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Home My WebLink About2003-0414 PECN" i i STATE OF COLORADO COUNTY OF EAGLE r t 096 PROOF OF PUBLICATION SS. I, Steve Pape, 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, 1 879, 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 ................. consec ive insertions: and that the first publication of said notice was in the issue of said newspaper dated ... u.lia —z .( ............. A.D...r......... and that the last ublication of said notice was in the issue of said newspaper r7) A.D . ... .... :........... .............. In witness whereof I have hereunto set my hand this ..... ....., day of .. ...... ... ... ,� � 3 ............ ..... ...... .. .......... I.......... Publisher Subscribed and sworn to befor e, notary public in and for the County of Eagle, State of Colorado, this ........... /.�...... day of ..:........ :'}.C.r.,..I J _ otary Public My Commission expires ............ � .f ... 0 • THIS REM MAY AFFECTYOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vall will hold a public hearing in accordance with Section 12 -3-6 of the Vail Town Code on April 14, 2003, at 2;00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses; Generally, Vail Town Code, to allow for amendments to a previ- ously approvetl development plan for a private school and aducafonal institution, and setting for details in regard thereto, located at 3000 Boothfalls HoadlLot 1. Vail Mountain School Subdivision. Applicant: Vail Mountain School, represented by Braun Associates Planner: Russell Forrest A request for a recommendation to the Vail Town Council of proposed text amendments to amend Chapter 1213 -4, Requirements by Employeo Housing Unit (EHU) Types, Vad Town Cade. to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development Inc. Planner: Bill Gibson A request for a recommendation to the Vail Town Council of a proposed text amendment to Section 12-10-9: Loading Standards. Vail Town Cade, to amend the requirement for loading berths & setting forth details in regard thereto. want: Town of Vail P enner Allison Ochs The appfications and Information about these pro- posals are available for public inspection during regular business hours at the Town of Val] Cortt- nnanl , Development DeeppaarhnenN oNk , 75 South Frontage Road The pn3rlic is invited to attend the project orientation held in the Town of Vail Com- munity Development Department office and the site visits that prec the public hearing. Please call (970) 479- 1? 38 ffoorr additional information. Sign language interpretation is available upon re- quest with 24 -hour notification, Pleaaa call (970) 479 -2356, Telephone for the Hearing Impaired, for additional information. This notice published in the Vail Daily on March 28, 2003. THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE Ao,,, NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Tow n(o`f`� Vail will hold a public hearing n accordance with Section 12 -3 -G of the Vail Town Code on April 9 p 14, 2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses; Generally, Vail Town Code, to allow for amendments to a previously approved development plan for a private school and educational institution, and setting for details in regard thereto, located at 3000 Boothfalls Road /Lot 1. Vail Mountain School Subdivision, Applicant: Vail Mountain School, represented by Braun Associates Planner: Russell Forrest A request for a recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12 -13 -4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development Inc. Planner: Bill Gibson 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 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. This notice published in the Vail Daily on March 28, 2003. Ton, OF6AIL �, • N° 097 PROOF OF PUBLICATION STATE OF COLORADO SS. COUNTY OF EAGLE 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. What 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 ......... _...... consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated ..... ........... A.D..�i....... and that the last publication of said notice was in the issue of said newspaper dated. /.f:1l,�!S�.. A. D......... .. ............ „ In witness whereof I have hereunto set my hand this ..... . �^ ��yy 111"Z03 iblisher Subscribed and rom to before , , a notary public in and for the County of Eagle, State of Colorado, this ..... day of ......`. 124 . -- My Commission expires ......� . -. J.., '„ '. .� Notary Public ! /� 49 IRIS rrerrr MPUfdLIC HaTICER PR6PERTY NOTICE I5 HEREBY GIVEN, tttal the Ptanni Bird ". holdra P licihearingisse�h 4fda With Sertfon 12.3 -6 of the Vail Town GoSb.jit ftlprll 14, 2003, at 2:00 PM:. in the Town of Vail Municipal Building. In consideratton of: A request for a worksession to discuss the follow- ing a olicanons. a recommendation to ills Vail Town Council of a text amendment to section 12- 78-13, Density Contrd. Zoning Regulations; a re' uesl for a recommendation to the Vail Town Four.. of a proposed rezoning of Lots P3 & 1 Block 5A, Vail Village razor Filing from Public Ac- Block zone dlstnct (PA p to Parking zone district (P); a request for a recommendation to the Vail Town Council for the proposed zoning of an unplatled parcel of land common)y referred to as the "trade parcel" and Lots 1 & 2, Mill Creek Subdi- vision to Ski Base Recreation II zone district; a re• finest for a minor subdiviaion, pursuant to Titte 13, Subdivision Regulations, Vail Town Code, to allow for the relocation of the common property line be- tween Lots P3 9 J, Block 5A, Vail itltlage 5th Ri- ing; a reqquest for a recommendation to the Vait Town Code of a proposed major subdivision, pur- Town Code 0 allow for thMajor ppllatting off then'tradei garCePi a request for a Condilional use permit, pur- ., r•L,�..ie. 1A Tune 12. of the Vail Town 4 railed on 1-01ti roe y, �s+,..�.. -.�- ... -d f -ing: a request for an exterior alteration or modi- ficatlon, pursuant to Section 12 -70.7, Exterior AI- teraiions or Modifications, Vail Town Code. to al' low for an addition to the Lodge at Vail: a request for a variance Irom Settlers 12- 21-10, Dev"T ment Restricted, Vail Town rl�Code. pursuant o egu low the construction ol1 rottiple- -gamily dwelling units on slopes in excess Of 4p9o; and a request for tpph{{e estab ishment of an approved development boar,'and setting forth construction of Vail's Front regard thereto. (A more Complete metes and bounds legai description is available at the Town of Vail Community Davel- opment department) Applicant: Vail Resorts, represented by Jay Pe- terson Ruther Planner. George exterior alterartion, final pursuant to of a Section 12 7 -m21ar Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a condilionat use permit, pursuant to section 12.7A- 3, Vail Town Code, to allow for a tractional fee club; a recommendation to the Vail Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Veil Town Code, 10 allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Seclian 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for e deviation from the total landscape area reAuire- men1, and a request for a final review of a modifi- cation of the Gore Creek 100 -year iloodpiain, pur- suant to Section 12.21.10, (Development Restrict- Town Vait Town Code, located at 20 Vail Road, 62 E. Meadow Drive, and B2 E. Meadow aivelLots K & L, Block 5E. Vail Village ist Filing. Applicant: Sonnenaip Properties. Inc -, resent- y Braun Associates. Inc. Planner: George Rutherlwarren Campbell The applications and information about these pro- posals are available for public inspection during .regular business hours at the Town of Vail Com- inunity DavaV.mant Department office, 75 South Frontage Road. The public Is invited 10 attend the d r, � Development Department officeg anddthe ?� calf {970) 479 -21r3B 1O ddifo all Information, Sign language interpretation is available 1,on re• quest wth 24 -hour notification. Please call (970) 478-2356, Telephone for the Hearing Impaired, for additional information. Published in the Vail Daily an March 26, 2003. THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE PI/4 NOTICE IS HEREBY GIVEN that the Planning nd Environmental Commission of the Town of t g % Vail will hold a public hearing in accordance with Section 12 -3 -6 of the Vail Town Code on April 14, 2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: 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 forthe 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 Sir' 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 5t" 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 10 Planner: George Ruther A request for a final review of a proposed major exterior alteration, pursuant to Section 12- 7A -12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a fractional fee club; a recommendation to the Vail Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10 of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, and a request for a final review of a modification of the Gore Creek 100 -year floodplain, pursuant to Section 12- 21 -10, (Development Restricted), Vail Town Code, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village Vt Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George Ruther/Warren Campbell 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. is This notice published in the Vail Daily on March 28, 2003. 1 k� TOWNVOF 11LL �Y • No STATE OF COLORADO COUNTY OF EAGLE 099 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, 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 , / ...... .... cone tiv insertions; and that the first publication of said notice was in the issue of said newspaper dated.. ...C< ............ .. . . .... A. D. ..... and that the last p llcation of said notice was in the issue of said newspaper dated / ... %l...... XD ................. . ... . :J........ In witness whereof I have hereunto set my hand this ....... .. , day of ...! .�... t } Publisher Subscribed and s orn to before , a notary public in and for the County of Eagle. State of Colorado, this ............ /... rT .., day of ... Lip-U, --- 2&D; Notary Public My Commission expires ...... 4.. ..., • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Monday, April 14, 2003 PROJECT ORIENTATION / - Community Develop- ment Dept. PUBLIC WELCOME 12-00 pm MEMBERS PR €SENTMEMBERS ABSENT tl Site Visds :1:00 pm 1. Vail Mountain School - 3000 Booth - falls Road 2 Sonnenalp - 20 Vail Road 3. Wail mark fP3&J) - Hanson Ranch Road Driver: George NOTE: It 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 I. Swearing in of reappointed PEC members John Schofield (4th term), Chas Bern- hardt (3rd term) and Doug Cahill (3rd term) -Pam Brandmeyer on behalf of Lorelei Donaldson, Town Clerk, 2. Election of 2003 Chair -Vice-Chair- 3, A request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses; Generally, Vail Town Code, to al ow for amend- ments to a previously approved development plan for a private school, and educational institution, and setting for details in regard thereto, located at 3000 Boothfalls Road/Lot 1, Vail Mountain School Sub- division- Applicant: Vail Mountain School, represented by Braun Associates Planner: Russell Forrest 4. A request for a finial review of a pro- posed major exterior alteration, pursuant to Sec - lion 12- 7A -124 Vail Town Code, to allow for a hotel redevelopment and addition a request for a final review of a conditional use permit, pursuant to Section 12-7A-3. Vall Town Code to allow for a fractional fee dub a recommendation to the Vail Town Council of a text amendment Section 12 -7A- 3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area require- ment, and a request for a final review of a modifi- cation of the Gore Creek 100 -year floodplaln, pur- suant to Section 12- 21 -10, (Development Restrict - ad), Vail Town Code, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow DrivelLots K & L, a" 5E, Vail V61age 1st Filing. Applicant: Sonnenalp Properties, Inc., represent- ed by Braun Associates, Inc. Planner: George Ruthen'Warren Campbell 5. A request for a recommendation to the Vail Town Council of a proposed text amend- ment to Section 12 -10-9: Loading Standards, Vail Town Code, to amend the requirement for loading berths and setting forth details in regard thereto.. Applicant: Town of Vail Plartner: Allison Ochs 6. A request for a worksession to dis- 8. A request for a recommendation to the Vail Town Council for a major amendment to cuss the following applications: a recommendation Special Development District No. 36, pursuant to to the Vail Town Council of a text amendment to Section 12.9A -10, Vail Town Code, to allow for a Section 12- 78 -43, Den" Control, Zoning Regina- S mixed -us e hotel; a request. Far a final review of a €ions; a request for a recommendation to the Vail conditional use permit, pursuant to Section 12 -7A- Town Council of a proposed rezoning of Lots P3 & 3, Vail Town Code to allow for Type III Employee J, Block 5A, Vail Village 5th Filing from Public Ac- Housing Units and a tractional fee club; and a re- Commodation zone district (PA) to Parking zone quest for a recommendation to the Vail Town district (P): a request for a recommendation to the Council for a proposed rezoning of lot 9A, Vail Vil- Vail Town Council for the proposed zoning of an lags 2nd Filing from Heavy Service (HS) District to unplatted parcel of land commonly referred to as Public Accommodation (PA) District, located at 28 the 'trade parcel' and Lots 1 & 2, Mill Creek Subdi- S. Frontage Rd. and 13 Vail RoadiLots 9A& 9C, vision to Ski Base Recreation 11 zone district; a re- Vail Village 2nd Fling. quest for a minor subdivision, pursuant to Thla 13, Subdivision Regulations, Vail Town Code, to allow for the relocation of the common property line be- Applicant: Nicollet Island Development Compa- tween Lots P3 & J, Blocks 5A, Vail Village 5th FI- ny Inc. Planner: Allison Ochs ing; a request for a recommendation to the Vail Town Code of a proposed major subdivision. pur- TABLED UNTIL APRIL 28, 2003 suant to Section 13 -3, Major Subdivision, Vail Town Coda, to allow for the ptatting of the "trade g A request for a recommendation to parcel'; a request for a conditional use permit, pur- the Vail Town Council for the establishment of suant to Chapter 16, Title 12. of the Vail Town Special Development District No. 37, pursuant to Cade, to allow for a "private off-street vehicle park.- Section 12 -9A-6, Development Plan, Vail Town ing facility and public park' to be constructed and Code, to allow for the redevelopment of the Tivoli operated on Lots P3&. J, Block 5A, Vail Village 5th Lodge, located at 386 Hanson Ranch RoadlLol E, Filing:; a request For an exterior alteration or modf- fication, pursuant to Section 12.76 -7., Exterior At- Block 2, Vail Village 5th Filing. terations or Modillications, Vail Town Code, to al- Applicant: Robert & Diane Lazier tow for an addition to the Lodge at Vail; a request for a variance from Section 12- 21 -10, Develop- Planner: George Rattler ment Restrieted, Vail Town Code, pursuant to TABLED UNTIL MAY 12,200 Chapter 17, Variances, Zoning Regulations, to al- low for the construction of multple- family dwelling anal use per - Ia. Par- A request for a units on slopes in excess of 40%; and a request for nonal rod, pursuant to Section 2-6D. (Conditional mit the establishment of an approved development low fora Uses), Vail Town Carla, to allow for a private adu= plan to facilitate the construction of Vail's Front rational institution, located at Parcel B. a resubdivi- Door, and setting forth details in regard thereto. (A sion of Tract D, Vail des Schone 1st Fling, gener- more complete metes and bounds legal description ally known as the "Hud Wirth' property. (A full -s available at the Town of Vail Community Devel- metes & aupoon De- opment Departments partment off Community Development re- Applicant Vail Resorts, represented by ,fay Pe- quest). terson Applicant: Children's Garden of Learning Planner: George Ruther Planner: Allison Ochs 7. A request for a recommendation to WITHDRAWN the Vail Town Council of proposed text amend- ments to amend Chapter 12 -13-4, Requirements 11 Approval of March 24, 2003 minutes by Employee Housing Unit (EHU) Types. Vail Town Code. to amend the Type li FHU require- 12, Information Update ments and salting forth details in regard thereto. The applications and information about the propos- Applicant:. AMS Development Inc. Applic A als are available for public inspection during regu- r: Gibson lar office hours in the project planne's office iocat- ad at the Town of Vail Community Development Department. 75 South Frontage Road. Please call 479 -2138 for information. Sign language interpretation available upon re- quest with 24 hour notificaton. Please call 479- 2356, Telephone for the Hearing impaired, tar in- formation. Community Development Department Published April t I, 2003 in the Vail Daily. r] to 0 • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Monday, April 14, 2003 PROJECT ORIENTATION I - Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Site Visits : MEMBERS ABSENT 1. Vail Mountain School — 3000 Boothfalls Road 2. Sonnenalp — 20 Vail Road 3. Vail Park (P3 &J) — Hanson Ranch Road Driver: George �o NOTE: If the PEC hearing extends until 6:00 p.m Public Hearing - Town Council Chambers A G�l�ti O 12:00 pm 1:00 pm , the board may break for dinner from 6:00 - 6:30 2 :00 pm Swearing in of reappointed PEC members John Schofield (4th term), Chas Bernhardt (3`d term) and Doug Cahill (3`d term) -Pam Brandmeyer on behalf of Lorelei Donaldson, Town Clerk. 2. Election of 2003 Chair — Vice -Chair — 3. A request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses; Generally, Vail Town Code, to allow for amendments to a previously approved development plan for a private school and educational institution, and setting for details in regard thereto, located at 3000 Boothfalls Road /Lot 1, Vail Mountain School Subdivision. Applicant: Vail Mountain School, represented by Braun Associates Planner: Russell Forrest 4. A request for a final review of a proposed major exterior alteration, pursuant to Section 12 -7A- 12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a fractional fee club; a recommendation to the Vail Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10 % of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, and a request for a final review of a modification of the Gore Creek 100 -year flood plain, pursuant to Section 12 -21- 10, (Development Restricted), Vail Town Code, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 1St Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George RutherlWarren Campbell *VAIL TOlt'h' f1 5. 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 and setting forth details in regard thereto. 40 Applicant: Town of Vail Planner: Allison Ochs 6. 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 forthe 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 5th 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%-1 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 7. A request for a recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12 -13 -4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type li EHU requirements and setting forth details in regard thereto. Applicant: AMS Development Inc. Planner: Bill Gibson 8. 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 2n0 Filing. Applicant: Nicollet Island Development Company Inc. Planner: Allison Ochs TABLED UNTIL APRIL 28, 2003 9. 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 5th Filing, Applicant: Robert & Diane Lazier Planner: George Ruther 0 TABLED UNTIL MAY 12, 2003 10. A request for a conditional use permit, pursuant to Section 12 -6D -3 (Conditional Uses), Vail Town Code, to allow for a private educational institution, 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 WITHDRAWN 11. Approval of March 24, 20013 minutes 12. 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. 0 Community Development Department Published April 11, 2003 in the Vail Daily. PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING RESULTS Monday, April 14, 2003 PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT John Schofield Erickson Shirley Chas Bernhardt Doug Cahill George Lamb Rollie Kjesbo Gary Hartman Site Visits: MEMBERS ABSENT 1. Vail Mountain School 3000 Boothfalls Road 2. Sonnenalp — 20 Vail Road 3. Vail Park (P3 &J) — Hanson Ranch Road 12:00 pm 1:00 pm Driver: George �o 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 Swearing in of reappointed PEC members John Schofield (4th term), Chas Bernhardt (3rd term) and Doug Cahill (3` term) -Pam Brandmeyer on behalf of Lorelei Donaldson, Town Clerk. 2. Election of 2003 Chair — John Schofield Vice -Chair — Erickson Shirley MOTION: George Lamb SECOND: Chas Bernhardt VOTE: 6 -0 (Schofield abstained) 3. A request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses; Generally, Vail Town Code, to allow for amendments to a previously approved development plan for a private school and educational institution, and setting for details in regard thereto, located at 3000 Boothfalls Road /Lot 1, Vail Mountain School Subdivision. Applicant: Vail Mountain School, represented by Braun Associates Planner: Russell Forrest MOTION: Doug Cahill SECOND: Gary Hartman VOTE: 4 -3 (opposed George Lamb, Erikson Shirley, Chas Berhardt) 40 APPROVED WITH 3 CONDITIONS: TOWN OF PAIL 1. The applicant shall completely remove all three modular classroom structures from the site by no latter than August 1, 2004. 2. The applicant shall completely remove the 240 sq. ft. temporary addition to the 40 existing kindergarten classroom, located on the north side of the existing building, by no later than August 1, 2004, 3. All other previously approved development parameters and conditions of approval not specifically altered by this amendment shall remain in effect. 4. A request for a final review of a proposed major exterior alteration, pursuant to Section 12 -7A- 12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a fractional fee club; a recommendation to the Vail Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, and a request for a final review of a modification of the Gore Creek 100 -year floodplain, pursuant to Section 12 -21- 10, (Development Restricted), Vail Town Code, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 15¢ Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George RutherlWarren Campbell MOTION: Chas Bernhardt SECOND: George Lamb VOTE: 7 -0 APPROVED WITH 9 CONDITIONS 0 1. That the applicant submits a revised site plan to the Community Development Department for review and approval of the Planning and Environmental Commission of an amended guest drop -off area along Willow Bridge Road in front of the Swiss Chalet. 2. That the applicant submits a signed deed - restriction to the Community Development Department restricting three units for employee housing at the Solar Vail Condominiums (Units 24, 25, and 26) located at 501 North Frontage Road. The signed deed - restriction shall be recorded at the Office of the Eagle County Clerk & Recorder, prior to the issuance of a building permit for any construction of this project. 3. That the applicant receives approval of a perpetual easement for ingress and egress of vehicular traffic to the Talisman Condominium property, located at 62 East Meadow Drive. The purpose of the easement shall be to provide a free, uninterrupted right of ingress and egress to and from the Talisman Condominium property to either Gore Creek Drive (Vail Road) or Willow Bridge Road, or both. The easement shall be of sufficient dimensions to allow for free and uninterrupted passage of vehicular traffic. The easement agreement shall be accepted by the Town of Vail in writing and shall be approved by the Planning and Environmental Commission, prior to granting a final approval of this project. The easement agreement shall be recorded at the Office of the Eagle County Clerk & Recorder, prior to the issuance of a building permit for any construction of this project. 4. That the applicant prepares a memorandum of understanding outlining the responsibilities and obligations of the applicant for all off -site improvements required to mitigate the development impacts associated with the development of this project. The scope of the streetscape improvements shall be as indicated on an approved Off -site Improvements Plan. The memorandum of understanding shall be submitted to the Administrator for review and recommendation to the Planning and Environmental 2 • �J 40 Commission. The Planning and Environmental Commission approval shall be obtained prior to final approval of this project. 5. That the applicant submits revised plans to the Community Development Department addressing the comments and conditions of the Town of Vail Public works Department as outlined in the memorandum to the Community Development Department dated April 9, 2003 (Attachment G). The revised plans shall be reviewed and approved by the Planning and Environmental Commission prior to final approval of this project. 6. That the applicant fully complies with the Project Registration requirements and all other applicable provisions as prescribed in Title 4, Business and License Regulations, Chapter 4, Article B, of the Vail Town Code, as determined by the Town Attorney. 7. That the applicant submits an application for a Conditional Use Permit to allow for accessory eating, drinking, or retail establishments located with a lodge in excess of 10% of the total gross residential floor area of the main structure or structures the site, provided the Vail Town Council approves a text amendment to Section 12 -7A -3, Vail Town Code. Said application shall not be made to the Community Development Department until any amending ordinance approving the text amendment to Section 12 -7A -3 of the Vail Town Code becomes effective. S. That the applicant considers the construction of the Gore Creek streamwalk as an off site improvement to mitigate the impacts of the development. 9. That the applicant shall limits the use and operation of the existing Vail Road loading /delivery area to trash and grease removal only. All other required loading /delivery activity shall be conducted entirely within the Swiss Chalet loading /delivery area which must be accessed off of Willow Bridge Road. The applicant shall submit a written and signed statement to the Town of Vail acknowledge this condition prior to the issuance of a building permit for this project. 5. 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 and setting forth details in regard thereto. Applicant: Town of Vail Planner: Allison Ochs MOTION: Rollie Kjesbo SECOND: Chas Bernhardt VOTE: 6 -0 (Cahill not present) FORWARD A RECOMMENDATION OF APPROVAL TO THE TOWN COUNCIL WITH 3 CONDITIONS: That prior to first reading of an ordinance, that the amendment be modified so that the Planning and Environmental Commission shall be the final reviewing body, not the Town Engineer. 2. That prior to first reading of an ordinance, that the amendment be modified so that the word "larger" is changed to "varying" 3. That the Town Council considers implementing a pay -in -lieu policy to encourage a centralized loading and delivery system in the Vail Village and Lionshead. 6. 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 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 51h 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 -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 MOTION: Doug Cahill SECOND: Rollie Kjesbo VOTE: 7 -0 TABLED UNTIL MAY 12, 2003 0 7. A request for a recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12 -13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development Inc. Planner: Bill Gibson MOTION: Rollie Kjesbo SECOND: Chas Bernhardt VOTE: 7 -0 TABLED UNTIL APRIL 28, 2003 8. 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 Ill 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 2nd Filing. Applicant: Nicollet Island Development Company Inc. Planner: Allison Ochs TABLED UNTIL APRIL 28, 2003 4 r1 9. 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, 40 to allow for the redevelopment of the Tivoli Lodge, located at 386 Hanson Ranch Road /Lot E, Block 2, Vail Village 51h Filing. Applicant: Robert & Diane Lazier Planner: George Ruther TABLED UNTIL MAY 12, 2003 10. A request for a conditional use permit, pursuant to Section 12 -6D -3 (Conditional Uses), Vail Town Code, to allow for a private educational institution, located at Parcel B, a resubdivision of Tract D, Vail das Schone 151 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 ky l k 11.1117_jwk 11. Approval of March 24, 2003 minutes 12. Information Update • • E �1 f�J MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 14, 2003 SUBJECT: A request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses; Generally, Vail Town Code, to allow for amendments to a previously approved development plan for a private school and educational institution, and setting for details in regard thereto, located at 3000 Boothfalls Road /Lot 1, Vail Mountain School Subdivision. Applicant: Vail Mountain School, represented by Braun Associates, Inc Planner: Russ Forrest 1. SUMMARY The applicant, Vail Mountain School, is requesting approval of a conditional use permit to amend the previously approved development plan for the Vail Mountain School (see Attachments C and D). The specific amendments being proposed include: • Roof plan revisions including an increase in building height. • Increase in net floor area from 87,383 sq. ft. to 90,592 sq. ft. • Installation of an additional modular classroom structure to be located directly west of the two previously approved, existing modular classroom structures. • Construction of a temporary 240 sq- ft. Kindergarten classroom addition, located on the north side of the existing building, to accommodate the relocation of classroom uses during the Phase 1 construction of the new the Vail Mountain School building. • Construction of a roofed covering for a portion of the previously approved outdoor play structure. All other previously approved development plan specification not directly altered by this proposal shall remain in effect. The Design Review Board is currently reviewing a related design review application for proposed changes to the new Vail Mountain School building in terms of fenestration, roof forms, building materials, etc. Based upon staff's review of the criteria in Section Vlll of this memorandum, the Community Development Department recommends approval of the request, subject 40 to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Vail Mountain School, is requesting approval of a conditional use permit to amend the previously approved development plan for the Vail Mountain School (see Attachments C and D). The applicant is requesting approval of roof plan revisions including an increase in building height. The proposal changes the height of the building in several locations and the maximum height of the building increases from 41 feet to 42 feet along the south side of the new building. The applicant is proposing this change in roof height to better accommodate supporting structural elements and mechanical systems located between the building floor plates. The applicant is also requesting approval of an overall increase in floor area. The previously approved floor area was 87,383 sq. ft. of which 4,260 sq. ft. was to be located below grade. The proposed amendment increases the overall floor area to 90,592 sq. ft.; however, 8,947 sq. ft. is proposed to be located below grade. The overall net increase in floor area is approximately 4 percent. The net floor area located above grade will decrease by 1,500 sq, ft. and the net floor area below grade has increased by 4,657 sq. ft. The applicant is also requesting approval to install a third modular classroom structure on the site directly west of the two previously approved, existing modular structure to accommodate the relocation of classroom uses during construction of the new the Vail Mountain School building 40 The applicant is also requesting approval for the construction of a temporary 240 sq. ft. kindergarten classroom addition, located on the north side of the existing building, to accommodate the relocation of classroom uses during the Phase 1 construction of the new the Vail Mountain School building. A portion of the existing kindergarten classroom area will be demolished and this temporary addition will replace the demolished area during construction. The applicant is also requesting approval for the construction of a roofed covering for a portion of the previously approved outdoor play structure. Ill. BACKGROUND History Prior to the 2000 Approved Mountain School Development Plan The following is a brief synopsis of Vail Mountain School development over the last 20 years: 1972 - Vail Village 12"' Filing was annexed into the Town of Vail and platted. This subdivision plat shows Lot 12 at 8.66 acres in size. 1972- At the time of annexation Agriculture Open Space zoning was applied to Lot 12. The total area of the parcel was 8.66 acres. The minimum lot size of the Agriculture Open Space zone district is 35 acres. 0 1979 -Vail Resorts conveyed the Tennis Court site to the Booth Falls Homeowners through a quick claim deed. 1979 - The first two story building was constructed on the site. 1979 - Original 2 -story building constructed. 1980 - Vail Resorts conveyed the land the school is on today to the Vail Mountain School. 1984 - North classrooms and rockfall berm constructed (berm is no longer necessary) 1989 - Gymnasium and stage addition constructed 1992 - Additional story added to existing building 1995- Library expansion 1999 - Temporary classroom structure constructed 2000 Approved Vail Mountain School Master Plant On June 81h, 1999, the Vail Town Council discussed the Planning and Environmental Commission's decision to approve a conditional use permit to allow for the installation of a temporary modular classroom structure at the Vail Mountain School. The Council agreed the conditional use permit could be extended for an additional year if the applicant presented a master plan to the Council within one year. On April 24th 2000, the Vail Mountain School received approval for a development plan (master plan) and a conditional use permit for the expansion of the school facilities, including eight Type III employee housing units. Phase I June 2000 -Jul 2001 improvements include: • Demolition of the rockfall mitigation berm • Removal of the existing temporary classroom structure • Construction of an eight - classroom wing to the north of the existing building • An elevator connection to all floors • Reconfiguration of the existing access and parking area to allow for the addition of a "drop off' lane and additional parking. Phase II (long-term) improvements include: • Addition of a 300 -seat auditorium • Faculty housing • Additional classrooms south of the gymnasium • Additional parking 2002 Approved Mountain School development Flan In 2002 the Vail Mountain School applied for and received approval for the following requests, 1) A request for a recommendation to the Vail Town Council to rezone 3010 Booth Falls Road /Lot 11, Block 2, Vail Village 12th Filing from Two - Family Residential to General Use; 2) A request for a recommendation to the Vail Town Council to rezone Lot 12, Block 2, Vail Village 12th Filing to General Use, The northern portion of this lot is zoned Agriculture Open Space; 3) A request for a recommendation to the Vail Town Council to rezone Tract C, Block 1, Vail Village 12 " Filing from Two - Family Residential to General Use; 4) A request for a recommendation to the Vail Town Council to modify the official Town of Vail Rockfall Hazard Map to indicate approved mitigation for 3160 N. Frontage Road /Lot 12, Block 2, and Tract C, Block 1, Vail Village 12" Filling; • 5) A request for a recommendation to amend the official Town of Vail Land Use Map for Tract C. Block 1, Vail Village 12"' Filing from Low Density Residential to Public /Semi- Public;. is 6) A request for an amendment to the previously approved development plan and a new conditional use permit for a private educational institution and an active outdoor recreation area on 3010 Booth Falls Road /Lot 11, Block 2, Vail Village 12th Filing_ and 3160 N_ Frontage Road East/ Lot 12, Block 2, Vail Village 12th Filing; 7) A request for a conditional use permit to allow for the construction of eight Type III EHUs located on Tract C, Block 1, Vail Village 12th Filing; 8) A request for a for a conditional use permit to continue to allow for the existing temporary modular classroom structures located at 3160 N. Frontage Road East/ a part of Lot 12, Block 2, Vail Village 12th Filing; 9) A request for a major subdivision and preliminary plat approval for the Vail Mountain School Subdivision, A resubdivision of Lots 11, 12, Tract C, and Katsos Ranch Road, Vail Village 12th Filing in accordance with Title 13, Chapter 3, Vail Town Code, and setting forth details in regards thereto. The Please refer to Attachment E for further details about the previously approved development parameters established by the master plan. • 4 Planning and Environmental Commission and Design Review Board discussion regarding the 2002 approved Mountain School development plan applicable to these proposed amendments June 10" 2002 Planning and Environmental Commission Meeting • There was agreement with Design Review Board that the height of the gymnasium could be reduced. • There was concern about the overall mass of the school. July 8 t 2002 Planning and Environmental Commission Meeting • Several members of the Planning and Environmental Commission commented that the school was addressing their concerns and moving in the right direction. Also the new plan was similar to the plan approved in 2000 in that the school would be accommodating the same number of students and would have the same number of staff. • Planning and Environmental Commission heard testimony from adjacent neighbors that the school was still too big and that the height should be further reduced to minimize the visual impact of the school. There was testimony regarding the need to remove parking from Tract C. Also lighting was a critical issue neighbors were concerned about. There were also comments that the school needed to improve trash removal and clean -up of the grounds. A letter from Winston Associates was provided to the Planning and Environmental Commission by several Katsos Ranch neighbors that outlined their position on the project and recommendations for Tract C. June 5T" 2002 Design Review Board Meeting • The Design Review Board was very supportive of the architectural form of the building. Specifically they liked the horizontal and vertical variation in the design. • The Design Review Board liked the contrast in the use of materials and that several roof materials would be considered. • The Design Review Board requested that the applicant look at sinking the gymnasium to reduce the height of this element to address concerns from adjacent property owners. IV. ROLES OF THE REVIEWING BODIES Order of Review:. Generally, applications for a conditional use permit 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 approvalidenial /approval with conditions of conditional use permits. • The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs, 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title, 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. 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. 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. • iV. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations (Title 12. Vail Town Code) Article 12 -9C: General Use (GU) District 12 -9C -1: PURPOSE.' The general use district is intended to provide sites for public and quasi -public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12 -1 -2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi - public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. Chapter 12 -16: Conditional Use Permits 12 -16 -1: PURPOSE: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. Town of Vail Land Use Plan Chapter I! — Land Use Plan Goals/Policies 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). • 6.1 Services should keep pace with increased growth. Chapter V1— Proposed Land Use PSP Public /Semi Public The Public and Semi - Public category includes schools, post offices, water and sewer service and storage facilities, cemeteries, municipal facilities, and other public institutions, which are located throughout the community to serve the needs of residents. VI. SITE ANALYSIS Zoning: General Use (GU) district W1 development standards in the GU zone district are prescribed by the Planning and Environmental Commission Lot Size: 7.98 acres (347,826 sq. ft.) Exist_'r_nA 2000 Plan 2002 Plan Proposed Amendments Density: nla n/a nla n/c Setbacks: Cabin Side /Booth Ck Rd n/a n/a 25' n/c Side /East nla n/a 162' n/c Front/north n/a n/a 135' n/c School Side /Katsos 90' 24' 20' n/c Frontage Road 76' 76' 25' n/c Side: Booth Creek 358' 358' 370' n/c Rear: 23' 20' 20' n/c Height: 27' 36' 41' 42' Parking Spaces- 85 116 100 n/c Site Coverage: 8.26% 14.1% 16% n/c Landscape Area: n/a n/a 71% n/c Snow Storage: n/a n/a 31% n/c Floor Area: 20,468 sq.ft. 55,390 sq.ft. 87,383 sq,ft. 90,592 sq.ft. Number of Students: 261 330 320 n/c Number of Faculty: 43 48 48 n/c 8 0 VII. SURROUNDING LAND USES AND ZONING Land Use Zonin4 North: Residential Two - Family Residential South: CDOT 1-70 Right -of -'Way Un -zoned East: Residential Two - Family Residential West: Park/Open Space Natural Area Preservation Vlll. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by the Town Code. The proposal is located within the General Use (GU) 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. The Vail Land Use Plan applies a "Public /Semi- Public" land use designation on this property. This category includes uses such as schools, post office, water and sewer service and storage facilities, cemeteries, municipal facilities, and other institutions which are located throughout the community to serve the needs of residents. Staff believes this proposal is in compliance with all applicable objectives of the Vail Land Use Plan. Staff believes the proposal furthers the following specific goals: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 6.1 Services should keep pace with increased growth. The proposed third modular classroom structure requires a conditional use permit for temporary structures pursuant to Section 12 -9C -3, Vail Town Code. The Vail Town Code requires the issuance of a conditional use permit for temporary structures, in part, to insure that adequate steps are taken to insure that the structure complies with the development objectives of the Town. The intent of allowing temporary structures is to accommodate those situations when a permanent structure is not appropriate or circumstances, such as duration of use, warrants a temporary structure. In the case of the �. Vail Mountain School, staff believes an additional temporary modular classroom structure is warranted for a limited period of time to accommodate the immediate needs of the school while the school completes construction of the new facility. A request for a second structure was approved for two years in the 2002 development plan. 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. Effect of the use of light and air: There will be an increase in maximum building height on the south east corner of the building. Other roof elevations increase and decrease slightly. None of these changes should impact shading to adjacent properties. Distribution of population: This amendment to the development plan does not change the anticipated number of employees or students and will not impact population. Transportation — Please refer to item 3 below. Schools — Planned improvements for the school will increase capacity to approximately 300 students and provide affordable housing for teachers and staff. Staff believes the proposal will have a positive impact on educational opportunities in the Vail Valley. The requested conditional use permit for the temporary modular classroom structure will have positive effects on the immediate needs of the school. Parks and Recreation — The proposed amendments do not affect the outdoor recreational fields approved in the 2002 Vail Mountain School development plan. In 2002, the staff concluded that the proposed auditorium facility could be a valuable amenity to Vail's residents if properly managed through a public /private partnership. The applicant has expressed a desire to provide opportunities for public events at the auditorium when school - related functions are not scheduled. The redevelopment of the soccer field will also provide recreational opportunities for the community_ 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. The applicant is not proposing any change in the approved 2002 development plan that would adversely impact traffic circulation. However, since the 2002 approval the Director of Public Works has received a letter from the Colorado Department of Transportation that lC i� s • acceleration and deceleration lanes are now needed at the Booth Falls Road and Frontage Road Interchange. Given this information came after the approval from CDOT staff does not believe it would be equitable to impose this requirement on the applicant. However, staff wanted to document this need in the event that the school expands its uses in the future (Attachment F). 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. These amendments to the 2002 Vail Mountain School development plan will increase the overall net floor area. However, the amendment will decrease the net floor area located above grade by 1,500 sq. ft, and increase the net floor area located below grade by 4,700 sq. ft. This amendment will reduce the mass of the building in comparison to the 2002 development plan. In reference to the proposed third modular classroom structure, staff believes that the proposed exterior improvements to the structure, the location of the structure, and the temporary nature of the structure will minimize the impacts of the structure on the character of the area if removed by August 2004. B. The Planning and Environmental Commission shall make the _followin findings before rantin a conditional use ermit: 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 General Use (GU) 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 RECOMMENDATIONS AND CONDITIONS The Community Development Department recommends approval for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses; Generally, Vail Town Code, to allow for amendments to a previously approved development plan for a private school and educational institution, and setting for details in regard thereto, located at 3000 Boothfalls Road /Lot 1, Vail Mountain School Subdivision. Staff's recommendation is based upon the review of the criteria in Section VIII 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 General Use 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 completely remove all three modular classroom structures from the site by no latter than August 1, 2004. 2. The applicant shall completely remove the 240 sq. ft, temporary addition to the existing kindergarten classroom, located on the north side of the existing building, by no later than August 1, 2004. 3. All other previously approved development parameters and conditions of approval not specifically altered by this amendment shall remain in effect. X. ATTACHMENTS A. Public Notice B. Vicinity Map C. Applicant's Letter of Request D. Proposed Vail Mountain School development plan amendments E. 2002 Vail Mountain School approved development plan F. Letter from CDOT • I THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE Attachment: A 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 April 14, 2003, at 2:00 P.M. in the Town of Vail Municipal Building_ In consideration of: 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'h 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, Val Village 5' Filing; a request for an exterior alteration or modification, pursuant to Section 12 -76 -7, Exterior Alterations or Modifications, Vail Town Code, to allow for an addition to the Lodge at Vail; a 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 conditional use permit, pursuant to Section 12 -9C -3, Conditional Uses; Generally, Vail Town Code, to allow for amendments to a previously approved development plan for a private school and educational institution, and setting for details in regard thereto, located at 3000 Boothfails Road /Lot 1, Vail Mountain School Subdivision. Applicant: Vail Mountain School, represented by Braun Associates Planner: Russell Forrest A request for a recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12 -13 -4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto_ Applicant: AMS Development Inc. Planner: Bill Gibson 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 TOWN OF 1 A request for a final review of a proposed major exterior alteration, pursuant to Section 12- 7A -12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a fractional fee club; a recommendation to the Vail Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, and a request for a final review of a modification of the Gore Creek 100 -year floodplain, pursuant to Section 12- 21 -10, (Development Restricted), Vail Town Code, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 1" Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George Ruther /Warren Campbell 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. 0 This notice published in the Vail Daily on March 28, 2003. 0 W Attachment: B Attachment. C • 0 E �uN� TA1 S"% �7pvowux:)G,�� 0 o� 1° Application for Amendment to Conditional Use Permit March 17, 2003 1. Amendment Overview A. Summary of proposal The Vail Mountain School redevelopment project was approved by the Planning and Environmental Commission (PEC) on July 22, 20 22,20 2se The Planning and n Council on August 22, 2002, and by the DRB on Octo , Environmental Commission approved a conditional use permit for the school facility which included a development plan. In the General Use (GU) zone district the PEC is responsible for setting the development limitations for a project. This includes standards such as setbacks, site coverage, building square feet, and building height. Since the GU zone district does not contain a provision that allows minor variations to development parameters, the Vail Mountain School must amend its conditional use permit to accommodate some minor changes to the plan. Please note that no changes are being requested for the improvements on Lot 2 (a.k.a., Tract C) where the faculty housing is located. The proposed changes include: • Minor changes to the building height generated as a result of minor design changes, technical structural and code issues, and clearance requirements. The main roof ridge and roof fortes remain unchanged. The changes occur to minor roof forms and elements. A temporary addition to the existing building to accommodate a kindergarten area while phase 1 of the school is being constructed (to be demolished in 2004 along with the existing building), • A third modular structure to accommodate classroom activities during the construction /transition period (one year). • Children's play structure in the children's play area west of the gymnasium which includes climbing apparatus and covered play elements. The covered play element is a new addition to the approved plan. • An increase in floor area to allow additional storage and mechanical space in the basement level of the building. B. Justification and Details for the Proposed Changes Budding Height Changes The changes in building height are a result of refinements to the design of the building, technical structural issues, and the overall engineering of the building undertaken since the July PEC approval. The changes are minor in character and do Vail Mountain School l Braun Associates, Inc. • • not change the basic form, bulk, or mass of the structure. Most of the changes occur in areas which have minor, if any, impacts on adjacent properties. These changes maintain the overall integrity of the approved plan and remain consistent with the previous approval and the condition use criteria found in the 'Town Code. The following is list of the key changes in height: o The main primary east /west ridge of the building is unchanged in height from the approved plan. • The main ridge lines of the north /south classroom wings remain unchanged in height from the approved plan. • The secondary roof elements on the classroom wings with a ridge running east /west have been increased one and a half inches in height from the approved plan. These elements are significantly below the elevation of the main classroom ridge elevation. • The main ridge of the gymnasium is being increase by one and a half inches. • The auxiliary gym roof is being increased by four feet in height from the approved plan. This element is on the very west end of the main gym and is significantly below the ridge elevation of the main gym structure. • The ridge of the tower element located on the east end of the building is being increased by one foot in height from the approved plan. • The north /south ridge over the auditorium is being increased by one foot to match the elevation of the primary roof ridge. Tempormy Kindergarten Area Addition In the process of constructing phase 1 of the school (the eastern half of the school) an approximately 700 sq. ft. (350 sq. ft. on each level of two -story structure) portion of the existing school building must he removed to accommodate the new construction. That square footage is being removed from the kindergarten and first grade classroom areas of the school. In order to accommodate the kindergarten students all in the same area of the school, VMS is proposing to construct an approximately 240 sq. ft. temporary addition to the existing building to accommodate the kindergarten activities. This addition will occur to north side of the existing structure as shown on the plan submitted. It is important to maintain all of the kindergarten children in the same area and is not practical or safe to have portions of the kindergarten relocated to modulars. This addition is necessary to allow the school to maintain operations during the construction period. This addition along with the entire existing school building will be demolished in the summer of 2004 to allow the remainder of the new school building to be constructed. Vail mountain School 2 L'taun Associates, Inc. Third Temporary Modular Maintaining the operation of the school during this extensive redevelopment project has become a challenging task. In order to accommodate the necessary classroom and administrative space during the construction of phase 1 it has become necessary to have an additional modular structure. This third structure is proposed to be placed next to the location of the other two rnodulars. These modulars will all be removed in the summer of 2004 when phase 1 of the school is complete. play Structure — Covered Elements The school is proposing to construct a children's adventure play ground to the west of the new school building as approved in 2002. The playground will include climbing apparatus and small protected play elements. The only reason we included this request for approval is due to the covered element of the playground equipment which compromise about 144 sq. ft. of open under roof area. The equipment will have little, if any, impact on adjacent properties. • Nevv Square Footage The approved plan for the school included approximately 87,383 sq. ft. of which 4,260 sq. ft. was in the basement area for uses such as storage and mechanical equipment. The proposed plan includes approximately 90,592 sq. ft. of which 8,947 sq. ft. is located in the basement. The overall floor plans for the first and second floors results in an approximately 1,500 sq. ft reduction of floor area. After refining the plans for the building, which has occurred during the construction document phase, the need for additional basement space has developed. This space occurs in the basement level of the building and has no impact on the exterior or bulk and mass of the building whatsoever. It is very common for minor changes to these types of spaces to occur once more detailed review of mechanical systems has been completed and the overall structure of the building gets engineered. 0 Vail Mountain School 3 Braun Associates, Inc. • II. Proposed Condition of Approval In order to allow some flexibility to the applicant and town staff, we would like to propose a condition of approval that allows staff and /or the Design Review Board to review minor changes to the development that do not change the basic character and intent of the overall plan. The proposed condition reads as follows: Minor changes to the development plan which do not affect the overall character and intent of the development plan may be approved by the Community Development Department or by the Design Review Board, as determined by staff. Minor changes include increases to the overall floor area of the building, increases in site coverage, decreases in landscape area, increases in building height, and decreases in setbacks by not more than 5% of that approved on the development plan approved by the PEC on July 22, 2002 and subsequently amended on April 14, 2003. IIL Project Schedule The VMS redevelopment project began last fall. Since then several initial portions of the project have began or have been completed. They include: • Rough grading for the soccer field. • Relocation of the school cabin and preliminary construction of the associated parking. • Relocation of the eastern most modular to the west side of the school. • Establishment of a new exit to the North Frontage Road. • Relocation of mailboxes on Katsos Ranch Road. • Utility work throughout the campus. During the next construction phase of the school the following activities will occur (anticipated completion date in parentheses): • Realignment of Katsos Ranch Road (spring /summer of 2003) • Completion of soccer field and associated landscaping (summer of 2003) • Completion of cabin area parking and landscaping (summer of 2003) • Installation of modular structure and construction of temp. addition (summer 2003) • Demolition of portion of existing school to accommodate phase 1 (summer 2003) • Construction of Phase 1 (eastern half) of school building (summer 2004) • Construction faculty housing structures and related landscaping (summer 2004) • Demolition of existing school building (late summer 2004) • Completion of Vail Mountain School redevelopment (summer 2005) 0 Vail Mountain School 4 Braun Associates, Inc. IV. Conditional Use Permit Criteria Below is the criteria used by the staff and the Planning and Environmental Commission when reviewing a request for a Conditional Use Permit. Each criterion has been addressed and we find that the proposal fully complies with each. The submittal materials and analysis provided for the July 22, 2002 approval are hereby incorporated by reference. A. Relationship and impact of the use on development objectives of the town. Our Anal sis: The proposed changes are consistent with the plan approved in July of 2002. The proposed school uses are being located in an infill area of the Town. This area was historically developed with residential and school facilities. The proposed school is fulfilling a community need for educational facilities for kindergarten through grade 12. The proposed changes are consistent with the goals and objectives of the Vail land Use Plan as documented in Section Vl of this report. B. The effect of the use on light and air, distribution of population, tran.Dortatson facilities, sttilsties, schools, parks and recreation facilities, and other public facilities needs. Our Analysis: The proposed project will have little impact on these criteria. The locations of the proposed structures and the height and mass of these structures have been designed to be consistent with other uses in the area. The larger elements of the proposed buildings have been located to a large degree to the south of the parcel. Additionally, given the elevation of the area being considered for development relative to the higher elevations (15' to 20� of surrounding residential structures, most homes will look down and over these proposed buildings. Given these conditions the proposed changes to the approved facilities will have little, if any, impacts on the light and air provided to adjacent uses. The population distribution will be unchanged from the 2002 approved plan. The request for the temporary structures will have little impact on these criteria due to their location on the site, scale of the structures, and proposed classroom use. • Vail Mountain School Braun Associates, Inc. 0 C. Elect upon traffic with particular reference to congestion, automotive andpedestnan safety and convenience, traffic flow and control, access, maneuverability° , and removal of snow firm the street and parking areas Our Analvsis: This criterion will not be affected by the changes being proposed to the plan. Please refer to the 2002 submittal and approval for an overall analysis of this criterion. 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 Our An ly §is: The Vail Mountain School currently exists on this property and has been located on this site for over 20 years. In July of 2002 the Planning Commission approved an expansion to this facility and found that it was compatible with the neighborhood and surrounding uses. The proposed plan provides for very minor changes to that approved plan. As stated in our original application materials in 2002, the proposed structures have forms and materials that mimic that of the surrounding residential uses. The proposed changes will increase the height of certain elements of the building but these changes will have little effect on the overall bulk and mass of the approved building. The development plan and the proposed temporary classroom structures will have little negative impact on the surrounding uses with respect to the bulk, mass, and character of the area. is Vail Mountain School Braun Associates, Inc. 6 V. Land Use Flan Goals Below is a list of Goals from the Vail Land Use Plan that are applicable to the Vail Mountain School, The proposed minor revisions to the Master Plan and conditional use permit are consistent with these goals as the proposal is responding to the needs of the community, is being developed in an area where development is currently located and anticipated by the Vail Land Use Plan, and is redeveloping an older building and improving upon its character and relationship to the context of the neighborhood. 1. General Growth/ Development 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. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.3 .Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded, Additional employee housing needs should be accommodated at varied sites throughout the community. b. Community Services 6,1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services, Vail. Mountain School Braun Associates, Inc. 7 �o �v nn ° x c cow vi � o r V° C7 c is0 � b � N W 0c ro i f J r r N r r r , J j I► `J � 11 — 1 1 Attachment: D 1111 V.01511 '� Ll • K�31 �� I � . 0 � � | � ( � � S ILENE ilg* / �� -------- - • • 0 E roc • • 0 • �A '� �;III,Ililll�i'llllllir� E° 1 -' I ��r I I aor� plailly urd ?14. Q. MIR 14 I II I � ...: �a a � ��r I I eR ., is { f% fi i 1 VAIL MOUNTAIN SCHOOL • • • i • 0 tlr r} I I gi F 11 f 11 � rill- , 6� S� VAIL MOUNTAIN SCHOOL _ - - - _ . Vail. Coloratlo — g Fill 11 1[1 e� Qr� r~ fif WWI $9 XEW I I I gi F 11 f 11 � rill- , 6� S� VAIL MOUNTAIN SCHOOL _ - - - _ . Vail. Coloratlo — k 1 la H ii 1 . im I ' 11 91 JI j II II ar III WTI f6 1 k t e 1 �U F a r I, aaaw cc eaapa {T HIM all - jlf 11�f Hill • • 1 0 err °` --- -5+ o t4 r �1 l f Id + -- ii � r a . p JI � 11 gi . 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IN -4Z 13 • • I. 9 Uhl LJ I �r�t. �i S I �r�t. • 0 Attachment: E MEMORANDUM TO: Planning and Environmental Commission -FROM: Community Development Department DATE: August 12, 2002 SUBJECT: Amendment to the Vail Mountain School Development Plan and associated rezoning, conditional use permit, and hazard area amendment requests located at Lots 11 and 12, Block 2, Vail Village 12"' and Tract C, Block 1, Vail Village 12th Applicant: Vail Mountain School, represented by Braun and Associates Planner: Russ Forrest L SUMMARY The applicant is requesting final decisions and recommendations on the various applications that have been submitted to redevelop the Vail Mountain School. It is critical that the Planning and Environmental Commission utilize the criteria and findings referenced in section VI of this memorandum in considering a decision. There are a total of nine applications involved with this proposal. The Planning and Environmental Commission should reference section II for a summary of those applications that the Planning and Environmental Commission makes a recommendation to the Town Council on those applications where they are making a final decision. Since the last Planning and Environmental Commission meeting on July 22nd meeting the applicant has: * . Created a pedestrian trail from the north parking area to the school. * Further moved the soccer field away from the street. * Completed a lighting plan * Created a pedestrian connection to the bus stop. DESCRIPTION OF THE REQUEST This project involves the following ;properties: Parcel Current Proposed Lot Size Property Zoning and Zoning and Owner Use Use 1) Lot 12 S , Block 2, Vail General Use General Use 6.1 acres Vail Mountain Village 12'" (Current (GU) Zoning/ School School Site) school, soccer field & 88 parking spaces 2) Lot 12 (applicant has Agriculture General Use 1.28 Vail Mountain referred to property as Open Space Zoning/ acres School 12N), Block 2 Vail Village (AOS) 12 parking (Previously 12t" (Tennis Court Site) spaces, owned by the This site was not properly relocated Booth Falls subdivided and is actually cabin Homeowners part of Lot 12. Associations) 3) Lot 11, Block 2, Vail Two Family General Use/ .4 08 Vail Mountain Village 12"' (lot directly Residential Soccer Field acres School west of current soccer field 4) Tract C, Block 1, Vail Two Family General Use / 1.19 Vail Resorts Village 12'' Residential 8 EHUs & 16 acres parking spaces required for EHUs f�J 0 • Project Area 0 • The following is .a summary of the applications for this project: Applications that the Planning and Environmental' Commission will make a recommendation on: 1) A request for a recommendation to the Vail Town Council to rezone 3010 Booth Falls Road /Lot 11, Block 2, Vail Village 121" Filing from Two - Family Residential to General Use; 2) A request for a recommendation to the Vail Town Council to rezone Lot 12, Block 2, Vail Village 12'' Filing to General Use, The northern portion of this lot is ,zoned Agriculture Open Space; 3) A request for a recommendation to the Vail Town Council to rezone Tract C, Block 1, Vail Village 12� Filing from Two - Family Residential to General Use; 4) A request for a recommendation to the Vail Town Council to modify the official Town of Vail Rockfall Hazard Map to indicate approved mitigation for 3160 N. Frontage Road /Lot 12, Block 2, and Tract C, Block 1, Vail Village 12'' Filling; 5) A request for a recommendation to amend the official Town of Vail Land Use Map for Tract C, Block 1, Vail Village 12th Filing from Low Density Residential to Public/Semi- Public; Applications that the Planning and Environmental Commission will make a decision on: 0 6) A request for an amendment to the previously approved development plan and a new conditional use permit for a private educational institution and an active outdoor recreation area on 3010 Booth Falls Road /Lot 11, Block 2, Vail Village 12"' Filing and 3160 N. Frontage Road East/ Lot 12, Block 2, Vail Village 12"` Filing; 7) A request for a conditional use permit to allow for the construction of eight Type III EHUs located on Tract C, Block 1, Vail Village 12"' Filing; 8) A request for a for a conditional use permit to continue to allow for the existing temporary modular classroom structures located at 3160 N. Frontage Road Eastl a part of Lot 12, Block 2, Vail Village 12"' Filing; 9) A request for a major subdivision and preliminary plat approval for the Vail Mountain School Subdivision, A resubdivision of Lots 11, 12, Tract C, and Katsos Ranch Road, Vail Village 12"' Filing in accordance with Title 13, Chapter 3, Vail Town Code, and setting forth details in regards thereto. The Town Council will also need to accept the dedication of land and approve of the subdivision. Ill. BACKGROUND A. 2000 Vail Mountain School Master Plan On June 8"', 1999, the Vail Town Council discussed Planning and Environmental Commission's decision to approve a conditional use permit (CONDITIONAL USE PERMIT) to allow for the addition of a temporary classroom structure at the Vail Mountain School. The Council agreed the CONDITIONAL USE PERMIT could be extended for an additional year if the applicant presented a master plan to the Council within one year. On April 240, 2000 the Vail Mountain School received approval for a development plan (master plan) and a conditional use permit for the expansion of the school facilities, including eight Type Ill employee housing units. Attachment A summarizes the development parameters that were approved for the master plan. The Vail Mountain School Master Plan involves significant improvements constructed in two separate phases. Phase I (June 2000 -July 2001) improvements include: ■ Demolition of the rockfall mitigation berm • Removal of the existing temporary classroom structure • .Construction of an eight - classroom wing to the north of the existing building • An elevator connection to all floors • Reconfiguration of the existing access and parking area to allow for the addition of a "drop off lane and additional parking. Phase iI (long-term) improvements include: • Addition of a 300 -seat auditorium • Faculty housing ■ Additional classrooms south of the gymnasium ■ Additional parking It is important to note that the proposed 2002 development plan and the approved 2000 master plan propose the same number of students (330 students) and 28 class rooms. The 2002 proposal does include a larger auditorium (400 seats versus 300). The total floor area is approximately 31,993 square feet larger than the 2000 master plan. Parking (116 spaces) and employee housing is proposed to be the same for the 2002 application and the 2000 master plan given that the number of students and faculty will remain the same. B. History of the Property The following is a brief synopsis of Vail Mountain School development over the last 20 years: 1972 - Vail Village 12"' Filing was annexed into the Town of Vail and platted. This subdivision plat shows Lot 12 at 8.66 acres in size. 1972 -At the time of annexation Agriculture Open Space zoning was applied to Lot 12. The total area of the parcel was 8.66 acres. The minimum lot size of the Agriculture Open Space zone district is 35 acres. 1979 -Vail Resorts conveyed the Tennis Court site to the Booth Falls Homeowners through a quick claim deed. 1979 -the first two story building was constructed on the site. 1980 -Vail Resorts conveyed the land the school is on today to the Vail Mountain School. 1979 — Original 2 -story building constructed 1984 — North classrooms and rockfall berm constructed (berm is no longer necessary) 1989 — Gymnasium and stage addition constructed 1992 — Additional story added to existing building 1995 — Library expansion 1999 — Temporary classroom structure constructed IV. ROLES OF REVIEWING BOARDS 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. A. Major Subdivision Planning and Environmental Commission: Action_ The Planning and Environmental Commission is responsible for final approval/approval with conditions/denial of a major subdivision. Specifically the the code states: The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13 -3 -3C above. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. (1997 Code: Ord. 2(1983) § 1 B. Conditional Use Permit Plannin and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval /approval with conditions /denial of a conditional use permit. The Planning and Environmental Commission will make recommendations to the Town Council on rezoning land, text amendments, and modification of hazard designations. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 0 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. The Planning and Environmental Commission is also responsible for prescribing the development parameters on General Use zoned land and ensuring the development parameters conform to approved zoning in other zone districts. The development parameters that must be considered include: • Lot area • Setbacks a Building Height 0 • Density • GRFA • Site coverage • Landscape area • Parking and loading • Mitigation of development impacts C. Design Review Board Application Design Review Board: The Design Review Board has no review authority on a conditional use permit, but must review any accompanying Design Review Board application. The Design Review Board is responsible for evaluating the Design Review Board 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 • RemovaUPreservation of trees and native vegetation • Adequate provision for snow storage on -site • Acceptability of building materials and colors • Acceptability of roof elements, eaves, overhangs, and other building forms • Provision of landscape and drainage • Provision of fencing, walls, and accessory structures • Circulation and access to a site including parking, and site distances • Location and design of satellite dishes • Provision of outdoor lighting • The design of parks D. 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. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a 7 recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. 0 E. Rezoning, Major Subdivision Town Council: The Town Council is the final decision making authority for a rezoning or a text amendment. Final actions of Design Review Board or Planning and Environmental Commission maybe 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. The Town Council is also responsible for accepting land for public right of way in a Major Subdivision. V. SUMMARY OF PLANNING AND ENVIRONMENTAL COMMISSION & DESIGN REVIEW BOARD INPUT June 10`'2002 Planning and Environmental Commission Meeting • The Planning and Environmental Commission asked that a sensitive lighting plan be developed. • Make the parking on Tract C more consolidated. • There was some interest in moving the Headmasters House onto Tract C. • The Planning and Environmental Commission wanted to see a management plan for the EHUs to show how the units would be used by employees of the school. • There was a comment to move Katsos Road further to the East to create more space for the school. • There was a comment to subdivide the headmaster's house from the rest of the school and recreational field. • There was a need for additional information on retaining walls and grade changes. • Create enclosed parking for EHUs on Tract C • There was concern expressed about the van parking on Tract C. • There was agreement with Design Review Board that the height of the gymnasium could be reduced. • There was general support that EHUs on Tract C were appropriate.. • There was some concern about the overall mass of the school. • Some members did not support an amendment to add the 425 credit to the Agriculture Open Space Zone District. July 8`h 2002 Planning and Environmental Commission Meeting • The Planning and Environmental Commission asked the applicant to rezone the tennis court area to either General Use or Single Family Residential. There was agreement that a more appropriate zoning should be used for the headmaster's house and the soccer field. 0 • The majority of Planning and Environmental Commission indicated that they would not support a text amendment for the Agriculture Open Space zone district to accommodate a 425 GRFA credit. • The Planning and Environmental Commission did not approve of parking on the Frontage Rd for overflow parking. • There was some interest from the Planning and Environmental Commission in pursuing event parking at the Booth Falls trailhead. * The Planning and Environmental Commission wanted to see a sensitive lighting plan for the project. • The Planning and Environmental Commission stated that the fence beside the soccer field must be moved at least 10 feet from the edge of asphalt of Booth Falls Road. • Several members of the Planning and Environmental Commission commented that the school was addressing their concerns and moving in the right direction. Also the new plan was similar to the plan approved in 2000 in that the school would be accommodating the same number of students and would have the same number of staff. ! Planning and Environmental Commission heard testimony from adjacent neighbors that the school was still too big and that the height should be further reduced to minimize the visual impact of the school. There was testimony regarding the need to remove parking from Tract C. Also lighting was a critical issue neighbors were concerned about. There were also comments that the school needed to improve trash removal and clean -up of the grounds. A letter from Winston Associates was provided to the Planning and Environmental Commission by several Katsos Ranch neighbors that outlined their position on the project and recommendations for Tract C. July 22 "d 2002 Planning and Environmental Commission Meeting • The Planning and Environmental Commission asked that a pedestrian trail be created between the north parking lot and the school. • The Planning and Environmental Commission asked that a MOU be created to facilitate parking on the Booth Creek Trail Head for special events in the winter. • Planning and Environmental Commission asked that the bus stop be moved to the south side of the bus turn in. • Planning and Environmental Commission asked that the Soccer Field be moved further from the road. June 55TH 2002 Design Review Board Meeting • The Design Review Board was very supportive of the architectural form of the building. Specifically they liked the horizontal and vertical variation in the design. • The Design Review Board liked the contrast in the use of materials and that several roof materials would be considered. • The Design Review Board requested that the applicant look at sinking the gymnasium to reduce the height of this element to address concerns from adjacent property owners. • The Design Review Board expressed concern regarding any impact to the aspen stand on Tract C. • The Design review Board asked to see a very sensitive lighting ,plan. The Board asked that low level ballard lighting be used. • The Design Review Board asked the applicant to consider structured parking underneath the soccer field which could enable the parking to be reduced on Tract C. • The Design Review Board wanted to make sure that the applicant would have adequate landscaping. They were concerned that much of the landscaping was on Colorado Department of Transportation right -of -way and wanted to make sure that they could plant that material. • Design Review Board asked that a gate be considered for Tract C to prevent non school related traffic from parking in that lot. • Design Review Board asked whether a porte- cochere was needed for the entrance to the school. • The Board inquired whether there was adequate space for loading and delivery. • r—I L-A 10 VI. APPLICATION CRITERIA, FINDINGS, STAFF RECOMMENDATIONS, AND 0 CONDITIONS • A. AMENDMENT TO THE LAND USE PLAN FOR TRACT C 1) General Overview of the Plan The Town of Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purposes of the Land Use Plan are two- fold: • To articulate the land use goals of the Town. • To serve as a guide for decision making by the Town. The Town of Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. To be effective, the Land Use Plan must be updated to reflect current thinking and changing market conditions. The Town of Vail Land Use Plan can be amended in three ways: 1) The Community Development Department can update and revise the plan periodically. The Community Development Department then makes recommendations for the proposed changes to the Planning and Environmental Commission, where these changes would then be considered in a public hearing format. The Planning and Environmental Commission would then make a recommendation to the Town Council, where another public hearing would be held. The Council then adopts the changes by resolution. 2) The Planning and Environmental Commission or Town Council can also initiate amendments to the Land Use Plan. Again, both boards hold public hearings and the changes are adopted by the Town Council by resolution. 3) The private sector can also initiate amendments to the Vail Land Use Plan. Applications may be made by a registered voter, a property owner, or a property owner's authorized representative. The amendments are then heard by both the Planning and Environmental Commission and the Town Council. The Town Council then adopts the changes by resolution. ii 2) Land Use plan Desi nation Description for Tract C Current Land Use Plan designation for Tract C: Low Density Residential. This category includes single- family detached homes and two family dwelling units. Density of development within this category would typically not exceed 3 structures per buildable acre; however, all of the adjacent residential uses exceed 3 dwelling units per acre. Also within this area would be private recreation facilities such as tennis courts, swimming pools and clubhouses for the use of residents of the area. Institutional Jpubfic uses permitted would include churches, fire stations, and parks and open space related facilities. Proposed Land Use designation: PublicJSemi- Public (PSP): The Public and semi-public category includes schools, post office, water and sewer service and storage facilities, cemeteries, municipal facilities, and other public institutions, which are located throughout the community to serve the needs of residents. 3) Criteria for amending the Town of Vail Land Use Plan Any amendments to the Land Use Plan require a public process. Adjacent properties are notified, the Planning and Environmental Commission holds a public hearing and makes a recommendation to the Town Council on the proposal. The Town Council adopts the changes by resolution. Any changes to the Land Use Plan must address the following three criteria: 1. How conditions have changed since the plan was adopted? Physical conditions and the fundamental land use patterns of the neighborhood have not changed since the 1986 adoption of the plan. However, the Vail Mountain School is proposing to expand their program and physical space consistent with a development plan that was approved in 2000. Since the Land Use plan was adopted the need for employee housing has significantly increased with only a 1 % vacancy rate in the rental market in Vail. Employee housing is a critical need in the Town of Vail and any proposed use that generates new employees needs to provide a reasonable amount of housing for their employees. 2. How the plan is in error? The plan is not in error with respect to the land use designation. However, this land will be an integral component of the school's operation, and a Public /Semi Public land use designation will be more appropriate in the future and will facilitate a cohesive development plan for the community and the � 1 i..J school. 0 12 3. How the addition, deletion or change to the plan is in concert with the plan in general? Adjacent lands are designated Public/Semi Public to the west and Low Density Residential to the north. This designation allows for the creation of associated housing for the school which is similar to how housing located at Buzzard Park which supports the Town of Vail Public Works operation also with a Public/Semi Public designation. The Town of Vail Land Use Plan also states on page 8 of the plan that affordable employee housing should be made available through private efforts, assisted by limited incentives and additional employee housing needs should be accommodated at varied sites throughout the community." 4. Staff Recommendation The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the land use amendment in that it allows for uses consistent with adjacent land uses and the creation of a harmonious relationship with the adjacent residential and institutional uses and that this application meets the criteria mentioned above. B. REZONING OF LOTS 12, 11, AND TRACT C 1. Rezonin4 Criteria Before acting on an application for a zone district boundary amendment, the Planning & Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1) The extent to which the zone district amendment is consistent with all 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. Lots 11 and 12 have a Public/Semi Public Land Use Plan Designation. Rezoning Lot 11 and the northern area of Lot 12 will increase the conformance to the Vail Land Use Plan. With an amendment to the Land Use Plan for Tract C, the rezoning of Tract C to General Use zone district would be consistent with the Comprehensive Plan. The affordable housing on Tract C is an integral part of the school on Lot 12. 2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents. A school in a residential neighborhood is suitable and can work well together. Schools are typically located in residential areas.. The 13 school has been located on Lot 12 since 1980. There has been a relatively harmonious relationship between the school and the adjacent neighborhood. The location of school employee housing on 0 Tract C is also consistent with the adjacent neighborhood. Tract C currently has a zoning of Two Family Residential. With that zoning, the lot could be subdivided into three parcels and have approximately 15,000 square feet of gross residential floor area. The school is proposing 2 structures with 8 employee housing units for a grand total of 7,280 sq. ft. of gross residential floor area. 3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. The proposed rezoning of the entire area of Lot 12 as General Use creates a more workable relationship among land uses and corrects an error that occurred in 1979 when that land was improperly subdivided and conveyed to another owner. Lot 11 which is now owned by the Vail Mountain School should be rezoned to General Use since the use of the property will be a school. This lot has been surrounded by school land and this rezoning creates a more harmonious workable relationship with the Vail Mountain Schools development plans. Tract C will continue to have a residential use that is interconnected with the school. The proposed housing on Tract C in relationship with the circulation plan for the school will reduce traffic on Katsos Ranch Road. These rezonings essentially consolidate the land on and around the school into the same zone district (General Use) and creates a more workable relationship for the school's development plans and allows the impacts of the school to be effectively mitigated to the extent possible. 4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. By rezoning the northern area of Lots 12 and 11 to the General Use Zone District there is increased conformity to the Land Use Plan since the designation for this land is Public/Semi Public. With the amendment to the Land Use Plan for Tract C to Public /Semi Public and the development of housing on the site for the school that amendment will also serve the interests of the community as a whole by having an employer provide housing for a portion of the new employees that would be generated by the project. 5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features 14 An Environmental Impact Report was prepared for this proposal. No significant environmental impacts were identified in the report, There are existing trees that would be removed as the result of the project. Approximately 330 aspens and 40 evergreens. However, the landscape plan helps mitigate that impact. The applicant is proposing to add 445 deciduous trees and 250 evergreen trees to the site as part of the landscaping plan. 6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The purpose statement of the General Use Zone District is defined in Section 12 -9C -1, Vail Town Code, and reads as follows: "The general use district is intended to provide sites for public and quasi- public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in section 12 -1 -2 of this title and to provide for the public welfare. The General Use District is intended to ensure that public buildings and grounds and certain types of quasi - public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. (Ord, 21(1994) § A school is a public or quasi public use which does have special needs. The development plan process provided for in the General Use zone helps ensure that the proposed development is in harmony with the adjacent uses and that the potential impacts of the building are adequately mitigated. 7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. With regard to Lots 12 and 11, the proposed rezoning addresses an error that was made in 1979 when the northern portion of Lot 12 was conveyed to another owner. In addition, the school has surrounded Lot 11 making a residential development on that site difficult at best. With regard to Tract C, an increased need for employee housing has resulted in the last 20 years. It is now a matter of policy that when an employer generates new employees that they need to accommodate housing for a percentage of those new employees. Also employers are finding it necessary to provide employee housing to recruit high 15 quality employees. Therefore, staff believes that the eight proposed EHUs are an integral and necessary component of the school. 8) Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. 3. Necessary Findings: Before recommending and /or granting an approval of an application for a zone district boundary amendment.the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: 1) That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town. 2) That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 3) That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 4. Staff Recommendation 0 The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval for the rezoning of Lots 11 and 12, Block 2, Vail Village 12th and Tract C, Block 1, Vail Village 12� and that the proposed amendments are consistent with the criteria and findings described above. C. CONDITIONAL USE PERMIT(S) FOR DEVELOPMENT PLAN, EIGHT EHUs ON TRACT C, AND MAINTAINING THE MODULAR STRUCTURES ON THE SITE. Criteria for a Conditional Use Permit 1) Relationship and impact of the use on the development objectives of the Town. The Vail Land Use Plan applies a "Public/Semi-Public' land use designation on this property. This category includes uses such as schools, post office, water and sewer service and storage facilities, cemeteries, municipal facilities, and other institutions which are located throughout the community to serve the needs of residents. Staff believes this proposal is in compliance with all applicable objectives of the Vail Land Use Plan. Staff believes the proposal furthers the following specific goals: 40 16 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. 0 6.1 Services should keep pace with increased growth. With relationship to the conditional use permit for the temporary structures, Section 12 -9C-3, Vail Town Code allows for temporary structures subject to the issuance of a conditional use permit. The Vail Town Code requires the issuance of a conditional use permit for temporary structures, in part, to insure that adequate steps are taken to insure that the structure complies with the development objectives of the Town. The intent of allowing temporary structures is to accommodate those situations when a permanent structure is not appropriate or circumstances, such as duration of use, warrants a temporary structure. In the case of the Vail Mountain School, staff believes a temporary structure is warranted for a limited period of time to accommodate the immediate needs of the school while the school completes construction of the new facility. Staff believes the two -year request is appropriate. However, a request for an extension to the two -year timeframe should not be permitted. 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. Transportation — please refer to item 3 below. Schools — Planned improvements for the school would increase capacity to approximately 3019 students and provide affordable housing for teachers and 17 staff. Staff believes the proposal would have a significant positive impact on educational opportunities in the Vail Valley. 0 Parks and Recreation — Staff believes the proposed auditorium facility could be a valuable amenity to Vail residents if managed via a public/private partnership. The applicant has expressed a desire to provide opportunities for public events at the auditorium when school- related functions are not planned. The redevelopment of the soccer field will also provide recreational opportunities for the community. The requested conditional use permit for the temporary structures will have positive effects on the immediate needs of the school to meet growing demands. The temporary classrooms will allow the school to provide educational opportunities for up to 18 additional students. . 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. The applicant has completed a traffic impact assessment. This study concludes that traffic on Katsos Ranch Load will be reduced. Traffic on Booth Creels Road will not be increased significantly and the traffic consultant has concluded that additional turning lanes are not required. Adjacent fields and open space will provide more than the 30% of the parking area for snow storage. However, the applicant needs to identify snow storage for the EHU parking and the north parking lot. With the change in circulation of the parking area and with the eight EHUs on Tract C a net decrease in traffic will occur on Katsos Ranch Road. 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 proposed structures are larger than the 2000 development plan with approximately 87,300 square feet of gross floor area versus approximately 55,390 square feet of floor area approved in the 2000 master plan, which is nearly 58% increase in floor area. It is important to note that the Vail Mountain School has increase its land area from 6.1 acres to 9.18 acres. That is an approximately 50% increase in total lot area. The applicant is attempting to articulate the building to reduce the perceived bulk and mass of the building. However, this is still a large structure for this area of Vail. The proposed EHUs are compatible in scale with other adjacent uses. The total floor area of the EHUs is less than if the lot was fully developed for duplex development under the Two Family Residential Zone District. With regard to the conditional use permit for the temporary structures, staff believes that due to the exterior improvements of the structures, the location 18 of the structure on the school site, and the temporary nature of the building, 10 the temporary classroom will have minimal, if any negative impacts on the character of the area. 2. Findings for Conditional Use Permits The Planning & Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. 3. Staff Recommendations and Conditions The Department of Community Development recommends that the Planning 40 and Environmental Commission approve of the proposed conditional use permits, based upon the above mentioned criteria and findings referenced above, for • The Development Plan • S EHUs on Tract C • Continued use of modular trailers If the Planning and Environmental Commission chooses to approve of these conditional use permits, staff would recommend the following conditions: 1. The applicant shall provide the Town of Vail with an easement for the existing public bus stop at the southwest corner of the property prior to building permit submittal. 2. The applicant shall provide the Town of Vail with drainage easements in accordance with the proposed grading and drainage plans. These easements shall be recorded prior to the issuance of a temporary certificate of occupancy or certificate of occupancy for any proposed development on the site. 3. Prior to the issuance of a Temporary Certificate of Occupancy or a Certificate of Occupancy for any phase of the school, the applicant shall complete and receive a Certificate of Occupancy for the eight employee housing units constructed on Tract C except for the occupancy of the cabin. 19 4. All housing units on Tract C shall be deed - restricted as Type III employee housing units. These units must be constructed in conjunction with the approved development plan. required Type III deed - restrictions shall be recorded by the applicant with the Eagle County Clerk Recorder prior to the issuance of any temporary certificate of occupancy or certificate of occupancy for development of the school. The employee housing units shall comply with the minimum requirements for Type III employee housing regulations, as defined in Chapter 12, of the Vail Town Code. 5. The bicycle /pedestrian path shall be constructed by the applicant as per the approved development plan. Construction shall be completed prior to receiving a Temporary Certificate of Occupancy for the School. An easement shall be provided to the Town of Vail by the applicant for the bike /pedestrian path prior to the issuance of a building permit. 6. A cash deposit shall be submitted to the Town of Vail by the applicant prior to the issuance of any building permits for 104% of the value of creating a bike path/pedestrian trail for the entire length of Tract C, Block 1, Vail Village 12 Filling of the same quality and width as the path specified in condition number 5 above and more specifically described in the Development Plan. 7. Approval of the conditional use permit for the development plan is conditioned upon the rezoning of Lots 12 and 11, Block 2, Vail Village 12th Filing to the General Use District and approval of a final plat. 8. The conditional use permit for the modular structures shall be null and void two years from the approval of the conditional use permit for the two modular structures. This conditional use permit is valid only for the current number and location of the existing modular structures as of the date of this approval. 9. The Vail Mountain School shall not use any public right of way for parking. 14. A debris flow berm should be designed and constructed prior the location of the cabin on the northern portion of lot 12. A qualified engineer or geologist shall conclude in a written letter to the Community Development Department that the berm will adequately protect the cabin from a debris flow with out adversely impacting private or public property. 11. The applicant shall verify with a qualified lighting expert that luminance for all types of exterior lighting do not exceed 125. The applicant shall submit a report to the Town that the lighting complies with the Town's development standards, prior to the issuance of a Temporary Certificate of Occupancy. 20 12. The applicant shall submit revised development plans to the Town is identifying adequate snow storage for the north parking area and the parking area for Tract C prior to the issuance of final Design Review Board approval. 0 D. Hazard Plan Amendment: 1. Criteria for Hazard Amendment Specific criteria for amending the Master Hazard Plans are not provided in the code. However, the purpose statement of Chapter 12 -21 and provisions for providing mitigation for development specified in Section 12- 21- 15 -C.1 of the Vail Town Code do provide criteria for a decision to amend the hazard master plan. The following are the recommended criteria for making an amendment to the hazard plans: 1) That the mitigation supports the purpose statement of section 12 -21 which states in part "The purpose of this Chapter is to help protect the inhabitants of the Town from dangers relating to development of flood plains, avalanche paths, steep slopes and geologically sensitive areas...." Based on the review of the mitigation by qualified professionals the mitigation will help protect the inhabitants of the Town from dangers relating to geologically sensitive areas. 2) That the corrective engineering or engineered construction or other mitigation or alternations can be accomplished to reduce the danger to the public health and safety to property to a reasonable level. Based on the engineering design of the rockfall berm and the review of the construction by qualified engineers, staff believes that the rockfall hazard is reasonably mitigated. Dr Bruce Collins a qualified geologist has concluded that the mitigation will be effective in protecting the northeastern portion of Lot 12 and Tract C. 3) Such mitigation does not increase the hazard to other property or structures or to public buildings, roads, streets, rights of way, easements, utilities or facilities. Based on reliable engineering input the mitigation will not impact other property or structures, or public buildings, roads, streets, rights of way, easements, utilities or facilities. 4) The applicant must establish by clear and convincing evidence that the information contained in the site specific geological investigation is reliable. 21 The rockfall berm has been reviewed by a qualified geologist and Bruce E Collins has concluded that the mitigation will effectively protect Lot 12 and Tract C. 2. Staff Recommendation: The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Town Council of an amendment to the Rockfall Hazard Map to show approved mitigation on Lot 12, Block 2, Vail Village 12th Pilling and Tract C, Block 1, Vail Village 12th Filing. E. MAJOR SUBDIVISION 1. General Overview of a Maior Subdivision Title 13, Subdivision Regulations, of the Vail Town Code establishes the review process and criteria for a major subdivision proposed in the Town of Vail. Pursuant to Chapter 13 -3 (Major Subdivision) of the Town Code, the first step in the review process is for the applicant to meet with a Town Planner to discuss the preliminary plan. Staff has met with the applicant on several occasions to discuss the proposal and address submittal requirements. Staff feels the applicant has successfully complied with the initial step in the review process. The Town of Vail is required to notify the following agencies that a major subdivision is proposed and that preliminary plans are available for review: 0 a. Department of Public Works. b. Town Fire Department. C. Town Police Department. d. Public Service Company of Colorado. e. Holy Cross Electric Association. f. U.S. West g. Cablevision company serving the area. h. National Forest Service. L Eagle River Water and Sanitation District. j. Vail Recreation District. k. Eagle County Ambulance District. I. Other interested agencies when applicable. The next step in the review process shall be a formal consideration of the preliminary plan by the Town of Vail Planning and Environmental Commission. The applicant shall make a presentation to the Planning and Environmental Commission at a regularly scheduled meeting. The presentation and public hearing shall be in accordance with Section 12 -3 -6 of the Vail Town Code. The applicant's appearance before the Planning and Environmental Commission today shall serve to meet the public hearing and presentation requirement. 0 22 The burden of proof that the application is in compliance with the intent and Is purposes of the Zoning Code and other pertinent regulations shall lie upon the applicant. In reviewing the preliminary plan, the Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to: 1. Subdivision Control; 2. Densities proposed; 3. Regulations; 4. Ordinances, resolutions and other applicable documents; 5. Environmental Integrity; 6. Compatibility with surrounding land uses; and 7. Effects upon the aesthetics of the Town and surrounding land uses. The Planning and Environmental Commission shall have twenty -one days from the date of the review of the preliminary plan to approve, disapprove or approve with conditions or modifications, the major subdivision request. 'Within ten days of making a decision on the request, the staff shall forward the Planning and Environmental Commission's decision to the Vail Town Council. The Council may appeal the Planning and Environmental Commission's action. The appeal must be placed within seventeen days of Planning and Environmental Commission's action. If the Council appeals the Planning and Environmental Commission's action, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission public hearing. The Council shall have thirty days to affirm, reverse, or affirm with modifications the Planning and Environmental Commission decision. The appeal hearing shall be held during a regularly scheduled council meeting. The final step in the review process of a major subdivision request, after Planning and Environmental Commission preliminary plan review, is the review of the final plat. At any time within one year after the Planning and Environmental Commission has taken action on the preliminary plan, a final plat shall be submitted to the Town of Vail Community Development Department. The staff shall schedule a final review of the final plat. The final review shall occur at a regularly scheduled Planning and Environmental Commission public hearing. The review criteria for a final plat are the same as those used in reviewing the preliminary plan as contained in Section 13 -3- 4 of the Subdivision Regulations. The Town of Vail has the ability to require certain improvements when approving a major subdivision. The following improvements shall be required by the applicant unless. otherwise waived by the zoning administrator, Planning and Environmental Commission, or Council: 1. Paved streets and parking lots; 2. Bicycle and pedestrian path linked with the town system and within the subdivision itself; 3. Traffic control signs, signals or devices; 23 4. Street lights; 5. Landscaping; 6. Water lines and fire hydrants; 7. Sanitary sewer lines; 8. Storm drainage improvements and storm sewers; 9. Bridges and culverts; 10. Electric lines; 11. Telephone lines; 12. Natural gas lines; 13. Other improvements not specifically mentioned above but found necessary by the Town Engineer due to the nature of the subdivision. 2. Criteria for Review Section 13 -3 of the Town of Vail Code provides the criteria by which a proposed major subdivision is to be reviewed. Section 13 -3-4: Commission Review of Application; Criteria states: The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13 -3-3C above. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. 1) Subdivision Control There are two lots being platted as part of this major subdivision request: Lot Zoning_ Lot Size Frontage Lot 12 General 347,826 sq ft. 950 ft on Use the Frontage Rd. /680 ft on Booth Creek Rd. Tract C General 52,010 sq ft 360 ft on Use Frontage Rd • 24 Z) Densities Proposed Density does not apply to EHUs or a school 3) Regulations Both lots 11, 12, and Tract C are proposed to be zoned General Use. The General Use District requires an approved development plan in conjunction with development on the site. The rezoning is contingent on the Planning and Environmental Commission's approval of the development plan. 4) Ordinances, resolutions and other applicable documents In reviewing this proposal, staff relied upon the Town Code and the Vail Land Use Plan. The issues relating to the Town Code have been addressed previously. 5) Environmental Integrity The Vail Mountain School does have a rock fall hazard and a medium severity debris flow on the northwest corner of the site. The rockfall hazard has been mitigated by the existing rockfall berm. A qualified geologist has concluded that the berm does mitigate the rockfall hazard on all areas of Tract C and Lot 12. The geologist, Dr. Collins, also recommends the construction of a debris flow berm on the northwest corner of the site. A condition of approval is recommended above to ensure this occurs if the cabin is located in the northwest comer of the site. 6) Compatibility with other adjacent Land Uses Compatibility with adjacent land uses is described above. The Vail Mountain School has been located on the site since 1979 and has operated harmoniously with the neighborhood. The eight EHUs are consistent in bulk and mass with other adjacent residential uses. In fact their total floor area is less than would be allowed under the current Two Family Residential zoning. 7) Effects Upon the Aesthetics of the Town and Surrounding Land Uses The Vail Mountain School and the eight EHUs will need to comply with all applicable Design Review Board guidelines. There are existing trees that would be removed as the result of the project. Approximately 330 aspens and 40 evergreens. However, the landscape plan helps mitigate that impact. The applicant is proposing to add 445 deciduous trees and 250 evergreen trees to the site as part of the landscaping plan. 25 3. Findings. The following findings are used for a Major Subdivision: That the application is in compliance with the intent and purposes of the Major Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. 4. Staff Recommendation The Community Development Department recommends that the Planning and Environmental Commission approve the preliminary plat for Vail Mountain School Subdivision, a resubdivision of Lots 11, 12, Tract C, and Katsos Ranch Road, Vail Village 12th Filing based upon the criteria evaluated in mentioned above in this memorandum. The recommendation of approval includes the findings mentioned above. In addition to the findings above, staff recommends the following conditions: 0 1) Within one year of the Planning and Environmental Commission's approval, the applicant shall submit a final plat to the Department of Community Development for review by the Planning and Environmental Commission. 2) Prior to submitting a final plat the applicant shall address all comments of the reviewing agencies to the satisfaction of the said agencies. Any comments shall be incorporated into the final plat. Vt. ZONING ANALYSIS Vail Mountain School is located in the General Use Zone District. Pursuant to the Town of Vail Zoning Regulations, the purpose of the General Use Zone District is to: provide sites for public and quasi - public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in Section 12 -1 -2 of this Title and to provide for the public welfare. The General Use District is intended to ensure that public buildings and grounds and certain types of quasi - public uses permitted in the District are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. (Ord. 21(1994) § 10). 26 aSections 12 -9C -2 and 12 -9C -3 of the Vail Town Code outline the permitted and conditional uses allowed in the General Use Zone District. Public and private schools and educational institutions are a conditional use in the General Use Zone District subject to the issuance of a conditional use permit. The Agriculture Open Space zone District is outlined in 12 -8A of the Town Code and the Two Family Residential District is in section 12 -6C. a► 0 • 27 Zoning Analysis Lot 12 and Lot 11 Zoning: General Use *A/l development standards in the GU zone district are prescribed by the Planning and Environmental Commission Lot Size: 7.98 acres (Lot 12 S) or 347,826 sq. ft. Lot 12S &Lot 11 E=xisting 2000 � 2002 Pr posed [Density: n/a n/a n/a Setbacks: Cabin Side /Booth Ck Rd n/a n/a 25' Side /East n/a n/a 162' Front/north n/a n/a 135' School Side /Katsos: 90' 24' 20' Frontage Rd: 76' 76' 25" Side: Booth Creek 358' 358' 370' Rear. 23' 20' 20' Height: 27' 36' 41' Parking: 85 116 100 Site Coverage: 22,027 sf (8.26%) 14.1% 16 %/55,804 sq. ft. Landscape 71%/246296 sq ft Cover Snow Storage 31% for main parking No defined storage for other parking Floor Area: 20,488 sf 55,390 87,383 Students 261 330 320 Faculty 43 48 48 28 C� 0 fr 1 U Tract C Zoning: Two Family Residential / Proposed zoning is General Use Lot Size: 1.194 acres or 52,010 square feet Existing (allowed TFR) 2002 Proposed Density: 21site Not counted towards density (potential for 3 lots) 6.7 units /acre (Total = 8 EHUs) Setbacks: Side: East 15' 138' Side: West 15' 30' Rear: North 20' 25' Front: South 20' 65' Height: 33' 33' Parking: 2.5 /unit 16 Site Coverage: 20% 9% 14,859 sq ft. Landscape 76 %/39,692 Area Floor Area: 7385/1 lot 8,478 (EHUs excluded from GRFA) 11,25013 lots of 15,000 total sq ft. 29 Summary of Entire Proiect Total Area: 9.18 Acres or 399,837 sq ft. Existing 2000 Approval Proposed Plan Density: n/a 8 EHU's = 4 d.u.'s 8 EHU's = 4 d.u.'s Setbacks: Main School Building5etbacks: Cabin Side /Booth Ck Rd n/a n/a 25' Side /East n/a n/a 162' Front/north n/a n/a 135' School Side /Katsos: 90' 24' 20' Frontage Rd: 76' 76' 25" Side: Booth Creek 358' 358' 370' Rear: 23' 20' 20' Faculty Housing Side: East P 138' Side: West 30' Rear: North 25' Front: South 65' Height: 27' 36' 36' - 42' Parking: 85 spaces 116 spaces 116 + 20 for events Site Coverage: 22,027 sf (8.26 %) 37,469 sf (14.1 %) 60,663 sf (15 %)* GRFA: n/a 4,800 square feet n/a Total school 31,990 sf 55,390 sf 95,861 sf Floor Area: 30 0 b N � aa' a �o 9 mx a n H 0 z a r z z z r eannapxeatspe av �esr a�sr Di "fire p M 1 %� 1 `Z E 111g, a5 I a y 11RH y F. tiff $ YkiFs f fi]1S19t k ti "Y I 41 if fill ..UH1 i E i I I c • • 0 ca I A IFls MWB" fill fill EEC VAIL MOUNTAIN SCHOOL I � P Ag; W., -.1p. -4 A- - V'g MWB" fill fill EEC VAIL MOUNTAIN SCHOOL I � P Ag; W., -4 A- - V'g MWB" fill fill EEC VAIL MOUNTAIN SCHOOL I � P Ag; W., -4 A- - RW MWB" fill fill EEC VAIL MOUNTAIN SCHOOL I � P I _ , 1 _ ♦ dt i L � I . j.' 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PLANNING and COMMUNITY DMI-OPMENT August 6, 2002 Planning and Environmental Commission And Russell Forrest, AI:CP Director of Community Development Town of Vail 75 S. Frontage Road Vail, CO 81657 Re: August 22 hearing for Vail Mountain School Project, Vail, Colorado Dear Planning Commission Members: Thank you again for your insightful comments on the Vail Mountain School project. We appreciated the opportunity to review with you our progress on the project at your last meeting. We are requesting a final review of the project at the August 12 hearing and believe that we have addressed all of the issues raised by the PEC and the neighbors. The revised plans that have been submitted address the specific comments raised at the July 22 hearing. Below is a list of the comments and how we have addressed them: • Rotate or pivot the soccer field to provide increased separation of the northwest corner of the field to Boothfalls Road. o The plans were revised to provide this separation and provide a landscape berm between the soccer field and Boothfalls Road. • Move the bus stop to the west side of the bus stop loop. o The bus stop has been relocated to the west side of the bus stop loop. Provide a direct pedestrian connection from the bus stop to the school and provide a raised crosswalk within the parking area. o A direct pedestrian connection and raised crosswalk have been provided. Edwards Village Center, Suite C -209 Ph. - 970.926.7575 0105 Edwards Village Boulevard Fax - 970.926.7576 Post Office Box 2658 w4wv,br-aunassociates.com Edwards, Colorado 81632 0 • • Provide a painted crosswalk at the entrance on BoothfalIs Road to allow pedestrians the ability to cross. o A crosswalk has been provided in addition to sidewalk connections to the bus stop area. • Provide a paved path from the cabin area to the school. o A paved path has been provided. • Add a statement in the parking management plan that the school will pursue an agreement with the Town of Vail to utilize the Boothfalls trailhead parking area for overflow parking during special events. o This language has been added to the Special Event Parking Management Plan (attached).. We believe that we have addressed your final comments on the project and hope that you will approve/recommend approval of all of our applications. Thank you again for your help on this project. in el Domiru F. Mauriello., AICP 0 2 Vail Mountain School Special Event Parking Management Plan "ONIN August 8, 2002 • 0 0 Vail Mountain School Special Event Par'kang Management Plan August 12, 2002 I. Purpose The purpose of this Special 'Event Parking Management Plan (here after, "Plan ") 15 to regulate how parking is controlled during special events at the Vail Mountain School (VMS) campus. The school will utilize this Plan when planning special events or when working with community groups desiring to use the school's facilities. This Plan is intended to be a guide. Additional parking 50lution5 may be developed by the school working in concert with the Town of Vail. II. Special Events The proposed school facilities have been designed to address the typical programmatic needs of the Vail Mountain School. The parking provided on the site will meet the day -to -day needs of the school. Additionally, the I I G parking spaces provided on -site exceed the Town's parking requirement for a 400 -5eat auditorium. The Town's parking requirement of I parking per 120 sq. ft. of seating floor area generates a need for 30 parking spaces (3,500 sq. ft. seating area). However, VMS understands that certain rare events may exceed the Town's parking calculation and the number of standard spaces provided on- site.. VMS will from time -to -time have events in the auditorium or within the athletic facilities that may generate parking demand beyond the normal capacity of the designated parking areas. In these rare circumstances ,alternative parking scenarios and modes of transportation will need to be utilized. VMS, on a case -by -case basis, may allow other community groups to utilize its facilities. These community events may require special provisions for parking depending on the number of participants and the type of event planned. Parking Alternatives During special events VM5 may employ (or require of others utilizing the school facilities) the following parking management techniques in order to reduce parking impacts to the neighborhood and the Town's street network. One or a combination of the following techniques may be utilized. A parking plan is attached to this plan. 2 • Encourage u5er5 to utilize the Town of Vail bus 5y5tem. The Town'5 101 bu5 5top 15 located on the property and i5 proximate to the 5chool'5 facilities. VM5 will use notices, letters, or flyer5 to indicate that the Town's bu5 5y5tem 15 available and encourage participants to take the bu5 to and from the campus. • Requirelencourage the use of private 5huttle5 to deliver u5er5 to the property from other remote public parking areas. These public parking area5 may Include the ODOT parking area located at the east Vail Interchange, Booth Falls Trailhead parking area, Ford Park parking area5, the Vail Village parking 5tructure, and the LlonShead Parking 5tructure. Any u5e of the Town's parking facilities will require coordination with the Town of Vail. • Employ the 5ervice5 of a parking valet to u5e the on -Site parking area5 a5 efficiently a5 p05561e. With valet 5ervice approximately 20 additional cars that can be accommodated within the de5ignated parking area5. • Encourage carpooling by users and participants. The 5chool will notify guest and u5er5 that parking 15 limited on the property for special event5 and will encourage them to ride together. 0 • The Vail Mountain 5chool will pursue an agreement with the Town to allow overflow parking during special events on the 500thfa115 Trail Head parking area in exchange for the use of VM5 parking for the Town's overflow in the Summer months. IV. Parking Restrictions Parking on Booth I+all5 Road, Kat505 Ranch Road, and the North Frontage Road wsll not be endor5ed or encouraged by VM5. VM5, through notice5 to parents, participant5, and u5er5, Shall Indicate that parking 15 prohibited on Booth ffa115 Road, Kat505 Ranch Road, and the North Frontage Road. VM5 will work with the Town of Vail and code enforcement to ensure that u5er5 of the 5chool facilities do not park on these neighborhood 5treet5. 3 Attachment: F STATE niF COLO&ADO DEPARTMENT OF TRANSPORTATION Traffic & Safety Section i; T 222 South 6"' Street Room 100 Grand Junction, Colorado 81501 (570) 248 -7230 March 19, 2003 Town of Vail Attn: Greg Hall, Public Works Director 75 S. Frontage Road West Vail, Co. 81657 Re: Booth Falls Road and 1 -70 Frontage Road Dear Mr. Hall I am writing to you in regards to Booth Falls Road and the impact it has created at North Frontage Road in the Town of Vail. Based upon the Vail Mountain School Project Traffic Impact Study provided by Fox Higgins Transportation Group, dated May 9, 2002, indicates 45/55 a.m./ p.m. hourly left -turns volumes and 95/50 a.m./ p.m. hourly right -turn volumes. Based upon the 1998 State Access Code (2 4- CCR 601 -1) Section 3.11 (4): both the left-turn and right -turn deceleration warrants have been met on Booth Fall Road and I -70 Frontage. Our records indicate Booth Fall Road is a city street. At this time, our office has not received an access application for Booth Fall Road for the • necessary safety improvements needed at the intersection. Please forward the Colorado Department of Transportation an access permit for the improvements at the Booth Fall Road intersection. I appreciate your promptness on this matter. If I can be of any further assistance, please feel free to contact me at the office listed above. Sincerely, a azo Dan Roussin Region 3 Unit Permit Manager Daniel.Roussin @dot.state.co.us Cc: Jim Nall, CDOT file Page 1 of 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 14, 2003 SUBJECT: A request for a final review of a proposed major exterior alteration, pursuant to Section 12- 7A -12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a fractional fee club; a request for a final review of a proposed flood plain modification to the Core Creek flood plain boundary; a recommendation to the Vail Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village V" Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George RutherlWarren Campbell I. SUMMARY The applicant, Sonnenalp Properties, Inc., represented by Braun Associates, Inc. has submitted six development review applications to the Town of Vail Community Development Department to facilitate the redevelopment of the Swiss Chalet and construction a new hotel addition onto the Sonnenalp. The staff, applicant and adjacent property owners have worked together over the last several months to seek resolution to a number of complex issues (i.e., access). On numerous occasions revisions were made to the proposed plans in response to the input the applicant has received. Staff supports the proposed project and accompanying development review applications. We remain concerned that the combination of the landscape variance, setback deviation, and the configuration of the guest drop -off and loading /delivery facility creates a very challenging set of circumstances. Generally speaking, to resolve one issue (i.e., setback deviation) negatively impacts another (i.e., configuration of the guest drop -off) and so on and so forth. Staff believes that additional design consideration is needed before the proposed project receives final approval. However, staff recommends that the Planning and Environmental Commission conditionally approve the proposal and instruct the applicant to continue to work through the few remaining issues and return to the Planning and Environmental Commission at a future date. The staff's review of the applicable criteria is outlined in Section VIII of this memorandum. The proposed conditions of approval are described in Section IX of this memorandum. 0 II. DESCRIPTION OF REQUEST The applicant, Sonnenalp Properties, Inc., represented by Braun Associates, inc., is requesting a final review of a proposed major exterior alteration, pursuant to Section 12- 7A -12, Vail Town Code, to allow for the redevelopment of the Swiss Chalet and a new hotel addition to the Bavaria Haus; a request for a final review of a conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a fractional fee club in the Swiss Chalet; a request for a final review of a proposed flood plain modification to the Gore Creek flood plain boundary; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement; and a recommendation to the Vail Town Council of a text amendment to Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive/Lots K & L, Block 5E, Vail Village 1sE Filing. A vicinity map depicting the site and surrounding area is attached for reference (attachment A). The key components of the applications include: • Expansion and upgrading of one of Vail's Public Accommodation zoned properties; • Improved live -bed base added to the existing lodging inventory; • Addition of retail square footage along a portion of East Meadow Drive; • Construction of recommended streetscape improvements on East Meadow Drive; • Elimination of a portion of existing surface parking and the provision of a new underground parking structure and loading area; and • Provision of employee housing within the Town of Vail. A more complete description of the applicant's request and justifications for approval are outlined in the letter entitled °`Sonnenalp Resort of Vail, Applications for major exterior alteration, conditional use permit, design review and variance," dated March 24, 2003, and has been attached for reference (attachment B) along with a reduced copy of the proposed plans, dated April 14, 2003 (attachment C). III. BACKGROUND On September 23, 2002, the applicant appeared before the Town of Vail Planning and Environmental Commission for a worksession meeting. The purpose of this meeting was to allow the applicant an opportunity to present the proposed plans to the Planning and Environmental Commission and to provide the applicant, public, staff, and the Commission an opportunity to begin identifying issues for discussion at future meetings. As the meeting was a worksession, the Commission was not asked to take any formal positions on this application at that time. As such, staff did not provide a formal recommendation on the application. A copy of the meeting minutes have been attached for reference (attachment D). 2 On October 11, 2002, the Community Development Department, informed the applicant's representatives that, pursuant to the Town's application submittal requirements for a major exterior alteration, a design consultant would be retained, at the applicant's expense, to aid and assist in the review of the proposed Sonnenalp, Swiss Chalet, Talisman redevelopment application. The Community Development Department selected Jeff Winston of Winston & Associates, Inc. to assist in the review of the proposal. The design consultant reviewed the proposed plans for compliance with the Town's applicable planning documents and land use regulations. A report of the consultant's findings was forwarded to the applicant and the Commission to be used throughout the development review process for this application. On January 13, 2003, the applicant appeared before the Town of Vail Planning and Environmental Commission for a worksession to discuss the proposed redevelopment plans. The purpose of the worksession was to allow the applicant an opportunity to present the proposed revised plans to the Planning and Environmental Commission and to provide the applicant, public, staff and the Commission an opportunity to identify issues for discussion at a future meeting. A copy of the approved Planning and Environmental Commission worksession meeting minutes have been attached for reference (attachment E). IV. ROLES OF THE REVIEWING BOARDS Major Exterior Alteration (PA) Order of Review. Generally, applications will be reviewed first by the PEC for impacts of use /development and then by the DRB for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The PEC is responsible for final approvalidenial of a Major Exterior Alteration. The PEC shall review the proposal for: - 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 - Compliance with the goals and requirements of the Vail Comprehensive Plan Design Review Board: Action: The DRB has NO review authority on a Major Exterior Alteration, but must review any accompanying DRB application. The DRB is responsible for evaluating the proposal for: - Architectural compatibility with other structures, the land and surroundings Fitting buildings into landscape Configuration of building and grading of a site which respects the topography - Removal /Preservation of trees and native vegetation Adequate provision for snow storage on -site Acceptability of building materials and colors Acceptability of roof elements, eaves, overhangs, and other building forms - Provision of landscape and drainage Provision of fencing, walls, and accessory structures Circulation and access to a site including parking, and site distances Location and design of satellite dishes Provision of outdoor lighting Compliance with the architectural design guidelines of the flail Comprehensive Plan 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. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: 40 Actions of DRB or PEC may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Variance Order of Review: Generally, applications will be reviewed first by the PEC for impacts of the proposed variance and then by the DRB for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The PEC is responsible for final approval/denial of a variance. The PEC is responsible for evaluating a proposal for: 1. The relationship of the requested variance to ether existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Design Review Board: Action: The DRB has NO review authority on a variance, but must review any accompanying DRB application The DRB is responsible for evaluating the DRB proposal for: Architectural compatibility with other structures, the land and surroundings Fitting buildings into landscape Configuration of building and grading of a site which respects the topography - Removal/ Preservation of trees and native vegetation Adequate provision for snow storage on -site - Acceptability of building materials and colors - Acceptability of roof elements, eaves, overhangs, and other building forms - Provision of landscape and drainage - Provision of fencing, walls, and accessory structures - Circulation and access to a site including parking, and site distances - Location and design of satellite dishes Provision of outdoor lighting The design of parks 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. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of DRB or PEC may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEG or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Code Text Amendment Order of Review: Generally, applications will be reviewed first by the PEG for compatibility with Vail Comprehensive Plans and then by the Town Council for approval and adoption Planninci and Environmental Commission: Action: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal based on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Design Review Board: Action: The Design Review Board has no review authority on code amendments. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides analyses and recommendations to the Planning and Environmental Commission and Town Council on any text proposal. Town Council: The Town Council is responsible for final approval /denial on code amendments. The Town Council shall review and approve the proposal based on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Conditional Use Permit (CUP) 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. Planninq and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval /denial of CUP. The Planning and Environmental Commission shall review the request for compliance with the adopted conditional use permit criteria and make findings of fact with regard to the project's compliance. Design Review Board: Action: The Design Review Board has no review authority on a CUP, but must review any accompanying Design Review Beard application. 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. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town 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. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations 12 -7A -1: PURPOSE; PUBLIC ACCOMMODATION (PA) DISTRICT The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial /retail and related visitor oriented uses as may appropriately be located within the same district and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the district. (Ord. 23(1999) § 1: Ord. 30(1977) § 7: Ord. 8 (1973) § 7.100) Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two -fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. The Vail Land Use Plan contains the following goals: 1.0 General Growth /Development 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. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 7 1.5 Commercial strip development of the Valley should be avoided. • 1.6 Development proposals on the hillsides should be evaluated on a case by case basis_ Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if: a) Community objectives are met as articulated in the Comprehensive Plan. b) The parcel is adjacent to the Town boundaries, with good access. C) The affected neighborhood can be involved in the decision - making process. 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. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.11 Town owned lands shall not be sold to a private entity, long term leased to a private entity or converted to a private use without a public hearing process. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 171 E 0 2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 2.5 The community should improve non -skier recreational options to improve year -round tourism. 2.6 An additional golf course is needed. The Town should work with the down valley communities to develop a public golf course as well as other sports facilities to serve the regional demand for recreational facilities. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 2.8 Day skiers need for parking and access should be accommodated through creative solutions such as: a) Increased busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. C) Continuing to provide temporary surface parking. d) Addition of structured parking. 3.0 Commercial is 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More nighttime businesses, on -going events and sanctioned "street happenings" should be encouraged. 4.0 Village Core / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. W 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 4.4 The connection between the Village Core and Lionshead should be enhanced through: a) Installation of a new type of people mover. b) Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or sculpture plaza. C) New development should be controlled to limit commercial uses. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist.. 5.2 Quality time -share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 0 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Village Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision - making in achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. The Vail Village Master Plan's objectives and policy statements address key issues relative to growth and development. These statements establish much of the context within which future development proposals are evaluated. In implementing the Plan, the objectives and policies are used in conjunction with a number of graphic planning elements that together comprise this Plan. While the objectives and policies establish a general framework, the graphic plans provide more specific direction regarding public improvements or development potential on a particular piece of property. The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. The most significant elements of the Master Plan are the goals, objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. As noted on page 35 of the Master Plan, "7t is important to note that the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan. " Staff believes this statement re- emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that full compliance is not required in order for a project to be approved. The stated goals of the Vail Village Master Plan are: Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Objective 1.3: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. Goal #2 To foster a strong tourist industry and promote year -round economic health and viability for the Village and for the community as a whole.. Is Objective 2.3: Increase the number of residential units available for short term overnight accommodations. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Objective 2.6: Encourage the development of affordable housing units through the efforts of the private sector. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Objective 3.2: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. Objective 3.4: Develop additional sidewalks, pedestrian -only walkways and accessible green space areas, including pocket parks and stream access. Goal #4 To preserve existing open space areas and expand green space opportunities. Objective 4.1: Improve existing open space areas and create new plazas with greenspaces and pocket parks. Recognize the different roles of each type pf open space in forming the overall fabric of the Village. Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. Objective 5.1: Meet parking demands with public and private parking facilities. Goal #6 To insure the continued improvement of the vital operational elements of the Village. Objective 6.1: Provide service and delivery facilities for existing and new development. • 12 Objective 6.2: Provide for the safe and efficient functions of fire, police and public utilities within the context of an aesthetically pleasing resort setting. Vail Village Urban Design Guide Plan This Guide Plan represents collective ideas about functional and aesthetic objectives for Vail Village. Diagrammatic in nature, the Guide Plan is intended to suggest the nature of improvements desired. It is based on a number of urban design criteria determined to be appropriate for guiding change in the Vail Village. The Guide plan is intended to be a guide for current planning in both the public and private sectors. Vail Village Design Considerations The Town of Vail adopted the Vail Village Design Considerations in 1980. The Design Considerations were revised in 1993. The Design Considerations are considered an integral part of the Vail Village Urban Design Plan. The Design Considerations are intended to: guide growth and change in ways that will enhance and preserve the essential qualities of the Village; and serve as design guidelines instead of rigid rules of development; and help influence the form and design of buildings. The Vail Village Design Considerations are divided into two categories (urban design considerations and architectural /landscape considerations): 1. URBAN DESIGN CONSIDERATIONS These considerations relate to general, large -scale land use planning issues, as well as form considerations which affect more than one property or even whole areas. These considerations are primarily the purview of the Planning and Environmental Commission. A. PEDESTRIANIZATION A major objective for Vail Village is to encourage pedestrian circulation through an interconnected network of safe, pleasant pedestrian ways. Many of the improvements recognized in the Urban Design Guide Plans, and accompanying Design Considerations, are to reinforce and expand the quality of pedestrian walkways throughout the Village. Since vehicular traffic cannot be removed from certain streets (bus routes, delivery access), a totally care -free pedestrian system is not achievable throughout the entire Village. Therefore, several levels of pedestrian ization have been identified. 0 B. VEHICLE PENETRATION 13 To maximize to the extent possible, all non - resident traffic should be routed along the Frontage Road to Vail Village /Lionshead Parking Structures. In conjunction with pedestrian ization objectives, major emphasis is focused upon reducing auto penetration into the center of the Village. Vail Road and Vail Valley Drive will continue to serve as major routes for service and resident access to the Village. Road constrictions, traffic circles, signage, and other measures are indicated in the Guide Plans to visually and physically discourage all but essential vehicle penetration upon the Frontage Road. Alternative access points and private parking relocation, where feasible, should be considered to further reduce traffic conflicts in the Village. G. STREETSCAPE FRAMEWORK To improve the quality of the walking experience and give continuity to the pedestrian ways, as a continuous system, two general types of improvements adjacent to the walkways are considered: 1. Open space and landscaping, berms, grass, flowers and tree planting as a soft, colorful framework linkage along pedestrian routes; and plazas and park greenspaces as open nodes and focal points along those routes. 2. Infill commercial storefronts, expansion of existing buildings, or new infill development to create new commercial activity generators to give streetlife and visual interest, as attractions at key locations along pedestrian routes. It is not intended to enclose all Village streets with buildings as in the core areas. Nor is it desirable to leave pedestrian streets in the open in somewhat undefined condition evident in many other areas of Vail. Rather, it is desired to have a variety of open and enclosed spaces, both built and landscaped, which create a strong framework for pedestrian walks, as well as visual interest and activity. D. STREET ENCLOSURE While building facade heights should not be uniform from building to building, they should provide a "comfortable" enclosure for the street. Pedestrian streets are outdoor rooms, whose walls are formed by the buildings. The shape and feel of these "rooms" are created by the variety of heights and massing (3- dimensional variations), which give much of the visual interest and pedestrian scale unique to Vail. Very general rules, about the perception of exterior spaces have been developed by designers, based on the characteristics of human vision. They suggest that: "an external enclosure is most comfortable when its walls are approximately 112 as high as the width of the space enclosed; if 14 the ratio falls to the height is g canyon ". 114 or less, the space seems unenclosed; and if eater than the width it comes to resemble a In actual application, facades are seldom uniform in height on both sides of the street, nor is this desired. Thus, some latitude is appropriate in the application of this 112 to 1 ratio. Using the average facade height on both sides will generally still be a guide to the comfortableness of the enclosure being created. In some instances, the "canyon" effect is acceptable and even desirable. For example, as a short connecting linkage between larger spaces, to give variety to the walking experience. For sun /shade reasons it is often advantageous to orient any longer segments in a north /south direction. Long canyon streets in an east/west direction should generally be discouraged. When exceptions to the general height criteria occur, special consideration should be given to create a well- defined ground floor pedestrian emphasis to overcome the "canyon" effect. Canopies, awnings, arcades and building extensions can all create a pedestrian focus and divert attention from the upper building heights and "canyon" effect. E. STREET EDGE Buildings in the Village core should form a strong but irregular edge to the street. Unlike many American towns, there are no standard setback requirements for buildings in Vail Village. Consistent with the desire for intimate pedestrian scale, placement of portions of a building at or near the property line is allowed and encouraged to give strong definition to the pedestrian streets. This is not to imply continuous building frontage along the property line. A strong street edge is important for continuity, but perfectly aligned facades over too long a distance tends to be monotonous. With only a few exceptions in the Village, slightly irregular facade lines, building jogs, and landscaped areas, give the life to the street and visual interest for pedestrian travel. Where buildings jog to create activity pockets, other elements can be used to continue the street edge. low planter walls, tree planting, raised sidewalks, texture changes in ground surface, arcades, raised decks. Plazas, patios, and green areas are important focal points for gathering, resting, orienting and should be distributed throughout the Village with due consideration to spacing, sun access, opportunities for views and pedestrian activity. 15 F. BUILDING HEIGHT Vail Village is perceived as a mix of two and three story facades, although there are also four and five story buildings. The mix of building heights gives variety to the street, which is desirable. The height criteria are intended to encourage height in massing variety and to discourage uniform building heights along the street. G. VIEWS AND FOCAL POINTS Vail's mountain /valley setting is a fundamental part of its identity. Views of the mountains, ski slopes, creeks and other natural features are reminders to our visitors of the mountain environment and, by repeated visibility, are orientation reference points. Certain building features also provide important orientation references and visual focal points. The most significant view corridors in the Village have been adopted as part of Chapter 18.73 of the Vail Municipal Code. The view corridors adopted should not be considered exhausted. When evaluating a development proposal, priority should be given to an analysis of the impacted project on public views. Views that should be preserved originate from either major pedestrian areas or public spaces, and include views of the ski mountain, the Gore Range, the Clock Tower, the Rucksack Tower and other important man -made and natural elements that contribute to the sense of place associated with Vail. These views, which have been adopted by ordinance, were chosen due to their significance, not only from an aesthetic standpoint, but also as orientation reference points for pedestrians. Development in Vail Village shall not encroach into any adopted view corridor, unless approved under Chapter 18.73. Adopted corridors are listed in Chapter 18.73 of the Vail Municipal Code. Whether affecting adopted view corridors or not, the impact of proposed development on views from public ways and public spaces must be identified and considered where appropriate. H. SERVICE AND DELIVERY Any building expansion should preserve the functions of existing service alleys. The few service alleys that exist in the Village are extremely important to minimizing vehicle congestion on pedestrian ways. The use of, and vehicular access to, those alleys should not be eliminated except where functional alternatives are not provided. In all new and remodeled construction, delivery which avoids or reduces impacts on pedestrian ways should be explored; and adopted whenever practical, for immediate or future use. Rear access, basement and below ground delivery corridors reduce congestion. Weather protection increases delivery efficiency substantially. Below grade delivery corridors are found in a few buildings in Vail Village (Sitzmark/Gore Creek Plaza, Village Center, Vail Village Inn). Consideration should be given to extending these corridors, where feasible, and the creation of new ones. As buildings are constructed N • VI. s VII. 0 or remodeled, the opportunity may exist to develop segments of a future system. SUN /SHADE Due to Vail's alpine climate, sun is an important comfort factor, especially in winter, fall and spring. Shade areas have ambient temperatures substantially below those of adjacent direct sunlight areas. On all but the warmest of summer days, shade can easily lower temperatures below comfortable levels and thereby, negatively impact use of those areas. All new or expanded buildings should not substantially increase the spring and fall shadow line (March 21 - September 23) on adjacent properties or the public right -of -way. In all building construction, shade shall be considered in massing and overall height consideration. Notwithstanding, sun /shade considerations are not intended to restrict building height allowances, but rather to influence the massing of buildings. Limited height exceptions may be granted to meet this criteria. SURROUNDING LAND USES AND ZONING ZONING ANALYSIS Zonin Special Development District No. 6 Natural Area Preservation District Commercial Core 11 Public Accommodation /High Density Multiple Family Legal Description: Lots K & L, Block 5E, Vail Village First Filing Zoning: Public Accommodation (PA) District Lot Size: 2.788 acresl121,445 square feet Development Standard Allowed Proposed Density (dwelling units /acre): 69 DUs (25 /acre) Accommodation Units (AUs): unlimited Fractional Fee Units (FFUs): unlimited Gross Residential Floor Area: 182 „168 sq. ft. or Up to 150% Gross Residential Floor Area: (70 % AUs) 54,498 sq. ft min. (30 % DUs) 23,356 sq. ft. max Retail Area: 13,518 sq. ft. or 10% Site Coverage (max.): 78,939 sq. ft. or 65% 17 8DUs (2.9 /acre) 123 AUs (35 new) 14 FFUs 135,184 sq. ft. or 111% 54,785 sq. ft (70.3 %) 23,069 sq. ft (29.6 %) 16,925 sq. ft. or 12.5 % 76,039 sq. ft. or 63% Land Use North: Mixed Use South: Open Space East: Mixed Use West: Mixed Use ZONING ANALYSIS Zonin Special Development District No. 6 Natural Area Preservation District Commercial Core 11 Public Accommodation /High Density Multiple Family Legal Description: Lots K & L, Block 5E, Vail Village First Filing Zoning: Public Accommodation (PA) District Lot Size: 2.788 acresl121,445 square feet Development Standard Allowed Proposed Density (dwelling units /acre): 69 DUs (25 /acre) Accommodation Units (AUs): unlimited Fractional Fee Units (FFUs): unlimited Gross Residential Floor Area: 182 „168 sq. ft. or Up to 150% Gross Residential Floor Area: (70 % AUs) 54,498 sq. ft min. (30 % DUs) 23,356 sq. ft. max Retail Area: 13,518 sq. ft. or 10% Site Coverage (max.): 78,939 sq. ft. or 65% 17 8DUs (2.9 /acre) 123 AUs (35 new) 14 FFUs 135,184 sq. ft. or 111% 54,785 sq. ft (70.3 %) 23,069 sq. ft (29.6 %) 16,925 sq. ft. or 12.5 % 76,039 sq. ft. or 63% Landscape Area (min.): hardscape (20 %) softscape (80 %) Setbacks: Gore Creek Setback: Parking: Loading: Height: 36,433 sq. ft. or 30% 7,287 sq. ft (max.) 29,146 sq. ft.(min.) 20 ft. minimum unless approved otherwise by the PEC 50 ft. minimum 134 spaces 4 bays 48 ft. maximum Vill. CRITERIA AND FINDINGS FOR REVIEW Major Exterior Alteration 36,433 sq. ft. or 30% 1 2,710 sq. ft. or 35% 23,718 sq. ft. or 65% Varies (see development plan) >50ft. 134 spaces 4 bays < 48 ft. The criteria for consideration of a major exterior alteration of an existing or new building in the Public Accommodation zone district are outlined in Section 12- 7A -13, Compliance Burden, of the Vail Town Code. According to section 12- 7A -13, "it shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the public accommodation zone district, that the proposal is consistent with applicable elements of the Vail village master plan, the Vail Village Urban Design Guide Plan and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." 1. Compliance with the Purposes of the Public Accommodation zone district Section 12 -7A -1 of the Vail Town Code describes the purpose of the Public Accommodation zone district. According to Section 12 -7A -1, "The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial /retail and related visitor oriented uses as may appropriately be located within the same district and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to R • 9 maintain the desirable resort Qualities of the district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the district. " Staff has reviewed the proposed application submitted to allow for the redevelopment of the Sonnenalp /Swiss Chalet property. Upon review of the proposed plans, staff believes that the proposed mixed use development consisting of a lodge and residential accommodations, together with the commercial /retail and related visitor oriented uses are appropriate for this site and are compatible with adjacent land uses. Generally, staff believes that the proposed development plans will maintain the desirable resort qualities intended by the Public Accommodation zone district development standards. Staff does, however, believe that revisions to the proposed setbacks are necessary to ensure the setbacks provide necessary separation between the buildings and riparian areas and geologically sensitive areas; and to ensure compatible relationships exist between buildings and uses on adjacent properties. The areas requiring further consideration include, the pool /spa area south of the Swiss Chalet, the front setback along Willow Bridge Road, and the loading dock area adjacent to the riparian corridor of Gore Creek. Staff believes that additional consideration needs to be given to the configuration of the proposed Swiss Chalet guest drop off area and the proposed vehicular traffic circulation in and around the loading /delivery area. As currently designed, the flow of traffic is inadequate and potentially dangerous given the location of the guest drop off space in the drive aisle, the width of the drive aisle, and the backing maneuvers of the delivery trucks into oncoming traffic. A possible solution to these issues and others addressed in this memorandum includes limiting the Swiss Chalet entrance to "entrance only" and permit exiting to delivery vehicles only. All other traffic would exit the structure on Vail Road. 2, Consistency with the applicable elements of the Vail Village Master Plan, Vail Village Urban Design Guide Plan, and the Vail Streetscape Master Plan The Community Development Department has retained .Jeff Winston, of Winston & Associates, Inc. to assist with the review of the proposed plans for consistency with the applicable elements of the Vail Village Master Plan and the Village Urban Design Guide Plan. The applicant has made many positive revisions to the proposed plans to ensure consistency with the goals, objectives and policies of the Vail Village Master Plan and Village Urban Design Considerations. Most notably, and in response to the recommendations of the Plan, the applicant is proposing commercial infill development on the ground floor of the Sonnenalp and Swiss Chalet with residential /lodging in the upper floors. Additionally, pedestrian sidewalks and a partially enclosed arcade are proposed to encourage pedestrian circulation along Meadow Drive. The applicant has also redesigned the massing of the building to minimize the negative impacts of shading on Meadow Drive during the winter months. Lastly„ the applicant has resumed working with the adjoining property owners (Talisman, Town of Vail) to minimize the negative impacts of providing vehicular access to the Talisman Condominiums via Meadow Drive. Specifically, the staff is requiring and the applicant has agreed in concept to provide the Town of Vail with a perpetual ingress /egress easement to the Talisman property through both the Sonnenalp and Swiss Chalet properties. While the Town has yet to approve the proposed easement agreement, we remain confident that a mutually agreeable arrangement can be reached. This easement, once in place, will satisfy the Town's obligations, as outlined in a 1978 agreement, by and between the Town and the Talisman, to provide the Talisman property owners with a free and reasonable alternative to accessing their property other than Meadow Drive. The Town, Talisman, and the applicant are continuing to negotiate a win /win /win solution to the use of Meadow Drive as vehicular access to the Talisman. A failure to resolve this issue will result in a significant negative impact on the pedestrian character of Meadow Drive and the neighborhood. Staff believes the proposed project largely complies with the applicable elements of the Vail Village Master Plan. Specifically, the proposal complies with objectives 1.2, 1.3, 2.3, 2.4, 2.5, 2.6, 3A, , 3.4, 4.1, 5.1, 6.1, 6.2 of the Vail Village Master Plan. The proposal does not comply with objective 3.2. The proposal has also been reviewed for compliance with the Vail Village Urban Design Considerations. The Design Considerations were adopted to assure that future changes in the Village are consistent with the established character of the Village and will result in positive contributions to the quality of life in Vail. The Design Considerations are intended to guide growth and preserve the essential qualities of Vail Village. A complete list and description of the adopted Vail Village Design Considerations has been provided in Section V of this memorandum. Staff believes that the proposal largely complies with the established Design Considerations. Specifically, revisions have been made to the proposed plans to ensure compliance with the design considerations regarding streetscape framework, street enclosure, street edge and building height. While the applicant has made a significant effort to ensure the creation of safe, pleasant pedestrian walkways through the site, staff remains discouraged that a more pedestrian sensitive design approach was not taken to ensure the future success of Meadow Drive as a pedestrian way. Staff continues to recommend that the applicant, Talisman, and the Town remained focused on resolving the issue of vehicular access to the Talisman property. Failure to resolve this issue and to allow cars on Meadow Drive, while it may be legal, will have a serious negative impact on the pedestrian character of Vail Village and unravel much of what has been done to make Vail so unique. The proposed plans largely comply with the Town of Vail Streetscape Master Plan. With several revisions to the plans, staff believes the proposal will not only comply with the overall intent of the Master Plan, but it will also comply with the technical requirements of the Plan. Specifically, the Willow Bridge Road section in front of the Swiss Chalet must be redesigned and 20 coordinated to ensure proper street width requirements are met and that adequate vehicle turning movements can be made. Staff recommends that the applicant revise the Swiss Chalet front entry area to provide adequate guest drop off facilities and safe, convenient pedestrian walkways. These revisions shall include additional landscaped areas to soften the street edge. Further, staff recommends that the applicant and Town of Vail Public Works Department prepare a written memorandum of understanding describing the responsibilities of the Town and the applicant in the construction of the proposed off -site improvements adjacent to the proposed development site. As prescribed in the Vail Village Urban Design Considerations, the Architecture /Landscape Considerations shall be reviewed and approved by the Design Review Board. I Effects upon the character of the neighborhood By in large, staff believes the proposed redevelopment of the Swiss Chalet and the hotel addition to the Sonnenalp will have a very positive effect upon the character of the neighborhood. As previously mentioned above, the proposed plans largely comply with the applicable elements of the Vail Village Master Plan, Vail Village Urban Design Considerations, and the Town of Vail Streetscape Master Plan. Furthermore, with the exception of landscaping and site development, the proposed plans meet the minimum development standards prescribed for a project in the Public Accommodation zone district in the Zoning Regulations. Through infill development the streetscape and built environment along Meadow Drive will be significant improved and upgraded. The addition of street -level retail stores and the removal of the surface level parking lot will enhance the appearance of Meadow Drive and further improve the physical pedestrian connection between Vail Village and Lionshead. Throughout the course of the review of this application, the applicant has made many positive changes to the proposal to ensure that the effects of this development upon the character of the neighborhood are kept to a minimum. Staff believes that additional revisions need to be made to the proposed plans to further minimize any negative impacts of the proposed development on the character of the neighborhood. Specifically, changes to the Swiss Chalet front setback along Willow Bridge Road are necessary. As designed, the guest drop off area is inadequate and will not function properly. The pool /spa area along the south property had negative impacts on the riparian corridor along Gore Creek. Further revisions to that area are needed. The loading /delivery access plans needs additional review and consideration. While the applicant has met the intent of the regulation, the execution of the design is unresolved. And finally, the result of allowing vehicular traffic on Meadow Drive to gain access to the Talisman property will significantly impact the pedestrian environment of the area. Staff recommends that the applicant continues to work with the Town and the Talisman property owners to develop an alternative means of access for the owners of the Talisman is Condominiums. 21 4. Compliance with the applicable elements of the Vail Comprehensive Plan Staff believes the project complies with the Vail Comprehensive Plan. The comprehensive plan is comprised of many different planning documents. The plans applicable to this proposal include the Vail Land Use Plan, Vail Village Master Plan, Vail Village Design Guidelines & Design Considerations, and Town of Vail Streetscape Master Plan. The previous criteria provide responses to compliance with many of the applicable planning documents. The only plan not yet addressed is the Vail Land Use Plan. According to the Vail Land Use Plan, the proposed development is designated as "Village Master Plan Area The Village Master Plan Area is intended to provide sites for mixed use guest oriented development. Vail Village is approximately 77 acres in size and comprises roughly 2 % of the Vail Land Use Plan area. The Vail Land Use Plan does not specifically address this land use designation. Instead, development with the Village Master Plan Area is addressed in the Vail Village Master Plan. Staff believes the proposal generally complies with the applicable elements of the Vail Village Master Plan. Conditional Use Permit In order to provide the flexibility necessary to achieve the objectives of the Zoning Regulations, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. The criteria for consideration of a conditional use permit are outlined in Section 12- 16-6, Criteria; Findings, and Section 12 -16 -7, Use Specific Criteria, of the Vail Town Code. According to Section 12 -16 -6, The applicant is proposing to operate a fractional fee club within the Swiss Chalet. Pursuant to Section 12 -7A -3, Conditional Uses; Public Accommodation Zone District, of the Vail Town Code, fractional fee club units may be allowed in the Public Accommodation zone district subject to the issuance of a conditional use permit and as further regulated by subsection 12- 16- 7(A)(3). The fractional fee club will be comprised of 14 fractional fee club units. Each of the units varies in size. Before acting on a conditional use permit application, the planning and environmental commission shall consider the following factors with respect to the proposed use: 22 1. Relationship and impact of the use on development objectives of the town. The purpose of the Public Accommodation zone district is to provide sites for lodges and residential accommodations for visitors, together with limited amounts of commercial /retail and related visitor oriented uses. In 1996, the Vail Town Council approved an amending ordinance which allowed fractional fee club units as a conditional use in the Public Accommodation zone district. In approving the amendment, the Council agreed that fractional fee club units were appropriate in the District, provided they were operated as a secondary use on the site. The primary use of the site would remain lodging opportunities in the form of accommodation units. Staff believes the applicant's proposal to operate a fractional fee club on this site will have a positive impact on the development objectives of the Town. The proposed project includes 14 fractional fee club units operated in conjunction with 123 accommodation units and 8 residential dwelling units. The fractional fee club will have no fewer than 6 and no more than 12 owners per unit. The club includes a front desk operating 24 hours per day, seven days per week to meet the needs of the owners and to provide reservation and registration capabilities. As required, the club is proximate to transportation, retail shops, eating and drinking establishments, and recreational facilities. The applicant, upon approval, shall be required to file articles of incorporation of the club with the State of Colorado and the Town of Vail Community Development Department. Staff believes that it is imperative that fractional fee club units be made available for short term rental in a managed program when not in use by the club members. 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 club will have few, if any, negative impacts on the above described criteria. The proposed club and associated development meets the minimum requirements prescribed for fractional fee clubs by the Zoning Regulations. As such, the proposed level of development does not exceed what would otherwise be anticipated on the site. 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 that the proposed club and associated development will result in negative impacts on the above described criteria. As proposed, vehicular traffic will be introduced on Meadow Drive, the flow of owner /guest traffic conflicts with the flow and circulation of loading /delivery traffic, and an improved guest drop off area design is needed for the Swiss Chalet. Staff believes that more design work is needed ensure that any negative impacts associated with traffic flow, whether vehicular or pedestrian, is kept to a minimum. 23 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. Staff believes the proposed project will have a positive impact on the character of the area and the uses surrounding the development site. As proposed, the project largely complies with the development standards prescribed for the Public Accommodation zone district in the Zoning Regulations. The fractional fee club is only one element of the mixed use development proposed on the site. Staff believes that the fractional fee club integrates well with the surrounding residential and mixed use developments adjoining the site. The planning and environmental commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this Title and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this Title. Additionally, according to Section 12 -16 -7 of the Vail Town Code, the following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12 -16 -6 of this Chapter. Section 12 -16 -7 (Use Specific Criteria and Standards) 8. Time Share Estate, Fractional Fee, Fractional Fee Club, Or Time Share License Proposal: Prior to the approval of a conditional use permit for a time share estate, fractional fee, fractional fee club, or time share license proposal, the following shall be considered. a. if the proposal for a fractional fee club is a redevelopment of an existing facility, the fractional fee club shall maintain an equivalency of accommodation units as are presently existing. Equivalency shall be maintained either by an equal number of units or by square footage. If the proposal is a new development, it shall provide at least as much accommodation unit gross residential floor area (GRFA) as fractional fee club unit gross residential floor area (GRFA). b. Lock off units and lock off unit square footage shall not be included in the calculation when determining the equivalency of existing accommodation units or equivalency of existing square footage. 0 24 c. The ability of the proposed project to create and maintain, a high level of occupancy. d. Employee housing units may be required as part of any new or redevelopment fractional fee club project requesting density over that allowed by zoning. The number of employee housing units required will be consistent with employee impacts that are expected as a result of the project. e_ The applicant shall submit to the town a list of all owners of existing units within the project or building; and written statements from one hundred percent (100%) of the owners of existing units indicating their approval, without condition, of the proposed fractional fee club. No written approval shall be valid if it was signed by the owner more than sixty (60) days prior to the date of filing the application for a conditional use. f. Each of the fractional fee club units shall be made available for short term rental in a managed program when not in use by the club members. The project shall include or be proximate to transportation, retail shops, eating and drinking establishments, and recreation facilities. Variance In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. The applicant has requested a variance form Section 12- 7A -10, Landscaping and Site Development, of the Vail Town Code. According to Section 12- 7A -10, "At least thirty percent (30 9/.) of the total site area shall be landscaped." Furthermore, in accordance with the definition of "landscaping" walks, decks, patios, terraces, water features, and other like features (hardscape) may be counted towards the landscape area requirement provided those areas do not exceed 20% of the total landscape area requirement. The applicant is requesting a variance to allow for up to 49 °lam of the landscape area requirement to be hardscaped. Section 12 -17 -6, Criteria and Findings, of the Vail Town Code, prescribes the criteria to be used by the Planning and Environmental Commission when considering a request for a variance. According to Section 12 -17 -6, Criteria and Findings, 10 Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 25 I . The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Generally speaking, the landscape area proposed will have a positive impact on the existing and potential uses and structures in the vicinity of the development site. The landscape area variance is due, in part, because of the proposed implementation of the Town of Vail Streetscape Master Plan improvements and the Vail Village Master Plan. The Master Plans recommend improved paved pedestrian walkways along Meadow Drive with commercial infill development to increase street life and interest. Staff believes that the proposed landscaped areas along Meadow Drive are justified, however, we believe that additional consideration needs to be given to the Willow Bridge Road end of the development. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Staff believes that additional consideration is needed to ensure that the amount of relief requested from the landscape area requirement achieves compatibility and uniformity of treatment among sites in the vicinity. Specifically, staff believes that revisions should be made to the proposal along the Willow Bridge street frontage to ensure an adequate landscape (softscape) treatment is provided. As designed, much of the area available for landscaping along Willow Bridge Road is proposed to be occupied by buildings or structures. While it is true that Section 12 -7A -6, Setbacks, allows encroachments into the required setback area, subject to specific findings of the Planning and Environmental Commission, staff does not believe that encroachments of buildings and structures should outweigh landscape area requirements. Staff does acknowledge the impact that the recommended streetscape improvements along Meadow Drive have on the landscape area requirement We believe that relief from the landscape area requirement is necessary and justified, however, we believe that based upon tall the criteria, an additional 5,428 square feet of hardscape area may be excessive and may result in a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff believes the variance request will, have little, if any, negative impacts on the criteria described above. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. The planning and environmental commission shall make the following findings before granting a variance: 0 26 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Floodptain Modification Chapter 21, Hazard Regulations, of the Vail Town Code addresses development in geologically sensitive areas or otherwise hazardous areas within the Town. According to Chapter 21, the purpose of the regulations is to, "The purpose of this Chapter is to help protect the inhabitants of the Town from dangers relating to development of flood plains, avalanche paths, steep slopes and geologically sensitive areas; to regulate the use of land areas which may be subject to flooding and avalanche or which may be geologically sensitive; and further to regulate development on steep slopes; to protect the economic and property values of the Town, to protect the aesthetic and recreational values and natural resources of the Town, which are sometimes associated with flood plains, avalanche areas and areas of geological sensitivity and slopes; to minimize damage to public facilities and utilities and minimize the need for relief in cleanup operations; to give notice to the public of certain areas within the Town where flood plains, avalanche areas and areas of geologic sensitivity exist; and to promote the general public health, safety and welfare." Section 12- 21 -10, Development Restricted, of the Vail Town Code prohibits structures from being built in the flood hazard zone or red avalanche hazard area. However, 12 -21-6, Supplemental Studies By Applicant, of the Code indicates, in part, that "...if an application is made to build in an identified avalanche hazard zone of influence or modification to the flood plain, the administrator may require the applicant to conduct supplemental studies..." Further, Section 12 -21 -1 O(E), Development Restricted, states, 27 "The Administrator may require any applicant or person desiring to modify the flood plain by fill, construction, channelization, grading, or other similar changes, to submit for review an environmental impact statement in accordance with Chapter 12 of this Title, to establish that the work will not adversely affect adjacent properties, or increase the quantity or velocity of flood waters." The Planning and Environmental Commission shall review an application for a modification to the flood plain. When reviewing an application for a modification to the flood plain the Commission shall consider the following criteria: 1. The proposed flood plain modification shall not adversely affect adjacent properties. The proposal to modify the floodplain is a result of removing the existing improvements from the flood plain area. Once removed from the flood plain, the existing structures will no longer negatively impact the flood plain and a new flood plain boundary will be established. The "new" boundary essentially modifies the existing flood plain line. A copy of the Flood Plain Study conducted by JF Sato and Associates dated October 28, 2002, has been attached for reference (Attachment F) 2. The proposed flood plain modification shall not increase the quantity or velocity of flood waters. The proposed modification to the flood plain will not increase the quantity or velocity of the flood waters of Gore Creek. A copy of the Flood Plain Study conducted by JF Sato and Associates dated October 28, 2002, has been attached for reference (Attachment F) Text; Amendment Section 12 -3 -7, Amendment, of the Vail Town Code establishes the procedures for amending Title 12, Zoning Regulations. According to Section 12 -3-7, an amendment to the Zoning Regulations may be initiated by the Town Council, Planning and Environmental Commission, or any resident or property owner in the Town. The applicant, as a property owner in the Town, has submitted an application to the Community Development Department proposing to amend Section 12 -7A -3 Conditional Uses, of the Vail Town Code to allow accessory eating, drinking, and retail establishments located with the principal use (lodge) to occupy more than ten percent (10 %) of the total gross residential floor area of the main structure or structures on the site as a conditional use. The current regulation limits the amount of accessory eating, drinking, and retail establishments located with the principal use (lodge) to ten percent (10 %) of the total gross residential floor area of the main structure or structures on the site. 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 The proposed text amendment will further the general and specific purposes of the Zoning Regulations. Specifically, the proposed amendment provides an orderly public review process by which the Planning and Environmental Commission can evaluate a proposal to allow accessory eating, drinking, and retail establishments located with the principal use (lodge) to occupy more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site as a conditional use. The conditional use permit review process is outlined in Chapter 16 of the Zoning Regulations. 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 The proposed amendment will, in appropriate circumstances, better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. The procedures for reviewing a conditional use are outlined in Chapter 16 of the Zoning Regulations. As such, the Planning and Environmental Commission will review the conditional use permit request at a public hearing. One of the required criteria for consideration is the "relationship and impact of the use on the development objectives of the Town ". Staff believes that this particular amendment better achieves the adopted goals, objectives, and policies of the Town as it further ensures the likelihood that the recommendations of the Town's master plans are implemented. 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 Staff believes that conditions in the Town have changed since the adoption of the Zoning Regulations that necessitate this amendment. The Town of Vail Zoning Regulations were adopted in 1973. Since that time, the Town has adopted and updated numerous planning - related documents (ie, Vail Village Master Plan). These documents, in many instances, make specific recommendations for development on specific sites within the Town regardless of the proposed zoning. For example, the Vail Village Master recommends infill development along Meadow Drive. The recommended street -level uses along Meadow Drive is retail square footage. To accommodate this goal, either a text amendment to the Zoning Regulations is needed or a variance from the 10% limitation is required. Given the sequence of events, staff believes that it is more appropriate to amend the Zoning Regulations to create consistency between our planning documents instead of considering a variance to achieve the desired outcomes. 29 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. The proposed text amendment provides a harmonious, convenient, workable relationship amongst the Town's land use regulations. The proposed amendment allows the Planning and Environmental Commission to evaluate proposals for retail square footage in excess of 10 % of the total gross residential floor area square on a case -by -case basis. This process ensures public participation and allows factors such as location, impacts on existing and potential surrounding uses, and effects upon the character of the area to be evaluated. Staff believes this process offers the greatest amount of assurance that the Town's development objectives will be achieved.. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text. Additionally, before recommending and/or granting an approval of an application for a text amendment the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and (2) That the amendment furthers the general and specific purposes of the zoning regulations; and (3) That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves with conditions the request for a final review of a proposed major exterior alteration to allow for the redevelopment of the Swiss Chalet and an addition to the Sonnenalp Hotel; a request for a final review of a conditional use permit to allow for the operation of a fractional fee club in the Swiss Chalet; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development) to allow for a deviation from the total landscape area requirement; a request for a final review of a proposed flood plain modification to the Gore Creek flood plain boundary; located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 15S Filing. and, a recommendation of approval to the Vail Town Council of a text amendment to Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a 30 lodge in excess of 10 % of the total gross residential floor area of the structure as a conditional use. Staff's recommendation of approval with conditions of the major exterior alteration, conditional use permit to allow for the operation of a fractional fee club, modification to the flood plain, and a landscape area variance is based upon the review of the criteria outlined in Section VIII of this memorandum, and upon the evidence and testimony presented on these applications. Should the Planning and Environmental Commission choose to approve with conditions the applicant's requests, staff recommends that the following findings be made as part of the motion: Ma or Exterior Alteration "The applicant has proven by a preponderance of the evidence before the planning and environmental commission that the proposed exterior alteration and new development, with minor modifications, is in compliance with the purposes of the public accommodation zone district, that the proposal is consistent with applicable elements of the Vail village master plan, the Vail Village Urban Design Guide Plan and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." Conditional Use Permit The planning and environmental commission shall make the following findings before granting a conditional use permit: That the proposed location of the Swiss Chalet fractional fee club is in accordance with the purposes of the Town of Vail Zoning Regulations and the purposes of the Public Accommodation zone district. 2. That the proposed location of the Swiss Chalet fractional fee club and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity of the Swiss Chalet. 3. That the Swiss Chalet fractional fee club operation will comply with each of the applicable provisions of the Town of Vail Zoning Regulations Additionally, the Swiss Chalet fractional fee club proposal complies with the criteria and standards prescribed' by Section 12 -16 -7, (Use Specific Criteria and Standards), of the Vail Town Code. 0 Variance 31 The planning and environmental commission shall make the following findings before granting a variance: 0 That the granting of the landscape variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the Public Accommodation zone district as the applicant is proposing compliance with the applicable elements of the Town's planning documents. 2. That the granting of the landscape variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity of the Swiss Chalet/Sonnenalp Hotel development as the public health, safety, and welfare is furthered by this approval due to the implementation of the Town's streetscape master plan recommendations. 3. That the variance is warranted for the following reason: The strict or literal interpretation and enforcement of the landscape area regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Public Accommodation zone district given the amount of hardscape area required on the development site to comply with the applicable planning documents of the Town of Vail. Flood Plain Modification The planning and environmental commission shall make the following findings before granting a flood plain modification; The flood plain modification does not adversely affect adjacent properties. This information is based upon the technical analysis provided by J. F. Sato and Associates, dated October 28, 2002. 2. The modification to the flood plain does not increase the quantity or velocity of the flood waters of Gore Creek. This information is based upon the technical analysis provided by J. F. Sato and Associates, dated October 28, 2002. Should the Planning and Environmental Commission choose to approve with conditions the applicant's request as outlined above, staff recommends that the following conditions be placed upon the approval: That the applicant submits a revised site plan to the Community Development Department for review and approval of the Planning and Environmental Commission of an amended guest drop -off area along Willow Bridge Road in front of the Swiss Chalet. 2. That the applicant submits a signed deed - restriction to the Community Development Department restricting three units for employee housing at the 32 0 Solar Vail Condominiums (Units 24, 25, and 26) located at 501 North Frontage Road. The signed deed- restriction shall be recorded at the Office of the Eagle County Clerk & Recorder, prior to the issuance of a building permit for any construction of this project. 3. That the applicant receives approval of a perpetual easement for ingress and egress of vehicular traffic to the Talisman Condominium property, located at 62 East Meadow Drive. The purpose of the easement shall be to provide a free, uninterrupted right of ingress and egress to and from the Talisman Condominium property to either Gore Creek Drive (Vail Road) or Willow Bridge Road, or both. The easement shall be of sufficient dimensions to allow for free and uninterrupted passage of vehicular traffic. The easement agreement shall be accepted by the Town of Vail in writing and shall be approved by the Planning and Environmental Commission, prior to granting a final approval of this project. The easement agreement shall be recorded at the Office of the Eagle County Clerk & Recorder, prior to the issuance of a building permit for any construction of this project.. 4. That the applicant prepares a memorandum of understanding outlining the responsibilities and obligations of the applicant for all off -site improvements required to mitigate the development impacts associated with the development of this project. The scope of the streetscape improvements shall be as indicated on an approved Off -site Improvements Plan. The memorandum of understanding shall be submitted to the Administrator for review and recommendation to the Planning and Environmental Commission. The Planning and Environmental Commission approval shall be obtained prior to final approval of this project. 5. That the applicant submits revised plans to the Community Development Department addressing the comments and conditions of the Town of Vail Public works Department as outlined in the memorandum to the Community Development Department dated April 9, 2003 (Attachment G). The revised plans shall be reviewed and approved by the Planning and Environmental Commission prior to final approval of this project. 6. That the applicant fully complies with the Project Registration requirements and all other applicable provisions as prescribed in Title 4, Business and License Regulations, Chapter 4, Article B, of the Vail Town Code, as determined by the Town Attorney. 7. That the applicant submits an application for a Conditional Use Permit to allow for accessory eating, drinking, or retail establishments located with a lodge in excess of 10% of the total gross residential floor area of the main structure or structures the site, provided the Vail Town Council approves a text amendment to Section 12 -7A -3, Vail Town Code. Said application shall not be made to the Community Development Department until any amending ordinance approving the text amendment to Section 12 -7A -3 of the Vail Town Code becomes effective. 33 Should the Planning and Environmental Commission choose to recommend approval of the applicant's request for a text amendment to Section 12 -7A -3, Vail Town Code, staff recommends that the following finding be made as part of the motion: (1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and (2) That the amendment furthers the general and specific purposes of the zoning regulations; and (3) That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VI. ATTACHMENTS A. Vicinity Map B. March 24, 2003, letter from the applicant C. Reduced copy of proposed plans D. Planning and Environmental Commission meeting minutes from September 23, 2002 E. Planning and Environmental Commission meeting minutes from January 13, 2003 F. JF Sato and Associates flood plain study dated October 28, 2002 G. Memorandum to Community development Department form the Public Works Department, dated April 9, 2003 • 34 • • • fonnenalp Report of Vail App A c floor /oaf Afalor Axfmlof Aifw►aflbor, eomdlflowat AWo Pk,�� /f, Z Pasloir Ravlaw aou( Vallawa Revised for MarcA 24, 2003 Attachment: B Table of Contents • Pa e I. Introduction 2 A. Summary of Request 2 B. Key Elements of the Proposal 2 II. Detailed Project Description and Zoning Analysis 3 A. Project Site and Ownership 3 B. Existing Conditions 4 C. Proposed Uses and Detailed Project Description 5 D. Zoning Analysis 13 E. Mitigation of Development Impacts 13 F. Floodplain Modification 15 III. Review Factors and Criteria 16 IV. Comprehensive Plan Goals and Direction 22 • • Sonnenalp Redevelopment — March 24, 2003 Braun Associates, Inc. ! I. Introduction A. Sat=. of Request The Sonnenalp Resort is proposing to redevelop its property located in the Vail Village. The proposed project will have a significant positive impact on the economy and aesthetics of the Town by upgrading and expanding a world -class lodging facility. New and upgraded lodging and spa facilities will be provided in order to attract visitors from all around the world. The most significant amenity of the project will be the removal of surface parking along East Meadow Drive and the introduction of a retail corridor on the south side of the street. The establishment of retail activity in this area will inject new life and vitality to an area whose performance has considerable room for improvement. The project will provide streetscape improvements that implement the Town's current streetscape plan and improvements that provide for an improved and safe pedestrian experience along East Meadow Drive. The majority of the parking required for the project will be located in a subsurface parking garage that extends under the entire project, The specific proposal includes a new hotel wing along the frontage of East Meadow Drive containing 3 stories of hotel rooms (35 rooms) and one story with retail at street level. The ground floor also includes pedestrian arcade areas, which extends 10' from the building face to provide pedestrian scale to the building. The hotel addition runs from Vail Road to 10' 41 from Talisman property. The existing Swiss Haus building will be demolished. In its location will be another portion of this hotel facility containing three stories of Fractional Fee Club Units (14 FFUs) and dwelling units (S DUs) and one story with retail and lobby area at street level. • This project is arguably one of the most significant and desirable improvements in Vail as it expands and upgrades one of the most successful resort hotels in the country and provides significant amenities needed in this area of the Vail Village. B. Key Elements of the Proposal Key elements of the plan include: •, Expansion and upgrading of Vail's premier hotel and spa property. • Improved live beds added to Vail's lodging inventory. • Injection of new retail life to the Meadow Drive corridor thus improving the connection from Vail Village and Lionshead. • Much needed pedestrian and streetscape improvements along East Meadow Drive. • Elimination of surface parking areas and the provision of subsurface parking and loading areas. • Employee housing provided within the Town of Vail. Sonnenalp Redevelopment — March 24, 2003 Braun Associates, Inc. II. Detailed Project Description and Zoning Analysis & Project Site and Ownership As discussed in the introduction, this redevelopment project involves two properties: the Sonnenalp Resort and the Swiss Haus. Opportunities have also been presented to the Talisman Condominiums as described in the cover letter submitted with this proposal. As such both of these properties are being considered as one overall project for the purpose of development statistics. The overall project site consists of these separate legal parcels: Parcel A (1.13 acres, generally the existing Swiss Haus property. Portion of lot.), Parcel B (1.553 acres, generally the existing Sonnenalp hotel), and Parcel C (0.105 acres, generally the Sonnenalp parking area). Total project area = 2.7$8 acres The definition of lot or site allows development site to be a combination of lots of record or portions of lots of record. Upon approval of the redevelopment plan, the Sonnenalp will apply for revised plat to create coordinated parcels that are tied together fro the purpose of zoning statistics. Sonnenalp Hotel (formerly the Bavari Haus) Sonnenalp Redevelopment — March 24, 2003 Braun Associates, Inc. Swiss Haus (now the Swiss Chalet) • • • B. Existing Conditions The Sonnenalp portion of the site is currently developed with two buildings that are used as a lodge facility as defined by the Town Code. All of the parking on the site is currently surface parking. Access to the hotel is primarily from Vail Road with additional access for the Swiss Haus from Willow Bridge Road and East Meadow Drive. Below is a table describing the existing conditions of the site: Sonnenalp: Density: 90 Hotel Rooms (2 being removed with application) GRFA: 58,074 sq. ft. Site Coverage: 34,050 sq. ft. Landscape Area: 13,750 sq. ft. Restaurant Area (net): 3,389 sq. ft. (variance granted for an additional 1,651.4 sq. ft. on June 24, 1991. Bully Ranch = 1,504 sq. ft., Ludwig's = 1,560 sq. ft., and King Club Bar = 325 sq. ft.) (Gross area = 6,050 sq. ft.) Meeting Room Area: 4,000 sq. ft. Spa Area: 7,330 sq. ft. Parking 108 spaces Building Height: 48' and 56' (granted by variance) Swiss Haus: Density: 59 Hotel Rooms 2 Dwelling Units GRFA: 23,444 sq. ft. Site Coverage: 12,950 sq. ft. Landscape Area: 7,500 sq. ft. Retail Area: 1,580 sq. ft. Restaurant area: 2,422 sq. ft. Meeting Room Area: 1,885 sq. ft. Spa Area: 1,720 sq. ft: Parking: 14 spaces Building Height: 48' C] Sonnenalp Redevelopment — March 24, 2003 4 Braun Associates, Inc. C] C. Proposed Uses and Detailed Project Description 1. Proposed Uses The project includes the following uses that are either permitted by right or by conditional use permit in the Public Accommodation zone district: • Hotel rooms - use by right • Fractional Fee Club Units - conditional use • Dwelling units - use by right • Retail - use by right, conditional use over 10% • Spa facilities - use by right 2. Parking Parking provided by the proposed redevelopment complies with Town requirements. Of the total of 134 parking spaces, 116 will be located underground. Surface spaces will be lirniited to the existing approved 18 spaces located within the porte cochere of the Sonnenalp. The following is the parking analysis: Existing parking found on -site: Sonnenalp: 108 spaces Swiss Haus: 14 spaces Total: 122 spaces The proposed analysis examines the incremental change in program and its impact on parking- Use Net Change _ Parking Formula Net Parkin AU's -26 (61 removed, 35 new) 0.7 /AU -18.2 DU's +6 (2 demolished, 8 new) 1.4 /DU +8.4 FFU's +14 0.7 /FFU +9.8 Retail +9,295 sf (1,580 demo, 10,875 new) 2.3/1,000 sf +21.38 Restaurant -2,422 sf (Swiss) 1/250 sf -9.69 Conference -1,885 sf (Swiss) 1/330 sf -5.71 Net Increase in Number of Parking Spaces Required _ +5.98 Total Parking Required for Project = 127.98 spaces Total Parking Provided = 134 (116 underground, 18 in porte cochere) (includes 43 valet spaces) Sonnenalp Redevelopment — March 24, 2003 Braun Associates, Inc. 0 3. Loading and Delivery • The proposed redevelopment complies fully with the Town's loading and delivery requirements. The Code requires 1 additional loading spaces and the proposed plan includes 3 underground loading areas for use by the entire project. The existing Swiss Haus and Talisman currently have no formal loading facilities. These new berths are located under the proposed Swiss Chalet facility. While the site is being redeveloped and new and improved structures are being accommodated, the overall loading and delivery demand will be greatly reduced due to the removal of the Swiss Chalet Restaurant and conference room space within the building (however, the analysis below did not take credit for the existing Swiss Chalet improvements the result of which would be the require for 1 additional loading spaces). Below is the analysis of loading berth regturements in accordance with the Town Code. Use sq.. ft. Multiplier Requirement Lodge /Retail 75,000 1 /first 75,000 sq. ft. 1 + 31,621 1 /each additional 25,000 sq. ft. 1.26 Total 3 TOV Multi -use Reduction -1 Total Loading Bay Requirement 2 4. Talisman Access The 'Talisman property is currently developed with one structure containing 16 dwelling units and 20 surface parking spaces. The Talisman property is not part of this application however, the Sonnenalp has proposed to provide the following to the Talisman Condominiums: • Sonnenalp agrees to provide the Talisman with a relocated access easement further to the east, if they so desire. • Sonnenalp agrees to pay for and construct the new access, parking area, and landscape improvements on the Talisman property, as depicted on the proposed plans. • Sonnenalp agrees to provide two "knockout" panels within the proposed parking structure which will allow future sub - surface access to the Talisman parcel in the event the Talisman constructs a subsurface parking area. Additionally, the Sonnenalp agrees to provide an access easement through its parking structure to the Talisman in the event they construct a sub - surface parking area. Sonnenalp Redevelopment — March 24, 2003 Braun Associates, Inc. In the meantime the Talisman can be accessed from East Meadow Drive pursuant to an existing access easement (proposed to be shifted to the east to have less impact on East Meadow Drive), created when the Talisman was originally platted in 1970, and Town Ordinance (Ordinance No. 14, Series of 1978) allowing continued access through the pedestrianized area. The Talisman property was platted with its only legal access to East Meadow Drive. Subsequent to this plat approval, in 1978 the Town of Vail established certain roads in Vail as "Public Malls" under the Public Mali Act of 1974. Included in the public malls was East Meadow Drive as well as other streets like Bridge Street and Gore Creek Drive. Ordinance 14 established that the "owners of the Talisman Condominium shall have the right, in perpetuity, of ingress and egress to and from their parking lot to East Meadow Drive, including access on said Drive." Other projects such as the Gasthoff Gramshammer and Sitzmark, located on Gore Creek. Drive, have been allowed to expand and redevelop and maintain vehicular access through the pedestrianized area. The proposed plan greatly reduces the impacts of this access to East Meadow Drive by providing a separated pedestrian sidewalk on the Sonnenalp property. This sidewalk along with the other improvements contemplated by the Town's streetscape plan will separate pedestrians from bus and vehicular access therefore having very little impact to the pedestrian environment. 5. Retail Areas and Limitations The proposed redevelopment plan implements the Town's goal of having a vital retail area along East Meadow Drive. The Land Use Plan, the Vail Village Master Plan, and the Streetscape Master Plan all reference retail improvements along the south side of East Meadow Drive. The proposed plan includes new street level retail area. Retail storefronts are included on the entire Meadow Drive frontage of the Sonnenalp wing and the Swiss Chalet creating desirable pedestrian flow and strengthening of the connection between the Village core and Lionshead. The PA zone district limits the amount of retail square footage allowed on a site to 10% of the proposed GRFA. The PA zone district was amended several years ago to promote the redevelopment of lodging facilities in the Vail Village. The retail area limitation was debated extensively during this process and at the time was proposed to be increased to allow for adequate retail activities in the core retail areas of Town. However, the retail limitation was not changed due to concerns about the potential for retail activity in the more residential areas of the Village. The Sonnenalp property is uniquely situated along a major pedestrian and retail corridor. Most of the Sonnenalp's frontage is along East Meadow Drive. If the proposed plan were to comply with the Town's 10 0/6 limitation, retail could not be located along the entire building frontage therefore compromising the vitality of the retail environment and the connection to the Village core. Strict and literal 0 Sonnenalp Redevelopment — March 24, 2003 7 Braun Associates, Inc. • interpretation of this zoning standard is in direct conflict with the Town's design goals for this area of the village. In order to implement Vail's guiding land use documents and because the Sonnenalp is uniquely situated, the Sonnenalp is seeking a code amendment to allow retail area over 10% with a conditional use permit. 6. Landscape Area The proposed revelopment plan complies with the overall landscape requirement for the PA zone district. The plan includes extensive landscape and streetscape improvements that implement Town goals and the Town's Streetscape Plans. However, the project exceeds the allowable hardscape that can be considered as "landscape improvements." Within the definition of landscape area regulation there is a provision that allows 20% of the landscape area to be "hardscape" (i.e., sidewalks, patios, etc). The proposed redevelopment plan exceeds the 20% limitation placed on hardscape. The Sonnenalp is uniquely located along three road frontages: Vail Road, East Meadow Drive, and Willow Bridge Road. This site is also located in a highly pedestrianized area of the town with heavy retail activity. Thus the need for sidewalks and other hardscape improvements is necessary to accommodate adequate pedestrian movement. The proposed streetscape master plan, the adopted streetscape master plan, and the Vail Village Master Plan all recommend the type of improvements being proposed at the Sonnenalp. These improvements, however, are in conflict with the general hardscape limitation established in the PA zone district. The applicant is seeking a variance from this general restriction on hardscape to allow the Sonnenalp to be redeveloped consistent with the Town's guiding documents. 7. Setbacks The proposed revelopment plan complies with the Town's planning documents that reference the creation of comfortable pedestrian environments and streetscapes. The PA zone district sets a general setback requirement of 20' from all property lines. However, the PA zone district also states that the Planning and Environmental Commission has the discretion to approve variations from the setback requirements subject to the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. Sonnenalp Redevelopment — March 24, 2003 Braun Associates, Inc_ The proposed setbacks for the Sonnenap redevelopment vary across the site. Along East Meadow Dave the ground j7oor setback is Yin some small areas to over 20' in other areas The upper stories of the buildings vary from 8' from balconies to 22' to wall faces from the propery dine along east Meadow Drive. The buildings and sidewalks were located and designed to achieve the optimal urban design and streetscape quality rather than applying an arbitrary setback dimension. The Vail Village Master Plan, Urban Design wide Plan, and Urban Design Considerations were used to provide the direction for the building locations on this project. These documents recommend developing a pedestrian arcade along East Meadow Drive as well as providing a `framing" of the street. The proposed site and building plans follow this direction. The proposed redevelopment plan also complies with the adopted and proposed Streetscape Master Plan for this area. The proposed plan provides the necessary separation of buildings and riparian areas. New structures on the proposed plan comp# with the 50' stream setback In achieving the goals of the Town's various planning documents development was forced in the rear and side setbacks of the site. One of the majorgoals of these planning documents is the removal of existing surface parking area and the encouragement of the placement ofparking helowgrade. The proposed plan implements thisgoal by providing parking helowgrade which due to the number of required parking spaces forcedportions of the building to he located within the 20'setback area. The proposed plan also provides loading and delivery areas in the subsurface garage area. The location of the loading and delivery on the site is a direct result of the direction provided in the Vail Village Master Plan which identt#es the southeast portion of the site as an appropriate location for loading facilities Additionally, the existing development on this site has encroached on the setbacks for over 30 years The proposed condition is similar to that condition that exists today. There exist internal property lines between the Sonnenao properties and the Talisman property, "These lines were established when the Talisman properly was on platted. Currently the Talisman structure is developed at or over these platted proper y lines for a significant porxaon of its property. The building is located over the rear propery line along Gore Creek, over the west property line onto Sonnenao propery, and over the eastpropery line onto Sonnenalp property, The location of the existing Talisman building has impacted where the Sonnenadp huilding could be located due to building codes in the past In an effort to improve the existing setbacks conditions established by the Talisman structure and to reduce potential future impacts, the Sonnenap buildings have been located in such a way that will allow future growth on the Talisman proper y without building code implications. First, on the west side of the Talisman property we have provided a 10' setback far all above grade structures. This 10' setback would allow the Talisman to redevelop with a 10' setback and have no building code irro&ations. Therefore if equal treatment is applied to both prrrperties, then there will not be future building complications for either property owner. Along the east Talisman propery line (the Talisman encroaches 2' onto the Sonnenap propery in this location) the Talisman and Swiss Haus structures are cun-ently connected. The proposed condition is to provide approximately 1 l ' between the two structures or 13' to the Talisman przper y line. This is an improvement over the existing condition in terms of setback. .J Sonnenalp Redevelopment —March 24, 2003 9 Braun Associates, Inc. n The proposed plans do not include above grade structures alon line. g the Talisman's north pmpery The proposed setbacks will provide adequate and fair development rights and separation to both the Talisman and Sonnenap properties. The Sonnenap is absorbing additional impacts present due to the location of the existing Talisman structure and has provided adequate separation to meet the requirements of the building code. No geologically or environmentally sensitive areas exist on the site or are impacted by the proposed setbacks B. Proposed building setbacks comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. The statements above are hereby incorporated in the response to this criterion. As stated above the proposed plan complies with and implements many elements of the Vail Village Urban Design Guide Plan and Design Considerations and Vail Village Master Plan. Specifically, the proposed plan provides for appropriatey locatedpedestrian sidewalks and arcades, creates the appropriate sense of street enclosure along East Meadow Drive, and provides for adequate landscape and hardreape amenities, such as heated pavers, seating areas, and light fixtures. The proposed setbacks are also in response to direction given by these plans in order to accommodate sub - surface parking and loading areas. The internal setbacks provided meet applicable building code building separation requirements. C. Proposed building setbacks will provide adequate availability of light, air and open space. The statements above are hereby incorporated in the response to this criterion. The proposed building locations will provide adequate availability of light, air and open space consistent with the Town's guiding plans and documents. While shading of some areas of East Meadow Drive will occur during certain hours of the day during the hinter, the impact of this shading of East Meadow Drive is not significantly different at a setback of 20' since the location of the upper stories of the building are very near the 20'setback line. A sun /shade analysis has been provided to demonstrate the shadow impacts of the proposed development. The arcade and sidewalk heating proposed in this area will allow the pedestrian way to be clear of snow and ice build -up. Other examples of buildings that have been constructed that cast a shadow on public streets include the Austria Haus, the Lodge Promenade, and the Village Center Building. The proposed buildings will not cast shadow on the Talisman structure daring tjie times of day required to be studied by the Town. This is due to the orientation of the proposed structures in relationship to the existing Talisman building. The new Swiss Chalet building is generally located in the same orientation as the existing building on the parcel and therefore will have no negative impacts on light and air of the Talisman. In fact better separation is being provided to the Talisman from the east therefore improving on the existing condition. Sonnenalp Redevelopment — March 24, 2003 10 Braun Associates, Inc. The proposed improvements will allow for adequate availability of light, air, ado e ace to 0 neighboring properties and public areas consistent with the Town planning documents D. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. The statements above are hereby incorporated in the response to this criterion. The property that is being redeveloped is surrounded on three sides by a public street and one side by Gore Creek. The proposed and existing buildings are separated from adjacent buildings by the Towns right- of -ways, which are CFO' to S0' in width and the additional setbacks provided The Trail Village Inn pr iect directly across the street has a similar relationship of buildings to East Meadow Drive with Zero setbacks in most areas As stated above the Talisman structure is currently developed to or overproperty lines The proposed structures are being developed with setbacks that will allow both the .S'onnenalp and the Talisman to be treated fairly and equally by providing at least a 10' setback. Reviewing the development patterns throughout the entire neighborhood it is quite evident that nearly every propery has developed within the 20' setback area Some examples include: the Trail Village Inn, the existing Swiss Haus, the existing Sonnenalp, the Villa ge Center, Crossroads, the Talisman, Riverhouse, Edelweiss, Bishop Park, the Sit�mark Lodge, First Bank, and 9 Trail Road, The proposed development plan provides for a compatible relationship with buildings and uses on adjacent properties. E. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. The proposed redevelopment plan pravides creative design solutions to enhance the pedestrian and retail environment along East Meadow Drive and to remove surface parking areas as prescribed by the Town's planning documents f the plan conformed to the 20' setback the Town would not be implementing desirable improvements that conform to the Town's master plan elements and goals These include street enclosure, 561-active and protected pedestrian ways, and retail totality close to the pedestrianised street. The proposed plan will prouide significant benefits to the pub& in the form of streetseape enhancements, improved retail and shopping experiences, and overall aesthetic improvement that would not otherwise be realised in strict conformance with the 20'setback provision. • Sonnenalp Redevelopment — March 24, 20103 11 Braun Associates, Inc. 0 8. Building Height • • Building height proposed for these new buildings complies fully with the building height limitation of 48'. Further, the proposed plan complies with the direction given in the Vail Village Design Considerations for street enclosure. This document recommends a certain ratio exist between building faces fronting a street to the height of the buildings. The ratio recommended by the plan is 1' of building height for each 2' of building separation. The design plan also recommends an average ratio where building heights vary from side to side. While there are no buildings on the north side of East Meadow Drive that are directly parallel to those proposed on the south side, the plan generally conforms to the enclosure guideline. Buildings faces on either side of the road are approximately 50' — 70' apart and the eve heights are generally 32'- 34' in height. Soanenalp Redevelopment —March 24, 2003 12 Braun Associates, Inc. D. Zoning Analysis Zoning: public Accommodation Lot Area: 2.788 acres or 121,445.28 sq. ft- Standard Allowed Proposed Density 69 DUs (25 /acre) 8 D U s (2.9 /acre) (8 new, 2 demolished) AU's unlimited 35 new (88 existing maintained) FFU's unlimited 14 GRFA overall project 182,167.92 sq. ft. (150%) 135,184 sq. ft. (111 %)' (77,854 sq. ft. new GRFA) New GRFA 70/30 split 54,785 sq. ft. AU /FFU 23,356.2 sq. ft DU 23,069 sq. ft. DU Retail Area 15,169.4 sq. ft2 (10% GRFA) 16,925 sq. ft.3 (12.5%) * Code A Amendment Site Coverage 78,939.43 sq. ft (65 9/6) Landscape Area 36,433.6 sq. ft. (30 1/6) Softscape 29,146.88 sq. ft Hardscape 7,286.72 sq. ft max. Setbacks Subject to PEC Review Stream Setback 50' 76,039 sq. ft. (62.6% o) 46,250 sq. ft. (38%) 23,718 sq. ft. * Variance 22,532 sq. ft. Refer to development plan 50' + Note t Number reflects 744 sq. ft. being removed due to removal of units 101 and 102. z Retail allowed is 10% of constructed GRFA plus 1,651 sq. ft. previously granted by variance. 3 Retail provided includes 6,050 sq. ft. existing in Sonnenalp and 10,875 sq. ft. new retail area. E. Mitigation of Development Impacts The PA zone district requires that the Planning and Environmental Commission consider impacts of a development on roadways, pedestrian -ways, and the provision of employee housing. The PEC may determine that mitigation is necessary due to the impacts generated by the development or redevelopment project Any mitigation required must have a direct relationship to the degree of impact proposed. The Sonnenalp redevelopment will have little impact on the infrastructure of the area, yet will help to improve the overall economy of the area and provide for significant public access and streetscape improvements. Below is a list of improvements proposed to mitigate any impact of this project on the community. Sonnenalp Redevelopment — March 24, 2003 13 Braun Associates, Inc. • 1. Streetscape Improvements The Sonnenalp redevelopment is providing substantial public Streetscape improvements along East Meadow Drive and Willow Bridge Road on the Sonnenalp property. The Sonnenalp plans essentially implement the Town's proposed Streetscape improvement plan as well as the concepts contained in the approved Streetscape Master Plan. This retail corridor will be greatly improved by providing another area for pedestrians to walk and shop. These improvements will improve the transit and vehicular access function of the road by providing new heated sidewalks and arcades for pedestrians. Much of the pedestrian improvements are occurring on the Sonnenalp property thus expanding the publicly accessible space on to private property. The Sonnenalp is proposing to cost share the streetscape improvements with the Town, since the proposed Streetscape improvements implement the Town's streetscape plan and occur in the Town's right -of -way. The Sonnenalp has agreed to pay for 1/3 of the East Meadow Drive improvements as indicated on the Off -Site Improvement Plan. 2. Pedestrian Easement The Sonnenalp is providing a pedestrian easement on its properly to allow the Town to achieve its Streetscape planning goals for this street. This easement will essentially widen the Town's right -of -way in this area thus allowing additional street improvements within the right- of-way that may not otherwise have been attainable. 3. Employee Housing The following methodology has been verified and accepted by Town staff for this project. While the Town does not have a codified provision for requiring the provision of employee housing, the property owner recognizes the need to housing employees. The owner has agreed to use the Town's make -shift formula to determine the number of employees requiring housing. Our plan is to deed restrict existing dwelling units within the Town of Vail that contain the minimum number of beds required by the Town's formula. The calculation is based on the Town's methodology for determining employee impacts. The formula uses the 15% multiplier rather than the 30% multiplier since the project is being developed within the density requirements of the PA zone district as consistently used by the Town. The results of the formula are based on the net changes being made to uses on the site which result in a requirement to provide housing for 5 employees (units 24 — 26 in Solar Vail). Sonnenalp Redevelopment — March 24, 2003 14 Braun Associates, Inc. • Use Number or S . ft. Multiplier Employees Retail /Service Commercial = 10,875 sq. ft. new -1,891 sq. ft. demolished @(5 /1000 sq. ft.) = 44.92 employees Restaurant /Lounge = -2,422 sq. ft. demolished @(5 /1000 sq. ft.) _ -12.11 employees Meeting rooms = -1,885 sq. ft. demolished @.(1/1000 sq. ft.) = -1.89 employees Lodging = 49 units new — 61 units removed TFU /AU) @(.25 /unit) _ -12 employees Multi - Family = 8 units — 2 units demolished @(.4 /unit) = 2.4 employees Spa use* = 8,475 sq. ft. new— 1,720 demolished @(1.25/1000 sq. ft.) = 8.44 employees Total .Employees = 29.76 net increase in employees (X 0.15 multiplier) = 4.64 new employees to be provided housing F. Floodplain Modification The Town of Vail has undergone a re- evaluation of the Gore Creek floodplain throughout the Town. This study and analysis has been submitted to the Federal Emergency Management Agency (FEMA) for approval. Once this study is approved by FEMA new snaps will be produced. Until FEMA accepts this revised study, the maps produced in 1982 must be utilized. A portion of the Sonnenalp property is impacted by the floodplain line mapped in 1982. This 1982 map shows a corner of the existing Swiss Haus as well as retaining walls and improvements in the pool area as forming the edge of the floodplain. A comprehensive floodplain analysis has been providing and documents that the proposed project will have no impact on the current floodplain elevation (see report attached). • Sonnenalp Redevelopment — March 24, 2003 15 Braun Associates, Inc. 111. Review Factors and Criteria Below is an analysis of criteria required for the Fractional Fee Club, code amendments, retail area limitation, and the hardscape variance being requested: 1. Conditional Use Permit for Fractional Fee Club and Request to Exceed 10% Retail Limitation Before acting on a conditional use permit application, the Planning and Environmental Commission (PEC) shall consider the factors with respect to the proposed use: a. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation fatalities, and other public facilities needs. Our Areal sis: The fractional fee club is being proposed in an area of the Vail Village that has been indicated by the Town's master planning documents as areas appmpriute for mixed use lodging, commercial, n d residential uses. The proposed structure containing these fractional fee units complies with the PA lone district and with the Town's development standards The proposed fractional fee club will have little, f any, impacts relating to the above list of criteria The proposed redevelopment plan implements the Town's goal of having a vital retail area along East Meadow Drive. The Lund Use Plan, the Vail Village Master Plan, and the Streetseape Master Plan all reference retail improvements along the south side of East Meadow Drive. The proposed plan includes new street level retail area. .Detail sioref ves are included on the entire Meadow !]rive frontage of the Sonnenalp using and the Swiss Chalet creating desirable pedestrian flow and strengthening of the connection between the Village core and Lionshead. Since the proposed improvements are located in the retail core of Vail, the proposed retail area will have little, if any, impacts relating to the above list of criteria. b. 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. Our Analysis: The fractional fee club is beingproposed on the east end of the development site. Access to these units will be through either the existing Vail Load entrance or to the new Swiss Chalet entrance from Willow I3rxdge Load to a subsurface parking area. The proposed entrance and loading and delivery are located in an area identified by the Town's planning documents as appropriate for this vehicular activity. The traf c flow is proposed to be consistent with the Town's streetseape improvement plan for the area. Snow removal will not be required from parking areas as parking is located underground and is protected from the elements The proposed fractional fee club complies with these criteria. Sonnenalp Redevelopment — March 24, 2003 16 Braun Associates, Inc. The proposed retail area will sign cantly improve the flow of pedestrians along this retail corridor by providing safe and protected areas away from vehicular and transit vehicles. The additional retail area will have little in the way of increased vehicular traffic and therefore have little, of any, impact on the above criteria. c. 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. Our Analysis: The fractional fee club is being proposed on the east end of the development site in a building that includes residential condominiums and commercial uses This area of the Vail Tillage is characterised by multi- stog residential, lodgin ,and commercial buildings developed at close proximity to the street. The proposed Swiss Chalet and Sonnenap Buildin gs are consistent with the character of the area in terms of use, physical scale, and bulk. Additionaly, the proposed fractional fee club and retail areas are consistent with the Town's honing code, development standards, and designguidelines The proposed retail areas heo to reduce the perceived balk and mass of the building bringing the building to a more pedestrian scale. d. Prior to the approval of a conditional use permit for a time -share estate, fractional fee, fractional fee club, or time -share license proposal, the following shall be considered: If the proposal for a fractional fee club is a redevelopment of an existing facility, the fractional fee club shall maintain an equivalency of accommodation units as presently existing. Equivalency shall be maintained either by an equal number of units or by square footage. If the proposal is a new development, it shall provide at least as much accommodation unit GRFA as fractional fee club unit GRFA. • Lock -off units and lock -off unit square footage shall not be included in the calculation when determining the equivalency of existing accommodation units or equivalency of existing square footage. • The ability of the proposed project to create and maintain a high level of occupancy. ■ Employee housing may be required as part of any new or redevelopment fractional fee club project requesting density over that allowed by zoning. The number of employee housing units will be consistent with employee impacts that are expected as a result of the project. ■ The applicant shall submit to the Town a list of all owners of existing units within the project or building; in written statements from 100% of the owners of existing units indicating their approval, without condition, of the proposed fractional fee club. No written approval shall be valid if it is signed Sonnenalp Redevelopment — March 24, 2003 17 Braun Associates, Inc. • • by the owner more than 60 daps prior to the date of filing the application for a conditional use. Our Analysis; The proposed fractional f e club is part of a new lodging facility. Equivalency is heing maintained on the property by creating 35 new hotel rooms with 27,980 sq. ft. GKFA as a new wing on the Sonnenao Hotel Lock-off squaro footage was not used in the equivalency analysis. The nature of a fractional fee guarantees that the facility mall operate with a high degree of occupancy since units unll be availahle to rent when owners are not using the unit. Employee housing is being proposed to mitigate for the net increase in employees needed to operate this facility. The Sonnenao owns all existing dwelling units in the Sonnenalp project and therefore no additional list of existing unit owners is necessary. Sonnenalp redevelopment — March 24, 2003 18 Braun Associates, Inc. 2. Variance 20% Hardscape limitation Before acting on a variance application, the Planning and Environmental Commission shall consider the following factors with respect to the requested variance: a. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Our Analysis: The proposed Sonnenap redevelopment exceeds the landscape requirement that 30% of the site be in the form of landscape area. Within the definition of landscape area regulation there is a provision that allows 20% of the landscape area to be in the four! of " hardscape" (i.e., sidewalks, patios, etc). Wlhile the proposed plan exceeds this limitation on hardscape, the plan implements the Streetscape Master Plans for this area as well as the Vail Village Master Plan by providing the pla y and stmetscape improvements recommended by those plans. It is these streetscape and pedestrian improvements that are causing the need for a variation to the hardscape limitation. The proposed variation is no greater than thatgranted to the Vail Village Inn project (approved as an SDD) which is located directly across East Meadow Drive or any other development located in the mixed -use area of the village core. b. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Our Analysis: The degree of relief proposed is the minimum necessary to attain the objectives of the Vail Village Master Plan, Urban Design Guide Plan, and the Vail Village Design Considerations. Very fern sites within the Village Core area are able to comply with this limitation due to the urban and pedestrianized character of the area. While the Sonnenao properties exceed the hardscape prevision, the redevelopment is increasing the amount of landscape area found on the .rate overall There is no grant of special privilege with the proposed application. c. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Our Analysis: The proposed variance will have minimal, if any, adverse #ect on the ahove criterion. Sonnenalp Redevelopment — Marcy 24, 2003 19 Braun Associates, Inc. is • S3. Review Criteria for Text Amendment —10% Retail Area Provision 0 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 +� sir: The proposed amendment to the PA done district will specifically further thegoals of the zoning regulations and of the Towns masterplans. The amendment provides the opportunity to the Planning and Environmental Commission to evaluate a request for more retail area for projects located in areas where it makes sense in the context of surrounding development and where it inn plements othergoals of the Town. The proposed amendment will promote coordinated and harmonious development within the Town to conserve and maintain community qualities and values, ensure safe and ffi ent pedestrian and vehicular traffic, and provide for the safety and general welfare of the community. (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 Ana sis. As stated above, the proposed text amendment will allow the Planning and Environmental Commission (PEC) to evaluate on a case—by -basis proposals to add retail area above the 10% provision. This will allow the PEC to reviewgoals and policies that have relevance to the location being proposed and determine whether or not the Town's goals are being met, thus resulting in a better implementation of the Town'sgoals. The proposed text amendment will allow the landowners to better implement thegoals and policies of the Town rather than the existing arbitrary "one site fits all "provision. (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 Sonnenalp Redevelopment — :March 24, 2003 20 Braun Associates, Inc. An sis; 0 In 1973, when the Zoning Code was adopted, the PA Zone district limited the Mail on lodge projects to 20 %. In the late 1970's this provision was changed to 10 %. The problem that actors with a °`blanket "provision which affects all PA honed properties is that it does not take into account the diffmnces that might exist from location to location. For instance the Towns master planning documents specifically recommend providing retail along East Meadoty Drive but the 10 % provision prevents the implementation of the policy. The Town's masterplanning documents have changed over theyears but the 10% provision has not been amended to reflect these plans and the policies promoted within the plans. Therefore, conditions have changed which render the 10% provision inappropriategiven the Town'sgoals {4} The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; Anal si,r. The proposed amendment to the PA done district will specifically further the goals of the honing regulations and of the Towns masterplans. The amendment provides the opportunity to the Planning and Environmental Commission to evaluate a request for more retail area far projects located in areas where it makes sense in the context of surrounding development and where it implements othergoals of the Town. The proposed amendment will promote coordinated and is 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 safely and general welfare of the community. r1 Sonnenalp Redevelopmene — March 24, 2003 21 Braun Associates, Inc. 9 IV. Comprehensive Plan Goals and Direction The Town's master planning documents have been analyzed with respect to the proposed redevelopment project. Below is a list of the Town's guiding documents followed by a list of goals and objectives that are consistent with the proposed redevelopment plan. Items listed in italics are of particular importance to the proposed redevelopment plan. A. Vail Land Use Plan General Growth/ Development 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. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded wbeneverpossible. 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 mast of the additional rosvth in exist n developed areas in 11 areas). g g p (. ) 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2. Sider /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 3. Commercial 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas t o cc o m m odate both local and visitor needs. Sonnenalp Redevelopment — March 24, 2003 22 Braun Associates, Inc. 4. Village Core /Lionshead 0 4.1 Future commercial development should continue to occurprimarill in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality). 4.4 The connection between the Village Core and Lionshead should be enhanced through: a) Installation of a new type of people mover. b) Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and /or sculpture plaza. c) New development should be controlled to limit commercial uses. S. Residential 0 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time -share units should be accommodated to hep keep occupancy rates up- 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee - housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Sonnenalp Redevelopment — March 24, 2003 23 Braun Associates, Inc. 0 B. Vail Village Master Plan CDWE) 1. Land Use Plan The Land Use Plan found in the VVMP recommends mixed -use commercial /residential uses and medium /high density residential uses for the Sonnenalp properties. The proposed plan is consistent with these designations. 2. Open Space Plan The Open Space Plans recommends that a plaza space be created at East Meadow Drive near the Crossroads Shopping Center. The proposed plan provides a plaza space in this area. 3. Parking and Circulation Plan The Parsing and Circulation Plan identifies an area along Willow Bridge Road adjacent to the Swiss Haus as the appropriate location for loading and delivery. The loading and delivery area on the proposed plan is located beneath the new Swiss Chalet building in this same location. 4. Action Plan Policy 1 -3 states that the Sonnenalp property is an appropriate location for inftll commercial, residential, and lodging uses. The plan recommends that walkways, arcades, and plaza spaces be provided to interact with the Vail Village Inn property and to provide pedestrian flow to the east and west. The proposed plan implements this policy. Policy 1 -4 states that the Swiss Haus property is an appropriate location for infill commercial development. This policy recommends a plaza area on the corner of Willow Bridge Road and East Meadow Drive. The proposed plan implements this policy. Policy 1 -5 states that a decorative pedestrian walkway should be developed along the Swiss Haus frontage to encourage pedestrian circulation to and from East Meadow Drive. The proposed redevelopment plan provides a pedestrian walkway consistent with the proposed Streetscape Plan. 5. Goals Goals for Vail Village are summarized in six major goal statements. The goal statements are designed to establish a framework, or direction, for future development of the Village. The goals, along with the established objectives and policies are to be used in evaluating a proposal during the development review process. The following goals, objectives and policies are consistent with the proposed redevelopment 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. 0 Sonnenalp Redevelopment -- March 24, 2003 24 Braun Associates, Inc. 1.1.1 Policy: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. 1.2 __ Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. 1.2.1 Policy: Additional development may be allowed as identified by the action plan as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. 1.3 Objective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 1.3.1 Policy: Public improvements shall be developed with the participation of the private sector working with the 'town. Goal #2 To foster a strong tourist industry and promote year -round economic health and viability for the Village and for the community as a whole. 2.1.Objective: Recognize the variety of land uses found in the 10 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.1.1 Policy: The zoning code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. 2.3 Objective: Increase the number of residential units available for short -term, overnight accommodations. 2.11-Policy: The development of short-term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short - term overnight rental. 2.4 Objective: Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 Policy: Commercial infill. development consistent with established horizontal- zoning regulations shall be encouraged to provide activity generators, accessible green spaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. 2,5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to 'better serve the needs of our guests. Sonnenaip Redevelopment — March 24, 2003 25 Braun Associates, Inc. 2.5.1 Polio Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. 2.5.2 Policy: The Town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate building renovations without compromising life, health and safety considerations. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.2 Policy: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Objective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policy: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 3.1.2_Poiicy: Public art shall be encouraged at appropriate locations throughout the Town. 3.1.3 Policy: Flowers, trees, water features and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. 3.2 Objective: Minimize the amount of vehicular Traffic in the Village to the greatest extent possible. 3.2.1 Polio: Vehicular traffic will be eliminated or reduced to absolutely minimal necessary levels in the pedestrianized areas of the Village. 3.3 Objective: Encourage a wide variety of activities, events and street life along pedestrian ways and plazas. 3.3.2 Polio: Outdoor dining is an important streetscape feature and shall be encouraged in commercial 'in fill or redevelopment projects. 3.4 Objective: Develop additional sidewalks, pedestrian -only walkways and accessible green space areas, including pocket parrs and stream access. Sonnenalp Redevelopment — March 24, 2003 26 Braun Associates, Inc. 1 0 3.4.1 Policy Physical improvements to property adjacent to stream tracts shall not further restrict public access, 3.4.2 Policy: Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and /or Recreation Trails Master Plan. Goal #4 To preserve existing open space areas and expand green space opportunities. 4.1 Objective: Improve existing open space areas and create new plazas with green space and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.2 Policy: The development of new public plazas, and improvements to existing plazas (public art, streetscape features, seating areas, etc.), shall be strongly encouraged to reinforce their roles as attractive people places. 41 Open space improvements including the addition of accessible green space as described or graphically shown in the Vail Village Master Plan and /or Urban Design Guide Plan, will be required in conjunction with private infill or redevelopment projects. 0 Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. 5.1 Objective: Meet parking demands with public and private parking facilities. 51 .1 Policy: For new development that is located outside of the Commercial Core 1 Zone District, on -site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the Zoning Code. 5.1.3 Policy: Seek locations for additional structured public and private parking spaces. Ila Policy_ Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. 5.2 Objective: Encourage the use of public transportation to minimize the use of private automobiles throughout Vail. 5.2.2 Policy: The Town shall facilitate and encourage the operation of private shuttle vans outside of the pedestrianized core area. 49 Sonnenalp Redevelopment —Much 24, 20133 27 13iaun Associates, Inc_ • Goal #6 To insure the continued improvement of the vital operational elements of p p the Village. 6.1 Objective: Provide service and delivery facilities for existing and new development. 6.2 Objective: Provide for the safe and efficient functions of fire, police and public utilises within the context of an aesthetically pleasing resort setting. 6,2,1 Policy: Development projects and other improvements in Vail Village shall be reviewed by respective Town departments to identify both the impacts of the proposal and potential mitigating measures. 5onnenalp Redevelopment — March 24, 2003 2$ Braun Associates, Inc. C. Vail Village Urban DesigLi G "de Plan and Design- Considerations 0 Below is the list of Urban Design Considerations found in the Vail Village Design Considerations. Each of these criteria is being implemented in some form by the proposed redevelopment plan. 1. P edes trianization /Vehicle Penetration The Design Considerations recommend differing levels of pedestrianization within the Vail Village. The goal of the plan is to create pedestrian circulation system that is interconnected and pleasant for the pedestrian. The design plan recognizes that "vehicular traffic cannot be removed from certain streets" and therefore a "totally car -free pedestrian system is not achievable throughout the entire Village." Many streets within the Village have car, delivery, and bus traffic. For instance, Gore Creek Drive is used for access to the Gasthoff Gramshammer and the Sitzmark Lodge by delivery vehicles and guest vehicles and Bridge Street and Hanson Ranch Road are used for access by delivery vehicles and guest cars to the Bridge Street Lodge and other residential properties. All of the guest access and parking and loading a delivery to the Sonnenalp, properties is accessed from Vail Road and Willow Bridge Road (via Village Center Drive). All of the Talisman parking will be accessed from East Meadow Drive until such time as the Talisman decides to take advantage of the offer of access through the Sonnenalp property (via an easement) to an underground parking garage on the Talisman's property. The Talisman's access was originally established from East Meadow Drive via an access easement in the late 1960's. In the 1970's the Town of Vail created "public malls" pursuant to the Public Mall Act of 1974 to limit the amount of vehicular traffic on certain streets. The Talisman was guaranteed access from East Meadow Drive by Ordinance 14, Series of 1978 for all of its 20 parking spaces. The proposed redevelopment plan reduces the effect of the Talisman access by providing safe and protected pedestrian areas that are separated from vehicular areas, per the Town's streetscape plan for East Meadow Drive. The plan proposes a reasonable compromise in order to reduce the impacts of private cars on East Meadow Drive. The existing bus traffic on this street creates more interruption to pedestrian traffic that the few vehicles accessing the Talisman will. 2. Streetscape Framework The Design Plan recommends that streets be framed by buildings, storefronts, and landscape /open space improvements. The proposed redevelopment plan provides for a street framework with a mixture of arcades, pedestrian walks, plazas, and storefronts. The proposed plan implements many of the goals of the proposed and adopted Streetscape Master Plan and the Vail Village Master Plan. 3. Street Enclosure The Urban Design Plan recommends that streets in the Vail Village be framed by buildings to create a comfortable and safe experience for pedestrians and shoppers. Sonnenalp Redevelopment — March 24, 2003 29 Braun Associates, Inc. • Enclosing street with buildings, as with Bridge Street, creates visual interest and stimulates the retail experience. As discussed earlier, the proposed redevelopment plan implements the concepts found in the Town's Design Plan. 4. Street Edge The Design Plan recommends that buildings within the village form a strong but irregular edge to the street. The plan encourages buildings to be located at or near property lines in order to give strong definition to the pedestrian corridors. The plan also recommends breaks in buildings along a street to create visual interest. The proposed redevelopment plan provides an area of arcade along the street, open areas along the street, plaza areas long the street. The project uses a combination of recommended strategies to create an interesting and functional street edge. 5. Views No adopted view corridors exist in the area on or adjacent to the Sonnenalp property. G. Service and Delivery The Design Plan recommends that service and delivery areas be located in areas where they have the least impact on pedestrian ways. The plan also recommends that these service areas be located under ground where feasible. The proposed redevelopment plan provides loading and delivery areas below grade and in the area recommended by the Vail Village Master Plan. The area proposed will have minor impacts to the pedestrian areas of the village. 7. Sun /Shade A sun /shade analysis has been provided with the application materials. The parameters and standards found in the Design Plan are generally applicable to the Village Core area (areas zoned CC I) and is less applicable to other areas, such as areas zoned PA. The proposed sun /shade analysis shows that during certain periods of the day and year the proposed buildings will cast shadows on East Meadow Drive. Whether the building is located on the property line of setback 20' this shading will occur. There are significant breaks along in the building facade along East Meadow Drive, such as the break where the Talisman property is located. Therefore there will be significant areas along the street that never receive shade. The proposed redevelopment will provide heating in sidewalks to prevent the accumulation of ice and snow. 5onnenalp Redevelopment — March 24, 2003 30 Braun Associates, Inc. D. Streetscape Master )Flan The adopted Town of Vail Streetscape Master Plan recommends the development of pedestrian improvements along the south side of East Meadow Drive onto the Sonnenalp property. These recommendations include paver sidewalks, street furnishings, landscaping, and the similar streetscape improvements. The proposed Streetscape Master Plan provides for a revised plan and incorporates the concepts presented in the adopted master plan and the redevelopment improvements being proposed by the Sonnenalp. The proposed Sonnenalp redevelopment plan substantially improves the streetscape of the East Meadow Drive corridor and provides for safe pedestrian flow on a curb separated sidewalk outside of the flow of buses or vehicles. E. • Sonnenalp Redevelopment — Mare 24, 2003 31 Braun Associates, Inc. 0 : }uawyaellb T�7 as�n AUN ! 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A request for a worksession to discuss a proposed major exterior alteration; a conditional use permit to allow for a tractional fee club in the Public Accommodation zone district; a variance from Section 12 -7A -2 (Permitted Uses), Vail Town Code, to allow for retail uses in excess of 100% of the total gross residential floor area of the structure; and a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 1" Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George Ruther /Warren Campbell Warren Campbell introduced the file and gave a description of the request and mentioned that this is just a work session and staff will not be giving a recommendation, He then read from page 2 of the staff memo and gave a chronology. He read from page 5 from the staff memo regarding applicable documents and read the goals of the Vail Village Master Plan_ He said the site is located within two land use designations and covered access opportunities, as listed in the staff memo. He also brought up the TOV Streetscape Master Plan and stated there were six issues staff wanted clarification on at this hearing: 1. Complete development application; 2. lot or site area; 3. proposed setbacks; 4. sun /shade analysis; 5. mitigation of development impacts; 6. access requested by the Talisman off E. Meadow Drive. He then said the criteria are outlined in the staff memo. Dominick Mauriello introduced the applicants and went through the project and presentation and gave the open space recommendations from the VVMP. He said the plan recommends there be a plaza space and open space and our plan includes these. He said we are proposing landscaping and open space on the site and that the parking and circulation plan calls for very little or no vehicle activity in areas reserved for pedestrians. He said there was limited impact and the Building Height Plan, in the VVMP, was used in the past for people deviating from their zoning. He said they were proposing something that complies with the zoning. He mentioned the goals and action steps with the first one having to do with Vail Road and the town implementing some of that and this proposal reflects the same direction. He said infill retail and lodging are what's called for by the plan in this location and this is what we're proposing and that pedestrian activity is accommodated by our proposal in keeping with the Plan. He said parking is accommodated by the parking structure, the Port Cochere, and at the Talisman. He said they believed there is a balance that needs to be achieved with these policies. He said the next issue is the Swiss Haus. He said providing additions to the existing building is what the plan calls for, and they were doing that with a new building. He said fire issues have been worked through with Mike McGee. He said the Streetscape Master Plan is reflected in our proposal 98 % and that you won't see cars; you'll see buildings. He said with regard to setbacks, that they have worked within the PA zone district's standards for setbacks. He said the rear setback is very accurate and that our proposed building will be in essentially the same location that it is in now. He said the Town's plan focuses on sun/shade analysis and the shadows are pretty much contained in one area. He said the urban design elements are not addressed by staff, but are a big part of the plan and that there is also a whole provision about street edge that says buildings can come up to the property line along the street. He mentioned in our proposed plan, we do achieve many of the urban design guidelines. He said dining decks are mentioned in the memo and the plan helps preserve some quality areas, such as La Bottega's. He said the final issue I'd like to address is with respect to access to the Talisman and that today, they have 20 spaces. He stated that the Public Mall Act of 1974 allows communities to define spaces for public mall access and that the town wants to encourage less auto and more pedestrian traffic. He said the point is that we have worked hard with the Talisman to address the access issue. 10 Attachment: D Approved 10/14/02 Tom Braun said a project like this is all about balance and the owner, the neighbors, and the Town: all have interests at stake. He said there are many plans and policies that are in place here and it's likely that no one is going to get everything that they want in this deal. Russ Forrest said there are many positive aspects to this project and we just need to address the issues as soon as possible. Jim Lamont said he has a ringing endorsement of this project. He said Johannes called me three years ago and asked me what we (HOA) would think of a project like this and an amendment to the PA zone district. Jim said we've got to distinguish between wants and needs. He said we had an individual that questioned the switch to pedestrian from vehicular access to the town and Johannes was the first to offer a cure with the loading and delivery system. He said we are making key steps in our loading and delivery systems in the TOV and this proposal is a big part of this progress. Gwen Scarpello said we have not seen the detail but, in general, we are very supportive of this proposal. Larry Eskwith said the Talisman has conceptually agreed to this development and is in the process of working out a development agreement with the Sonnenalp. He said we do not want the PEC to think that all of the issues have been resolved and that access is going to be an issue. He said other than some issues, we think the project is a good one and there has been good communication between the Talisman and Sonnenalp. Jerry Orten said he was here on behalf of 7 owners of the Talisman who have some of the same concerns that Larry just outlined. He said the issues revolve around the ways in which the redevelopment of the Sonnenalp will effect the Talisman, such as mass & bulk, the setback issue, realignment of property lines, and the possibility of the Talisman to redevelopment itself not being hindered. We ask that their signatures be required as a condition of approval and the Talisman 7 would like to be a part of the decision for this proposal. John Schofield said we cannot resolve these issues between you; you all have to do that amongst yourselves and asked if there was any further public comment? He said this is strictly a work session and we will not be making a decision today. He said specifically, we have items that staff would like feedback on and that having been said, I'll turn to Gary. Gary Hartman said he is encouraged by what I've seen so far, but there is a big issue of how do we look at this as a whole? He said he wonders if there is a way to make the Talisman more compliant with the pedestrian quality of the area and to make it much more compatible. He said the spa looks like an afterthought and the retail along both frontages seems excessive and do we really need that much over there? He stated that there are vacant stores on Bridge Street now. Doug Cahill said the application is being taken care of, I assume, but the valet parking seems to be an issue. He said the landscaping percentage could be an issue in the long run for the whole site; including the Talisman. He asked if it is one lot or is it three and that this will be an issue as we move forward unless it is resolved. He said the 20' setbacks can be addressed by stepping back parts of the buildings and putting the retail out. He said he would rather see some movement there and the bulk and mass pulled back a bit. He said that sunshine during the winter should be maximized and on -site mitigations through landscaping is needed and that he was not stuck on the retail number. George Lamb said he is in concurrence with everything said so far and that the Talisman is the real issue and he hopes it gets worked out and suggested that the Swiss Chalet could be stepped back a bit. Approved 1 0/14/02 Rollie Kjesbo said that obviously, if you're going to have one lot, the Talisman will have to be on the application and he agrees that the 4 stories straight up on the property line is not going to work_ John Schofield asked what the current setbacks are right now? Dominick. Mauriello answered on the existing Sonnenalp along Vail Drive they are in the neighborhood of 15 to 20 feet. John Schofield said that the Talisman folks need to be aware of what their limitations are concerning future developments_ He said if you do not get that property into one parcel, I think you're all stuck; the Talisman more so than the Sonnenalp. He said from Staff's standpoint, if it does not come in as one application, then we have to start looking at individual access and setbacks from internal property lines. He said parking definitely remains an issue and he thinks we need to hear from staff regarding loading and delivery and setbacks remain an issue as well. Dominick Mauriello said the Talisman is out of conformance today and what we're proposing will bring them more into compliance in several areas and moving the building does not do much about reducing the shadow. Tom Braun said the setback and sun /shade issues are all interrelated and the ground level retail might be right up to the street, is that correct? Yes, ok. is John Schofield asked a question of Russ regarding the Talisman's use of the 250 addition. Russ Forrest said they have it available but with its location along the setback on the creek side it would prove difficult to make additions to individual units. He added that staff had a letter from the Talisman saying its ok to go through the process, but that they do not authorize any plan or portion thereof and asked if it was the boards opinion that the Talisman needs to sign the application as an applicant? John Schofield stated yes. He added that he would like to see how the traffic circulation will work on Willow Drive. 5. A request for a conditional use permit, to allow for a public utility installation, located at the East Vail Water Tank, 5004 Snowshoe Lane /Summer Recreational Area, Vail Meadows Filing 1. Applicant: Town of Vail Planner: Bill Gibson Allison Ochs: Introduced the file, Julie Anderson stated the public safety issue is crucial to maximize radio coverage for police, fire and emergency services. John Schofield asked for comments from PEC members. George Lamb said we looked at the site and the Snowshoe Lane side is bust and it is my understanding that the ERWSD did not want that. Doug Cahill recommended that six trees be planted in front of the tower. I') Approved 1127/03 s!!!motion weaked to a ress the guarante right of 48 feet an adjacent neighbor He suggested g higher ' the middle and to r on the ends to mi gate the height eff ts. He said the myee ho sing the better. He id if the undergrou d encroaches, the ke it to the property like it ork. He said he d s not see a need f retail on Meadow ive and he person than wilding would ma a grand statemen t the entrance of rand ski resort. T, as a whole, in ge ral supported goin p a floor in the mi e and bringing it do n on the e C hardt mad motion to table th' until March 10, Rohe Kjesbo se The motion the motion. by a vote of 5. A request for a final review of a proposed major exterior alteration, pursuant to Section 12 -7A- 12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a fractional fee club; a recommendation to the Vail Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Cade, to allow for a deviation from the total landscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 12' Filing_ Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George Ruther/Warren Campbell George Ruther gave a presentation per the staff report. Tom Braun and Mike Foster gave a presentation. He stated that George Ruther gave a good synopsis of the proposal and then summarized the changes to the project since the last meeting. Jeff Winston presented his memorandum regarding the proposal and stated that the building is a nice looking building. He stated that it is too bad that we can't do something to link the 3 buildings. He said the key to Vail's success is the pedestrian experience of Vail and it's not a city of monuments; it's a city of continuous experience. The question of what is the rule with sun /shade is answered by the fact that it shall not substantially increase. He said the current experience, even with the parking lots, is a very pleasant experience with the berms, landscaping, sun, etc. Jeff states that this proposal will substantially increase the shading on the street and on the pedestrian experience. In addition to shading, the proposal does not create the same sense of ins and outs at the VVI. The buildings at the VVI are turned on a 45 degree angle, which is very successful to adding variety and interest to the streetscape. He stated that there may be some areas where the building could get shorter to add to variety and this would add vitality to the Village, creating sun pockets. He said there was more movement in the fagade of the building by moving it further from the street, so that it doesn't entirely shade the street_ He said stepping the upper building back from the arcade, popping indentations into the fagade, and varying the stepbacks are the major issues identified. Jeff stated that the proposal does meet the street width recommendations of the master plans. Marilyn Fleischer stated she has lived here since 1962 and is not opposed to growth in the Town of Vail, but it needs to be in a safe, economical, and sensitive way. She stated that the proposal is not in keeping with the zoning, with respects to site coverage and setbacks. She said she doesn't want to come and go within a Talisman cave. She requests that the Sonnenalp abide by the 20 ft. setbacks, and provide safe and efficient access to the Talisman. Attachment; E 6 • 0 Approved 1127103 Fred Haynes, from the Talisman, stated that it was interesting to hear the comments with regards to the Four Seasons. He said the Talisman opened in 1070 and they have owners that have been there since it opened, so this is not a project which has turnover. He said they consider this a second home and that this is a residential property and that this should be taken under consideration when reviewing the proposal. He stated that the goals for the Sonnenalp are for profit only, however, the Talisman's interests are residential interests. All he is asking the PEC, is that they take into consideration their needs and that it is very important that they maintain the residential character of their building. He said they spent $118,000 on 3 different consulting groups to work out an agreement with the Sonnenalp and they looked at changing property lines, easements, etc. He said the Sonnenalp said that it was too difficult to continue working with the Talisman. He asked that the PEC to consider these 3 things: 1. That character is enhanced with a pedestrian - oriented development and if there are cars on Meadow Dr., it is not successful; 2. That the height of the building should consider the sun /shade impact; and 3. That the 20 ft. setback needs to be addressed, even If it means moving property lines. He said the PEC must now resolve these issues. He hopes that they support the Talisman as much as they support the Sonnenalp. Bill Amos, an owner within the Talisman, stated that he was the person who began working with the Sonnenalp, and he has realized how difficult it is to get 13 people to agree and that they have been thrown into a lifeboat on the sea of progress. He stated that there are overlapping issues, and that they are all in the same boat and need to work together. He stated that the Talisman must have access to their building and failure is not an option, so they have to work together. He believes that there is a solution and that he is willing to sit down and work on a solution. Larry Eskwith, representing the Talisman Condo Association, stated that he is giving the official Board position on the Sonnenaip proposal. He stated that there is no setback on the interior property lines. He stated that the PEC cannot grant a deviation from the 20 ft. setback, but he stated that he does not believe that the Sonnenalp can meet the criteria. He stated that staff did a very good job of identifying the issues with regards to the design and that the Talisman would like to see Meadow Dr. remain pedestrian, however, they do not have the ability to enforce this, as it would be through the Sonnenalp property. He said he is worried about the safety aspect of putting cars on Meadow Dr. and is also concerned about the shading on the decks of the restaurants across the street. Jim Lamont, Vail Village Homeowners Association, stated that this business of exactions is difficult. He would hate to see an attitude develop that heating the streets is a requirement of the developer and is heating of the streets an essential part of making the economic engine work better? Yes, if it would make business better, the lodging business would be better. He said he's an advocate for loading and delivery, but some public functions should be paid for by developers, some by the public, and some by sales tax. John Schofield said he wonders why this has to be a joint development of this Swiss Haus and stated that the Sonnenalp provides the best product in the valley. He said he was disappointed that the two parties can not work together, as it creates a lost opportunity and that a cooperative effort affords the Commission more flexibility in reviewing the application. George Lamb stated that he too is most disappointed that the two property owners can not work together. He said the most significant issue in his mind is the sun /shade and it must be addressed creatively. He addressed Jeff's comments and suggested stepping back the upper floors and to explore the land trade. He said the corners and angles of the property lines negatively impact the development of the sites. Rollie Kjesbo said the property lines are a solution to your problem and he will be hard pressed to approve a deviation to the setback lines, Gary Hartman stated that the line of communication between the two parties needs to be open and if they came in with a united front, it will make a better project for all involved. He said in looking at Meadow Dr., what is the urban context of this project? He said the pedestrian experience at the Swiss Haus is good, but the theme needs to continue at the Sonnenalp wing. He said regarding the street 7 Approved 1127103 context, that the elevations articulate the building, but more needs to be done on the push and pull of the environment, breaking it down into smaller pieces. He said the Swiss Haus side has more what he is looking for, but the Sonnenalp side needs to do more to pull back different elements. He asked what is going on with the shop fronts to make people stay in the arcade? He said if it is looked at as 2 40 separate projects, the setbacks are a huge issue (at the Talisman) and that no one will be happy with the decisions if they come in as 2 projects. He said, with regards to sun /shade, to bring an analysis of where the outdoor dining decks are, and how they can be protected. Doug Cahill stated that previous projects of the Sonnenalp are great and asked where do we stand now on site coverage and landscape area without the Talisman included in the project and do you need the Talisman for this project to work? He said the setbacks, with 2 separate projects, will be looked at and a 20 ft setback will be the minimum. He said there was too much of a straight fagade on the Sonnenalp and the encroachment into the 20 ft. setback along Meadow Drive is only on the first level. The other levels will respect the 20 ft. setback. Chas Bernhardt stated that they need to work together to make this project successful. He stated that he didn't believe that the Sonnenalp is purely profit driven and that they have a lot of pride in their product. He stated that the street enclosure and street width formulas area good guideline, but that on north -south oriented buildings, they are better. He said the sun on the decks and streets is an important element for why people come here. John Schofield stated that he would encourage everyone to read through the 1990 minutes that are in the memo. He stated that he would like to re -visit the stream walk discussion and feels that it is an important aspect of this proposal. He stated that they will have to address access for the Talisman and if the project stays as is, setbacks will be an issue. He said the setbacks at Meadow Drive will be an issue and he wants a sun shade analysis for a building setback 20 ft. at 48 ft. in height. He stated that if no agreement can be made, then look at a land swap, as it will be beneficial to both of you. He said, with regards to the flood plain, the Town has to look at the adopted FEMA study and to pester your senators. He said to spend money on mediators; not on planners and lawyers. Gary Hartman made a motion to table this until February 10, 2003. Rollie Kjesbo seconded the motion. The motion passed by a vote of 6 -0. 6. A /evelopment r ommendation to Vail Town Coun for the establish nt of Special D' trict No. 37, to allo for the redevelop nt of the Tivoli Lod located at 386 HRoad //Rutr Vail Village 5`n F ng Aobert er Peorge George ed an e staff emorandum. Jay P erson, representi the applicant, pre nted an overview the project. J f Winston present an overview of hi emo, with regar to this project. He ated that the roof tructure is very si ar to the discussio with the Four Sea ns and said that y can't mix the gable and gambrel roo Diane Milli ,manager of the mshorn, stated th they /beacc view, however, th have concerns out height and th want the density d heigding to the guideli s of the /cl e said they have c ^er ns regarding t #raffic imlly on Vail Valle rive. She ut the impacts lighting. t, Vail Villag omeowners, scat that they woisit the notic revisions. He sue of traffi on Vail Valley Dr %v remains an isse Town n ds to revisit what rop -off a olden Peak. M. 04110/2003 03:35 970-926 -7576 BRAIN ASSOCIATES PAGE 02 J.F. SATO AND ASSOCIATES Ar Consulting Engineers Project Managers & Planners 5858 So. Rapp St, * Littleton, CO 80120 • (303) 797 -1200 a FAX (303) 797 -1187 JF0247 October 28, 2002 Dominic F. Mauriello, AICP Braun Associates, Inc. PO Box 2658 Edwards, CO 81632 970 -92€ -7575 Dominic: Thank you for selecting J.F. Sato and Associates (JFSA) to deternxine the location of the 40 100 -year floodplain through the Town of Vail specifically focusing on the Sonnenalp Redevelopment. The approved floodplain through the Town, of Vail was mapped in 1981, Since 1981 the channel has become shallower and wider. However, the combination of these two events has left the 100 -year water surface elevations virtually unchanged. The exact location of the floodplain line has changed due shifting of the channel alignment over the years. The conditions in 1981 were verified and pre - and post- Sonnenalp Redevelopment conditions were analyzed. The analyses show changes in the floodplain between 1981 and pre - Sonnenalp Redevelopment and no change between pre - and post- Sonnenalp Redevelopment. Therefore, the proposed Sonnenalp .Redevelopment will have no impact on the 104 -year floodplain. There are however, two columns located within the floodplain that act as supports for upper levels of the structure. Although these columns will have no adverse affect on the floodplain it is our understanding the Town of Vail allows no building (columns included) within the floodplain, To simplify the floodplain review and approval process, an alternate design for these columns should be considered. Because the Sonnenalp Redevelopment does not alter the 100 -year floodplain no Letter of Map Revision (LOMB) is anticipated. Attachment: F 04/1012003 03:35 970- 926 -7576 BRAUN ASSOCIATES PAGE 03 Enclosed are more detailed maps and cross sections showing the revised location of the 100 -year floodplain as a result of changes in river conditions between the 1981 study and the pre- Sonnenalp redevelopment. Please call if you have any questions or concerns. My direct line is 303- 797 -1201 ext. 1125. Sincerely, ill Brenda Kurschner Project Engineer IF Sato and Associates 0 0 04110/2803 03:35 970- 926 -7576 BRAUN ASSOCIATES PAGE 04 40 Differences In Water Surface Elevations (WISE) 0 • 1981 to Pre - Sonnenalp River Station 1981 WSE ft Pre - Sonnenai WSE ft Change ft 25 8140.63 8140.63 0.00 26 8140.75 8140.75 0.00 27 8144.07 8144.37 0.30 28 8146.67 8147.29 0.62 28.5 8147.88 8147.28 -0.60 29 8148.57 8148.2 -0.37 29.5 8148.55 8148.55 0.00 Pre - Sonnenalp to Post Sonnenalp River Station Pre- Sonnenai WSE ft Post - Sonnenai WSE fi Chan aft 25 8140.63 8140.63 0.00 26 8140.75 8140.75 0.00 27 B144.37 8144.38 0.01 27.25 8145.02 8145.04 0.02 27.5 8145.22 8145.23 0.01 27.75 8146.03 8146.03 0.00 28 8147.29 8147.28 -0.01 28.5 8147.28 8147.28 0.00 29 8148.2 8148.2 0.00 29.5 8148.55 8148.55 0.00 04110/2003 03:35 970 -926 -7575 BRAUN ASSOCIATES PAGE 05 .J Dominic: Enclosed are the data and further details from our study of the 100 -Year floodplain of Gore Creek in the area of the Sonnenalp Redevelopment project. HEC -RAS was used to analyze the different conditions. Input data (base data) was taken from a 1981 hard copy of HEC -2 data obtained from FEMA. This HEC -2 data was converted to HEC -RAS and an output was generated. It is important to note that there is a small margin of error in taking hard copy HEC -2 data and converting it to electronic HEC -RAS data. The biggest error included in reproducing the water surface elevation data in this study was 0.07 fl. The elevations of the proposed Sonnenalp contours were lowered 4.23 ft. to match the datum used in 1981 floodplain study. Additional contours were taken from .1FSA's 1999 FEMA floodplain study for Gore Creek. They are 2' interval contours. Gore Creek cross sections were then generated by merging the Sonnenalp survey file with the 1999 floodplain study contour file. The locations of the 1981 river stations were determined by using the footbridge immediately upstream of the International Bridge as a base. It is our understanding that the location of this footbridge has not changed since the 1981 study was completed. The International or Willow Bridge has been reconstructed since the 1981 study, but because 40 the bridge is not part of the Sonnenalp project, the bridge sections were not altered. Three additional sections were added to the pre - and post - Sonnenalp Redevelopment runs at the recommendation of the Town of Vail. The location and number of the additional sections were determined by the Town, The locations are show on the existing and proposed Sonnenalp plan view maps. Conditions analyzed were 1981 for model verification and pre - and past- Sonnenalp Redevelopment. Enclosed in this submittal for each alternative are the following. • HEC -RAS output data including water surface elevations and velocity Cross sections of the channel • Plan view showing the floodplain line Since the 1981 floodplain study was completed, Gore Creek, within the project area, has become wider and shallower. However, the combination of these two occurrences has only altered the 100 -year water surface elevation a maximum of 0.64 ft. This maximum occurs at River Station 28 (see AutoCAD file for Station location and Excel Worksheets for enact water surface elevations). 0 04/10/2003 03:35 970- 926 -7576 0 • ILL 0 t� FL BRAUN ASSOCIATES y 0 PAGE 06 m4b cq 0 o O C O O O C7 T O # C7 C] C! C p �� I ° (boy b rn 00 a�{�6y cq 4 I'M1 ry C I� �j pp fg7p lq 0� pp T s€+]� (G •f IN IL} eQ� �Wp pOp }N. OD �!'J 9 a M �C('pQ�6 mNm r T pmt IS {°�. 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PAGE 21 • is • 04/1012003 03:35 970-926-7576 BRAUN ASSOCIATES PAGE 22 E • • c CL U. 20 . ........ ................. G. D a. OL is C c if U. Go r4 oo m Go cc a^o go (u) u0mala 04/10/2003 03:35 970-926-7576 BRAUN ASSOCIATES PAGE 23 ` c LL CL ---------- Lu Lu ILL co co co (74) U04SAG[a 0 0 |/ -04/10/2003 83:35 970-926-7576 BRAUN ASSOCIATES PAGE 24 0 7m . / 1 U. CL CL CL it LLI WL CD im cc (M) U008AGE3 04/1e/2e03 03:35 970-926-7576 BRAUN ASSOCIATES PAGE 25 • 0 7 -0 a c u- CL o.W GO ------------------ C3 as ------------- Lu Lu LL ....... ......._._..... «... «_........._ 1 — ----- . ...... lo N v co co rD co ca (U) WONAO13 • 0 7 04/10/2003 03:35 970-926-7576 BRAUN ASSOCIATES PAGE 26 I— L-1 CL LL ------------ cm E 0 ca 0 LL co o co 0 0 a (u) uowola • MEMORANDUM TO: Community Development Department FROM: Public Works Department DATE: April 9, 2003 RE: Sonnenalp Resort Comments 1. JF Sato i:loodplain study should be updated to reflect new changes in Pool area grading /walls etc... 2. Loading and Delivery: a. Must be provided within property b. Not in front setback c. All turning movements must be accommodated within the property. (i.e. backup & turn- around) d. The minimum bay size is 12x25, for this facility we will require 1- 12x5©, 2- 1205, plus hash_ Existing Loading delivery only provides ]- 12'x40', 2- 12'00'. After accommodating the 12'x 50' spot two way drive aisle is narrowed to 16', thus inadequate_ Please provide turning movements for trucks. Loading dock ramp is at 30% ! 3. PA Zone district requires a traffic mitigation of $50001 each net Pm peak trip. May be offset by improvements. Credit for additional loading. 4. Please provide an updated traffic study that corresponds to the numbers the Town of Vail uses for development projects. 5. Please provide a drainage study. 6. Please note that all valet spaces need to be accessible. Valet spaces must be a min. of 8x 18' (parallel should be 9'x20'), tandem parking is allowed. Without a staging area for moving cars around, no more then tandem parking will be allowed_ Currently the valet spaces only function when 6 cars are moved to get one. Currently there is no place to stage these 6 moved cars safely. 7. Show all grades, drainage and connections for parking structure drainage. A sand/oil separator will be required for the structure. 8. Show all existing storm sewer and where they daylight. Information on plan is incomplete. 9. Provide a utility relocation plan 10. Storm drain under building needs to be relocated and tied to system on Vail Rd. Shading of roadway will require drainage system to collect water quicker off the surface and be put into storm system. 11. Provide pedestrian easement along East Meadow Drive, within property. 12. Developer to incorporate Public Art needs to coordinate with AIPP. 13. Developer to incorporate streetscape improvements along entire frontage plus tie in beyond. Streetscape to match Town of Vail plan, improvements to include all work, drainage improvements, planter walls, lighting, street furniture, walls, pavements and heat if required etc... 14. Provide 30" sign easement. Final site plan to be consistent with and coordinated with the East Meadow Drive Streetscape design. 15. Lighting plan: Number of architectural light fixtures is excessive and inconsistent with the streetscape plans. Fixtures have exposed light source this will cause considerable glare. Applicant should consider having a professional lighting design and washing walls with concealed light source. Lighting of the street can be accomplished through the streetscape design. 16. Please show all proposed drainage, grading including landscape drains, roof drains etc. ..and where they are piped and daylighted to. Show proposed inlet elevations as well as inverts. A pan • shall be required along the west side of Willow Bridge Rd. to carry water to the bridge, an inlet may also be required- See drainage master plan. Attachment: G 17. A pan/curb profile will be required from the intersection of Vail Rd. to the limit of construction near Willow Bridge. This profile shall be consistent with the East Meadow Drive Streetscape plans. 18. Please show additional finished elevation shots and grades(x -slope and longitudinal) on sidewalks to confirm grading. 19. Show limits of disturbance line and provide construction fencing. 20. A PE designed Erosion and sediment control plan will be required along with a Storm water discharge permit filed with the CDPHE. 21. Provide a Construction agreement with the Talisman. 22. How will the deep excavations be supported as to not to impact Town or private property? 23. All two-way drive aisles in the parking structure shall have a min. 24' width. The western most parking spaces in the south aisle below the Swiss house will need adequate turnaround area, this drive aisle scales at 23.5', needs to be 24' in width. 24. light Pole directly in front of octagon should be relocated to relate architecture. 25. The relocated drop off area narrows two way drive aisle to 15', thus inadequate. Needs to be 24' drive aisle. 26. Talisman surface parking shall be accessed from the structure below. Only Fire access shall come off of East Meadow Drive. 27. Wall heights in Pool area exceed maximum height of 6'. Please redesign. The following is a summary of Public works conditions and assumptions: 1. Jf Sato and Associates will need to update the floodplain study and verify that their study dated Oct. 28h , 2002 is still applicable to the new updated plans. PEC approval for grading in the floodplain and a post construction survey will be required. Public works recommends that the floodplain line not encroach any further on the streamtract than the existing adopted floodplain line.. 2. The Sonnenalp has not met the Public Works loading and delivery requirements nor have they shown turning movements on the plans. This may result in a future recommendation of denial_ 3. Public Works recommends that all Talisman vehicular access is made from the underground parking structure and NOT from Meadow Drive. This may result in a future recommendation of denial. 4. The Sonnenalp has not submitted a preliminary drainage study that addresses location and size of an engineered drainage system to accommodate site drainage and East Meadow Drive drainage that currently crosses the site in an existing pipe. Failure to complete this study and show the resulting impacts results in a recommendation of a denial. 5. The Sonnenalp will be required to construct all public improvements within the southern and western one third of Town of Vail ROW on East Meadow Drive and Willow Bride Rd. and it will be coordinated and approved along with the Towns streetscape plans. 6. According to the plans the Sonnenalp will not have to relocate any utility lines that will impact off site improvements beyond the above mentioned construction limits. 7. All construction temporary(i.e. shoring) and permanent will be required to remain within the above mentioned construction limits. 8. All necessary permits will be acquired by the Sonnenalp prior to construction (i.e, ACOE, CDPHE Stormwater discharge permit, ROW permit, revocable ROW permit, etc...) 9. All necessary agreements and easements will be in place prior to construction. 10_ Comments 7 ,8,9,12,15,16,17,18,19,20,22,24 from above will be required to be addressed prior to DRB and or prior to Public Works Civil Drawings approval. 0 0 MEMORANDUM 0 • TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 14, 2003 SUBJECT: 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 size requirement for loading berths. Applicant: Town of Vail, represented by Greg Hall Planner: Allison Ochs I. SUMMARY The Town of Vail is proposing a text amendment to Section 12 -10 -9: Loading Standards, Vail Town Code, to amend the minimum size requirements for loading berths. Staff believes that the current standard which requires the minimum loading berth size to be 12 ft. wide by 25 ft. long by 14 ft. high to be inadequate when the size of delivery trucks continues to increase. The proposed amendment is discussed in Section II of this memorandum. The Department of Community Development is recommending approval of the text amendment in accordance with the findings in Section VII of this memorandum. 11. DESCRIPTION OF REQUEST The Town of Vail is requesting an amendment to the minimum loading berth size as prescribed by Chapter 12-10, Off - Street Parking and Loading, Vail Town Code. The current regulation requires loading berths to be a minimum of 12 ft. wide by 25 ft. long by 14 ft_ high. However, a recent loading and delivery vehicle size study conducted by the Public Works Department indicate that this size is no longer appropriate, given the size of trucks currently used for delivery. As a result, the Town of Vail is proposing an amendment to Section 12- 10-9: Loading Standards, Vail Town Code, to require larger loading berths. The amendment is proposed as follows: B_ Size: Each required loading berth shall be not less than twelve feet (12) wide, thirty -five feet (35) long, and if enclosed and /or covered, fourteen feet (14) high. Adequate turning and maneuvering space shall be provided within the lot lines. Loading berths may be required to have larger dimensions if necessary so there is not a negative impact on the public right - of -way, as determined by the Town Engineer. III. BACKGROUND 0 Section 12 -10 -9: Loading Standards, Vail Town Code, prescribes the following size requirements for all required loading berths: B. Size: Each required loading berth shall be not less than twelve feet (12) wide, twenty five feet (25) long, and if enclosed and /or covered, fourteen feet (14 ) high. Adequate turning and maneuvering space shall be provided within the lot lines. The American Association of State Highway and Transportation Officials (AASHTO) provides standards and information regarding truck sizes, turning radii, etc. The SU -30, is a single -unit truck of overall length of 30 ft. Generally, loading berths of 12 ft. by 35 ft. will accommodate SU -30 trucks. The SU -30 trucks are used for general deliveries and constitute approximately 78% of loading and delivery vehicles in the Town of Vail. The WB- 40 is a truck with a wheel base of 40 ft. and is generally 47 ft. in overall length. The W B -40 is used for larger deliveries, and is commonly used for food and beverage delivery, and constitutes approximately 20 % of loading and delivery vehicles in the Town of Vail. Generally, loading berths of 12 ft. by 50 ft. will accommodate WB -40 trucks. The WB -50 is a tractor - trailer truck with a wheel base of 50 ft. and is generally 55 ft. in overall length and constitutes approximately 2 % of loading and delivery vehicles in the Town of Vail. At this time, staff is not proposing to require loading and delivery to accommodate the WB -50 trucks. The use of these vehicles is rare and staging to accommodate these trucks are dealt with on a case by case basis. Staff has provided the AASHTO turning radii for the SU -30, W B -40, and the W B -50 truck, to illustrate the impacts of larger delivery vehicles. The diagram provided in Attachment A: Truck Turning Movement Comparison illustrates the areas and lengths required for these trucks to complete a 90 degree turn and fully straighten out. Staff has compiled a list of sample minimum standards for loading berths as prescribed by other communities. The information provides the following (dimensions given are "width by length by height "): DeKalb, IL— minimum size berth of 10 ft. by 65 ft. by 14 ft. Indian River County, FL— minimum size berth of 14 ft. by 30 ft. with minimum area of 250 sq. ft. maneuvering area contiguous to the berth. West Palm Beach, FL — minimum size berth of 10 ft. by 25 ft. (least intensive use) and 10 ft. by 50 ft. (larger, more intensive uses). Centralia, IL — minimum size berth of 12 ft. by 50 ft. by 14 ft. Hillsborough County, FL — minimum size berth of 12 ft. by 30 ft by 16 ft (local deliveries up to 213 of total berths required) and minimum of 12 ft. by 60 ft. by 16 ft. (semi - trailers). Fairfax, VA — minimum size berth of 12 ft. by 25 ft., but based on approval by the Director of Public Works according to use. Salinas, CA — minimum size berth of 10 ft. by 20 ft. by 10 ft. (least intensive use classification), 12 ft. by 35 ft. by 16 ft. (moderately intensive use), 12 ft. by 50 ft. by 16 ft. (most intensive use). Avon, CO — minimum size berth of 12 ft. by 35 ft. by 15 ft. Eagle County, CO --• minimum size berth of 10 ft. by 35 ft. by 14 ft., with a provision • for requiring larger berths at Board's discretion. Boulder, CO — minimum size berth of 500 sq. ft. with no single dimension smaller than 10 ft. Steamboat Springs, CO — minimum size berth of 12 ft. by 25 ft. by 14 ft., with a provision that berths may be required to be larger if necessary so there is not a negative impact on the public right -of -way. Frisco, CO — minimum size berth of 15 ft. by 30 ft. by 15 ft., with a provision that where semi - trailers trucks typically unload, the minimum size berth shall be 15 ft. by 60 ft. by 15 ft. Aspen, CO— no minimum size berth. Breckenridge, CO — no minimum size berth. Jackson, WY — minimum size berth of 12 ft. by 25 ft. by 14 ft. As is presented above, many communities have varying size requirements for loading berth spaces. The Town of Vail's current requirement of 12 ft. by 25 ft. by 14 ft. is generally less than is required by other communities. However, some communities, specifically Breckenridge and Aspen, have no minimum size requirements for loading berths. These communities indicated that their loading and delivery is dealt with through a series of alleys, which minimizes impacts to their public streets and pedestrian ways. The Department of Public Works has conducted numerous traffic counts and informal surveys throughout the past few years with regard to delivery trucks. These have been attached for reference (Attachments B through F). As indicated by these surveys, truck sizes have varied from 15 ft. vans to 53 ft. beer delivery trucks. Generally, the larger trucks have been making deliveries to eating and drinking establishments. To accommodate the demand for increasingly larger delivery vehicles, the Town of Vail has been requiring larger loading berths than the current requirement for 12 ft. wide by 25 ft. long berths in the Public Accommodation and Lionshead Mixed Use 1 zone districts, using the Zoning Regulations provision for the mitigation of development impacts as the impetus for such requirements. As the trend towards the use of larger delivery trucks continues, the Town of Vail staff believes that it is necessary to codify this requirement for all zone districts. Staff has appeared multiple times in front of the Planning and Environmental Commission with this request. At the January 24, 2003, the Planning and Environmental Commission directed staff to add a provision to grant deviations to the minimum loading berth size requirement, in addition to allowing the Planning and Environmental Commission the ability to require larger loading berths. There was additional discussion about adding provisions which would allow the Planning and Environmental Commission to grant exemptions from the loading requirements entirely. Section 12- 10 -16, Vail Town Code already provides for an exemption process, which allows the Town Council to grant an exemption from the loading requirements, subject to certain findings. Staff believes that this provision also applies for requiring smaller loading berths than required by code. In addition, the Zoning Regulations provides for a variance process which allows the Planning and Environmental Commission to review requests on a case by case basis. Chapter 12 -10, Vail Town Code, has been attached for reference (Attachment H). 3 IV. ROLES OF REVIEWING BODIES 0 Planningt and Environmental Commission: The Planning and Environmental Commission is responsible for forwarding a recommendation of approval /approval with conditions /denial to the Town Council of a text amendment. The Planning & Environmental Commission shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no Longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 5- Such other factors and criteria the Commission deems applicable to the proposed text amendment. Design Review Board: The Design Review Board has no review authority of a text amendment but must review any accompanying Design Review application. Town Council: The Town Council is responsible for final approval/approval with conditions /denial of a text amendment. The Town Council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 5. Such other factors and criteria the Commission and /or Council deem applicable to the proposed text amendment. 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. Staff provides a staff memo containing background on the property and provides a staff 10 10 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 (Title 12, Vail Town Code) The general purposes for Title 12 (Zoning Regulations) are described in Section 12 -1 -2, Vail Town Code. Applicable portions of this section include the following: A. General. These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public Chapter 12 -10: Off Street Parking and Loading, Vail Town Code, provides the following with regard to loading and delivery: 12 -10 -1: PURPOSE: In order to alleviate progressively or to prevent traffic congestion and shortage of on- street parking areas, off - street parking and loading facilities shall be provided incidental to new structures, enlargements of existing structures or conversion to a 0 new use which requires additional parking under this chapter. The number ofparking facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off - street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. Z To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 12 -10: Off Street Parking and Loading, Vail Town Code, provides the following with regard to loading and delivery: 12 -10 -1: PURPOSE: In order to alleviate progressively or to prevent traffic congestion and shortage of on- street parking areas, off - street parking and loading facilities shall be provided incidental to new structures, enlargements of existing structures or conversion to a 0 new use which requires additional parking under this chapter. The number ofparking spaces and loading berths prescribed in this chapter shall be in proportion to the need for such facilities created by the particular type of use. Off - street parking and loading areas are to be designed, maintained and operated in a manner that will ensure their usefulness, protect the public safety, and, where appropriate, insulate surrounding land uses from their impact. in certain districts, all or a portion of the parking spaces prescribed by this chapter are required to be within the main building in order to avoid or to minimize the adverse visual impact of large concentrations or exposed parking and of separate garage or carport structures- 12-10-9: LOADING STANDARDS: Standards for off - street loading shall be as follows: A. Location: All off - street loading berths shall be located on the same lot as the use served, but not in the required front setback. Off- street loading berths shall be provided in addition to required off - street parking and shall not be located within accessways. B. Size: Each required loading berth shall be not less than twelve feet (12) wide, twenty five feet (25) long, and if enclosed and/or covered, fourteen feet (14') high. Adequate turning and maneuvering space shall be provided within the lot lines. C_ Access: Accessways not less than ten feet (10') or more than twenty feet (20) in width shall connect all loading berths to a street or alley. Such accessways may coincide with accessways to parking facilities. Vail Transportation Master Plan In July of 2002, Washington Infrastructure Services, Inc., completed the "Vail Transportation Master Plan Update," which provided an update to the 1990 Transportation Master Plan. Specifically, the update addressed the following: • Vail Village Deliveries • Town Bus System • Trail System Interface • Peak Hour Traffic Volumes • Intersection Level of Service Analysis • Implementation Process • Plan Monitoring and Updating The update provided the following long -term recommendation with regards to loading and delivery: 7 Change current zoning code concerning required delivery space. The current zoning code requires delivery spaces to be 10 ft. by 25 ft., which is not adequate. Bars, restaurants, and hotels which require delivery of food and beverages should have one to two or more spaces, 12 ft. wide and 35 ft. to 50 ft. long. This would accommodate most delivery vehicles. The code should allow for required loading bays to be located in a nearby dispersed delivery tunnel. • 0 VI. CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12 -3, Vail Town Code (Ordinance No. 4. Series 2002). A. Consideration of Factors Regarding the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and The general purposes for Title 12 (Zoning Regulations) are described in Section 12 -1- 2, Vail Town Code. Applicable portions of this section include the following: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off - street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7 To prevent excessive population densities and overcrowding of the laird with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Staff believes that the proposed text amendment furthers these general and specific purposes of the Town of Vail Zoning Regulations. Staff believes that providing loading berths of a size adequate to accommodate the majority of truck delivery traffic in the Town will minimize impacts to the public right -of -way, which is where the 40 delivery trucks typically stage when loading facilities are not adequate. This will enhance pedestrian and vehicular safety, and protect the public welfare. The provision of adequately sized loading berths will also minimize the negative impacts of loading and delivery on adjacent properties. 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 Loading and delivery has been identified as a major concern and issue in the Town of Vail. The Transportation Master Plan and recent updates to the plan indicate that it is necessary to amend the minimum loading berth size to accommodate the mix of delivery vehicles in the Town of Vail. Staff believes that this amendment is compatible with the development objectives of the Town. Codifying the loading and delivery requirements will result in establishing clearer expectations for applicants, and iessen the need for negotiating the loading facility designs with developers. 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 As indicated in the attached delivery vehicle counts, the size of delivery trucks in the Town of Vail is generally exceeding the required loading berth capabilities. This leads to increased enforcement efforts, the need for greater coordination with 49 multiple departments, business owners, and delivery drivers, traffic congestion, and inconvenience for guests and residents of the Town. Staff believes that the existing minimum loading berth size is no longer appropriate or applicable and that this proposed text amendment will improve the loading and delivery capabilities of the Town of Vail- 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. The Town of Vail has already been requiring loading berths larger than the current code requires as part of the mitigation of development impacts in the Public Accommodation and Lionshead Mixed Use 1 zone districts. In addition, larger loading berths have been required in many special development districts. However, staff believes that to provide a harmonious, convenient, workable relationship among land use regulations, the size of loading berths should be increased in all zone districts. Staff has explored options for this text amendment, including a provision which would require loading berths for eating and drinking establishments to have minimum dimensions of 12 ft. wide by 50 ft. long by 14 ft. high and creating criteria which would allow the Planning and Environmental Commission to modify this requirement. However, staff believes that this is counter- productive to the development review process and creates an additional review step for applicants. In addition, staff has concerns about the physical impacts of requiring loading berths for all eating and drinking establishments to be 12 ft. wide by 50 ft. long by 14 ft. high. The impacts of requiring loading berths of this size and requiring that all truck maneuvering occur on -site include larger curb cuts, increasing the bulk and mass of buildings if loading and delivery is enclosed, additional surface parking and accessways, etc. As currently proposed, the Town Engineer could require larger loading berths if it is determined that there would be a negative impact to the public right -of -way with a loading berth of only 12 ft. wide by 35 ft. long by 14 ft. high_ As with any staff determination, if an applicant disagrees with the Town Engineer's assessment, the staff determination can be appealed to the Planning and Environmental Commission. Alternatives to modifying the minimum dimensions for loading berths could include limiting the size of trucks on certain Town of Vail streets. This limitation would eliminate large trucks on designated streets where there is a negative impact on public safety. However, there are other impacts to this alternative which staff has yet to measure (i.e. increasing delivery costs, increasing the number of truck trips, etc.) 5. Such other factors and criteria the Commission and /or Council deem applicable to the proposed text amendment. B. The Planning and Environmental Commission shall make the following findings before forwarding a recommendation of approval for of a text amendment: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Town Council for the proposed text amendment to Section 12 -10 -9: Loading Standards, Vail Town Code, to amend the size requirement for loading berths. Staff's recommendation is based upon the review of the criteria in Section VI of this memorandum and the evidence and testimony presented, subject to the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Q 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VIII. ATTACHMENTS A. Truck Turning Movement Comparison B. Count of Vehicles at P3 &J C. Count of Vehicles at Main Lodge and Checkpoint Charlie D. Vail Village Vehicle Mix E. Town of Vail Delivery Vehicle Survey and Results F. Delivery Vehicle Count — Vail Village and Lionshead G. Photos of Delivery Vehicles H. Chapter 12 -10, Vail Town Code I. design Controls and Criteria • • 10 Attachment: A a If' z n, oo >c X. o l Z Z w u'- n a Z F, O 4 O { c> w �. Z _ M f o o n x V) O z �U X O I - C U o M D� Z L I CA G+ V 1 0 �7 M a W a Co I,j L4 C o (o A o- M C I LA 1 N -i � Vehicles Entering at P3 &J Vehicle Type Budweiser Minivan Valley Honey Wagon garbage Christy Sports Miller Lite Budweiser Meadow Gold UPS Summit Laundry Olive Oil (Calabria) Jim's Formal Wear Spartan Gana White Truck Green Van American Linen Yellow Truck Michael Shea's Outback Builders White Pick -Up Christy Sports Qwest Breeze Ski Rental Van Red Bull Energy prink White Truck Summit Commercial Laundry USPS Time In Time Out Exit Location 8:17 8:32 Gore 8:24 8:24 Gore 9:25 9:31 Gore 9:32 11:22 Gore 9:32 11:32 Gore 9:40 9:54 Gore 9:42 9:54 Gore 9 :57 10:05 Gore 10:05 10:37 Gore 10:07 10:07 Gore 10:27 10:40 P3&J 10:43 11:46 Gore 10:52 11:02 Gore 11:51 12:23 Gore 11:58 1:22 Gore 12:00 12:02 Gore 1:23 1:58 Gore 2:25 3:03 Gore 2:49 2:56 Gore 3:12 3:31 Gore 3:17 3:42 Gore 3:31 3:42 Gore 3:53 3:53 Gore 4:51 4:56 Gore 10:54 12:38 Gore ' indicates ar6valldeparture during peak period Count Summary Statistics Average Truck Length Overall 25 Average Truck Length During Peak 30 Number of 18 ft Trucks 12 Number of 30 ft Trucks 11 Number of 35 ft Trucks 1 Number of 40 ft Trucks 1 Length (ft) 18 35 30 30 30 30 30 18 30 18 40 30 18 18 30 30 18 18 30 18 18 18 30 18 18 Attachment: g 0 • 40 Ol Attachment: C Vehicle Type Time in, Vehicles Entering Main Lodge and Checkpoint Charlie Enter Location Time Out Exit Location Service Lodge? Length (feel) Shamrock Foods 6:44 Checkpoint Charlie 8:30 Gore no 40 White Van 7:08 Lodge (Main) 7:15 Lodge (Main) main entrance 18 Italco Foods 7:25 Checkpoint Charlie 8:20 Gore no 30 BFI Garbage 7:32 Checkpoint Charlie 9:07 Gore no 25 Vail honey Wagon 7:40 Checkpoint Charlie 6 :16 Gore no 25 Sinton's Dairy 8:07 Checkpoint Charlie 8:26 Gore no 30 Coors Truck 8:09 Lodge (Main) 9:35 Lodge (Main) main entrance 30 Coors Truck 9:35 Checkpoint Chadie 10:38 Gore no 30 Budweiser Van 8 :10 Checkpoint Charlie 9:32 Gore no 18 Wine Truck 8:15 Lodge (Main) 8:35 Lodge (Main) main entrance 30 Wine Truck 8:35 Checkpoint Chadie 9:12 Gore no 30 BFI Garbage 8:20 Checkpoint Charlie 8:47 Hansen no 25 White Delivery Truck 8:20 Checkpoint Charlie 8:35 Willow Bridge Road no 30 Seattle Fish Co. 8:43 Lodge (Main) 8;58 Lodge (Main) main entrance 30 Seattle Fish Co. 8:58 Checkpoint Charlie 9:15 Gore no 30 Meadow Gold 8:45 Lodge (Main) 9 :10 Lodge (Main) main entrance 30 Meadow Gold 9:10 Checkpoint Charlie 9:35 Willow Bridge Road no 30 Sno -White LinerdUniform 8 :46 Checkpoint Charlie 9:30 Gore Creek Frontage stopped along Gore in front of lodge 18 Sno-White Linerililniform 9:30 Gore Creek Frontage 9:57 Gore no 18 National Velvet Dry Cleaners 8.47 Lodge (Main) 8:53 Lodge (Main) main entrance 18 National. Velvet Dry Cleaners 8:53 Checkpoint Charlie 9:00 Gore no 18 Miller Lite 8:47 Checkpoint Charlie 9:117 Gore Creek Frontage stopped along Gore in front of lodge 30 Miller Lite 9:07 Gore Creek Frontage 9:31 Gore no 30 Italco Foods 9:14 Lodge (Main) 9:24 Lodge (Main) main entrance 30 Blank While Van 9:29 Checkpoint Charlie 9:58 Gore no 30 Three Leaf Clover Truck 9:42 Lodge (Main) 9:55 Lodge (Main) main entrance 30 Gorsuch LTD White Truck 9:45 Checkpoint Charlie 11:11 Gore no 30 Three Leaf Clover Truck 9:55 Checkpoint Charlie 9:57 Gore no 30 American Linen 9:55 Lodge (Main) 11:27 Gore main entrance 18 Western Slope Laundry 9:57 Checkpoint Charlie 10:07 Lodge (Main) stopped along Gore in front of iodge 18 Blank White Truck (1636022) 10:00 Checkpoint Charlie 10:19 Gore no 30 Northeast White Truck 10:09 Lodge (Main) 11:05 Willow Bridge Road main entrance 30 Sintads Dairy 10 :10 Checkpoint Charlie 10:47 Gore Stopped along Gore in from of lodge 30 UPS 10:50 Checkpoint Charlie 2:01 Gore no 30 Sliler Designs 10:55 Checkpoint Charlie 11:07 Gore no 1 B GMC Savanna White Van 10 :57 Checkpoint Charlie 11:10 Gore stopped along Gore in front of lodge 18 White Vaal 11:04 Checkpoint Charlie 11:20 Willow Bridge Road no 18 UPS 11:11 Checkpoint Charlie 11:20 Willow Bridge Road no 30 Sirtc is Dairy 11:14 Checkpoint Charlie 11:30 Willow Bridge Road no 30 Vail Honey Wagon 11 :20 Checkpoint Charlie 11 :31 Gore no 25 White Truck (Penske) 11:29 Checkpoint Charlie 12:27 Gore no 30 Willow River Natural Cheese 11:47 Checkpoint Charlie 12:00 Willow Bridge Road no 30 RAC Transport 12:10 Lodge (Main) 12:15 Lodge (Main) main entrance 30 Beer Truck 1217 Lodge (Main) 12:22 Willow Bridge Road main entrance 30 Upholestry 12:22 Checkpoint Charlie 12:32 Willow Bridge Road no 18 Retriever Air Freight 12:35 Checkpoint Charlie 12:44 Willow Bridge Road no 30 American Linen 12:54 Checkpoint Charlie 1:15 Willow Bridge Road no 16 Troy Dry Cleaners 1:19 Checkpoint Charlie 1:21 Willow Bridge Road no 18 Florist 2:05 Checkpoint Charlie 2:22 Checkpoint no 18 UPS 2:12 Checkpoint Charlie 2:40 Willow Bridge Road no 30 UPS 2:18 Lodge (Main) 2:34 Willow Bridge Road main entrance 30 Floral Designs 2:42 Checkpoint Charlie 2:44 Checkpoint no 18 Plain White Pick -Up 3:03 Checkpoint Charlie 3:07 Willow Bridge Road no 18 Breeze Ski Rental Van 3:13 Checkpoint Charlie 3:20 Willow Bridge Road no 18 Red Bull Energy Drink 3:45 Checkpoint Charlie 4 :00 Willow Bridge Road no 18 Delivery Truck 4:25 Checkpoint Charlie 4:35 Checkpoint no 30 Delivery Van 4:25 Checkpoint Chadie 4:30 Checkpoint no 18 UPS 5:00 Lodge Main 5:09 Gore main entrance 30 in icates arrnrakideparture dunrrp peaM. period Count Summa_rv_Statistics Average Truck Length Overall 30 Average Truck Length During Peak 30 Number of 19 fl Trucks 20 Number of 25 fl Trucks 4 Number of 30 ft Trucks 33 Number of 35 It Trucks 0 Number of 40 it Trucks 1 , Attachment: D Figure 12 - Vail Village Vehicle Mix Vail Village Pedestdan Area Vehicle Mb( *E I 30% 4A 3% Az veiiae 4% V!tS Fcm--s6ft 2% - All Vehicles Delive truck. Sunday 599 ..... ..... 2% Monday 176 12% 17% r. 7% 1% ............. '24 1 L Deliveries to Vail Village v-q h ca.-Acrin nnri rIn' of the weep as 1AI'Mil -me k 4 hi I IJ .7 -'- -I Table 3, presents the Vail Village de-livery activity by f the week. y Table 3 - Daily Delivery Acthii '%Ve-mVvV �>,Sl-n zoal, 4-o 4� Total trips! into-th Day of the week: - All Vehicles Delive truck. Sunday 599 29 Monday 176 12% Tuesday 10% 178 12% Wednesday '170 17%, 306 21% Thursda'y -.�1176 17% 288 20% Friday :1279 19% 308 22% ISaturday -';1 223 18% 151 11 ITOtal 6858, 100% 1430 100% Tota( trips to the Village tend to be heaviest during Friday and Saturday, and lightest on Sunday. �However, delivery trips are light on Saturday and heaviest during Wednesday, Thursday, and Friday. These numbers indicate that limiting deliveries on Saturday and/or Sunday might be possible. Each trip is an in or out event at an entry of exit point in the Village. • 21 Attachment: E 02/27)2002 TOWN OF YAM Town of Vail - Vail Village Delivery Vehicle Survey Please Complete and Return to the Town of Vail Public Works Department at 1309 Elkhorn Drive Vail, Colorado 81657 or Fax 970 -479 -2166 —Attention Leonard Sandoval Date - Driver Name - Company Name — Size of Vehicle — (Circle one) Tractor - Trailer 18- wheeler Tractor Trailer 14 wheeler Tractor Trailer 10 wheeler Tandem Truck Single Axle Dual wheel Truck Van Other: Enter The Village Location — (Circle one) Overall Length Check Point Charlie Hanson Ranch Rd. Cross Roads Area Gore Creek Drive From East End ( Mill Creek Chute) 40 Approx. Time Enter /Arrive in Village- Approx. Time Exist/Complete Delivery in Village - How many times per week do you make a delivery Per week winter. Per week summer Staging areas — (Number in order of route from start to finish) If you perfer, use map on backside of page to show route and staging areas. Loading Zone on Gore Creek Drive in Front of Lodge of Vail. willow Bridge Rd North of Check Point Charlie Children's Fountain Area Intersection of Gore Creek Drive and Bridge Street Area Lower Bridge Street Bridge Street Hanson Ranch Rd. East of Silbert Circle (Top of Bridge Street) Hanson Ranch Rd. in front of The Christina Lodge Loading Zone Area near the Mill Creek Court Building Crossroads Area Comments- The Town of Vail is looking at ways to improve vehicle /pedestrians access within the Village core areas, Thank you, If you have any question, please call Leonard Sandoval at 970 - 479 -2198 �71 •I Cl W W W W Z C co W co W U) 0 0 ?1 'f7 TI TI 0 O cr CD W 3 a zs CD O cn O cn � N o a o =� CD CL m r- co e r. c (O CL �c e 5 m cc m w Q m v a. s= �� m a- ay a. 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C11 3 D�J < s� 0 @ @ @ @ @ @ @ m @ N @ Q @ 7 m O -R V V V A -* O 47 V V fD 00 0) -4 O O O O O O O W O O d O W d O O@ O O O O O O O d O O O 00 O d @ m 00 OD OD oo d O co co oD O co -1+ X o W w o ® o w w w w CO Cl o d C) o O O C) d d O d O a n n n n a T ° n a a n D n a 3 o @ V N N N W 0 � -4 V 0) � CD cn C. -I N N N W $ O � '4 `J C)'i CD �71 •I Cl / > f / . \ ƒ \ Cr k. w @ 7 2 E ƒ \ \ ƒ m ƒ E \ / e ° g 0 \ - k k g CL g E$ CL C c/ O m O» 9 \� \ g2 \2 \2 \2 ¢ K K e C C E £ 7 2 � 2 = _> 2 2 E £ m £ ƒ E E . \ ƒ \ \ E \ \ \ \ \ k - . _ � / / C - / / / / CD / X, $ / § � 7 $ / o 0 ƒ / o ƒ ƒ k k k \ 3 k � / / / ] m / / / / / / ¢ / A 2 Z 2 = 7 7 . m 0 i � C) k \ k \ \ k k / / S \ \ \ k k k � > > 2 2 7 2 2� f i a a A w a # E wc.r U Z LIVERY VEHICLE COUNT - VAIL VILLAGE f LIONSHEAD 12/2=000 Attachment: F VAIL VILLAGE 8:15 - 8:45 AM VEHICLES DESCRIPTION LENGTH TYPE TOTAL LENGTH VAIL HONEYWAGON 34' Tandem 2416" Single Axle 1 Ton AMERICAN LINEN 1T 8' Van SYSCO 29'6" Tandem ALLIANT 33' 3" Tandem BUDWEISER 19', 362", 2'9" Tractor Trailer I Single Axle 56.'l 1 VAN/ BAKERY 19' Van NATIONAL DISTRIBUTING CO. 25'2" Single Axie 1 Ton MEADOW MTN PLUMBING 23' Single Axle 1 Ton LI©NSHEAD 8:35 - 8:45 AM Tractor Trailer - 14 Wheeler 43' 6" NONE IN MALL AREA. 341511 Single Axle 12121/2000 VAIL VILLAGE 10 :45 - 11:00 AM WESTERN 39' 6 ", 15' 6" Tractor Trailer -10 Wheeler 55' 19' 5" Van AMERICAN LINEN 26' 3" Van AMERICAN LINEN 23' Van AMERICAN LINEN 15' Van SiTON'S 29'6" Single Axle BUDWEISER 53' Tractor Trailer - 10 Wheeler SYSCO 2917" Dual Axle Tandem BUDGET 23' 6" Single Axle RAC TRANSPORT 21' 3 ", 22'3" Tractor Trailer - 14 Wheeler 43' 6" PENSKE/ UPS 341511 Single Axle RYDER 33'6" Single Axle RYDER 33-61' Single Axle ALLIANT 33'2" Dual Axle Tandem GORSUCH 20' 10" Single Axle US POSTAL 16' 3" Van RENTX 30' Single Axle 7 t, it s� ,W-,Ik , rj A7 t, it s� ,W-,Ik , As •'RF�t7i3` - -'yi lie �r kr Y As •'RF�t7i3` - -'yi lie •! �R` �; ,F ,'� �. '. 12 -10 -1 Attachment: H CHAPTER 10 OFF STREET PARKING AND LOADING.. SECTION: 1.2 -10- 1: Purpose 12 -10- 2: Applicability 12 -10- 3: Existing Facilities 12 -10- 4: Additions Or Changes 12 -10- 5: Construction And Maintenance 12 -10- 6: Parking; Off Site And ,Joint Facilities 12 -10- 7: Standards; Authority To Adjust. -. 12 -10- 8: Parking Standards (Rep. by Ord. 22(1999) § 4) 12 -10- 9: Loading Standards - 12- 10 -10: Parking Requirements Schedules 12- 10 -11: Parking Schedule Applicability, 12- 10 -12: Credit For Multiple -Use Parking . Facilities 12- 10 -13: Loading Requirements Schedule 12- 10 -14: Loading Schedule Applicability 12- 10 -15: Credit For Multiple -Use Loading Facilities 12- 10.16: Exempt Areas; Parking Fund Established 12- 10 -17: Leasing Of Parking Spaces 12- 10-18: Variances 12- 10 -19: Core Areas Identified 12- 10 -20: Special Review Provisions 12- 10 -21: Parking Pay In Lieu Zones Established 12 -10 -1: PURPOSE: In order to alleviate progressively or to prevent traffic congestion and shortage of on street park- ing areas, off street parking and loading facilities shall be provided incidental to new structures, enlargements of existing struc- tures or a conversion to a new use which requires additional parking under this chap- ter. The number of parking spaces and loading berths prescribed in , this chapter - shall be in proportion to the need for such facilities created by the particular type of use. Off street parking and loading areas are .to be designed, maintained and operat ed in a manner that will ensure their useful- ness, protect the public safety, and, where.. appropriate, insulate..surrounding land uses from their impact. In. certain districts, all or a portion of the parking spaces prescribed,_ by this chapter are required to be within the main building in order to avoid or to mini- mize the adverse visual impact of large - co.ncentrations or exposed parking, an& :_of, separate garage or carport structures. (Ord. 26(1982) § 1: Ord. - 19(1976) § 12:, Ord.. 8(1973) § 14.100) 12 -10 -2: APPLICABILITY: Off street parking and loading space shall be provided for any new building, for any addition or enlargement of an existing build ing or for any conversion of .uses which requires additional parking under this chap- ter. (Ord. 26(1982) § 2: Ord. 19(19.76) § 12: Ord. 8(1973) § 14.200) 12 -10 -3: EXISTING FACILITIES: Off - street parking and loading facili- ties used for off street parking and loading on the effective date hereof shall not be reduced in capacity to less than the number of spaces prescribed in this chapter, or reduced in area or number to less than the minimum standards prescribed in this chap- ter. (Ord. 26(1982) § 3: Ord. 19(1976) § 12: Ord. 8(1973) § 14.201) December 2001 Town of Vail • 0 E E r 1 • 12 -10 -4 12 -10 -4: ADDITIONS OR CHANGES: For additions or enlargements of any existing building or change of use that would increase the total number of parking spaces required, the additional parking shall be required only for such addition, enlargement or change and not for the entire building or use. (Ord. 19(1976) § 12: Ord. 8(1973) § 14.202) 12 -10 -5: CONSTRUCTION AND MAIN- TENANCE: All off street parking and loading facilities required by this chap- ter shall be constructed and maintained in accordance with the minimum standards for such facilities prescribed by this chapter, and shall be maintained free of accumulat- ed snow or other materials preventing full use and occupancy of the facilities 1n accor- dance with the intent of this chapter, except for temporary periods of short duration in event of heavy or unusual snowfall. (Ord. 8(1973) § 14.300) 12 -10 -6: PARKING; OFF SITE AND JOINT FACILITIES: All parking and loading facilities required by this chap- ter shall be located on the same site as the use for which they are required, provided that the town council may permit off site or jointly used parking facilities if located with- in three hundred feet (300') of the use served. Authority to permit off site or joint parking facilities shall not exterid to parking spaces required by this title to be located within the main building on a site, but may extend to parking spaces permitted to be unenciosed. Prior to permitting off site or joint parking facilities, the council shall determine that the proposed location of the parking facilities and the prospective opera- tion and maintenance of the facilities will fulfill the purposes of this chapter, will be as December 2001 12 -10 -9 usable and convenient as parking facilities located on the site of the use, and will not cause traffic congestion or an unsightly concentration of parked cars. The council may require such legal instruments as it deems necessary to ensure unified opera- tion and control of joint parking facilities or to ensure the continuation of such facilities, including evidence of ownership, long term lease, or easement. (Ord. 8(1973) § 14.400) 12 -10 -7: STANDARDS; AUTHORITY TO ADJUST: Parking standards shall be those provided in title 14 of this code. The standards set out in title 14 of this code shall govern the design and con- struction of all off street parking and loading facilities, whether required by this chapter or provided in addition to the requirements of this .chapter. Minor adjustments of the dimensions prescribed in this chapter may be authorized by the administrator if consis- tent with generally recognized design stan- dards for off street parking and loading facilities. (Ord. 22(1999) § 3: Ord. 8(1973) § 14.500) 12 -10 -8: PARKING STANDARDS: (Rep. by Ord. 22(1999) § 4) 12 -10 -9: LOADING STANDARDS: Stan- dards for off street loading shall be as follows: A. Location: All off street loading berths shall be located on the same lot as the use served, but not in the required front setback. Off street loading berths shall be provided in addition to re- quired off street parking and shall not be located within accessways. Town of Vail 12 -10 -10 Use 'Theaters, meeting rooms, conference facilities Any use_not- listed 12 -10 -10 Parking Requirements 1.0 space per 165 square feet of seating floor area Parking requirements to be determined by the planning and environmental commission B. Schedule B applies to all properties outside Vail's "Commercial Core Areas" (as defined on the town of Vail core area parking maps I and 11, incorporated by reference and available for inspection in the office: of the .town clerk): Use Parking Re uirements Dwelling unit If gross residential floor area is 600 square feet or less: 1.5 spaces per unit If gross residential floor area is over 500 square feet up to 2,000 square feet: 2 spac- es per dwelling unit If gross residential floor area is 2,000 square feet or more per dwelling unit: 2.5 spaces per dwelling unit Accommodation unit (includes time- 0.4 space per accommodation unit, plus 0.1 share units, fractional fee units, and space per each 100 square feet of gross other forms of interval ownership units) residential floor area, with a maximum of 1.0 space per unit Banks and financial institutions 1 space per 200 square feet of net floor area Eating and drinking establishments 1 space per 1 -20 square feet of seating floor area Hospitals 1 space per patient bed, plus 1.0 space per 150 square feet of net floor area Medical and dental offices 1 space per 200 square feet of net floor area Other professional and business offices 1 space per 250 square feet of net floor area Quick- service food /convenience stores 1.0 space per each 200 square feet of net floor area for the first 1,000 square feet of net floor area: 1.0 space per 300 square feet for net floor area above 1,000 square feet December 2000 Town of Vu11 0 40 e • 12 -10 -9 B. Size: Each required loading berth shall be not less than twelve feet (12') wide, twenty five feet (25') long, and if enciosed and/or covered, fourteen feet (14') high. Adequate turning and maneuvering space shall be provided within the lot lines. 12 -10 -10 C. Access: Accessways not less than ten feet (10') or more than twenty feet (20') in width shall connect all loading berths to a street or alley. Such accessways may coincide with accessways to parking facilities. (Ord. 26(l 982) § 5: Ord. 8(1973) § 14.502) 12- 10 -10. PARKING REQUIREMENTS SCHEDULES: Off- street parking requirements shall be determined in accordance with the following schedules: A. Schedule A applies to properties within Vail's "Commercial Core Areas" (as defined on the town of Vail core area parking maps I and 11, incorporated by reference and available for inspection in the office of the town clerk): Use Cweliing unit Accommodation unit (includes time- share units, fractional fee units, and other forms of interval ownership units) Hotels with conference facilities or meeting rooms Banks and financial institutions Eating and drinking establishments Medical and dental offices Other professional and business offices Recreational facilities, public or private Retail stores, personal services and repair shops Parking Requirements 1.4 spaces per dwelling unit 0.7 spaces per accommodation unit 0.7 spaces per accommodation unit, plus 1.0 space per 330 square feet of seating floor area devoted to conference facilities or meeting rooms 3.7 spaces per 1,000 square feet of net floor area 1.0 space per 250 square feet of seating floor area; minimum of 2 spaces 2.7 spaces per 1,000 square feet of net floor area 2.7 spaces per 1,000 square feet of net floor area Parking requirements to be determined by the planning and environmental commission 2.3 spaces per 1,000 square feet of net floor area Town of VaU December 2000 12 -10 -10 12 -10 -12 Use Parking Reouirements . Recreational facilities, public or private Parking requirements to be determined by the planning and environmental commission Retail stares, personal servi.c,es and 1 space per each 300 square feet; of net repair shops floor area Theaters, meeting rooms, convention 1 space per 120 square feet of seating floor facilities '' area Any use not listed Parking requirements to be determined by the planning and environmental commission (Ord. 9(2000) 5'2: Ord. 26_(l 982) §,6: 4rd. 8(1973) § 14,601) 12- 10 -11: PARKING SCHEDULE APPLI- CABILITY: Where fractional, requirernents result from application of the schedule; the fraction shall be raised to the' next whole number. (Ord. 50(1978)_§ 10).__ 12- 10 -12: CREDIT FOR MULTIPLE -USE PARKING FACILITIES: Where a single parking facility serves more:` than' one -use, the total parking requirement for all uses may be reduced in accordance with the following schedule: Total Requirement Permitted Reduction Determined Per To Determine Multiple Section 12 -10 -10 Use Parking Requirement 1 to 100 spaces No reduction 101 to 200 spaces 2.5 percent 201 to 300 spaces 5.0 percent 301 to 400 spaces 7.5 percent 401 to 500 spaces 10.0 percent 501 to 600 spaces 12.5 percent 601 to 700 spaces 15:0 percent 701 to 800 spaces 17.5 percent 801 to 900 spaces 20.0 percent 901 to 1,000 spaces 22.5 percent Over 1,000 spaces 25.0 percent (Ord, 8(1973) § 14.603) December 2000 Torun of Vail s • 0 • 12 -10 -13 12 -10 -15 12- 10 -13: LOADING REQUIREMENTS SCHEDULE: Off- street loading requirements shall be determined in accordance with the following schedule: Use Lodges with over 10,000 square feet total floor area, including accessory uses within the lodge Multipie- family dwellings with over 20,000 square feet gross residential floor area Professional and business offices, banks, and financial institutions with over 10,000 square feet total floor area Retail stores, personal services, repair shops, eating and drinking establishments and all other commercial or service uses with over 2,000 square feet total floor area Any use listed as a conditional use Any use not listed, if such use required the recurring receipt or distribution of goods or equipment by truck (Ord. 8(1973) § 14.701) 12- 10 -14: LOADING SCHEDULE APPLI- CABILITY: Where fractional requirements result from application of the schedule, the fraction shall be raised to the next whole number. (Ord. 50(1978) § 10) December 2000 Loading Reauirement 1 loading berth for uses up to 75,000 square feet total floor area, plus 1 additional berth for each 25,000 square feet total floor area in excess of 75,000 square feet 1 loading berth for uses up to 100,000 square feet gross residential floor area, plus 1 additional berth for each 50,000 square feet gross residential floor area in excess of 100,000 square feet 1 loading berth 1 loading berth for uses up to 10,000 square feet total floor area, plus 1 additional berth for each 5,000 square feet total floor area in excess of 10,000 square feet Leading facilities requirement to be deter- mined by the town council as a condition of the conditional use permit, but not less than the comparable requirement prescribed above 1 loading berth, plus additional berths pre- scribed by the town council upon determi- nation of need 12- 10 -15: CREDIT FOR MULTIPLE -USE LOADING FACILITIES: Where a single off- street loading facility serves more than one use, the number of off - street loading berths may be reduced in accor- dance with the following schedule: Town of Vail 12 -10 -15 12 -10 -16 II Total Requirement Reduced, .� or benefit is not conferred on similarly Determined Per Requirement, With situated properties elsewhere in the Section 12 -10 -13 Multiple Use town. 1 berth 1 berth. 3. That the exemption will not be detri- 2:berths 1 berth mental to adjacent properties or im- provements in the vicinity of -the area 3 berths 2 berths to be exempted. 4 berths 2 berths 4. That suitable and adequate means will exist, for provision'-of public, com- I 5 berths- 3 berths munity, group or common parking facilities; for provision of adequate 6 berths 3 berths loading facilities and for a system for distribution and pick up of goods; and 7 berths 4 berths, for financing, operating and maintain- ing such facilities; and that such par k- ; $ berths 4- bert 5 in 9, loading a n d distribution facilities shall be fully adequate to meet the 9 or more berths 5 berths existing and projected needs generat- ed by all uses in the area to be ex- (Ord. 8(1973) § 14.703) empted. B. Parking Fund: For projects located 12- 10 -16: EXEMPT AREAS; PARKING within the town's "Parking Pay -in- Lieu" FUND- ESTABLISHED: zones (as identified on the town's official "Parking . Pay -in' -Lieu zone" A. Criteria: The town council by resolu- maps, incorporated by . reference) tion may exempt certain areas from property owners or applicants shall be the off street -parking and . loading required to contribute to the town requirements of this chapter if alterna- parking . fund, hereby established for tive means will -meet the off street the purpose of meeting the demand parRing and loading needs of .all.uses and requirements for vehicle parking in the area. Prior to exempting any to the extent outlined in applicable area from the off street. parking and master plan documents and the zon- loading requirements, the council shall ing regulations. At such time as any determine the following: property owner or other applicant proposes to develop or redevelop a 1. That the exemption is in the inter- parcel of property within an exempt ests of the area to be exempted and area which would require parking in the interests of the town at large. and /or loading areas, the owner or applicant shall pay to the town the 2. That the exemption will not confer parking fee hereinafter required: any special privilege or benefit upon properties or improvements in the 1. The parking fund established in this area to be exempted, which privilege section shall receive and disburse December 2001 Town of Vail • • 12 -10 -16 funds for the purpose of conducting parking studies or evaluations, con- struction of parking facilities, the maintenance of parking facilities, the payment of bonds or other indebted- ness for parking facilities, and admin- istrative services relating to parking. 2. The parking fee to be paid by any . owner or applicant shalt be deter- mined by the town council. 3. If any parking funds have been paid in accordance with this section and if subsequent thereto a special or gen- eral improvement district is formed and assessments levied for the pur- pose of paying for parking improve- ments, the payor shall be credited against the assessment with the amount previously paid. 4. The parking fee to be paid by any owner or applicant is hereby deter- mined to be eighteen thousand five hundred ninety seven dollars eighty cents ($18,597.80) per space for resi- dential uses (including, but not limited to, accommodation units, time shares and fractional fee units). There is no pay in lieu fee for commercial uses. This fee shall be automatically adjust- ed annually by the percentage the consumer price index of the city of Denver has increased or decreased over each successive year. 5. For additions or enlargements of any existing building or change of use that would increase the total number of parking spaces required, an addi- tional parking fee will be required only for such addition, enlargement or change and not for the entire building or use. No refunds will be paid by the town to the applicant or owner. 12 -10 -17 6. The owner or applicant has the option of paying the total parking fee at the time of building permit or paying over a five (5) year period. If the latter course is taken, ' the first payment shall be paid on or before the date the building permit is issued. Four (4) more annual payments will be due to the town on the anniversary of the building permit. Interest of ten percent (10 %) per annum shall be paid by the applicant on the unpaid balance. If the owner or applicant does choose to pay the fee over a period of time, he or she shall be required to sign a promissory note which describes the total fee due, the schedule of pay- ments, and the interest due. Promis- sory note forms are available at the offices of .the department of communi- ty development. 7. When a fractional number of spac- es results from the application of the requirements schedule (section 12 -10 -10 of this chapter) the parking fee will be calculated using that frac- tion. This applies only to the calcula- tion of the parking fee and not for on site requirements. (Ord. 4(2001) § 2: Ord. 3(1999) §,11: Ord. 10(1994) § 1: Ord. 6(1991) § 1: Ord. .30(1982) § 1: Ord. 47(1979) § 1: Ord. 8(1973) § 14.800) 12- 10 -17: LEASING OF PARKING SPAC- ES: A. General: No owner, occupant or build- ing manager, or their respective agent or representative, shall lease, rent, convey or restrict the use of any park- ing space, spaces or area to any per - son other than a tenant, occupant or December 2001 Torun of Vui1 J?-.10-17 user of� the . building for which the _ space, spaces or area are required to be provided by the zoning ordinances or regulations of the town except as Y may be specifically.,.providecl in:,_this section. c B. Lease. Qualifications; Application , To Lease: A. parking space, spaces . or areas may be leased by the. owner, occupant or building manager thereof { in accordance with the following, 1. Any owner, occupant or _building manager who owns, occupies or man - ages ten (10) or more. private parking spaces located in commercial core 1, commercial core 2, commercial core- .3, high density multipie- family, public accommodations, Lionshead . mixed use 1, Lionshead mixed use 2- or spe- cial development zone districts and provides sufficient _parking for use by employees may apply to the adminis- trator of the town for a permit to lease parking spaces. 2. Application shall be made on a. form _ Provided. by. the administrator and upon approval. of the application by the administrator a leasing permit shall be issued with or without condi- lion as determined by the administra- tor. If the town. staff determines that the lease proposal. results in a visual impact to surrounding streei;s or prop- erty, the administrator may condition the approval with a requirement that the applicant install landscaping on the site to improve the visual appear- ance of the parking area. If said pri- vate parking spaces are located on the common area or grounds of any condominium project, written approval of the condominium association (if Town of Vail 12 -10 -17 any) will be required on this applica- tion. 3. The administrator may request that an applicant- conduct a parking utiliza- lion study to determine the difference between the average `capacity of the lot and the peak day utilization, and such other information as may be necessary. for the proper consideration of the application. 4. The proposed lease agreement shall be for the period of not less than one month nor greater than twelve (12) months. When requested, the administrator may extend the lease agreement for an additional twelve (12) months so long as the conditions relating to the parking spaces have not significantly changed. Any _ appli- cant wishing for an extension to an established ..lease agreement, must submit an application to the-adminis- trator no later than two (2) weeks prior to the termination of the existing ap- proval. 5. No applicant shall be permitted to lease more than sixty percent (60 %) of the parking spaces which is the difference between the average ca- pacity of the lot and the peak day utilization as determined by the ad- ministrator. 6. No applicant who is operating a private parking area charging an hour- ly fee on the effective date hereof shall be eligible for approval of his or her application. 7. Parking required for any use in accordance with this title may not be satisfied by the leasing of space from December 2001 • E • 12 -10 -17 another person under the provisions of this section.. 8. It shall be the responsibility of the owner, occupant or building manager who has leased spaces to others to provide adequate and proper signs therefor and to see that the leased spaces are used and occupied in accordance with the lease agreement. 9. Leasing shall be permitted for short term parking only, and shall be prohib- ited for long term storage of vehicles by individuals or companies. 12 -10 -20 12- 10 -20: SPECIAL REVIEW PROVI- SIONS. Notwithstanding the provisions of section 12 -10 -18 of this chap- ter, the planning and environmental com- mission may approve a reduction to the number of required spaces specified in section 12 -10 -10 of this chapter, provided a report documenting the presence of unique parking characteristics is provided by a qualified consultant and the following find- ings are made by the planning and environ- mental commission: A. The parking demand will be less than the requirements identified in section 12 -10 -10 of this chapter; and 10. Car rental agencies may lease parking spaces only in the CC3 zone B. The probable long term use of the district, and shall be limited to a maxi- building or structure, based on its mum of fifteen (15) parking spaces design, will not generate additional per site. Each site may be allowed a parking demand; and maximum of one lease for a car rental agency. (Ord. 3(1999) § 5: Ord : C. The use or activity is part of a demon - 47(1991 ) § 1: Ord. 31(1985) § 1: Ord. strated permanent program (including, 34(1977) § 1) but not limited to, "rideshare" pro- grams, shuttle service, or staggered work shifts) intended to reduce park - 12- 10 -18: VARIANCES: Variances from ing demand that has been incorporat- the provisions of this chapter ed into the project's final approved shall follow the procedures set forth in development plan; and chapter 17 of this title. (Ord. 9(2000) § 3: Ord. 50(1978) § 11) D. Proximity or availability of alternative modes of transportation (including, but not limited to, public transit or shuttle 12- 10 -19: CORE AREAS IDENTIFIED: services) is significant and integral to Tables 1 and 2 (core area park- the nature of the use or business ing maps I and 11, respectively attached to activity. ordinance 15, series of 2400, and available for inspection in the office of the town clerk) In reaching a decision, the planning and shall be used to identify properties within environmental commission shall consider Vail's commercial core areas for parking survey data submitted by a qualified trans - purposes. (Ord. 15(2000) § 1: Ord. 9(2000) portation planning or engineering consul- § 4) tant. Projects under "special review" are subject to additional scrutiny by the plan - ning and environmental commission after development plan approval if it is deemed December 2041 Town of Vail 12 -10 -20 12 -10 -21 necessary to verify continued compliance with the above listed criteria. The maximum allowable reduction in the number of re- quired spaces shall not exceed twenty five percent (25 %) of the total number required under section 12 -10 -10 of this chapter. (Ord. 9 (2000) § 5) 12- 10 -21: PARKING PAY IN LIEU ZONES ESTABLISHED: The "Parking i:. Pay -in -Lieu Zone" maps (attached to ordi- nance 4, series of 2001, and available for inspection in the office of the town clerk) shall be used to identify properties within the parking pay in lieu zones referenced in section 12 -10 -16 of this chapter. Properties will be required to comply with the amended program upon demolition /rebuild. Properties not included in the pay in lieu zones may apply to the planning and environmental commission for review if the provision of on site parking on the property would circum- vent relevant objectives of applicable mas- ter plan documents including, but not limit- ed to, parking, pedestrian ization, and vehi- cle penetration elements. (Ord. 4(2001) § 3) December 2001 Town of Vail • • s V me S a xa �� x � � 'a ' a :ro ;n Y C " m M x eW I q� 1 / 0 S a 0 C 4 �••�. /• 1 � f NXM@ S eN�'6fVEY p'J.HY�YN:.!aCtt�.9'.z _ VAIL AD AK qK CFVLET RD 5 YMy� �i i x r t 0 u � r w I 9 Q° v 0 0 C 4 CD =r i�li \l i CD Z 2) 9 Q° v Iwo kL bl, 1A i4�lqll� id ie O RI LYJ i I -1 if 2 0 0 CD E, (D CD 77 A) S. CL La 13 ire • s. CD (D Iwo kL bl, 1A i4�lqll� id ie O RI LYJ i I -1 if 2 0 0 CD E, (D CD 77 A) S. CL La 13 ire • Attachment: I w a y :r aob p0,, p b can q .�+ pq L" w •� 9 U N U N to 1-.'� .U,. 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I -3 � Cc m xwDP ��r7r 4 It • 0 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 14, 2003 SUBJECT: 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 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`h 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'h 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 I. SUMMARY The applicant, Vail Resorts Development Company, represented by Jay Peterson, has requested a worksession with the Planning and Environmental Commission to discuss the proposed plans for the development of Vail Park (Lot P3 & J). The purpose of the meeting is to allow the applicant to present the proposed plans for Vail Park, discuss the application required to facilitate the development of Vail Park, and to allow the Commission, Staff, and community members to provide feedback and input to the applicants on the proposed applications. U II. DESCRIPTION OF THE REQUEST . The applicant, Vail Resorts Development Company (VRDC), represented by Jay Peterson, has requested a worksession with the Planning and Environmental Commission to discuss the proposed plans for the development of Vail Park (Lot P3 & J). The purpose of the meeting is to allow the applicants to present the - proposed plans for Vail Park, discuss the application required to facilitate the development of Vail Park, and to allow the Commission, staff, and community members to provide feedback and input to the applicants on the proposed applications. The review of the development plans for Vail Park requires the review of several different applications. In order to facilitate the development of Vail Park the applicant has submitted the following applications to the Town of Vail Community Development Department: 1. A major subdivision of Lots P3 & J, Vail Village First Filing. 2. A rezoning of the development site from Public Accommodation (PA) zone district to Parking (P) district. 3. A conditional use permit application to allow for the development of a "public park and recreational facilities ". 4. A conditional use permit to allow for the development of a "private off - street vehicle parking structure ". Vail Park is proposed to be a development on a vacant parcel in Town referred to as Lot P3 & J. The development site is located between Hanson Ranch Road and Gore Creek Drive east of the Mill Creek Court Building and west of the Villa Valhalla Condominiums. The development site includes Lots P3 &J and a portion of the Town's right -of -way. A vicinity map of the development site and surrounding area has been attached for reference (Attachment A). The key elements of Vail Park include: • The creation of a new, passive recreation, neighborhood park in Vail Village- • The removal of the existing on- street loading /delivery area along Hanson Ranch Road and Gore Creek Drive through the creation of a new underground, four bay loading /delivery facility. • The accommodation of short -term skier drop along Hanson Ranch Road. • The construction of a 93 space, private off street parking structure. • The replacement of 7,610 square feet of a surface level, gravel parking lot with a paved 26 space (7,610 sq. ft.) parking lot. • The implementation of the recommended Town of Vail Streetscape Master Plan improvements around three -sides of the development site. A complete description of the proposal and a set of reduced plans have been attached for reference (Attachment B). 2 III. BACKGROUND On January 6, 2003, the applicant submitted 13 development applications to the Town of Vail Community Development Department to facilitate the development of Vail's Front Door project. To date, the applicant and Town have initiated the development review process of several of the applications_ Those applications already under consideration include a request to amend the Vail Land Use Plan and the Vail Village Master Plan, and a request to amend the Town of Vail Zoning Regulations through the creation of a new zone district; Ski Base Recreation 2 (SBR2). IV. DISCUSSION ISSUES A. Steps in the Development Review Process As previously mentioned, the development review process for this proposal includes a major subdivision of Lots P3 & J, Vail Village First Filing, the rezoning of the site from Public Accommodation zone district to Parking zone district, and the review of a conditional use permit to allow for the construction of a "public park and recreational facilities" and a "private off - street vehicle parking structure ". It is anticipated that following this worksession meeting, the applicant will make any necessary revisions to the proposal and return to the Planning and Environmental Commission at a later date for final review and recommendation of action to the Vail Town Council. Prior to appearing again before the Planning and Environmental Commission for final review and recommendations, the applicant will go before the Vail Town Council on May 6, 2003, with a formal request to proceed through the development review process. An approval to proceed through the development review process is required as the applicant is proposing various improvements on Town of Vail owned land. The Planning and Environmental Commission has two different roles in reviewing this development review application. First, the Commission is in a final decision- making role with regards to the conditional use permit requests. Second, the Commission will act in an advisory role to the Vail Town Council on the request for a major subdivision and the rezoning applications. The Design Review Board is responsible for approval of the proposed landscape plan and building design. What questions, if any, does the Commission have regarding the necessary steps required in the development review process? B. Removal of the Existing LoadinglDelivery Area from Hanson Ranch Road. Ir � J The applicant is proposing to relocate the existing loadingidelivery area from Hanson Ranch Road and replace it with four new enclosed bays. The loading /delivery area would be relocated inside the new parking structure. The four new bays include two bays 12' x 24' in size to accommodate delivery vans, and two bays 12' x 40' in size to accommodate larger delivery trucks (i.e., beverage truck). Once the loadingldelivery area is relocated, the applicant is proposing to construct a dedicated skier drop -off area in the previous location of the loading /delivery area on Hanson ranch Road. The new skier drop -off area is intended to accommodate the drop -off activity that already occurs in that part of Vail Village. The short -term skier drop -off area is designed to accommodate three cars at a time. The new drop -off is located entirely within the Town's right -of -way. The peak periods of use would be in the mornings and afternoons throughout the ski season. Should the loadingidelivery area on Hanson ranch Road be relocated within the new parking structure? If relocated, should a new skier drop -off area be constructed on Hanson Ranch Road? If constructed, the drop -off area will be used in the winter to accommodate skiers. How should it be used outside of the ski season? Should it be used for parking? Should it be used for loading /delivery in the off - season? How should enforcement be addressed? What are the positive benefits to the Town? What, if any, are the unintended consequences? • C. Loading and Delivery Operation The enclosed loading /delivery area requires thoughtful management and coordination to ensure the success of the facility. At this time, the applicant has not yet determined the operational plan. Some of the operational questions include: Who uses the facility? What are the hours of operation? Who shat! maintain the facility? Is there a cost to the delivery drivers to use the facility? Who shall manage the operation? What happens when all the delivery bays are occupied? Where do the waiting delivery trucks queue? Is there a door to the delivery area? If so, how does the door operate? How are use violations handled? What about matters of security? Should the management be conducted by a private party? How is vandalism prevented inside the structure? Who maintains the elevator? Should a fee be assessed for use of the facility to off set operating expenses? Who pays the fee? What role does the merchant community have in the operations? Are there additional issues that the Commission foresees that will need to be addressed prior to final approval? What recommendations does the Commission have to the Town Council with regard to the Town's role in the operation of the loadingldelivery facility? 4 N 0 D. Submittal Information The applicant has submitted a complete application for the review of the proposed development review applications. All of the materials will be made available to the Commission at the time of the final review. The materials that have been submitted are those items specifically listed on each of the respective development review applications. According to the submittal requirements, the Commission may request additional information that they feel is necessary to properly evaluate the request. What additional information, if any, does the Commission wish to evaluate prior to final review of this proposal? V. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission listens to the applicant's and staff's presentations and engages in a discussion regarding the project. As this is only a worksession, staff will not be making a formal recommendation at this time. Staff will, however, make a formal recommendation on the proposal at the time of the final review. VI. ATTACHMENTS is A. Vicinity Map B. Description of the proposal and a reduced set of plans, dated April 14, 2003 • 5 ATTACHMENT A 9 Flo IV. PROJECT REVIEW CRITERIA The Town has adopted numerous ordinances, review procedures and criteria to be used in evaluating development proposals such as Vail's Front Door_ This chapter includes the review criteria to be used for each of the development applications that have been submitted for the project. In addition to these criteria, analysis of the proposed project's compliance with each of these criteria is also provided. With regard to re- zoning and subdivision requests, reference should be made to the Zoning/Subdivision Map at the end of the chapter. A. Lots P3 &J Development plans for P3 &J involve requests for subdivision, re- zoning, and conditional use permits. These criteria are required to be addressed by the Planning and Environmental Commission and Town Council prior to taking action on these applications. Refer to subsection 11, B, 5 for a detailed description of development proposed for Lots P3 and J. Minor Subdivision -- To consolidate parcels, vacate r.o.w. and create new r.o.w. The burden of proof shall rest with the applicant to show that the application is in compliance with the intended purpose of Title 13, Chapter 4, the zoning ordinance, and other pertinent regulations that the PEC deems applicable. Due consideration shall be given to the recommendations by public agencies, utility companies and other agencies consulted under Section 13- 3- 3 -3.C. The PEC shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, effects on the aesthetics of the Town, environmental integrity and compatibility with surrounding uses. Analysis: The proposed re- subdivision of Lot P3 and J will correct a long - standing error that occurred when the road connecting Hanson Ranch Road and Gore Creek Drive was constructed outside of the Town's road right- of-way. A new right -of -way will be created in the location of the existing road. Additionally, the proposed re- subdivision will consolidate the two lots to allow far the redevelopment of the site. The site will go from a low quality surface parking area to a high quality and aesthetically pleasing structured parking area and public park. The proposal will not have adverse impacts on the environment as evidenced in the Environmental Impact Report submitted with the applications for this site. The proposed use will be more compatible with the surrounding uses than the existing use due to the addition of a public park space and substantial landscape /pedestrian improvements. VAIL'S FRONT DOOR TOV Development Submittal ATTACHMENT B Ed Re- zoning — To re -zone Lot J from Public Accommodation to Parking 0 a. Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the }Manning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: (1) The extent to which the zone district amendment is consistent with all 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: Section VI of this document outlines all of the goals and policies implemented or which provide support for the proposed rezoning and proposed development plan for the P3 and J site, The proposed rezoning specifically implements the Vail Village Master Plan Sub -Area policy 7 -1 which states that development of this site should be restricted to parking and other public purpose uses. The proposed rezoning and proposed development plan is consistent and compatible with the Vail Comprehensive Plan and the Town's development objectives. (2) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and 0 Analysis: The proposed zoning establishes zoning that is more consistent with both existing and proposed uses on the parcel. The proposed use of the property will remain as parking with the addition of a public park area and loading areas. The property is surrounded by residential uses and parking for those uses. The proposed zoning and use of the property (parking and public park) is consistent with the existing and potential uses in the area and is consistent with the Vail Village Master Plan. (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Analysis: The proposed zoning is consistent with the existing and proposed use of the property (parking and loading). The proposed zone district implements specific goals of the Vail Village Master Plan by restricting the use of the land for parking, loading, and park uses. The proposed re- zoning presents a harmonious, convenient, and workable relationship with land uses in the area consistent with the existing and proposed use of the property. 0 VAIL'S FRONT DOOR TOV Development Submittal 30 It (4) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and Analysis: The proposed re- zoning establishes one consistent zoning for the property. Part of the parcel is currently zoned Parking District and the proposed re- zoning simply extends that zone district to another portion of the property. The re- zoning will create a zone district consistent with the existing and proposed use of the property. The proposed re- zoning and development plan provide for the development of an orderly viable community consistent with the Town's development interests as expressed in the Vail Village Master Plan. (5) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Analysis: Given the developed nature of the property and the findings of the Environmental Impact Report, the proposed project will not result in adverse impacts to the environment including water quality, air quality, noise, vegetation, riparian' corridors, hillsides, or other natural features_ The project will result in beneficial impacts resulting from properly designed structures, drainage facilities, and additional vegetation being added to the site. (6) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and Analysis: The Parking Zone District is proposed for the subject property. The proposed zone district is consistent with the intended purpose of that Zone district. The proposed use of the property is a structured parking and loading area and a public park. All of the proposed uses are listed in the purpose statement and the list of allowable and conditional uses for the Parking Zone District. (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and Analysis: The use of the property for more than two decades has been parking. However, the zoning designation of a portion of the property has been Public Accommodation for VAIL'S FRONT DOOR TOV Development Submittal 31 s the same period of time. The Vail Village Master Plan identifies the property as being appropriate for parking. The existing ,zone district does not appear to be consistent with the envisioned use of the property and is perhaps no longer appropriate. Conditional Use Permit — Structured parking and public park Before acting on a conditional use permit application, the Planning and Environmental Commission (PEC) shall consider the factors with respect to the proposed park and structured parking/loading uses (see detailed project description in subsection 11, B, 5 of this report): Relationship and impact of the use on development objectives of the Town. Analysis: The proposed use as a structured parking lot implements specific long -term goals of the Town as expressed in the Vail Village Master Plan. The Vail Village Master plan identifies this site as an appropriate location for a parking facility and for other public uses such as a park. The proposal is therefore consistent with the development objectives of the Town. 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. Analysis: The proposed use of the land will have little, if any, effect on population, light and air, utilities, and schools as the proposed use is a parking and loading facility and public park. The proposed use will accommodate the existing loading functions occurring on and adjacent to the site in a more efficient and orderly manner. The proposed parking structure will act to the reduce demand on the public parking facilities in Vail thus producing more capacity to the general public. The proposed public park will increase the supply of public gathering and recreational areas within the Town. 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. Analysis: The proposed re- development of this site will act to improve traffic flow, vehicular and pedestrian safety, vehicular maneuverability, and snow removal. The current loading and delivery that occurs on and adjacent to the site is unorganized and VAIL'S FRONT DOOR TOV Development Submittal 32 the same period of time. The Vail Village Master Plan identifies the property as being appropriate for parking. The existing zone district does not appear to be consistent with the envisioned use of the property and is perhaps no longer appropriate. • 0 0 xooa 3 s +� Ll � a mo 0 • �y pE S Zf • 1 { i 4 f P `F J )100(1 44 S.-HVA a � 0 r r r r z - r r r [ 0 u 011 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: April 14, 2043 SUBJECT: A request for a recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12 -13 -4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development, Inc. Planner: Bill Gibson I. SUMMARY The applicant, AMS Development, inc., is requesting a text amendment to Chapter 12- 13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements. At the request of the applicant and staff, the purpose of this meeting is for the Planning and Environmental Commission to hold a worksession to discuss the proposed text amendments. At this time, the Community Development Department is not making a recommendation for approval or denial of the proposed text amendments. The Community Development Department recommends that the Planning and Environmental Commission considers the evidence and testimony presented, provides direction to the applicant and staff, and then tables this item for further discussion to its next regularly scheduled public hearing on Monday, April 28, 2003. DESCRIPTION OF THE REQUEST The applicant, AMS Development, Inc., is proposing text amendments to Chapter 12 -13- 4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements. The applicant is proposing three amendments to the Town's Type II EHU requirements: to allow EHUs to be sold or transferred separately, to allow for up to an additional 300 sq. ft. of garage floor area credits, and to eliminate the maximum gross residential floor area (GRFA) limit. The specific proposed text amendments are as follows: (deletions are shown in ugh /additions are shown bold) • w a_ � � 3 g_ � 2 D 3 z Cl) :D O r w LLJ � O a_ 2 LU y @ m w 2 w 2 u _3 Z:) O w � ƒ n & 0 0 m G , \ \2 \/ 2 _§2 kt§ & /Bf ƒ I \[i (/ E$c \E . «\® 2iE s oo: coE o� & § }� Pk OL 7 \\ /G © ~® 52 S o ° U) (D Z5 k . e - ca _ / \m� �} E 3/§ §gam n l F 3 \/\ k/ c- = n _.» 222 §2£0 3 om 3i 00 2j\ =E6. -- . new - - �- /f/ �� \�kkk§� �k\ / \\('o ocI lace »_��£ 78nera«27EG§ 7--T— -- —1 0 0 m 0 Ill. BACKGROUND In September and December of 1992, the Town Council passed Ordinances 9 and 27, Series of 1992, to create Chapter 13 (Employee Housing) which provides for the addition of Employee Housing Units (EHUs) as permitted or conditional uses within certain zone districts. In April of 2009, the Town Council passed Ordinance 0, Series of 2000, to repeal and reenact this chapter and provide additional incentives for the creation of employee housing in Vail. IV. DISCUSSION ITEMS The Commission is not being asked to take any formal positions on this application at this time. However, staff has identified the following issues related to the proposed text amendments that staff recommends the Planning and Environmental Commission address: Type li EHU transfer of ownership amendment • Consistency with Town's development goals, objectives and policies • Identity impacts to adjacent properties and neighborhood character • Identify impacts to housing supply /needs within the Town Type II EHU garage credit amendment • Consistency with Town's development goals, objectives and policies • Identify impacts to adjacent properties and neighborhood character • Identify impacts to housing supply /needs within the Town Type II EHU floor area amendment • Consistency with Town's development goals, objectives and policies • Identify impacts to adjacent properties and neighborhood character Identify impacts to housing supply /needs within the Town V. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding a recommendation of approval /approval with conditions /denial to the Town Council of a text amendment_ The Planning & Environmental Commission shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations, and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 3 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives;. and 5. Such other factors and criteria the Commission deems applicable to the proposed text amendment. Design Review Board: Action: The Design Review Board has NO review authority of a text amendment or conditional use permit, but must review any accompanying Design Review application. 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 Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town Council is responsible for final approval /approval with conditions /denial of a text amendment. The Town Council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission and /or Council deem applicable to the proposed text amendment. 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. 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. • :1 VI. APPLICABLE PLANNING DOCUMENTS Type iI EHUs are allowed as conditional uses in the Single - Family Residential, Two - Family Residential, Two - Family Primary /Secondary Residential, and Agriculture and Open Space Districts. Town of Vail Zoning Rggulations Title 12 Vail Town Code Chapter 12 -1. Title, Purpose and Applicability 12 -1 -2: PURPOSE. A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Article 12 -6B: Single- Family Residential (SFR) district 12 -68 -1: PURPOSE: The single - family residential district is intended to provide sites for low density single- family residential uses, together with such public facilities as may be appropriately located in the same district. The single - family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single - family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12 -6C: Two- Family Residential (R) district 12 -6C -1: PURPOSE: The two- family residential district is intended to provide sites for low density single family or two- family residential uses, together with such public facilities as may be appropriately located in the same district. The two- family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single - family and two - family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12 -6D: Two- Family Primary/Secondary Residential (P /S) district 12 -60 -1: PURPOSE: The two- family primary /secondary residential district is intended to provide sites for single- family residential uses or two- family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same district. The two- family primary /secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single - family and two - family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12 -8A: Agriculture and Open Space (A) district 12 -SA -1: PURPOSE: The Agricultural and Open Space District is intended to preserve agricultural, undeveloped, or open space lands from intensive development while permitting agricultural pursuits and low density residential use consistent with agricultural and open space objectives. Parks, schools, and certain types of private recreational facilities and institutions also are suitable uses in the Agricultural and Open Space District, provided that the sites of these uses remain predominantly open. Site development standards are intended to preclude intensive urban development and to maintain the agricultural and open space characteristics of the District. Chapter 12-13: Employee Housing 12 -13 -1: PURPOSE: The Town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The Town recognizes a permanent, year -round population plays an important role in sustaining a healthy, viable community. Further, the Town recognizes its role in conjunction with the private sector in ensuring housing is available. The Town Council may pursue additional incentives administratively to encourage the development of employee housing units. These incentives may include, but are not limited to, cash vouchers, fee waivers, tax abatement and in- kind services to owners and creators of employee housing units. The Town or the Town's designee may maintain a registry and create lists of all deed restricted housing units created in the Town to assist employers and those seeking housing. Chapter 12 -2: Definitions EMPLOYEE HOUSING UNIT ( €HU): A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be occupied by at least one person who is an employee. For the purposes of this definition "employee" shall mean a person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado. Town of Vail Land Use Plan Chapter 11 — Land Use Plan Goals /Policies 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. L 1. 12 Vail should accommodate most of the additional growth in existing development areas (infill areas). 4.2 Increased density in the Core areas is acceptable as long as the existing character of each area is preserved through the implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Town Council Mission Statement We (i.e. Town Council) will provide the citizens of Vail and our guests with a superior level of environmentally - sensitive services and an abundance of recreational, educational and cultural opportunities. 11111. CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12 -3, Vail Town Code (Ordinance No. 4, Series 2002). A. Consideration of Factors Regarding the Text Amendment. 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. 7 B. The Planning and Environmental Commission shall make the following findings. before forwarding a recommendation of approval for of a text amendment: That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VIII, STAFF RECOMMENDATION At this time, the Community Development Department is not making a recommendation for approval or denial of the proposed text amendments. Therefore, the Community Development Department does not recommend that the Planning and Environmental Commission make a recommendation to the Town Council at this time for the proposed text amendments. The Community Development Department recommends that the Planning and Environmental Commission considers the evidence and testimony presented, provides direction to the applicant and staff, and then tables this item for further discussion to its next regularly scheduled public hearing on Monday, April 28, 2003. IX. ATTACHMENTS A. Public Notice B. Applicant's Letter of Request 0 E THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE Attachment: A 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 April 14, 2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: 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 5t' 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 -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 conditional use permit, pursuant to Section 12 -9C -3, Conditional Uses; Generally, Vail Town Code, to allow for amendments to a previously approved development plan for a private school and educational institution, and setting for details in regard thereto, located at 3000 Boothfalls Road /Lot 1, Vail Mountain School Subdivision, Applicant: Vail Mountain School, represented by Braun Associates Planner: Russell Forrest A request for a recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12 -13 -4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type 11 EHU requirements and setting forth details in regard thereto. Applicant: AMS Development Inc. Planner: Bill Gibson 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 18 Planner: Allison Ochs *VAILL Ilk TOWN+O A request for a final review of a proposed major exterior alteration, pursuant to Section 12- 7A -12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a fractional fee club; a recommendation to the Vail Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, and a request for a final review of a modification of the Gore Creek 100 -year floodplain, pursuant to Section 12- 21 -10, (Development Restricted), Vail Town Code, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 1" Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George RutherfWarren Campbell 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 Nearing Impaired, for additional information. This notice published in the Vail Daily on March 28, 2003. 2 0 March 17, 2003 Town of Vail Dept. of Community Development 75 South Frontage Road Vail, CO. 81657 AMS Development, Inc. 500 S. Frontage Road East, Ste. 112 Vail, CO. 81657 RE: Application for Text Amendment to Chapter 12 -13 -4 Requirements by Employee Housing Unit Type REQUESTED AMENDMENT Tyl e II EHU Attachment: B 1. Ownership /Transference Amend language to reflect the same requirement as Type I EHU. "The EHU may be sold or transferred as a separate unit on the property" Purpose Encourage and promote development of employee housing units by the private sector. This would provide a profit incentive to developers to additional EHU's within the Town of Vail. Under current zoning code, there is little or no incentive to create the additional EHU on lots exceeding 15,000 square feet. 2. Garage /Storage Requirement Amend language to reflect the same requirement as Type I EHU. "Allowed 3x70 sgft. of garage area per enclosed vehicle space at a maximum of 2 parking spaces (600 sqr ft.) " Purpose Encourage and promote proper storage and parking conditions for a typical two - person household in Vail. Two -car garages promote housing with long -term occupancy, rather than interim housing. Local residents help improve the vitality of the local economy. 3. Maximum GRFA Remove the maximum GRFA requirement for Type II EHU's. Purpose Diversify the occupant type in Vail's employee housing base. Larger unit size lends itself to more permanent occupancy. There is no current local's housing that addresses middle- income professionals (salespeople, attorneys, town planners, young doctors, etc.). This occupant type is important to improving the lackluster local economy. Many local professionals desire to live in the Town of Vail, but much of the free - market housing is very dated (age and floor plans), thus they migrate down valley looking for better selection. The applicant requests that the planning staff include the above text amendments in their discussions and presentation to the Planning and Environmental Commission on March 24, 2003, regarding proposed text amendments to the Vail Town Code to allow Type II employee housing units as a permitted use and to eliminate a Type II employee housing unit as a conditional use in Single - Family, Two - Family and Primary- Secondary zone districts. Thank you for your time and consideration. ly, lop e t, Inc. c� /Amsden, President • • • . A P-A MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: April-14,2003 SUBJECT: A request for a recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12 -13 -4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development, Inc. Planner: Bill Gibson I. SUMMARY The applicant, AMS Development, Inc., is requesting a text amendment to Chapter 12- 13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements.. At the request of the applicant and staff, the purpose of this meeting is for the Planning is and Environmental Commission to hold a worksession to discuss the proposed text amendments. At this time, the Community Development Department is not making a recommendation for approval or denial of the proposed text amendments. The Community Development Department recommends that the Planning and Environmental Commission considers the evidence and testimony presented, provides direction to the applicant and staff, and then tables this item for further discussion to its next regularly scheduled public hearing on Monday, April 28, 2003. DESCRIPTION OF THE REQUEST The applicant, AMS Development, Inc., is proposing text amendments to Chapter 12 -13- 4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements. The applicant is proposing three amendments to the Town's Type II EHU requirements: to allow EHUs to be sold or transferred separately, to allow for up to an additional 300 sq. ft. of garage floor area credits, and to eliminate the maximum gross residential floor area (GRFA) limit. The specific proposed text amendments are as follows: (deletions are shown in strike !hFouo/additions are shown bold) • W fL F- LLJ Z 3 0 _z Q LU LLl LL! m Z w w Lr- C� w x c� N T C • Lv1 • ca Y -p O cn - N = C ca o p a a> e '0 4> — p a c ¢ cnap°-0 LL cr C7 D EE= E �w E.E E a x e CD o . C r � Q7 . N Q IL N H CD CAC � ca % a7 a of a-- ca C U q ' 3— W CZ t v aE �'�- 3y cp `nmf`roco '0 cz i� 4' a) v ti'-;,- yz CM ° �� o M0 v m w ro E �� m a o t° �r E'Mo ro �' o E `� a C7U[z m ca a o�aoi � R c10i ¢ ° vmE o affU CD c cn CD 0 m cu C cu is cU CL U QC?� C7 tLo y M LL G -D 2 �a Q o A �u i is � C7 wC>. ¢ � E � m r C Z3 CS i -Nsaan V m RCS cp L E V Q} t�i'S py a L � L is w T �a�cc yr CL .0 ca Z CL o cc Cn 3: 0 ?.,p �.I— p _ tC 0 :T 0.S N � -p c c m � `stn aa) Ca D p 0 U- C C '` 7 Q o'� E Eon a a� ®a`s� N @O: U U)CrLLCr a- T <p 2 v CL F-- C • Lv1 • 0 Ill. BACKGROUND In September and December of 1992, the Town Council passed Ordinances 9 and 27, Series of 1992, to create Chapter 13 (Employee Housing) which provides for the addition of Employee Housing Units (EHUs) as permitted or conditional uses within certain zone districts. In April of 2000, the Town Council passed Ordinance 6, Series of 2000, to repeal and reenact this chapter and provide additional incentives for the creation of employee housing in Vail. 1V. DISCUSSION ITEMS The Commission is not being asked to take any formal positions on this application at. this time. However, staff has identified the following issues related to the proposed text amendments that staff recommends the Planning and Environmental Commission address: Type 11 EHU transfer of ownership amendment • Consistency with Town's development goals, objectives and policies • Identify impacts to adjacent properties and neighborhood character • Identify impacts to housing supply /needs within the Town Type li EHU garage credit amendment • Consistency with Town's development goals, objectives and policies • Identify impacts to adjacent properties and neighborhood character 0 Identify impacts to housing supply /needs within the Town Type II EHU floor area amendment • Consistency with Town's development goals, objectives and policies • Identify impacts to adjacent properties and neighborhood character • Identify impacts to housing supply /needs within the Town V. ROLES OF REVIEWING BODIES Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding a recommendation of approval /approval with conditions /denial to the Town Council of a text amendment. The Planning & Environmental Commission shall consider the following factors with respect to the requested text amendment:. 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 3 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission deems applicable to the proposed text amendment. Design Review Board: Action: The Design Review Board has NO review authority of a text amendment or conditional use permit, but must review any accompanying Design Review application. 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 Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. The Town Council is responsible for final approval /approval with conditions /denial of a text amendment. The Town Council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the Commission and /or Council deem applicable to the proposed text amendment. 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. 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. 0 4 VI. APPLICABLE PLANNING DOCUMENTS Type 11 EHUs are allowed as conditional uses in the Single - Family Residential, Two - Family Residential, Two- Family Primary /Secondary Residential, and Agriculture and Open Space Districts. Town of Vail Zoning Regulations (Title 12 Vail Town Code) Chapter 12 -1: Title, Purpose and Applicability 12 -1 -2: PURPOSE. A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Article 12 -6B: Single - Family Residential (SFR) district 12 -6B -1: PURPOSE: The single - family residential district is intended to provide sites for low density single- family residential uses, together with such public facilities as may be appropriately located in the same district. The single- family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single - family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12 -6C: Two - Family Residential (R) district 12 -6C -1: PURPOSE: The two- family residential district is intended to provide sites for low density single family or two- family residential uses, together with such public facilities as may be appropriately located in the same district. The two- family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single- family and two- family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 12 -6D: Two - Family Primary /Secondary Residential (P /S) district 12 -6D -1: PURPOSE: The two- family primarylsecondary residential district is intended to provide sites for single - family residential uses or two- family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same district. The two- family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single - family and two- family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. l✓ Article 12 -$A: Agriculture and Open Space (A) district 12 - &A -1: PURPOSE: The Agricultural and Open Space District is intended to preserve agricultural, undeveloped, or open space lands from intensive development while permitting agricultural pursuits and low density residential use consistent with agricultural and open space objectives. Parks, schools, and certain types of private recreational facilities and institutions also are suitable uses in the Agricultural and Open Space District, provided that the sites of these uses remain predominantly open. Site development standards are intended to preclude intensive urban development and to maintain the agricultural and open space characteristics of the District. Chapter 12 -13: Employee Housing 12 -13 -1: PURPOSE: The Town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical role in creating quality living and working conditions for the community's work force. The Town recognizes a permanent, year -round population plays an important role in sustaining a healthy, viable community. Further, the Town recognizes its role in conjunction with the private sector in ensuring housing is available. The Town Council may pursue additional incentives administratively to encourage the development of employee housing units. These incentives may include, but are not limited to, cash vouchers, fee waivers, tax abatement and in- kind services to owners and creators of employee housing units. The Town or the Town's designee may maintain a registry and create lists of all deed restricted housing units created in the Town to assist employers and those seeking housing. Chapter 12 -2: Definitions EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be occupied by at least one person who is an employee. For the purposes of this definition "employee" shall mean a person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado. Town of Vail Land Use Plan Chapter 11— Land Use Plan Goals /Policies 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. is I 1. 12 Vail should accommodate most of the additional growth in existing development areas (infill areas). 4.2 Increased density in the Core areas is acceptable as long as the existing character of each area is preserved through the implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 5.1 .Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Town Council Mission Statement We (i.e. Town Council) will provide the citizens of Vail and our guests with a superior level of environmentally - sensitive services and an abundance of recreational, educational and cultural opportunities. VII. CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment are established in accordance with the provisions of Chapter 12 -3, Vail Town Code (Ordinance No. 4, Series 2002). A. Consideration of Factors Regarding the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. 5. Such other factors and criteria the Commission and /or Council deem applicable to the proposed text amendment. 7 B. The Planning and Environmental Commission shall make the following findings before forwarding a recommendation of approval for of a text amendment: t . That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VIII. STAFF RECOMMENDATION At this time, the Community Development Department is not making a recommendation for approval or denial of the proposed text amendments. Therefore, the Community Development Department does not recommend that the Planning and Environmental Commission make a recommendation to the Town Council at this time for the proposed text amendments. The Community Development Department recommends that the Planning and Environmental Commission considers the evidence and testimony presented, provides direction to the applicant and staff, and then tables this item for further discussion to its next regularly scheduled public hearing on Monday, April 28, 2003. IX. ATTACHMENTS A. Public Notice B. Applicant's Letter of Request 0 E:7 •w THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE Attachment: A 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 April 14, 2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: 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'h 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 -78 -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 conditional use permit, pursuant to Section 12 -9C -3, Conditional Uses; Generally, Vail Town Code, to allow for amendments to a previously approved development plan for a private school and educational institution, and setting for details in regard thereto, located at 3000 Boothfalls Road /Lot 1, Vail Mountain School Subdivision. Applicant: Vail Mountain School, represented by Braun Associates Planner: Russell Forrest A request for a recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12 -13 -4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type li EHU requirements and setting forth details in regard thereto. Applicant: AMS Development Inc. Planner: Bill Gibson 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 Is Planner: Allison Ochs TO}VN OF };AIL ft- A request for a final review of a proposed major exterior alteration, pursuant to Section 12- 7A -12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a is conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a fractional fee club; a recommendation to the Vail Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10 % of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, and a request for a final review of a modification of the Gore Creek 100 -year floodplain, pursuant to Section 12- 21 -10, (Development Restricted), Vail Town Code, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow DrivefLots K & L, Block 5E, Vail Village 1St Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George Ruther/Warren Campbell 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. This notice published in the Vail Daily on March 28, 2003. 0 • is f :7 March 17, 2003 Town of Vail Dept. of Community Development 75 South Frontage Road Vail, CO. 81657 AMS Development, Inc. 500 S. Frontage Road Fast, Ste. 112 Vail, CO. 81657 RE: Application for Text Amendment to Chapter 12 -13 -4 Requirements by Employee Housing Unit Type REQUESTED AMENDMENT Type II EHU Attachment: B 1. ownership /Transference Amend language to reflect the same requirement as Type I EHU. "77ze EHU may be sold or transferred as a separate unit on the property " Purpose Encourage and promote development of employee housing units by the private sector. This would provide a profit incentive to developers to additional EHU's within the Town of Vail. Under current zoning code, there is little or no incentive to create the additional EHU on lots exceeding 15,000 square feet. 2. Garage /Storage Requirement Amend language to reflect the same requirement as Type I EHU. "Allowed 300 sgft. of garage area per enclosed vehicle space at a maximum of 2 parking spaces (610 sgft.) " Purpose Encourage and promote proper storage and parking conditions for a typical two - person household in Vail. Two -car garages promote housing with long -term occupancy, rather than interim housing. Local residents help improve the vitality of the local economy. 3. Maximum GRFA Remove the maximum GRFA requirementfor Type IIEHU's. Purpose Diversify the occupant type in Vail's employee housing base. Larger unit size lends itself to more permanent occupancy. There is no current local's housing that addresses middle- income professionals (salespeople, attorneys, town planners, young doctors, etc.). This occupant type is important to improving the lackluster local economy. Many local professionals desire to Live in the Town of Vail, but much of the free - market housing is very dated (age and floor plans), thus they migrate down valley looking for better selection. 0 The applicant requests that the planning staff include the above text amendments in their discussions and presentation to the Planning and Environmental Commission on March 24, 2003, regarding proposed text r� 4 amendments to the Vail Town Code to allow Type 11 employee housing units as a permitted use and to ' eliminate a Type 11 employee housing unit as a conditional use in Single- Family, Two - Family and Primary - Secondary zone districts. Thank you for your time and consideration. 'r Amsden, President I� • Approved 4/28/03 ' PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING MINUTES 40 Monday, April 14, 2003 PROJECT ORIENTATION 1- Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT John Schofield Erickson Shirley Chas Bernhardt Doug Cahill George Lamb Rollie Kjesbo Gary Hartman qi +p vici+c - MEMBERS ABSENT 1. Vail Mountain School — 3000 Boothfalls Road 2. Sonnenaip — 20 Vail Road 3. Vail Park (P3 &J) — Hanson Ranch Road 12:00 pm 1:00 pm Driver: George �o is 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. Swearing in of reappointed PEC members John Schofield (4t' term), Chas Bernhardt (3`0 term) and Doug Cahill (3`d term) -Pam Brandmeyer on behalf of Lorelei Donaldson, Town Clerk. 2. Election of 2003 Chair — Vice -Chair — George Lamb nominated John Schofield for Chairman and Erickson Shirley for Vice - chair. Chas Bernhardt seconded the motion. The motion passed by a vote of 6 -0, with John Schofield abstaining. 3. A request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses; Generally, Vail Town Code, to allow for amendments to a previously approved development plan for a private school and educational institution, and setting for details in regard thereto, located at 3000 Boothfalls Road /Lot 1, Vail Mountain School Subdivision. Applicant: Vail Mountain School, represented by Braun Associates Planner. Russell Forrest • ,! TOI§W OF PAIL Approved 4/28/03 John Schofield, Rollie Kjesbo, and George Lamb disclosed connections to the Vail Mountain School, however all believed they could review this proposal without bias. Russell Forrest gave a presentation per the staff memorandum. 0 Dominic Mauriello introduced the other representatives of the Vail Mountain School. He stated he had nothing to add, but was available to answer any questions. Erickson Shirley asked if Dominic felt that the neighbors had been properly notified? Dominic Mauriello stated that they had sent out a post card to the neighbors and the Town of Vail sent out the proper notice requirement. John Schofield asked Dominic if he knew what the overall change in height in area was for the building. The architect stated that it was fairly consistent with the approved plan, as the main ridge did not change. Dominic Mauriello pointed out a view analysis and the change that would occur from specific home sites. He also pointed out the location of a new gazebo location. Russell Forrest wanted to get on the record that the Colorado Department of Transportation had sent a letter to the Town of Vail on March 19, 2003 stating several findings in regards to acceleration and de- acceleration lanes. Dominic Mauriello added that the letter did not require the school to put the lanes in. He continued Saying that the letter states that the turn lanes would be needed regardless of the school being built on that site. 0 Erickson Shirley asked what would happen if CDOT came to the Town and required them to be put In and who would pay for that. Russell Forrest stated that he felt the letter was putting the Town on Notice and does not see CDOT coming forward requiring the turn lanes. He said improvements of that nature would be triggered by new development. Ruth Scott a neighbor is upset about being here today as she feels these changes are trying to be approved through the back door and she is thankful that this proposal has to come back to the board for review. She said there was previous discussion regarding sinking the gymnasium and now it is going up. She added that she does not feel those who stated connection to the school previously are in appearance unbiased in making a decision and she is uncomfortable with their decisions to vote on the project. Gary Hartman asked if the main change was over the gymnasium and asked where all the new square footage is coming from. Greg Crober said Dominic stated that the square footage was below grade in the mezzanine level. Doug Cahill asked what the reasons were that the height needed to increase. Dominic Mauriello stated height increased in order to maintain the height of the floor plates inside the building. Chas Bernhardt has no problem with the gazebo, He said he originally had a problem with the Height, but has since seen the view shed analysis and is fine with the height. Approved 4/28/03 Rollie Kjesbo would like to see a condition stating that the temporary structures need to be removed by a date in 2004. George Lamb stated that he felt that the 2.5 feet increase is unacceptable and every effort should be exhausted to keep the height where it is. Erickson Shirley was concerned about the unclear nature of the CDOT letter. He thought it irresponsible that this board should ignore the possibility. He thought a condition should be permanently attached to this approval to protect the Town from having a $500,000 bill for the lanes if it is determined that the school is the cause. John Schofield asked Greg Hall if the Town has received letters from CDOT like this before. Greg Hall stated that they have not gotten letters like this before for other intersections. He continued to stated that he felt that it was more of a notice. He said the state has been trying to get the Town to take over the Frontage Road, however, the Town doesn't want them, as they are below our standard. He said CDOT may use this as leverage later stating that the Town had the opportunity to upgrade the roads through development. Chas Bernhardt asked what exactly is making the height go up. The architect stated that the mechanical systems need certain clearances and the desire to have 19 feet of space in the gym. John Schofield first addressed Mrs. Scott, with regards to her connection to the school. He said this is a small community and conflict exists everywhere and on a regular basis the board members recuse themselves. He explained the board members take a look at the circumstances and decide if there is conflict. He also stated that he does not believe these changes were premeditated by the school. He said he has served 30 plus years in development and architects and designers are not that good to catch all these items beforehand. He said he has no problem with temporary structures. Chas Bernhardt asked why the height couldn't be reduced in the locker rooms and head height of the gym. The architect stated there would be some problems with the function. Doug Cahill made a motion to approve the conditional use permits for the gazebo, height, and GRFA with the findings and conditions on page 12 of the staff memo. Erickson Shirley asked Doug Cahill if he were willing to add a condition on the motion to require the applicant to construct the acceleration and de- acceleration lanes within one year of this approval, if required by CDOT. Gary Hartman seconded the motion. The motion was amended to include a condition that the school be responsible for constructing the acceleration and deceleration lanes within one year of this approval for the amount of traffic generated by the Vail Mountain School. Doug Cahill amended his condition. Gary Hartman seconded the amended motion. Approved 412$!03 Dominic Mauriello objected to this condition, as CDOT has approved their plan and the background traffic without the school would require the turn lanes. He added that he felt the Town lobbied CDOT to get the turn lanes required. Russell Forrest stated that he met with the Town Attorney and at this time it is probably not appropriate to require the applicant to pay for the turn lanes. Gary Hartman asked what would happen if the applicant did not come forward with these revisions. Russell Forrest stated that the Town would not have any way to enforce the requirement by CDOT. Erickson Shirley asked if it was not possible to attach it on this amendment to the previously approved plan and asked what if the letter was adamant about the need for the lanes. Gary Hartman thought it was unfair to place this kind of a condition on the applicant for a minor change. Doug Cahill was curious as to why this condition could not be added, as the applicant is opening the box. Dominic Mauriello stated that CDOT issued two permits for this project previously and if they thought it was a problem there would be conditions an the permits in hand. He is of the opinion that this letter does not apply to this project. Doug Cahill rescinded the amendment to the motion. Gary Hartman rescinded his second. The initial motion was on the table for a vote. is The motion passed by a vote of 4 -3, with George Iamb, Erickson Shirley and Chas Bernhardt opposed There was a lot of discussion about how a letter of this type should be handled in the future. Erickson Shirley felt that the board should not have taken any action until the question was answered as to whether or not the condition could be added to this proposal. The essential argument was that several members were trying to protect the Town from potentially having to pay the full cost of adding the turn lanes. 4. A request for a final review of a proposed major exterior alteration, pursuant to Section 12 -7A- 12, Vail Town Code, to allow for a hotel redevelopment and addition; a request for a final review of a conditional use permit, pursuant to Section 12 -7A -3, Vail Town Code, to allow for a fractional fee club; a recommendation to the Vail Town Council of a text amendment Section 12 -7A -3 (Conditional Uses), Vail Town Code, to allow for retail uses in a lodge in excess of 10% of the total gross residential floor area of the structure as a conditional use; a request for a final review of a variance from Section 12 -7A -10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, and a request for a final review of a modification of the Gore Creek 100 -year flood plain, pursuant to Section 12 -21- 10, (Development Restricted), Vail Town Code, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive /Lots K & L, Block 5E, Vail Village 1" ]riling. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner- George Ruther/Warren Campbell 4 Approved 4128103 George Ruther gave a presentation per the staff report. John Schofield had some questions regarding the proposed floodplain modification. Tom Kassmei stated that there would be no requirement of review by FEMA, only the Town, as no fill dirt is being placed in the current floodplain. Dominic Mauriello, representing the Sonnenalp, stated that Johannes Faessler was not in attendance, as he had to attend a funeral. Dominic stated that this proposal is not as complex as the staff memorandum packet would have you believe. He said this is a proposal for underground parking and addition to the Sonnenalp and a new Swiss Chalet. He said at the last meeting they were given two directives; to work out the site design and architecture problems with Jeff Winston and George Ruther and second, to go back and talk to the Talisman. He proceeded to display the changes; for example, he showed the reduction in size of the building and increased setbacks on the Sonnenalp. He talked about the second floor and above, in terms of how it sets back further than initially proposed. He then spoke to the changes made on the Swiss Chalet and that the fagade has been stepped in and out and up and down to create variety. He then presented the sun/shade analysis before and now with the current proposal. He continued by discussing the numerous meetings Johannes has had with the Talisman and its members. He laid out the offers which were made to the Talisman members, with regards to what the Sonnenalp would give the Talisman. He discussed the granting of an easement to provide a knockout wall in the parking structure for future access to an underground structure and in return for a construction easement, the Sonnenalp will move their access and re- landscape the parking lot. He said the final offer is that the Sonnenalp will give the Talisman $100,000 towards the construction of their parking structure if they build it at the time of the Sonnenalp construction. He then discussed loading and delivery. He requested that the condition regarding loading and delivery be removed. He also requested that the condition addressing the redesign of the Swiss Chalet drop off be left to staff and DRB to resolve, He mentioned the benefit to the Town is the improvement of the streetscape per the approved urban design standards and landscape plan and said he hopes to get approval tonight. Erickson Shirley asked Greg Hall what the original proposal for loading and delivery spaces was. Greg Hall stated that 12X40 were requested, as he was certain that 40 foot trucks would be servicing this site. Erickson Shirley stated that his comment was what should be done if the Swiss Chalet and Sonnenalp do start getting larger trucks. Dominic Mauriello stated that Johannes is adamant that there will not be any larger trucks making deliveries to the site. Erickson Shirley asked Greg Hail if they could restrict the larger trucks. Greg Hall stated that is hard to oversee the Sonnenalp to verify no large trucks will arrive. He continued that the Code requires all turning movements to occur on the site and this proposal shows backing into the loading area off of Town property. Jeff Winston talked about the changes which were made to create a more random streetscape. He also talked about the design elements which were used to reduce the appearance of height on the Sonnenalp and said that more can be done in terms of materials and color. He then discussed the shade analysis, its reduction, and the balance which was attempted between the sun/shade and urban design to meet the requirements of creating the Village feel. The meeting took a break for 5 minutes. Approved 4/28/03 Jim Lamont, representing the Vail Village Homeowners, stated that they are very pleased with the design and the only issues they have are access, loading and delivery, circulation of loading and delivery, and streetscape improvements. He recommends a condition of approval which addresses off -site impacts. He suggested an outside consultant be involved to look at loading and delivery at all projects, including the "front door." He said he would like to see a public restroom incorporated into this design. He said he has not seen a traffic study that shows the end of the world, if traffic is allowed to access of Meadow Drive. He then raised the issue of allowing the text amendment, which would only benefit the Sonnenalp. He said a condition is needed defining that the additional commercial area be tied to the master planned area and in his opinion, the site cannot accommodate larger loading bays. Marilyn Fleischer, an owner in the Talisman, said she does not feel like this is a simple project, however it is a great project and the Town probably does need it. She asked where does the Talisman stand, as they don't have access and the underground parking is not resolved. She said she is concerned about the inconvenience of putting up with construction for two years. She said though setbacks are a big issue, they have been resolved somewhat. Marty Stewart, owner of a gallery across the street, is in great support of the proposed plan and feels the impact of traffic on Meadow Drive will not be an issue, as it is there today. Jonathan Stouffer, representing two large projects across the street, is in support of the project and feels Johannes is a great neighbor and an asset to the Town. Larry Eskwith, representing the Talisman, feels that things have come a long way and the Board is concerned with underground parking for the Talisman. He said it makes it a great project if the parking is underground, as the access will be taken off Meadow drive. He said if parking is underground, it opens up the surface for more landscaping and redevelopment. He feels that the parking cannot occur in time for the Sonnenalp development, as the issue is money. He said the Talisman is willing to put some money in the pot. He said he is aware that the Commission cannot place a mandate on the Sonnenalp to pay for the Talisman's underground parking. Judy Steiner, owner of two shops on Meadow drive, said she is in support of this and is willing to put up with construction for two years for the end result. Bill Amass, president of the Talisman Homeowner's Association, originally thought the project was a no- brainer, but it is difficult because of the 13 owners in the Talisman and the owners of the Talisman are on average age 65. He said older people don't like inconvenience and change. He said the proposal initially included an underground parking structure, landscaping, etc., and this appeared as a threat to some. He said because of the changes made to the plans, Johannes can no longer pay for the structure. He said the Talisman needs time to have a bake sale and carwash to pay for the underground parking and said the only win/win/win is if parking is underground. Rick Scapello said he represented a group who is trying to economically improve Meadow Drive and they are in support of the project. He said the improvements to the road are needed and will make things more safe. Andrew Carrow runs the Alpine Bank and is in support of the project, as the plan meets the requirements of the master plans. Rollie Kjesbo asked if the text amendment should be capped at a certain percentage? George Ruther feels that it is an option, but regardless, that it be a conditional use. Rollie Kjesbo feels the Sonnenalp has done a great job and hopes that a deal can be met. i Approved 4/28103 George Lamb agrees with Rollie that the Sonnenalp has done great projects and there are a lot of benefits. He said he is comfortable approving this with conditions, as this is a way to keep the process moving instead of tabling it. He encourages the Talisman and all involved to work out a solution, Erickson Shirley asked what the language was that they would be approving with regards to the text amendment. George Ruther stated the language can be found on page 28 of the staff memorandum and he stated that retail over 10 percent of the total GRFA would be a conditional use. Doug Cahill asked if they could limit the conditional use to pedestrian walkways and such. George Ruther recommends that if that is a concern it should be addressed in the criteria for review of a conditional use as existing. Erickson Shirley said he is really excited about retail on this street, but is concerned about the signage directing people to Vail Village. He wants to see the process move ahead and will vote that way, but would like to see the underground parking worked out. Gary Hartman agreed with Erickson and George Lamb. He likes that idea that the pedestrian fabric will be greatly enhanced by this project and directed the Sonnenalp to work with the Talisman to get the underground project. Doug Cahill believes that the Sonnenalp has worked hard to address the concerns and wants to see the project move forward and agrees with the conditions_ He asked if language needs to be added to restrict the delivery area on Vail Road. He thinks the Talisman needs to sit down and 40 come together on a plan, as this is their best opportunity. Chas Bernhardt thinks it is a great project and the only concern he has its the off -site impacts on Vail Road and Willow Road. He said he would like to see the stream walk incorporated in this project again, as it was pulled in the past. John Schofield understands the difficulty of coming to an agreement and agrees that the underground parking would be a win /win /win for all, He likes the idea of moving forward with strong conditions and feels like the skills are there to work out the conditions. He would like to see a motion which restricts loading and delivery on Vail Road and also is in support of the stream walk, although he realizes that it is not the most positive item. Dominic Mauriello stated that there is an offer on the table for the parking structure. He said the biggest issue he has is the condition that attaches the Public Works comments, which has items which cannot be met. Discussion ensued regarding the #3 on the Public Works list requiring an agreement with the Talisman. Chas Bernhardt made a motion to approve all parts of this application with conditions, according to the criteria and findings in the staff memorandum and with the addition of a recommendation that the streamwalk be considered to offset some of the landscape deficiencies. He further requested specific language for the text language and language restricting loading and delivery on Vail Road, and that failure to meet an agreement with the Talisman may not be grounds for approval. George Lamb seconded the motion. George Ruther stated that the stream walk should not be a part of approving the variance for landscaping. 7 Approved 4128103 The motion passed by a vote of 7 -0 Marilyn Fleischer asked a question regarding the streamwalk and said it was determined years ago that the stream area is not wide enough for a streamwalk. 0 5. 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 and setting forth details in regard thereto. Applicant: Town of Vail Planner: Allison Ochs Allison Ochs gave a presentation per the staff report. Greg Hall added some comments specifically regarding how Public Works has been determining loading berths to date. Erickson Shirley asked if there was an appeal process for a property owner who could not provide that size of a loading berth. Allison stated that the Code has a process for Council to exempt certain properties from loading requirements. Dominic Mauriello stated that he was concerned about additions to existing sites and how that would affect loading and delivery. He also feels that the Planning Commission should be the group involved; not an administrative staff member. Jim Lamont made several comments. He feels that the PEC should be the determining factor. He feels the standards need to be more flexible for the differing sites and that loading and delivery is not a silver bullet, Allison Ochs described the nonconforming chapter and how it would apply to additions to restaurants. Gary Hartman looks at the proposal and sees what should ultimately happen in Vail. He keeps thinking of what could push the town in the direction of a centralized loading and delivery area. He feels the PEC recommendation should be for final approval. Chas Bernhardt asked about the right to have a central liquor location, Greg Hall said the site could be licensed. Roliie Kjesbo asked for clarification regarding the upgrade of a loading spot. Allison Ochs answered. George Lamb had nothing to add except that the change to PEC would not take away engineering's role. Erickson Shirley asked about the creation of a new restaurant and what size bay they would need and he would like to see a centralized loading facility. Allison Ochs stated the size you will need depends on your location. Erickson Shirley feels that there should be a provision for smaller loading bays. 0 Allison Ochs stated she could change "larger" to "varying." Approved 4128103 John Schofield is in concert with all the previous comments and that "big" or "larger" is the way to go. He agrees with Jim and that it should be sent to Council with a comment regarding centralized loading. Rollie Kjesbo made a motion to forward the proposed text amendment to Council with a change made to make PEC the authority and "larger" changed to "varying." In addition, forwarded a recommendation to the Town Council to consider alternative ways to encourage a centralized loading and delivery facility, including a pay -in -lieu process. Chas Bernhardt seconded the motion. The motion passed by a vote of 6 -0. Doug Cahill was not in the room. 6. 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 I I 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 Sir, 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`h Filing; a request for an exterior alteration or modification, pursuant to Section 12 -78 -7, Exterior Alterations or Modifications, Vail Town Code, to allow for an addition to the Lodge at Vail; a request 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 Vaifs 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 Erickson Shirley noted that he has placed a deposit on a parking space in this project; however, he does not feel that this will bias his review and will not be a conflict of interest. George Ruther presented an overview of the staff memorandum. Jay Peterson presented an overview of the applicant's proposal, with the primary changes made since the last presentation to the PEC, to include the relocation of a skier drop -off area and loading area. Erickson Shirley asked the applicant to clarify the height of the proposed building. The applicant responded that the height was approximately 22 feet and would not impact the existing view corridor. John Schofield asked the applicant to examine multiple traffic circulation patterns. 0 Erickson Shirley asked where a third delivery vehicle will stage when the two bays are in use. Jay Peterson responded that a third vehicle will not be allowed to stage in this area. I Approved 4128/03 Doug Cahill asked if the chute would be heated. Jay Peterson responded that it would not be due to the logistics of starting and ending the snowmelt locations. I* Jim Lamont commented on the proposal. He noted that the whole circulation needs to be further examined with specifically, that the number of bays and their location need to be part of a larger loading /delivery plan. He noted concerns about the design of the north fagade. He also commented that the parking use of this lot has been around since the late 1960's. He mentioned that the proposed park might be open to the public, but is a privately owned property parcel and that some neighboring property owners would like to see that the Town design and maintain the park as a public privately owned park. Jay Peterson noted that the additional loading bay was to be a benefit to the Town and the surrounding property owners. Erickson Shirley questioned who will maintain this property. Jay Peterson noted that the loading area would function as a separate condo unit to be owned by another entity — possibly the Town. Jay also envisioned that the Parking Structure Condo Association may retain ownership and control of the park itself. Gary Hartman questioned if the surface parking will be part of this Parking Structure Condo Association and if the surface space could be incorporated into the structure. Jay Peterson responded that was not a financially viable alternative. Gary Hartman noted the importance of examining this proposal in overall loading /delivery discussions for the Village. Doug Cahill asked about the noise generated from the parking structure ventilation system. He also asked about on -site maintenance or supervisors on the site. Jay Peterson noted that the Parking Structure Condo Association would probably take on that responsibility. Erickson Shirley questioned who will pay for the construction. Jay Peterson responded that it is not the Town, but the specifics of who pays, that has not been determined. Chas Bernhardt commented that he likes the project and would like to see more bays. He also noted that if constructed with stone, the bay will be attractive. Rollie Kjesbo asked for further clarification of the project funding. George Lamb noted that his concerns are more related to the actual logistics of the loading /delivery. Erickson Shirley noted his concerns that the parking space owners are paying for the park and loading bays in addition to the parking spaces. He also noted concern about forcing parking owners to navigate around the loading bays. He also commented that the sound of the ventilation system should not detract from the use of the park. John Schofield summarized that some of the remaining issues include; further examination of El Approved 4128/03 ' traffic flow and condo ownership of the loading bay. He said some of the benefits include removal of traffic from the adjoining streets and close -in parking for local residence business owners. John also noted that a pay in lieu fee should be examined for maintenance and possibly construction to spread the cost to those benefiting from the proposal. He commented that conceptual management plans should be submitted with the next PEC review. He also commented that the chute should be redesigned to be safer. Doug Cahill made a motion to table this until May 12, 2003. Rollie Kjesbo seconded the motion. The motion passed by a vote of 7 -0 7. A request for a recommendation to the Vail Town Council of proposed text amendments to amend Chapter 12 -13-4, Requirements by Employee Housing Unit (EHU) Types, Vail Town Code, to amend the Type II EHU requirements and setting forth details in regard thereto. Applicant: AMS Development Inc. Planner: Bill Gibson Bill Gibson made a presentation per the staff memorandum Greg Amsden presented the proposed text amendments and said the existing regulations create a gap in the market, in terms of the type of employees that will occupy EHUs. He said this amendment creates a new incentive to construct EHUs and fill a niche in the market need and that this text amendment creates a private- sector funding source to build EHUs. He said this amended use will likely occur in West Vail and Matterhorn areas and it is unlikely to occur in "high dollar" neighborhoods. He said this type of unit will provide housing opportunities for local middle- income professionals and diversify the housing base. Greg then explained how, in his opinion, this amendment complies with the text amendment criteria. There was no public comment. Rollie Kjesbo stated he thought that this amendment would be making a duplex lot a triplex lot. George Lamb stated that he agreed with Greg that there is a need for this type of unit, but that this type of regulation is hard to create. He said this is the right direction, but it would be hard to regulate and that DRB may be inadequate to address the unintended consequences. He questioned how to do this? Erickson Shirley asked who would be eligible to live in these units. He said he is in favor of broadening the opportunities of housing types and shares some of Rollie's concerns regarding DRB issues. Gary Hartman applauded Greg's efforts and he stated that it is important to dictate a size cap on the EHUs. Doug Cahill thought this would likely occur in West Vail and also applauded Greg's efforts. He asked how the streetscape of garage doors would be addressed and that a maximum cap is needed. He said the one car garage limit should be changed and mentioned that it will change the appearance of the neighborhood. Chas Bernhardt thought this was a great idea, but feels it needs further consideration to successfully implement. He said he is uncomfortable with the concept as proposed, but feels more study is needed. He too asked about the garage doors and to continue with this idea. 11 Approved 4128/03 John Schofield stated that the PEC needed input from the housing authority and DRB. He shares a concern with regard to density. He felt there needed to be an amendment to the 300 square foot garage limitation. He asked how GRFA would affect this proposal, how does this impact enforcement and how do you deal with the caps? Rollie Kjesbo tabled this until April 28, 2003. Chas Bernhardt seconded the motion_ The motion passed by a vote of 7 -0 Gary Hartman made a motion to table items 8 and 9 per the agenda. Chas Bernhardt seconded the motion. The motion passed by a vote of 7 -0. George Lamb moved to adjourn. Erickson Shirley seconded the motion. The motion passed by a vote of 7 -0. 8. 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 I Filing from Heavy Service (HS) District to Public Accommodation (PA) is District, located at 28 S. Frontage Rd. and 13 Vail Road /Lots 9A& 9C, Vail Village 2 "d Filing. Applicant: Nicollet Island Development Company Inc. Planner: Allison Ochs TABLED UNTIL APRIL 28, 2003 9. 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 51h Filing. Applicant: Robert & Diane Lazier Planner: George Ruther TABLED UNTIL MAY 12, 2003 10. A request for a conditional use permit, pursuant to Section 12 -6D -3 (Conditional Uses), Vail Town Code, to allow for a private educational institution, located at Parcel' B, a resubdivision of Tract D, Vail das Schone 151 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 WITHDRAWN 12 • Approved 4/28/03 11- Approval of March 24, 2003 minutes 0 TABLED UNTIL APRIL 28, 2003. 12. 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 • • 11)