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HomeMy WebLinkAbout2003-1027 PECx THIS ITEM MAY AFFECT YQUR PRQPERTY ~`~'~' PUBLIC N©TICE N©TICE 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 Cade on, October 27, ZQO$, at 2:D(} P.M. in the Town of Vaif Municipal Building. In consideration of; A request for a setback variance pursuant to Section 12-6D-6 Setbacks, Vail Town Code, to allow for a garage addition, located at "1956 West Gore Creek Drive/Lot 45, Vail Village West 2"a Filing. Applicant: David Irwin Planner: Matt Gennett A request for a sign variance pursuant to Section 11-4B-Z0, Window Signs, and Section 11-4A- 1, Signs Permi#ted in Zone District, Vail Town Code, to allow for additional signage for Bogart's Bar and Bistro, located at 143 East Meadow Drive, Unit 165 {Crossroads)/Lot P, Block 5D, Vail Village 1st Filing. Applicant: A. Luc Poll Planner: Matt Gennett A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses, Vail Town Code, to allow for a public utility and public services use, located at 561 North Frontage Road (Solar Vail Condominiums}I Lot 8, Block2, Vail Potato Patch 1$t Filing. Applicant: Nextel, represented by Glen }<locke Planner: Warren Campbell A request for a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow far a public utilities installation, located at 545 North Fronta~e Road (Red Sandstone Elementary School)IPart of Lat 8, Block 2, Vail Potato Patch 15 Filing. Applicant: AT&T Wireless Services, Inc, Planner: Warren Campbell A request for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replotting of property boundary amendments, located at 2965 & 2975 Manns Ranch Road, Lots 5 & 6, Block 1, Vail Village 13~' Filing. Applicant: Clinton ,#. Kendrick,. represented by Segerberg, Mayhew, and Associates Planner: Bill Gibson A request for conditional use permit, pursuant to Section 12-71-5, Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at 862 South Frontage Road WestlUnplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts Planner: Elisabeth Eckel 1 ~~ ,~ A request for a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow far the platting of the ski-way tract and four lots at the Lionshead tennis court site and a rezoning pursuant to Section ~ 2-3-7, Administration, Vail Town Code, from Agriculture and Open Space zone district to Primary/Secondary Two-Family Residen#ial zone district to allow for the construction of residential dwelling units vn the four proposed lots and from Agriculture and Open Space zone district to Outdoor Recreation zone district to allow for the ski lifts, tows, and runs located at 815 West Forest RoadlUnplatted {A complete metes and bounds legal description is availabie for review at the Town of Vail Community Development Department). AppCicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Warren Campbell A request for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replotting of Lot 31 and Tracts C & D, Vail Village 2~`d Filing; a request to rezone Lot 31 and Tracts C &~ D, Vail Village 2"~ Filing from Outdoor Recreation (OR) and Lionshead Mixed Use 2 {LMU-2) zone districts to the General Use (GU) zone district; and a request for a conditions! use permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the operation of a water and sewage treatment plant and a public parking facility and structure, located at 848 West Forest Road/Lot 33 and Tracts C & D, Vail Village 2"d Filing. Applicant: Eagle River Water and Sanitytion District, represented by Braun Associates, Inv. Planner: Bill Gibson 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 (97Q} 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 October 10, 2©03. 2 PLANNING ANLI ENVIRONMENTAL COMMISSION PUBLIC MEETING A Mond®y, I]ctober 27,.20Q3 ~1,J] PROJECT ORf ENTATION ! - Community Develop- ment Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT MEMBERS ABSENT Si4e Visits PROOF OF PU6LICATION 1. Bogart`s- 143EaslMeatlowDr.Unit#:165 2. Vai! Mountain Ledge- 352 East Meadow Drive 3. Kendrick Residence- 2965 & 2975 Mann's Ranch Road STATI= OF COLORADO a. Red Sandstone school-545 Nnrtn Frontage 5, Solar Vail - 501 North Frunfanc goad 6. Eagle River Water & Samtatlan- 846 Weal For- est ~+5+. 7.. Tennis Court Site- 6l5 Forest Raad Driver Warren COUNTY OF EAGLE NOTE: If the PEC hearing extends until s:00 p.m.. the board may break tar dinner from 6:OD - f5:30 Public Hearingg-Tavern Council Chambers 2:OD pm 7. A request for a conditional use per- mit, pursuant to Seotion 12-Bti-3. Conditional Uses. Vail Town Code, is allow fora ,public utility 2nd public services use, located al SOS North Frontage Road j5olar Vail Condominiums)i Loi 6, Block2. Vail Potato PalCh 1st Filing. I, Sieve 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 flay a Applicant Nexiel, represented by Glen Klocke Planner warren Campbell general circulation therein; that said newspaper has been published continuously and uninterruptedly Motion: second: vote: 2. A request far a condotional use Per- in said County of Eagle for a period of more than fifty-kwo consecutive weeks next prior io the first n,il. pursuant to section t2-sG-s, conditional publication of ttte an,.~.tvJ legal notice or advertisement; that said newspaper has bi=en admitfed to the uses, veil Town code, zo allow for a ~ublie ut;laies installation, located at 5G5 North Frontage Road United States mails as a ,~ ~,;,..:ical under the provisions of the Act of March 3, 1 t375, or any amend- tRed sandstone Elementary Sctoooll, Pan ai +_oi t3, menu thereof, and that said news a er is a Bail news a er dui ualiiied for ublishin le al notices Blaak2.vail Potato Parcn 1st Fling. P P Y p P Yg P g 9 and advertisements within the meaning of the taws of the State of Cd;IW, ~~~, Appiiaant: Aran wireless services, Inc. Planner: Warren Gampbe[i Motion: Second' Vote: 3. A request for approval of an exemp- ~That the annexed Legal notice or advertisement Was published in the regular and entire issue of Query ttion lat. pursoant to Chapter 13-tz, Exemption Plat Review Procedures. Vai6 town Cade, [o ai#ow . / 4or the platting o9 property boundary amendrnenrs, number of Bald dally n::.,.,r~,,,er for the period of ......I......... consecutive ins~.~,~,z~,; and that the first located at 2x65 s 2975 Manna Ranch Raaa- tots 5 8 6, Bloak i, Vail Village 13Ih Filing. ,r publication of said notice was in the issue of said newspaper dated . l.~?~-~,C:,..P.'~..,.1......... Appriaani: Clinton ~ tcendriok, represented by sa- , ~-:. gerberg, Mayhew, aid Assac'sates '7 ~ - Planner: BYII Giffin A.D.. .~< ...... and that the last publication of Bald notice was to the Issue of said ..~.,,;,r,,~er Ma4ion: second. cote: %'l ,r(~}/~,y+) 4. A request for a sign variance pur- dated. .. ,~,r.'. ~ /~.D............~.....v~.. M1~ ...... scant to Section 51.4&2O, Window Signs, and ............ section 11-4A-1. Signs Permitted in one iS nCt, '' Vail Town Cade., to ellow for additional signage for '~~ Bagari's Bar and Bistro; located a4 143 East Mead- In wetness ~+i,;,,z::,~t I have hereUntO Sei my hand this ...,~:„ ,.. day Of ... ~ . .. . ......... ....... ow Drive, Unit if35 tCrossraads}/Let P: Block SD, Va~@ Vdiage 1st Filing. Applicant A,t.uc Dols ~. Planner: Matt'aennett 'Motion: Second: Vote: - 5. A request for conddional use. permit, .......................... . •..........,..~ ~....`....,,.-.... pursuant to Section t2-71-5, Vail Town Gode, and ' Publisher a variance from l`~tEe 14, Chapter 5. Parking Lot and Parking Structure Oes~gn Stands€ds for All Uses. Vail Town Gade. fo a11ow for the cansiruction of an unoavetl Rrivate parking fat, located at 923 Subscribed and sworn to before me, a Watery public in and far the County of Eagle, State of Colorado, south Frontage goad Westlunplatled (A complete metes and bounds legal description is avarlabie lot ,,//~~ ,r i n ~ ~ review at the Town of Vat1 Community Devetop- this . ,.~.`:j.......... day of .......~~ ..... .41.t..... meat Daps€tmenry. II ARRpGcant VaiY Resar4s PEanner: Elisabeth Eckel Motion: Second: Vale: 6. A revues? For a major subdivision pur- "-~ scant to Chapter 13-3, Malor Subdivouion, Vail r Town Gode, to allow tar the platting of the ski-way tract and tour Pats at the Lionsnead tennis coon '\ J i I • site and a rezonin pursuant to Section 12-3-7, Ad~ .. •~~ ~ ./• ministration, VaiV awn Code, from AgrlctAture and ~-- /r, ,,., - - Open Space zone district to Primary152aondary Two-Famdp Residential zone a~strici to allow tar rf Ptota PU17IlC the cans5ruotion of residential dwelling coifs an the ry four proposed lots and from Agriculture and open ~ ` ` Space Zone distort to Outdoor Aerreation zone ii+fjl Ct7rTli"71f55lO,R BXJ=i1feS.. .... .t}J..l.,,l,;...,~f~,,, tlis4rici to allow for the ski lilts, taws, and runs lo- caled at 6t5 West Forest RoadfUnptaded (A eom- plete mates and bounds legal description is availa- ble tar review ai the Tawn of Vail Community t7e- ueiopmenl Department), ~~ • ~nlter Warren Camptaeil anon. Second: Vote: 7 A request far a miner subdivision pur- suant to Chapter 13-4. Minor Sulx73vfs'ron. Vail Town Gade, to allow for the repiatting of Lot 31 and Tracts C 8 D Vail Village 2nd Fling a request to rezone Lot 3 t and Tracts C & D, Vail VrY4age 2nd F19ing. Irom Outd0or Rrcreati0n tDRI and Lrans- head Mixed Use 2 LLMtI-2) zone iiistrirts to 4he Grncral Use lGU) zone dlstrcC and a request for a COndrlional use permit pursuant to Section 42-9G- 3 Gontlitional Uses. Val Town Cade, to allow for the operation o1 a water and sewage treatment plant and a putrlic parking tacNlty and structure. lo- cated at ya6 Wosl Forest Road~Lol 3t and Trac[s G 8 t7, Vai! Vdlacie 2rd Filing. Applicant: Eagle Rrver Water and Sanitation pis- trict. represented by Braun Associa7es. lnc. Planner: Bill Gibson Motion. Secorxi• Voie: 8. A request for major extenor alteration pur- suant to Section 12-7M-7, Vaii Town Gode. to allow br the canslruation of new dwelling units and ac- commodation tin#FS at Vaii Marnott Mountain Re- sort located at 715 Wesl Lionshead Gircle~Los C antl D. Morcus Subdivision, and La[ 7, Marrsott Subd.ivtsion Applicant: Vail Mountain Marriott Resort, repre- sented by Gwathmey, Pratt., Schultz Planner: George Author Motion' Second: - Vote: g. A reyuesl for a conditional use permit pursuant Ia Section 12.7A-3, Vail Town Gode; a motor extenar alteration pursuant to 12-7A-12, Vail Town Code, tc alYaw far imoditications 10 the exist- ing Tractional tee club and a restaurant addition',. antl a reqquest fora 4udding hetghit variance pur- suant to Ghaptar t7. Vail Town Code. to allow for dormer adddoons, at the Vail Mountain Lotlge and Spa, laaated at 352E Meadow Dave r Tract B, Vail VAlage 1st Filing- Applicant: Vail Mountain Lodge LLG, represert- ed by Braun Assoriates, Inc. Planner: George Ruther Motion: Second: Vote: k0. A request for a setback variance pur- suant to Section 12.6D-fi Setbacks, Vail Town Gade, to aICOw bra garage addition, located at 1856 Wrsl Gore Creek DnvelLot 95, Vail Village blast 2nd Filing. Applicant: David Irvvin Planner Matt Genne¢ TABLED TO NOVEMBER 117, 2003 The applications and hnfarmation about the propos- als are available for public mspe-cttan during. regu- lar Oflice hours in Iha pr0~ecl p4anner's alfice IOCat- od at the Town of Vail Community pevaloprrient Ueparlmant, 75 South Frontage Roart Please call 479-21,i~7 for inbrmation. Sign langquage intarprclation available upon re- quest wiiEi 24 hour notilicalion, Please Call 479- 2356, Telephone for the Hearing Impaired, for in- formation. Gammnnily Deveiopmenl pepartmenl Puuhtishrd October 24, 2003 in the VaiV Daily PLANNING AND ENVIRONMENTAL COMMISSION ~~~~~ ~~ PUBLIC MEETING Monday, October 27, 2003 PROJECT ORIENTATION f -Community Development Dept: PUBLIC WELCOME 72:OD pm MEMBERS PRESENT MEMBERS ABSENT Site Visits. 1. Bogart's- 143 East Meadow dr. Uni# # 165 2. Vail Mountain Lodge- 352 East Meadow Drive 3. Kendrick Residence- 2965 & 2975 Mann's Ranch Road 4. Red Sandstone School- 545 North Frontage 5. Solar Vail - 541 North Frontage Road 6. Eagle River Water ~ Sanitation- 846 West Forest 7. Tennis Court Site- 615 Forest Road Driver: Warren ~~ NOTE: If the PEC hearing extends until 6:04 p.m., the board may break for dinner from 6:00 - 6:3fl Public Hearing -Town Council Chambers 2:i~0 pm A request for a conditional use permit, pursuant to Section 12-8H-3, Conditional Uses, Vail Town Code, to allow for a public utility and pub{ic services use, located at 501 North Frontage Road (Solar Vail Gondominiums)I Lot S, Black2, Vaii Potato Patch 1$~ Filing. Applicant: Nextel„ represented by Glen Klocke Planner: Warren Campbell Motis~n: Second: Vote: 2. A request for a conditional use permit, pursuant to Section 12-9G-3, Conditional Uses, Vail Town Code, to allow far a Public Utilities installation, located at 545 North Frontage Road {Red Sandstone Elementary School), Part of Lot S, Block 2, Vail Potato Patch 15c Filing. Applicant= AT&T Wireless Services, Inc. Planner: Warren Gampbel! Motion: Second: Vote: 3. A request far approval of an exemption plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for the platting of property boundary amendments, located at 2965 & 2975 Manns Ranch Road., Lots 5 8~ 6; Block 1, Vail Village 13t~' Filing. Applicant: Clinton J. Kendrick, represented by Segerberg, Mayhew, and Associates Planner: Bill Gibson ry~~ +~j~ ~J p 7,~ r it 1 SR ~11 ~P T~~L Motian: Second; Vote: 4. A request for a sign variance pursuant to Section 11-4B-2q, Window Signs, and Section 11-4A-1, Signs Permitted in Zone District, Vail Town Cade, to allow for additional signage for Bogart's Bar and Bistro, located at 143 East Meadow Drive, Unit 165 (Crossroads}ILot P, Block 5D, Vail Village 1St Filing. Applicant: A.Luc Pols Planner: Matt Gennett Motion: ~ecand: Vote: 5. A request for conditional use permit, pursuant to Section 12-71-5, Vail Town Cade, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at 923 South Frontage Road WestlUnplatted. {A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department}. Applicant: Vail Resorts Planner: Elisabeth Eckel Motion: Second: Vote: 6. A request for a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Town Cade, to allow far the platting of the ski-way tract and four lots at the Lionshead tennis court site and a rezoning pursuant to Section 12-3-7, Administration, Vail Town Code, from Agriculture and Open Space zone district to Primary/Secondary Two-Family Residential zone district to allow for the construction of residential dwelling units on the four proposed Tots and from Agriculture and Open Space zone district to Outdoor Recreation zone district to allow for the ski lifts, taws, and runs located at 615 West Forest Road/Unplatted {A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department}. Applicant: Vail Resorts, represented by Braun Associates, inc. Planner: Warren Campbell Motian: Second: Vote: 7. A request for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Cade, to allow far the replotting of Lot 31 and Tracts C & D, Vail Village 2nd Filing; a request to rezone Lot 31 and Tracts C & D, Vaif Village 2:,d Filing from Outdoor Recreation {OR) and Lionshead Mixed Use 2 {LMU-2} zone districts to the General Use (GU) zone district; and a request for a conditional use permit pursuant to Section 12-9C- 3, Conditional Uses, Vail Town Code, to allow for the operation of a water and sewage treatment plant and a public parking facility and structure, lacated at 846 West Forest RoadlLot 31 and Tracts C & D, Vail Village 2"d Filing. Applicant: Eagle River Water and Sanitation District, represented by Braun Associates, Inc. Planner: Bill Gibson Motian: Second: Vote: 8. A request far major exterior alteration pursuant to Section 12-7H-7, Vail Town Cade, to allow for the construction of new dwelling units and accommodation units at Vail Marriott Mountain Resort, located at 715 West Lianshead CirclelLots C and D, Marcus Subdivision, and Lot 7, Marriott Subdivision • Applicant: Vail Mountain Marriott Resort, represented by Gwathmey, Pratt, Schultz Planner: George Ruther Motion: Second: Vote: 9. A request for a conditional use permit pursuant to Section 12-iA-~, Vail Town Code; a major exterior alteration pursuant to 12-7A-12, Vail Town Code, to allow for modifications to the existing fractional fee club and a restaurant addition; and a request for a building height variance pursuant to Chapter 17, Vail Town Cade, to allow for dormer additions, at the Vail Mountain Lodge and Spa, located at 352 E. Meadow Drive / Tract B, Vail Village 1$~ Filing. Applicant: Vail Mountain Lodge Ll~G, represented by Braun Associates, Inc. Planner: George Ruther Motion: Second: Vote: 1 IJ. A request for a setback variance pursuant to Section 12-6D-6 Setbacks, Vail Town Code, to allow far a garage addition, located at 1955 West Gore Creek ^rivelLot 45, Vaii Village West 2"a Filing_ Applicant: David Irwin Planner: Matt Gannett TABLED TO NC3VEMBEF~ 10, 2003 • The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Raad. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please calf 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department ~'ublished October 24, 2D03, in the Vail Daily w X599 PJBUC N©TICE THIS REM MAY AFFECT YOUR PUBLIC ki7TICE [S HEREBY GIVEN that lenlai Commission of the or the vau sown cane on, rJc at 2:fMF P.M. in iho Town a1 Vail .g. In consideration of: STATE OF COLORADO COUNTY OF EAGLE PROOF OF PUBLICATION .~J S. request tar a seitsack variance pursuanF to n 12-BD-fi Setbacks, Vail Town Code, ro a garage addition, ioeated at 1958 west ~eok Dnve~`Lat 45, Vail Village west 2nd Filinr it: David Irwin - Mat1 Gennetl sl for a sign variance pursuant to Seotion ), window signs, and Section 11-4A-1, ~rmitted in Zone DisMct, Vail Town Cade, for additional signage 1nr Bogart's Bar and ~cated at i43 Easl Meadow Dave, Unit iss adsVLat P, Block 5D. Vail Village 1st Fii- I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that th@ 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 sabd newspaper has been published Lam" /,~uously and uninterruptedEy in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first pub\..~::.,.. of the ~,„,w.:.J legal notice or advertisement; that said nev,:,,~:.,,.:. has been admitted tc the United States mails as a r~~~ `_...;al under khe provisions of khe Act of March. 3, 1879, or any amend- ments iC,~,~~f, and that said newspaper is a daily netiuspaper duly gt!alified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That ltle anneXed legal n6tlCt'. Or adVertiSement was published In the regular and Er1tIFe ISSIfe of every number of said daily ..,; ~,spaper for the period of ......./.~..... ~ ' ~ertions; and that the first putali.,~,:iv,l of said notice was in the issue of said newspaper dated ~utl~t~./~.-.~r,-....... A. D..~r~..~..... and that the last p li~catian of said notice was in the issue of said newspaper dated..~L -t.'~L..~~?-- A.D........rrX.~~..,....,.... In wisness whcroof I have hereunto set my hand thfs ......~.. day of ...`~:.l..E~.!.... ~} V ',. ' % ~~ '`ti,. Publisher Subscribed a worn to be. -,fir .I e. notary public in anrd~ior the County of Eagle, State of Colorado, this .........~.../..,..... day of ~~~~.~/~~--...~/ y~ ' `~. ylj 'j f ~,p Notary Public ~j n :. My Gamrtll.~~;ur, expires,,....L...~'...~.,:`..,1.....~:f ,...... • opltcanC. A. Lua POIs inner: Mats Gennet4 request for a conditional use permit. pursuant to fiction t2-6H-3, Conditional Uses, Vail Town Ida, to allow for a public utility and pudic serv- ant: Nextel, represented try Glen Klocke ar: warren Gampbcll last for a condrtional use permit. pursuant to n 12-9C-3, Coradttional Uses. Vail Town to allow for a pubdic uEltities installation, h- at 545 North Frontage Road (Red Santl- Elementary Schoo~l)a'Part of Lot 8. Black 2.. Itato Padch 1st Filing. SerwceS, tdlC. tr a minor subtlivision pursuant to Minor Subdivision, Wail Tawn Cods, Iho raplaging pi property 4oun€lary located at 2965 8 2975 Manes Lots 5 A~ 6, Block 1, VaiP Vrllaga t9th diesel: Clinton J. Kendrick, represented by Segerborg, Mayhew, and Associates finer. Biti C,ibson equest for conditional use permit, pursuant to dton 12-71.5, Vail Town Code, and a variance ~ Tllle 14. Chapter 5, Parking Lot and Parking reiure Design Standards for AI9 Uses, Vail Town te, to allow for the construction of an unpaved ate perking tut, located et 862 South Frontage Id wesUUnplalted. {A completo mares and rids legal description rs available tar review 21 Town of Vail Community Development Depart- Vail Resorts Elisabeth Eckel A request for a ma or subdnnsion pursuant to Chapter 13-3, Molar ~trbdivisian, Vail Town Coda, to allow tar the plahing of the slci-way Itact and fOaf IOts at the Lionshead tennis court site and a rezoning pursuant to Section 92-3-7, Administra- tion, Vall Town Cade, from Agriculture and Open Space zone dislricl to Primary/Secondary Two- Family Residential zone district to allow for the CanalruCtiDn of residential dwel€ing units on [he four proposed lots and ham Agriculture and Open Space zone district to Outdoor Recreation zone dislricl la allow for the ski lif€s, tows,. and runs 10- caled aC 615 wort Forest RoadlUnplatted (A com- plete males and bounds legal descxlption is availa- ble for review at the Ttrivn of Vail Community De- velopmenl DepartmentJ. . Applicant: Vail Resorts, represented by Braun Associates. Ilxt. Planner: Wartan CampkreN r:; -. w 31 acid Tracts D & O, VaiY Village 2nd t=iling from Outdoor Recreatson (OA) and Llonshead Mixed Use 2 (LMU-2} zone districts 4o the General Use (Gil) zone district; and a request for a conditlpnal use permit pursuant to Section 12-9C-3, Condttion- al Uses, Vail Town Cade, to allow for the operation of a water and sewage t.v~:...~nt plarri and a pub- lic perking facility and structure, located at 846 West Forest RoacuLOt 31 and Tracts C R D, Vail Village 2nd Filing. Applicant: Eagle River Water and Sanitarian District, represented by Braun Associates.lnc. Planner; Bill Gibson The applications and in:,,.,,~.,:~.. atsout these pro- posals are avai43bie for public inspection dunng regular ~siness hours at the Town of Vad Cqm• muniry pavelepment Department ofliee, 76 South Frontage Road.'fhe public is invited to attend 4he projeet orientation held in the Town of Vail Gam- munil}r Development Department oftYce and the site vestts that ,..<..~~.: the public hearing. Please call (g70} 479-2138 for at5dihonal information. Sign language interpretation is avai9able upon re- quest with 24-hour notificaban.. Please call (970) 479-2366, Telephone far the Mearing Impaired, for atldlt+onal informaton. This rto6oe published in the Vall Daily on tktober 10, 2003. THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will held a public hearing in accordance with Section 12-3-6 of the Vail Town Code on, October 27, 2003, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration vf: A request for a setback variance pursuant to Section 12-6D-6 Setbacks, Vail Town Code, to allow for a garage addition, located at 1956 West Gore Creek DrivelLot 45, Vail Village West 2"~ Filing. Applicant: David Irwin Planner: Matt Gennett A request for a sign variance pursuant to Section 11-4B-20, Window Signs, and Section 11-4A- 1, Signs Permitted in Zone District, Vail Tawn Code, to allow for additional signage for Bogart's Bar and Bistro, located at 143 East Meadow Drive, Unit 165 {Crossroads}ILot P, Block 5D, Vail Village 1St Filing. Applicant: A. Luc Pals Planner: Matt Gennett A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses, Vail Town Code, to allow for a public utility and public services use, located at 5U1 North Frontage Road {Solar Vail Candominiums)I Lot 8, Block2, Vail Potato Patch 1St Filing. Applicant: Nextel, represented by Glen Klocke Planner: Warren Campbell A request for a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a public utilities installation, located at 545 North Fronta~e Road {Red Sandstone Elementary School)/Part of Lot 8, Block 2, Vail Potato Patch 1S Filing. Applicant: AT&T Wireless Services, Inc. Planner, Warren Campbell A request for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replotting of property boundary amendments, located at 2965 & 2975 Manns Ranch Road, Lots 5 & 6, Block 1, Vail Village 13th Filing. Applicant: Clinton J. Kendrick, represented by Segerberg, Mayhew, and Associates Planner Bill Git~son A request for conditional use permit, pursuant to Section 12-71-5, Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at 862 South Frontage Road West/Unplatted. {A complete metes and bounds legal description is available far review at the Tawn of Vail Community Develapmen# Department). Applicant: Vail Resorts Planner: Elisabeth Eckel ~. ~i A request for a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Town Gode, to allow for the platting of the ski:-way tract and four lots at the Lionshead tennis court site and a rezoning pursuant to Section 12-3-7, Administration,. Vail Town Code, from Agriculture and Open Space zone district to PrirnarylSecondary Two-Family Residential zone district to allow for the construction of residential dwelling units on the four proposed lots and from Agriculture and Open Space zone district to Outdoor Recreation zone district to allow far the ski lifts, tows, and runs located at 615 West Forest RoadlUnplatted {A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department}. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Warren Campbell A request. for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replotting of Lot 31 and Tracts C & D, Vail Village 2"~ Filing; a request to rezone Lot 31 and Tracts C & D, Vail Village 2"~ Filing from Outdoor Recreation (OR} and Lionshead Mixed Use 2 (LMU-2} zone districts to the General Use (GU} zone district; and a request for a conditional use permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for the operation of a water and sewage treatment plant and a public parking facility and structure, located at 846 West f=orest RoadlLot 31 and Tracts C & D, Vail Village 2"d Filing. Applicant: Eagle River Water and Sanitation District, represented by Braun Associates, Inc. Planner: Bill Gibson The applications and information about these proposals are available for public inspection during regular business hours at the Town of Vail Community Development Department offce, 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 khat 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 native published in the Vail Daily on October 1fl, 2003. C 2 PLANNING AND ENVIRtJNM>=NTAL CQMMISSIOIV PUBLIC MEETING Monday, October 27, 2003 PROJECT ORIENTATION I -Community Development Dept. PUBLIC V1IELCOMI= 12:00 pm MEMBERS PRESENT Site Visits: MEMBERS ABSENT 1. Bogart's- 143 East Meadow Dr. Unit # 165 2. Vail Mountain Lodge- 352 East Meadow Drive 3. Kendrick Residence- 2905 & 2975 Mann's Ranch Road 4. Red Sandstone School- 545 N©rth Frontage 5. Solar Vail - 501 North Frontage Road 6. Eagle River Water & Sanitation- 846 West Forest 7. Tennis Court Site- 615 Forest Road Driver: Warren ~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 1. A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses, Vail Town Code, to allow for a public utility and public services use, located at 501 North Frontage Road (Solar Vail Condominiums)/ Lot $, Block2, Vail Potato Patch 1St Flling. Applicant: Nextel, represented by Glen Klocke Planner: Warren Gampbell Motion: Second: Vote: 2. A request for a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a Public Utilities installation, located at 545 North Frontage Road (Red Sandstone Elementary School), Part of Lot $, Block 2, Vail Potato Patch 1St Filing. Applicant: AT&T Wireless Services, Inc. Planner: Warren Campbell MotiQrz: Second: Vote: 3. A request for approval of an exemption plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, VaiC Town Code, to allow for the platting of property boundary amendments, located at 2965 & 2975 Manns Ranch Road, Lots 5 & 6, Block 1, Vail Village 13`h Filing. Applicant: Clinton J. Kendrick, represented by Segerberg, Mayhew, and Associates Planner: Bill Gibson ~~~ 1Y Tr~wu ~~ va r~.l ~+ Motion: Second:. Vote: 4. A request for a sign variance pursuant to Section 11-46-20, Window Signs, and Section 11-4A-1, Signs Permitted in Zane District, Vaii Town Code, to allow for additional signage for Bogart's Bar and Bistro, located at 143 East Meadow drive, Unit 165 (Crassroads)JLat P, Block 5D, Vail Village 1S` Filing. Applicant: A.Luc Pols Planner: Matt Gennett Matian: Secand: Vote: 5. A request for conditional use permit, pursuant to Section 12-7i-5, Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lat and Parking Structure Design Standards for Alf Uses, Vail Town Cade, to allow for the construction of an unpaved private parking lot, located at 923 South Frontage Road WestJUnplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts Planner: Elisabeth Eckel Motion: Secand; Vate: 6. A request far a major subdivision pursuant to Chap#er 13-3, Major Subdivision, Vail Town Code, to allow for the platting of the ski-way tract and four Lots at the Lionshead tennis court site and a rezoning pursuant to Section 12-3-7, Administration, Vail Town Cade, from Agriculture and ©pen Space zone district to PrimaryJSecondary Two-l=amity Residential zone district to allow for the construction of residential dwelling units an the four proposed lots and from Agriculture and Open Space zane district to Outdoor Recreation zone district to allow for the ski lifts, tows, and runs Located at 615 West Forest RoadlUnplatted (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Warren Campbell Motion: Second: Vote: 7. A request for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Cade, to allow for the replotting of Lot 31 and Tracts C & D, Vail Village 2"d Filing; a request to rezone Lat 31 and Tracts C & D, Vail Village 2"d Filing from Outdoor Recreation (C7R} and Lionshead Mixed Use 2 (LMU-2) zone districts to the General Use (GU) zane district; and a request for a oanditional use permit pursuant to Section 12-9C- 3, Conditional Uses, Vail Town Code, to allow far the operation of a water and sewage treatment plant and a public parking facility and structure, located at 846 West Forest Road/Lot 31 and Tracts C & D, Vail Village 2"d Filing. Applicant: Eagle River Water and Sanitation District, represented by Braun Associates, Inc. Planner: Bill Gibson Matian: Secand: Vote: S. A request for major exterior alteration pursuant to Section 12-7H-7, Vail Town Code, to allow for the construction of new dwelling units and accommodation units at Vail Marriott Mountain Resort,. located at 715 West Lionshead CircleJLots C and D, Morcus Subdivision, and Lot 7, Marriott Subdivision Applicant: Vail Mountain Marriott Resort, represented by Gwathmey, Pratt, Schultz Planner: George Ruttier Motion: Second: Vote: 9, A request for a conditional use permit pursuant to Section 12-7A-3, Vail Town Code; a major exterior alteration pursuant to 12-7A-12, Vail Town Code, to allow for modifications to the existing fractional fee club and a restaurant addition; and a request for a building height variance pursuant to Chapter 17, Vail Tvwn Cade, to allow for dormer additions, at the Vail Mountain Lodge and Spa, located at 352 E. Meadow Drive / Tract B, Vail Village 15t Filing. Applicant: Vail Mountain Lodge LLC, represented by Braun Associates, Inc. Planner: George Bother Motion: Second: Vote: 10. A request for a setback variance pursuant to Section 12-6D-6 Setbacks, Vail Town Code, to allow for a garage addition, located at 19561Nest Gore Creek DrivefLot 45, Vail Viilage'VU'est 2"d Filing, Applicant: David Irwin Planner: Matt Gannett TABLED TO NOVEMBER ~0, 2003 11, Approval of September 22, 2003 minutes 12. Information CJpdate The applications and information about the proposals are available for public inspection during regular office hours in the pro}ect planner's office located at the Town. of Vail Community Development Department, 75 South Frontage Road. Please call 4792138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Rearing Impaired, for information. Community Development Department Published October 24, 2003, in the Vail Daily PLANNING AND ENVIRONMENTAL COMMISSION • PUBLIC MEETING Monday, SeptemlJer 22, 2003 PROJECT ORIENTATION ! -Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT John Schofield Erickson Shirley Doug Cahill Gary Hartmann George Lamb Rollie Kjesbo Chas Bernhardt Site Visits: 1. Pirateship Park- Tract E, Vail Village 5th 2. Lianshead Tennis Court Cite- 615 West Forest Raad 3. D'Orisio - 4444 Streamside Circle Driver: George ~~ NOTE: if the PEC hearing extends unti16:00 p.m., the board may break far dinner from 6:00 - 6:30 Public Hearing -Town Council Chambers 12;00 pm 2:00 pm A request for a final review of an exterior alteration or modification, pursuant to Section 12-7B-7, Exterior Alterations ar Madificatians, Vail Town Cade, to allow for an addition to the Lodge at Vail; a request far a variance from Section 12-21-10, Deveiopmen# 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 Veil'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: Vai! Resorts, represented by Jay Peterson Planner; George Rather George Rather introduced the project according to the memorandum. The applicant, Jay Peterson, from Vail Resorts, mentioned that comment would be withheld until comments and questions were made by the public- John Schofield wanted to make sure that Lodge Tower information had been addressed. Ron Riley, from Las Amigos restaurant, mentioned that he was most concerned about the loading and delivery plan. He was curious. about what the merchants knew about the loading and delivery. He wanted to make sure that the record reflected the lack of detail that was presented to the public, stating that he would not be surprised if the ~~ TON'A` 4F VAIL ~ r loading and delivery plan was not as efficient or workable as was currently hoped for. Being involved with Russell's restaurant, at the end of the street, he was skeptical as to how "the product" was transported from the dock to that location. He stated that some impairment may be caused through the relocation of the ski storage to the basement and wanted to make sure that the ordinance justifying that change was, indeed, sensible. He urged the PEC to be mindful of the things he had spoken about. John Schofield replied that the Town of Vail would be operating the loading and delivery operations and that some details were still forthcoming. Sarah Baker, an attorney representing the residential owners of Bridge Street Lodge, stated that her clients supported the plan, but were primarily concerned about any future development that might occur as a result of the project. She also expressed concern about the future of Tract E. Andy Littman, representing Luanne We11s and the 1Nells Team, mentioned that Ms. Wells wanted the project to be a world-class project, since even the master plan dictated such types of development. He stated that the Wells Team felt the plan was not yet of "world-class„ caliber. He wanted to make sure that suffcient public goad would result from the project. The fourteen bays were being placed "in the middle of the town" and specific conditions should require satellite locations far loading and delivery operations. He wondered whether it was compatible to have "back-char functionsT at this "front-door lacationn, unless there was considerable public benefit that resulted. Were environmental impacts being addressed? He wondered, again,, why aworld-class architect was not consulted about the plans as they were being shown today. Other issues unsolved to date included traffic flaw and congestion issues„ and he mentioned the lack of a cosUbenefit analysis. Did' the Town know that the project was a "safe and prudent" one? Vail was not Beaver Creek, he went an to say. Did Vail want the same amount of hardscape that existed at Beaver Creek? The landscaping plan was lacking and the areas within the project would not to be optimally maintained. The hand truck portal should be located in a place where it would impact residents to a lesser degree.. The One Vail Place easement had been compromised, he added. He wanted to know if the spaces between the buildings would be as conducive as Bridge Street currently is for meeting, congregating and socializing. Gwen Scalpello mentioned the traffic impact study and her concern about the traffic generation at the four way stop at Vail Road and Meadow Drive. The time spent waiting for pedestrian and vehicular traffic was already notable, she said, and asked that the carrying capacity between the main roundabout and the stop sign be re-analyzed. Sybill Navas questioned condition number 15, now condition number $, George Rather explained that Vail Resorts would work with the Special Events Commission to use the Vista Bahn ski yard for special events. Sybill Navas commented that the condition did not imply #hat the result was going to be amenable to both sides. She wanted to see the space available far community use and was concerned that that Commission would be "handed a use agreement". John Schofield said that ski races, bike races, and other similar events were anticipated for the area. The area was well-suited for special events, and Mr. Schofield said that input from the SEC would definitely be solicited. George Ruther mentioned that if the agreement between the SEC (Town of Vail) and the applicant was not reached, then the condition had not been met. Jim Lamont expressed confusion about the condition. George Ruther said that October 31, 20D3, was the deadline for submitting an agreement. Jim Lamont wanted to know what the process would be for solidifying special events. George Ruther stated that the process would be communicated #o affected parties after it had been presented to the Town Council. Jim Lamont asked if there would be public hearings conducted in order for affected agencies to have discussions about special events issues. George Ruther replied that once the document had been through Council, a schedule to address these issues would be organized. Jim Lamont wanted to verify that certain covenants would be affected. He also asked about the "no build area": would it be inappropriate to designate in the development plan a "no build area" in the special event area? John Schofield said that the proposed condition number 6 already referenced a no build area. Mr. Lamont mentioned that the version he had received had probably already been reviewed by the Town Attorney, and others, but that many, besides himself, deemed the area appropriate far a "no build area". He then expressed mild concern. about the wakefulness of the Commission and wondered if a management committee could be instituted to organize special events. George Ruther said that a balance of special events interests would be achieved. In regard #o Gold Peak, Mr. Lamont clarified that adjacent property owners were not consulted about special events a# that location, but instead had to be proactive to gain a voice. He was confused about where the loading and delivery bays were. He further questioned the importance of the bays' locations. He asked if there would be any problems with the location if the land was not brought into the Town of Vail. He felt it not in the purview of the PEC to require a design review consultant, as the Vllells Team had suggested. He did assume that the Town staff was not "playing favorites" an the design review issues, however. Regarding Pira#e Ship Park, he questioned the liquor license policies for that area. Furthermore, the large size of the tract did not seem proportional to wha# was being built. He asked that the TOV clarify what "recreational uses" are, since area homeowners would staunchly approach any dining deck extension. He also wondered about the "'public access Basemen#~: why is there an interconnection with hllill Creek Circle? George Ruther answered that the connection would be made from Tract E, south of Los Amigos, a general east-west connect%on. lAllr. Lamont requested further clarification about that connection in the form of a schema#ic. He asked about the draft of the master plan that was reference earlier in the meeting. Greg Hall stated that the plan was a 1997 plan refierencing one facility for the entire Village, which would have definitely been impractical, and was therefore correct. Mr_ Lamont finished by stating that plenty of room remained to fine-tune the details he had, and others had spoken about. Russ Forres# stated that he could not respond to the Pirate Ship Park issue, George Ruther said that the boundary line had been extended to 5 fee# east of the creek so that maintenance to the stream banks could be done by the TOW. Jay Peterson stated that the connection was made to Tract H, and therefore a comprehensive ownership existed by the 7CaV. The biggest concern of merchants was to separate the trucks from the main pedestrian areas, he said. Regarding ski storage, it was located according to the customers, not the zoning regulations. If anything were to be changed, the PEC would be privy to those changes through an amendment, he added. Regarding special events, a ski park AND a summer recreation area had been designed that would hopefully work for everybody. Vail Resorts would not be making the decisions regarding the use of the space for special events: Town of Vail staff would be, however. He stated that the Wells Team had presented the same concerns far the past five months, each of which had been answered numerous times. The Tawn of Vail would be in charge of decisions regarding the project from this point ouf. A world-class architect, Planning Commission, Design Review Board, and Staff had given input, he pointed out. Many, many meetings and much collaboration hart brought Vail Resorts to the place they stood at today, Mr. Peterson finished by saying. Jahn Schofield asked when construction was slated to begin, assuming no major changes. Jay Peterson responded that P3 8~ J construction would begin next year and the Front Door aspect would begin in 2005, though the land exchange was still pending. The development plan was the only thing that assured the building process. Jim Lamont asked if the project would go to Council automatically or if the Council would have to call the project up, George Ruther responded that the Tawn had adopted a development review process in which the PEC was the final reviewing board. Mr, Lamont asked if the plan was able to be appealed by affected property owners to the Town Council and the related time table. George Ruther stated that twenty days existed during which an appeal could be made. The Council took alive-minute break. Doug Cahill stated that though the process had been long, it had been thorough. Public comment had been taken into consideration. He acknowledged that the loading and delivery plan would need to be discussed further. The project was already world-class, and the design would be privy to DRB approval and suggestions from here on. Regarding satellite delivery locations, those were being discussed. The Town of Vail would make sure that traffic added. The "no build zone' pending no further changes_ the land swap, he finished. flaws and congestion were dealt with appropriately, he 'would automatically be part of the development plan, The development plan was contingent on the approval of Chas Bernhardt stated that he believed the project to be world-class, and in an appropriate location as well. The traffic consultants did not feel that traffic would be an issue, he continued. The projects that Vail Resorts had completed in the past were beneficial to the community, though na plan is perfect the first time around. Certain adjustments would be made as the plan was implemented. Regarding agreements with groups for special events usage, he didn't think. that would be a problem. The forty percent slope would likely not cause any problems in the future because that slaps would be eliminated with project completion. George Lamb agreed with Mr, Cahill's comments about the efficacy of the methodical approach the applicant followed in getting the project approved. The loading and delivery issue was a "big piece" of the project, but not the mast important aspect, and could be flexible in the creation of a special environment. The plan would be refined aver time, he added. He felt it was appropriate that the DRB would have input an many of the remaining issues. He mentioned the importance of artwork in the project's completion, referencing the million dollars that had been allocated for creative usage of art. Doug Cahill asked about the location of the EHU's and stressed that the public access, from the west to the east of the project, be weld-lighted and obviously open to the public. John Schofield stated that the Front Door project was the first major project that the Commission had considered in stages. The record reflected the expert reports and studies that had contributed to the project's review. Specifically, a condition of approval would be added that the various conditions of approval would be referred to the appropriate Town agencies for further review. Ski storage had always been an issue, he continued, and could be re-examined. The cast/benefit ratio would be astronomically in the Town's favor as the applicant was building and donating the project and its uses to the Town! Landscaping would be addressed by the DRB, who would critique it closely. The delineation of the bike path through the project was important, he continued. Traffic concerns and questions were shared by both the public and the Commission. Regarding Vail Road and Meadow Drive, traffic could be regulated before entering the Village by diversion to East Vail or other areas as deemed necessary. Regarding the "no build zone", any modifications proposed would return to the PEC, and therefore were not currently an issue. As far the annexation to the TQV, the PEC approval would be contingent an that annexation approval. Jay Peterson commented that a portion of the project could be built with a special use permit, if necessary. However, the project was planned an being built according to the development plan, though a different direction may need to be taken. John Schofield expressed concern that the PEC approval would be null and void if the land was under Eagle County jurisdiction. Jay Peterson stated that PEC approval and conditions would apply whether the land was annexed or not, according to his sources. John Schofield asked about the validation of certain zoning if the annexation was not J carried out. George Ruttier stated that the zoning under question would not apply if the annexation was not completed. Sybili Navas commented that the annexation or lack thereof would significantly affect special events. Exterior' Alteration Vote, with condifions dated 9.22.03, 1'Jwith the deletion of "preliminary" and 2)the addition of the "no build area" clause; also, )items 6e reviewed by appropriate reviewing boards with public notice. 'Motion: Doug Cahill Second: George Lamb Vote: 4-Q-0 John Schofield clarified to George Ruttier that the conditions would need to be referred to the appropriate reviewing boards. George Ruttier clarified that the public notice, would include notice to the appropriate reviewing boards. 51ope Variance Vote Matiion: Doug Cahill Second: George Lamb Vote: 4-0-0 Final 17evelopmenf Plan Vote, with amended conditions Motion: Doug Cahill Second: George Lamb Vote: 4-d-tl John Schofield asked Jay Peterson for clarification of remaining issues, which Mr. Peterson replied affirmatively to. 2. A request for a conditional use permit pursuant to Section 12-7A-3, Vail Tvwn Code; a major exterior alteration pursuant to 12-7A-12, Vail Town Code, to allow for modifications to the existing fractional flee club and a restaurant addition; and a request for a building height variance pursuant to Chapter 17, Vail Town Code, to allow for dormer additions, at the Vail Mountain Lodge and Spa, located at 352 E. Meadow Drive / Tract B, Vail Village 1 si Filing. Applicant: Vail Mountain Lodge LLC, represented by Braun Associates, Inc. Planner: George Ruttier Motion: Second: Vote: TABLED TO QCTC36ER 13, 2U03 3. A request far a floodplain modification pursuant to Chapter 1446, Grading Standards, Vail Town Code, to allow for the construction of new bridge abutments in the Mill Creek floadplain at Pirate Ship Park located at Tract l~, Vail Village 5t~` Filing Applicant: Vail Resorts, represented by Town of Vail Planner: Bill Gibson Bill Gibson introduced the project according to the memorandum. Na public input was offered. n George Lamb, Daug Cahill, and Chas Bernhardt had no comment. Russ Forrest clarified that no change or development was proposed on the wetland area that the Town owns. Mr. Rumford stated that there was still plenty of land on the north side of the site and that the bike path should be preserved. John Schofeld asked far further public comment and then for general Commissioner comment.. George Lamb wondered if any design guidelines would apply specifically to the four lots that would tie the homes together as one project. Dominic Mauriello commented that general guidelines would apply and had yet to be decided on, In general the Town's zoning and design guidelines would determine the appearance of the homes. George Lamb urged the applicant to consider continued use of the path under question near Forest Road. Doug Cahill commented that this plan was much more detailed and thorough than the previous plan. He had concerns about the numbers and placement of parking spaces and asked about the zoning of the four lots. Dominic Mauriello responded that there was no single-family residential zoning in the Lionshead filing under question, which is why Vail Resorts decided to make it an extension of the Two-family PrimarylSecondaryzonc district which currently exists on the neighboring properties. Doug Cahill clarified that spring of 2004 was when construction was slated to begin. He also asked about a gate for the residences. Regarding the path, fie asked how the path was maintained in the winter. Chas Bernhardt commented that overall, he though the projects would provide great improvements to the area. He questioned the fact that the use of private property had become the right of area homeowners and asked that more research be done regarding the use and ownership of that path. Mr. Rumford commented that plenty of public property existed in the area he was concerned about using. John Schofield hoped that these projects would be catalysts far extensive Lionshead rejuvenation efforts. He thought the timeline for approval was appropriate and commented #hat each aspect of the project would likely move at a different pace. He urged Staff and Council to make speedy progress on the location of the Transportation Center. He asked that progress be made on the tract along the stream as wail. Regarding the skier bridge, he requested that the design be effective year round and not just seasonal. He asked about access to the Kaltenberg and parking issues, which would need to be addressed sooner, rather than later, with special attention paid to phasing. As for the specifies of the tennis courts, the owners on Forest Road were adamant that the parcel in question was not included in the master p{an. He thought that design regulations for the homes should be in accordance with the Town of Vail/Design Review Board regulations, and nothing else. He wanted to ensure that a distinct delineation between the ski hill and the residences was made via a gate, a fence, or by other means, and asked that the applicant address the path under question near Forest Road. He requested that Staff give an overview to the PEC on the Lionshead Redevelopment Master Plan_ Russ Forrest commented that Staff would provide an overview and that an amendment to the master plan may eventually occur. John Schofield said that further changes to the four lots would likely be minor, but that the bigger projects would need more time as they were more complex. Motion: Doug Cahill Second: George Lamb Vote: 4-0-0 Tabled to Qctober 13, 2003 5. A request for a variance from Section 12-14-17, Setback from Watercourse, Vail Town Code, to allow for a residential addition in the Gore Creek setback, located at 4444 Streamside Circle 1 Lot 11, Bighorn 4th Addition. Applicant: Thomas O'Dorisio, represented by John Perkins. Planner: Warren Campbell Warren Campbell introduced the project according to the memorandum. Neither the applicant nor any members of the public had any comment. Doug Cahill, Chas Bernhardt, and George Lamb had no further comment, John Schofield mentioned that it would be interesting to know how the building was originally constructed in the setback (in the 1970's). Motion: Chas Bernhardt Second: George Lamb Vate: 4-0-0 APPROVED WITH ©NE CONDITION: Condition: 1. That the applicant is not permitted to perform an interior conversion of this space at a later date as the dormer additions would not have been constructed prior to August 5, 1997, as required by Section 12-15-4, Interior Conversion, 1/ail Town Code. 6. A request for a recommendation to the Vail Town Council for an amendment to the Town of Vail Streetscape Master Plan, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Greg Hall Planner: Warren Campbell Warren Campbell introduced the project according to the memorandum, No public input was given. Chas Bernhardt commented that the fee schedule did not seem fair to the homeowners that would be affected. Greg Hall replied that a formula could be reached that would differentiate between commercial and residential fee structures. • • • John Schofield commented that constructing a project once, instead of twice, was always preferable (i.e. referring to the storm water sewer upgrade included with the bridge abutment replacement}. Motion: Chas Bernhardt Second: George Lamb Vote: 4-0-0 John Schofield asked Greg Barrie, Public Works Department, when construction would begin, and Mr_ Barrie replied that the planned start date is in October. 4. A request for a major subdivision pursuant to Chapter 'l ~-3, Major Subdivision, Vail Town Code, to allow for the platting of four Pots at the Lionshead tennis court site and a rezoning pursuant to Section 12-3-7, Administration, Vail Town Code, from Agriculture and Open Space zone district, Vail Town Code, to PrimarylSecondary Two-Family Residential zone district, Vail Town Code, to allow for the construction of single-family homes on the four proposed lots, located at 61 ~ West Forest Road/l7nplatted (Amore complete metes and bounds 6egal description is available at the Town of Vail Community Development Department) Applicant: Vail Resorts, represented by Braun Associates, Inc.. Planner: Warren Campbell Warren Campbell introduced the project according to the memorandum, Jay Peterson, the applicant's representative, mentioned that this session was slated for preliminary review and initial introduction to the entire Lionshead redevelopment proposal He added that snowcat access was also a part of this proposal, as was a new skier bridge, the hotel component of the west day lot, the north day lot (with employee housing and VR offices), and the course site. Dominic Mauriella, the applicant's representative, presented a PowerPoint presentation which gave an overview of the project, which involved five separate areas: Lionshead tennis court redevelopment, west day lot -- residences redevelopment, care site redevelopment, north day Cot redevelopment, and west day lot -hotel redevelopment, each project which would be approximately two years in length. He then displayed several boards which represented the project and detailed such specifics as grading and access. He finished by saying that the snowcat access would be submitted in October and that a vote on the tennis court site would be welcome as soon as possible. John Schofield asked that the Staff give a review of the Lionshead Redevelopment Master Plan at the next meeting. He continued by saying that the approval timeline seemed sensible, Art Abplanalp, representing several adjacent property owners, began by saying that Vail Resorts had been listening to the concerns of neighboring property owners: firstly, that the redevelopment be appropriate, and' secondly, that the snowcats be placed elsewhere, He expressed some confusion about the zoning of the ski way, Dominic Mauriello assured him that that zoning would not change. Regarding chronology, Mr. Abplanalp commented that the relocation of the staging would have to be a prerequisite to any other wank on the site; otherwise, congestion would occur. He also wanted to verify that single-family residential and not two-family zoning would result at that site. Fred Rumford, a homeowner near the site, wondered what would happen to the existing bike path that led to the ski bridge and then to Lionshead.. Jim Lamont, Vail Village Homeowner's Association, asked for clarification about the zoning that would be affected as a result of the redevelopment_ He expressed concern about the use of the site as stated in the Lionshead Redevelopment Master Plan. John Schofield answered that at the time the master plan was completed, the owners on Forest Road requested that the tennis court. site not be included in the plan, which it was not. Jim Lamont continued by stating that concern remained about the parcel to the east of the tennis courts site (stream tract}, which had transitioned from Vail Associates ownership to TOV ownership. He asked that, for any change of uses on the site under question (unlike that aforementioned site}, proper public notice be given, etc. John Schofield asked if Mr. Lamont's group would oppose the proposed paths, etc. in the Town's stream tract. Mr. Lamont said that fisherman's paths and similar walkways would be more than appropriate, due to the wildlife that exists in the area. This area was an opportunity to care about the environment, he said. Jeff Wright, an behalf of the Landmark, stated tha# he considered this to be the first step in the redevelopment of Lionshead. Regarding the process, he mentioned that the Landmark had several concerns regarding height, the north day lot and proposed transit center, the employee housing on the north day lot, and other similar issues that would affect him. He looked forward to the process, however. Bob Lazier, a property owner in the Lionshead area, mentioned his support of the direction of the project. He thought that the idea to divide the project into varied parts was effective and efficient, allowing the "community to start blooming. Many of the buildings in the area were prepared to do necessary renovations once the new projects were begun in the surrounding area. He expressed his support again, stating that he was looking forward to final results. Dominic Maurieilo stated that the location of the bike path had been studied. In the winter, the path was not used much, and in the summer, alternative pathways existed already, He added that the path was presently very steep and likely did not meet pathway standards currently; therefore, the proposal did not include the path. Fred Rumford expressed further concern about the path's existence, on behalf of Forest Road homeowners. He was also concerned about the boundary Line from the creek as it exists and as it is proposed. Jim Lamont mentioned that people on Forest Road would need access to Lionshead through the bridge. Would the bridge have ski and pedestrian access? John Schofield stated that there would be no change to the bike pafh on the North side of the creek. Dominic Maurieilo stated that at a later date a proposal for the ski bridge would be submitted and that it would include a pedestrian portion. Jim Lament then asked about the subdivision process. Doug Cahill asked how the fees would apply. Greg Hall answered that, unless a major exterior alteration and/or an increase in square footage occurred, the fees would not be a concern. Russ Forrest commented that an impact fee needed to be based on the impact that was generated. Doug Cahill commented on the length of the impact. Would there be a sunset provision for when new development would not be assessed any fees as the development was complete. George Lamb added that the impact was his primary concern as well. He continued by saying that Design Review Board and Town of Vail issues were the only ones that seemed to remain. John Schofield said that the plan seemed great, except that ongoing maintenance was not addressed as thoroughly as he had hoped. He would recommend to Council that #hat information was obtained and clarified. The idea of residential assessment also struck him as being unfair. He thought that tax increment financing seemed a better way to do things and stressed that the Council needed to be expedient in making decisions) Furthermore, there would never be enough tax increments to do all projects. The Council should allocate a portion of tax increment funding to the streetscape ,plan, he recommended. The balance not covered by the developers could be covered in that way. Russ Forrest added that Staff looked hard at tax increment financing: however, private developers would move forward with their projects without the public deweloprnents being proposed. The question was how far the attorneys would go in letting the Town set up a tax incrernenf district.. John Schofield encouraged Staff to "screw the attorneys" and requested that he be quoted accordingly. Motion: John Schofield Second: Doug Cahill Vote: 4-0 REC~MMENDA71~7N C)F APPROVED TO CtJUNCIL V111TH CONDITIONS Recommendations: 1. That the applicant should verify that a!I materials proposed far use in the streetscape are low maintenance, have a long lifespan, and are durable so as to avoid costly maintenance and upkeep. 2. That the applicant should explore funding options other than an impact fee such as the use of Tax Increment Financing. In addition, funding models should be explored which iimpact residerstial properties to a lesser extent than commercial properties and include a time frame for which the fee will lie collected, such as a sunset ;provision. 7. A request for major exterior alteration pursuant to Section 12-7H-7, Vaii Town Code, to allow for the construction of new dwelling units and accommodation units at Vail Marriott Mountain Resort, located at 715 West Lionshead Circle ! Lots C and D, Morcus Subdivision, and Lot 7n Marriott Subdivision Applicant: Mountain Marriott Vail Resort, represented by Gwathmey, Pratt, Schultz Architects Planner: George Ruther 8. 9 Motion: George Lamb Second: Doug Gahill TABLED TO OCTOBER 13, ?003 v©te; 4-0-0 Approval of September 8'h meeting minutes Motion:: George Lamb abstained) Second: Doug Cahill Vote: 3-0-1 (CB Approved Jahn Schofield asked if GRFA information was going to Council, and if so, when. Russ Forrest said #hat the PEC recarnmendatian was being forwarded to Council on October 7, 20D3. At the following Council meeting, those persons instrumental in the GRFA discussions from the beginning would be invited to share comments, etc, He added that PEC participation would be helpful at that time. Information Update: • GRFA -see above comments by Russ Forrest • Four Seasons Russ Forrest commented that parking issues still presided aver the project, though the developer was ready and wanting to get on with the project. Four spaces (headed to DRB for review) and then six additional spaces remained the issue between the applicant and the property owners of Nine Vail Road. Jahn Schofield asked about the presentation to the new council of the plans and schedule for Four Seasons, Russ Forrest commented that Mr. Schofield's idea was a good idea. Motion: George Lamb Second: Doug Gahill Vote: 4-0-0 Meeting adjourned at 6:17 p.m. 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 Published September 19, 20(13, in the Vail Daily. MEMORANDUM Tb: Planning and Environmental Commission FROM: Community Development Department DATE: October 27, 2003 SUBJECT: A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses, Vail Town Cade, to allow far a public utility and public services use, located at 501 North Frontage Road (Solar Vail Condominiums}I Lot 8, Block 2, Vail Potato Patch 1 ~' Filing. Applicant: Nextel, represented by Glen Klocke Planner: Warren Campbell I. SUMMARY The applicant, Nextel, represented by Glen Klocke, is requesting a conditional use permit as outlined in Section 12-16-2, Conditional Use Permit. Vail Town Code, located at 501 North Frontage Road/Lot 8, Block 2, Vail Potato Patch. The conditional use is requested to allow the applicant to replace and upgrade existing cellular equipment located on the roof of the Solar Vail building {Attachment A}, Based upon Staff's review of the criteria in Section Vlll of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval of this request subject to the findings and conditions noted in Section 1X of this memorandum. II. DESCRIPTI©N OF REQUEST The subject property is zoned High 1]ensity Multiple-Family district which lists public utilities and public services as a conditional use under Section 12-EH-3, Conditional Uses, Vail Town Code. The applicant currently has an approved conditional use permit which was granted on August 28, 1995, for the C7neComm Corporation which has since been 'bought by Nextel. The applicant is proposing to remove all the existing equipment including the utility cabinet which is designed to resemble a chimney and the three whip antennas. In its place the applicant is proposing to install a 6-foot by 10-foot utility cabinet on the roof with six new directional antennas which wii! reduce the number of "dropped calls" within Vail on the Nextel system. In addition, a screen wall is proposed to hide the proposed cabinet from direct view in order to mitigate the visual impacts. In order to access the proposed new equipment the applicant is proposing to construct a ladder and encbsure on the rear of the building which would be accessed from the third floar walkway. A copy of the proposed plans for the replacement equipment and screen wall are attached for reference as well as photographic simulations of the proposed changes (Attachments B and C). On October 1. 2003, the applicant went before the Design Review Board for a conceptual review and which time the Board did not express any opposition to the proposal other than suggesting some changes to the ladder enclosure. Due to the proposed extent of the equipment replacement and upgrade it was determined that the existing conditional use permit would not apply to the changes and therefore a new application was required to be submitted. III. BACKGROUND • This property is zoned High Density Multiple-Family district and was annexed into the Town by Ordinance 8 of 1969 which became effective an August 23, 1969. • On October 8, 1990„ the Planning and Environmental Commission approved a conditional use permit for U.S. West to install satellite dishes on the east and west sides of the building which were hidden behind false chimneys on both sides running the height of the building and the construction of a mechanical building on the east side of the building. This approval allowed for the installation of the first cellular facility on the building. • On May 11, 1992, the Planning and environmental Commission approved a conditional use permit and variances far U.S. West to expand its previously approved facility. The variances were granted to allow additional satellite dishes an the site and to allow for them to exceed the maximum height for mounting satellite dishes. • On August 28, 1995, the Planning and Environmental Commission approved a conditional use permit to allow far a second cellular phone facility to be located on the Solar Vail building r©of which was operated by OneComm Corporation. OneComrn's equipment is located on the western end of the building and is naw owned by Nextel. It is this equipment Nextel is proposing to replace and upgrade. • On August 25, 1997, the Planning and Environmental Camm~ission approved a conditional use permit to allow for the installation of a third cellular facility on the Solar Vail site to Western Wireless PCS. • On October 1, 2003, the applicant, Nextel, represented by Glen Klocke, went before the Design Review Board for conceptual review of the proposal to replace and upgrade the cellular equipment on the roof of Solar Vail. The Design Review Board was generally in support of the proposal and offered several comments regarding the rear ladder access to the equipment on the roof. N. R©I_ES 01= REVIEWING BOQIES Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for acceptabilr`ty of use and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environments! Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial/approval with conditions Qf Conditional Use Permits. The Planning and Environmental Commission is responsible far evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2 Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic„ with particular reference to 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. Conformance with development standards of the zone district Lot area Setbacks Building Height Density GRFA Site coverage Landscape area Parking and loading Mitigation of development impacts Design Review Board: Action: The Design Review Board has NO review authorlt~r on a Conditional Use Perrraif, buffs rnusf 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 Removal/Preservation of frees 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 • Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Counci{. 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 far 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 staffi memo caniaining background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS TOWN OF VAIL ZONING REGULATIONS 12-6H: High Density Muitiiple-Family Zane District 72-6N-7: Purpose: The high density multiple-family district is intended to provide sites for multiple-family dwellings of densities to a maximum of twenty five {25) dwelling units per acre, together with such pubfic and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same district.. The high density multiple-family district is intended to ensure adequate light, air, open space, a and other amenities commensurate with hr'gh densr'fy apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the district by establishing appropriate site development standards. Certain nonresidential uses are ~ permitted as conditional uses, which relate to the nature of Vail as a winter and summer ~ recreation and vacation community and, where permitted, are intended fo blend harmoniously with the residential character of the district. 12-5H-3: Conditional Uses: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 76 of this title: Bed and breakfast as further regulated by section 12-f4-18 of this title. Churches. Dog kennel. Nome child daycare facility as further regulated by section i2-14-12 of this tr`tle. ' Private clubs and civic, cultural and fraternal organizations. Public buildings, grounds and facilities. Public or commercial parking facilities or structures. Public or private schools. Public park and recreation facilities. Public transportation terminals. Public utility and public service uses. Ski lifts and taws. 4 Time share estate units, fractional fee units and time share Ncense units. Type 11l employee housing units (~f-i'U) as provided in chapter 13 of this title. 12-6H-T: Height: For a flat roof or mansard roof, the height of buildings steal! not exceed forty five feet (45). For a sloping roof, the height of buildings shelf not exceed forty eight feet (48). 12-16: CQnditionai Use Permits 12-f6-7: f'urpc~se; Llmitatrvns: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject fo fhe granting of a conditional use permit. Because of their unusual ar special characteristics, conditional uses require review so thaf they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. 1Jses listed as conditional uses in the various districts maybe permitted subject to such conditions and limitations as the Town may prescribe to insure that the locafion and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shat! be denied. 12-1 &-5: Planning and Environmental Commission Action: A. Possible Range ©f Action: Within thirty (3D) days of the application for a public hearing on a conditional use permit, the planning and environmental commission shall act on the application. The commission may approve the application as submitted or may approve the application subject fo such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the, commission may deny the application. A conditions! use permit may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as fhe commission may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, and street dedication and improvement; regulation of vehicular access and parking, signs, illumination, and hours and methods of operation; control of potential nuisances; prescription of standards far maintenance of buildings and grounds; and prescription of development schedules. B. Variances: A conditional use permit shall not grant variances, but action on a variance may be considered concurrently with a conditional use permit application an the same site. Variances shall be granted in accordance with the procedure prescribed in chapter 17 of this title, 72-f6-8: Permit Approval and Effecf: Approval of a conditional use permit shall lapse and become void if a buifding permit is not obtained and construction not commenced and diligently pursued toward completion or fhe use far which the approval has been granted has not commenced within two (2) years from when the approval becomes final. VI, SITE ANALYSIS Zoning; High Density Multiple-Family district Land Use Plan Designation: Medium Density Residential Current Land Use: Residential rental units Development Standard Allowed Existing Proposed Lot Area: 10,0{}Q sq. ft. 43,559 sq. ft. Na Change Setbacks: Front: 20' S3' No Change Sides: 20" 29'141' No Change Rear: 20' 120' No Change Building Height: 45' 38' 45' Density: 25 unitslacre 24 units/acre No Change Site Coverage; 23,957 sq.feet (55%} 5,390 sq.feet ( 12.4°!°} No Change p VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North; Open space Natural Area Preservation District South: Interstate 70 CDOT Right-of-way East: Open space Natural Area Preservation District West: Public school General Use District VIII. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by the Town Code. The proposed use is located within the High Density Multiple-Family zone district, Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12-16, Vail Town Code. A. Consideration of Factors Fieaardino Conditional Use Permits; 1. Relationship and impact of the use on the development objectives of the Town. Staff believes that the proposed use is compatible with the existing condominium use, and is generally consistent with the purpose of this zone district as Fong as the cellular transmitting and receiving equipment is camouflaged. Staff feels that the screen wall should be painted to match the existing colors of the building as proposed. This should lessen the visual impacts of these relatively tali features. 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. s G Staff believes there will be no impact an the above-referenced issues. ~. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes there will be little to no impact on the criteria listed above based an the applicant's representation regarding maintenance requirements. 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 screening wall, which will enclose the receiving and transmitting equipment, has been designed in a way to compliment the existing Solar Vail building. The proposed screen wall and equipment should have little or no effect on surrounding properties and uses. The Planning and Environmental Commission has required significant upgrades to the Solar Vail property with each previous conditional use permit request. Staff feels that this is appropriate. 'Staff feels that the applicant should replace all existing non-conforming light fixtures with a fixture which meet the lighting standards. B. The Planning and Environmental Commission shall make the fallowing findings before granting a conditional use oermit. 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 High Density Multiple-Family zone district. 2. That the proposed location of the use and the conditions under which it will be operated ar 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 RECQMMENDATION The Community Development Qepartment recommends approval of a conditional use permit, to allow for a the replacement and upgrade of cellular equipment, located at the 501 North Frontage Road (Solar Vail Condominiums)/ Lot 8, Block i 2, Vail Potato Patch 15` Filing. Staff's recommendation is based upon the review ! of the criteria in Section VIII of this memorandum and the evidence anti testimony presented, subject to the following findings: 7 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 High Density Multiple-Family zone district. 2. That the proposed location afi 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 ofi 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 rectuest, the Community Development Department recommends the fallowing conditions: 1. The applicant. shall removal all non-conforming light fixtures and submit cut-sheets for fixtures which meet the lighting standards which will be reviewed in conjunction with the applicant's Design Review Board application for the proposal.. 2. The applicant shall use only non-combustible materials in the construction of the screen wall and ladder enclosure. Revised plans far review by the Design Review Board shall be submitted na later than November 3, 2003. X, ATTACHMENTS A. Vicinity Map B. Reduced copies of the elevation dated September 26, 2003 C. Photo simulations of the proposal D. Publication Notice - --- ~ -- mis 139..- ~ ~ 1p1 u 1~~~~1 ~ J ~ ~ G C ~ n Ir~.~-_6 ~~_ _ N_ ~ C Si: ~ C 117 Z ~~ ~, 'z- _ -- ~ Y ~4~ G Q 'S' ~ j` - ~ ~ ~ &nt - ~ 2 iJ W g w I f ~ ~~7?~'"~ o T ~, a ~ ~ e e III; s €- ~z ~ ., o a ~ o ~ ~ ~ I V r~.,r,/ z ~}.. 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THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a p~,+blic hearing in accordance with Section 12-3-6 of the Vail Town Code on, October 27, 2003, at 2:00 P,M. in the Town of Vail Municipal Building, In consideration of: A request for a setback variance pursuant to Section 12-6D-6 Setbacks, Vai] Tawn Cade, to allow for a garage addition, located at 1956 West Gore Creek DrivelLot 45, Vail Village West 2nd Filing. Applicant: David lrwin Planner; Matt Gennett A request for a sign variance pursuant to Section 11-48-20, Window Signs, and Section 11-4A- 1, Signs Permitted in Zone District, Vail Tawn Cade, to allow far additional signage for Bogart's Bar and Bistro, located at 143 East Meadow Drive, Unit 165 (Crossroads)lLat P, Block 5D, Vail Village 1St Filing. Applicant: A. Luc Pois Planner; Matt Gennett A request for a conditional use permit, pursuant to Section 12-6H-3, Canditianal Uses, Vail Tawn Code, to allow for a public utility and public services use, located at 501 North Frontage Road - ~ {Solar Vail Condominiums)/ Lat 8, Slook2, Vail Potato Patch 1s4 Filing. K Applicant: Nextel, represented by Glen Klocke Planner: Warren Campbell A request for a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow far a public utilities installation, located at 545 North Frontage Rcad (Red Sandstone Elementary Schaal)/Part of Lot 8, Block 2, Vail Potato Patch 15 Filing_ Applicant: AT&T Wireless Services, Inc. Planner: Warren Campbell A request far a minor subdivision pursuant to Chapter 13,4, Minor Subdivision, Vail Town Code, to allow for the replotting of property boundary amendment, located at 2965 & 2975 Manns Ranch Road, Lots 5 & 6, Black 1, Vail Village 13t" Filing. App}icant; Clinton J. Kendrick, represented by Segerberg, Mayhew, and Associates Planner: Bill Gibson A request for conditional use permit, pursuant to Section 12-71-5, Vail Town Code, and a variance from Title 14, Chapter 5; t'arkins Lot and Parkins Structure Design Standards for All Uses, Vail Town Cade, to allow for the construction of an unpaved private parking lot, located at 862 South Frontage Road WestlUnplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts Planner. Elisabeth Ecke! Attachment: D 1 MEMC,~R,4FJDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 27, 2003 SUBJECT: A request for a conditional use permit, pursuant to Section 12-9G-3, Conditional Uses, Vail Town Code, to allow fora public utilities installation, located at 548 North Frontage Road (Red Sandstone Elementary Schaol~/Part of Lot 8, Block 2, Vail Potato Patch is` Filing. Applicant: Planner: SUMM,4RY AT&T Wireless Cunningham Warren Campbell Services, Inc., represented by Susan The applicant, AT&T Wireless Services, Inc., represented by Susan Cunningham, is requesting a conditiona9 use permit as outlined in Section 12-16-2, Conditional Use Permit, Vail Town Code, located at 545 North Frontage Road (Red Sandstone Elementary School)IPart of Lot 8, Block 2, Vail Potato Patch 15` Filing. The conditional use is requested to allow the applicant to replace and upgrade existing cellular equipment located on the roof of the Red Sandstone Elementary School building {attachment A}. Based upon Staff's review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Camrnunity Development Department recommends appr©val of this request subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF RE.QUEST The subject property is zoned General Use distric# which lists public utility installations as a conditional use under Section 12-9C-3, Conditional Uses, Vail Tawn Code. The applicant currently has an approved conditional use permit which was granted on October 14, 1991, for the Walter Group which has since been bought by AT&T Wireless Services, Inc. The applicant is proposing to upgrade the existing equipment by adding three "AOA" antennas which wi11 serve to increase the reliability of emergency 911 cellular calls and the addition of three 850 Mhz which will serve to the function of providing more seamless calling with fewer "dropped calls". The existing facility is currently screen by a wall which hides all antennas and utility cabinets an the roof. The proposed "AOA" have a larger profile and in order to screen them the existing wall is proposed to be increased in height by two feet. A copy of the proposed plans far the replacement equipment and screen wall are attached for reference as well as photographic simulations of the proposed changes (attachments B and C). Due to the proposed extent of the equipment replacement and upgrade it was determined that the existing conditional use permit would not apply to the changes and therefore a new application was required to be submitted. Attached is a fetter from the applicant explaining the request in greater detail (Attachment D). III. BACKGROUND This property is zoned General Use district and was annexed into the Town by Ordinance $ of 1969 which became effective an August 23, 1969. On September 16, 1975, the Town of Vail, land owner, entered into a lease with the Eagle County School District RE 50.1, building owner, for a period of 30 years which expires on September 15, 2005. On October 14, 1991, the Planning and Environmental Commission approved a conditional use permit request for a cellular site on the roof of the Red Sandstone Elementary School. It is this site which AT&T Wireless Services, Inc. wishes to upgrade. N. ROLES OF REVIEWING BODIES Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for acceptability of use and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approve!/denial/apprc~val with cvndi#ians 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 #acilities 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. Conformance with development standards of zone district Lot area Setbacks 2 i Building Height Density GRFA Site coverage Landscape area Parking and loading Mitigation of development impacts Design Review Board: ,fiction: The Design Review Board has NO review autharity an a Conditianal 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 [andscape Configuration of building and grading of a site which respects the topography RemovallPreservation 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 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 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. • ~i V, APPLICAI3LE PLANNING DOCUIUIENTS TOWN OF VAIL ZONING REGULATIONS 12-9C: General Use District (in part 72-9C-1: Purpose. The general use district is intended to provide sites for public and quasi-public uses which, because of their specie! 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 genera! use district is intended to ensure that public buildings and grounds and certain types ofquasi-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 Iight, air, open spaces, and other amenities appropriate to the permitted types of uses. 12-9C-3: Conditional Uses: A, Generally. The following conditional uses shall be permitted in the Gd1 district, subject to issuance of a conditional use permit in accordance wifh the provisions of chapter 16 of this fide: Child daycare center. Churches. Equestrian trails. Goff courses. Nelipad for emergency and/or community use. Hospitals, medical and dental facilities, clinics, rehabilitation centers, clinical pharmacies, and ambulance facilities. Major arcade. Plana and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced ar made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools and educational institutions. Public and quasi-public indoor community facility. Public buildings and grounds. Public parking facilities and structures. Public theaters, meeting rooms and convention facilities. Public tourisUguest service related facilities. Public transportation terminals. Public utilities installations including transmission lines and appurtenant equipment. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Type 111 employee housing units (EHU) as provided in chapter 13 of this title. Water and sewage treatment planfs. i2-9C-5: Development Standards: 4 A. Prescribed by Planning and Environmental Commission: !n the general use district, development standards in each of the following categories shall be as prescribed by the planning and environmental commission: 7. Lot area and site dimensions. 2. Setbacks. 3. Building height. ~. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. B. Reviewed By Planning And .Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall Then be determined by the planning and environmental commission during the review of the conditional use request in accordance with the provisions of chapter i6 of this title. 12-16: Conditiorfal Use Permits (in part) ?2-16-1: Purpose; limitations. In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted r'n certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall 6e denr'ed. 12-16-5: Planning and Environmental Commission Aaron: A. Possible Range C1f Action: Within thirty (30) days of the application for a public hearing on a conditional use permit, the planning and environmental commission shall act on the application. The commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A conditional use permit may be revocable, may be granted for a limited time period,. or may be granted subject to such other conditions as the commission may prescribe. Conditions may include, but shall not be limited to, requiring special setbacks, open spaces, fences or walls, landscaping or screening, and street dedication and improvement; regulation of vehicular access and parking, signs, illumination, and hours and methods of operation, control of potential nuisances; prescription of sfandards for maintenance of buildings and grounds, and prescription of development schedules. 5 8. Variances: A conditional use permif shall not grant variances, but action on a variance may be considered concurrently with a conditional use permit application on the same site. Variances shall be granted in accordance with the procedure prescribed in chapter I7 of this title, f2-76-8: Permit Approval and Effect: Approval of a conditional use permit shall lapse and became void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. 111. SITE ANALYSIS Zoning: General Use district Land Use Plan Designation: Public/Semi-public Current Land Use; Public education facility The General Use District does not list specific standards for lot area, setbacks, height, density, site coverage, landscaping, and parking. These items are determined by the Planning and Environmental Commission through the development review process. 1111. SURRC)UNDING LAND USES AND ZONING Land Use Zoning North: C3pen space Natural Area Preservation District South: Interstate 70 GDQT Right-of-way East: Residential High Density Multiple-Family Dis#rict West: Public Park ©utdoor Recreation District VII[. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by the Town Cade. The proposed use is located within the General Use zone district. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12-16, Vail Town Code. A. Consideration of Factors Reaardina Conditional Use Permits: '1. Relationship and impact of the use on the development objectives of the Tvwn. Staff believes that the proposed cellular site upgrade is compatible with the existing public school as it is a "quasi-public" use which is described in the General Use zone district purpose statement which is found in Section V. 6n addition to the fact that that this use is listed as a conditional use for this zone district, staff believes that upgrading the existing cellular facility in this zone district is consistent with the development objectives described in the General Use zone district purpose statement. C 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes there will be no impact on the above-referenced issues. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flaw and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes there will be little to no impact on the criteria listed above based on the applicant's representation regarding maintenance requirements of a visit approximately twice a month. 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 screening wall, which will enclose the receiving and transmitting equipment, has been designed in a way to compliment the existing ~{ed Sandstone Elementary School building. The proposed screen wall and equipment should have little or no effect on surrounding properties and uses. The Planning and Environmental Gammission has required significant upgrades to the Solar Vail property with each previous conditional use permit request. Staff feels that this is appropriate. Staff was unable to identity any items which needed to be addressed by the applicant, however, the Planning and Environmental Commission may find it necessary if they decide to approve this application to place conditions of approval an this application requiring upgrades or maintenance of the site. B. The Plannina and Environmental Commission shall make the followinq findings before arantina a conditional use permit: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the High Density Multiple-Family zone district. 2. That the proposed location of the use and the conditions under which it will be operated ar maintained will not be detrimental to the public health, safety, or welfare ar 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. 7 IX. STAFF RECQMMENI3ATI©N The Community Development Department recommends approval of a conditional use permit, to allow for a the replacement and upgrade of cellular equipment, located at 545 North Frontage Road (Pied Sandstone Elementary School)IPart of Lot 8, Block 2, Vail Potato Patch j s` Filling. Staff's recommendation is based upon the review of the c~'iteria in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the High Density Multiple-Family zone distric#. 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 ofi the zoning code. X. ATTACHMENTS A. Vicinity Map B. Reduced copies of the elevation dated July 1, 2x03 C. Photo simulations of the proposal D. Letter from applicant Iw. 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Z I b ~~ , ~ ~ yL ~k~ ~~~.1~y~( ~r~~c ~~, 5_S~ w~ ~ ~~~ ~ ur EU0~1 - - ~$~ d~~Fy' tJ~ W ~~I.~F ~~~o~ KK~R~~ ~L]F` !" ~a 6u F P W $ ~~ ~~ ~~~~~ ~~~~~ ~~x~r e~~4~~~ C_ ~ L:• LL I < ~ ~ ~ 7~ y --, ~ _ ~~ 1 ~ gyp` '1 4 Z 44 ~ ~1/ III ~ ~ Y"• ~~~ ~~ ~ ~ ~ D j Ni Y~ I~ C~ v7= ~M~ ~. ~ {Y~a{~e,~xC ~d w t2 ~~ `~ c'i r C ~ 2's~FlaS: 4 I 5~ ~ ~ ~ ax J~j ", __ ~. ~~ ICI x "~ II~~^ I E ~~' • • Attachrr~ent: G • I i is ~I zr ! ,~ VIII Wingspan Acquisi~io-ns, Inc. ~ r Susan M. Gunningham - jl ~~ 789 Clarkson Street, #705 303 912-8424 WK Denver, CO 80218 #720 294-1423 FAK Thy Protect Background Applicant: AT&T Wireless Services, LLC 1061 15'h 5tree# Suite C-1 Denver, CQ 80265 (303) 573-3215 Contact: Rick Sullivan Co-Applicant: Bechtel Telecommunications Co-Applicant: General Dynamics 12131 113t~' Avenue N.E. 1450 Academy Park Loop Suite 101 Colorado Springs, CO 80910 Kirkland, WA 98034 (719} 785-8753 (425} 814-8691 Contact: John Cooper Contact: Trivia Davis Agent: SBA Network Services, Inc. by and thraugh - Wingspan Acquisitions, Inc. 789 Clarkson Street Suite #705 Denver, CO 80218 (303) 912-8424 Contact: Susan Cunningham, Wingspan Acquisitions, Ine. Go-Agent: Colleen Cousino, Cousino and Associates Please Note: Susan Gunningham shall be the point of contact far this application Property Owner: Eagle County School District RE-50J Town of Vail 757 E. 3~d Street A Colorado Municipal Gorp. Eagle, CO 81631 75 South Frontage Road Contact: Lynda Ruggeberg Vail, CO 81657 Facility Address: Red Sandstone Elementary School 545 N. Frontage Road Vail, CC} 81657 Please Note; This is facility is also known as 645 N. Frontage Road, Vail, GQ 81657 in the Eagle County Tax Assessor's records. Current Property Zoning District: PublicfSchool Current Property Use: Public School Wireless Telecommunications Facility • AT&T Wireless Services, lnc. Canditianal Use Permit Application []EN2085 -Red Sandstone September 23, 2003 Attachrtient: Q Page 1 of 3 The Prapect Statement of Intent Pror~osed Use: AT&T Wireless currently operates wireless telecommunication services in the Vail and Eagle County communities. To better serve this community and its visitors, AT&T is proposing to upgrade the services provided by expanding the antennas at the Red Sandstone Elementary School facility. First, this upgrade shall enhance AT&T's 911 services to your community. In May 1999, the FCC adopted requirements to improve the ability of mobile phone users to complete 911 calls. The enhanced 911 (E911) service will improve the reliability of the 91 1 services for mobile phone users and will provide the emergency services operators with location information on the mobile phone user making the 911 call, allowing for faster and more accurate emergency services to the user in distress. These E911 upgrades are mandatory to all wireless telecommunications carriers holding certain types of FCC licenses, including AT~T, and AT&T is pleased io bring this service to your community Attached to this application is a FGC Wireless 911 Requirements Fact Sheet. Please note that these E911 antennas are identified as "AOA" antennas on the drawings provided with this application. The design upgrade shall add three AOA antennas to the existing facility, or«e antenna on each of the three existing site sectors. The specifications of the AOA antennas can be found on the finaC page of the attached drawings, Second, this application shall upgrade the AT&T services in the 850 Mhz spectrum. AT&T is mandated by the FCC under licensing guidelines to provide continuous and seamless coverage to the community and the clientele it serves. As a result of increasing market demand and caller traffic, AT&T is required to upgrade its facilities from time to time to maintain continuous and seamless coverage and to provide the best quality services possible. The design upgrade shall add three 850 Mhz antennas to the existing facility, one antenna on each of the three existing site sectors. The specifications of the 850 Mhz antennas can be found on the final page of the attached drawings. The existing AT&T facility located at Red Sandstone Elementary School is a screened facility: the antennas are shielded from view by a screen which allows the wireless signals to receive and transmit as necessary. AT&T has designed the facility upgrades to also be shielded from view by this existing screen. Because the AOA antennas have a larger profile than the existing 850 Mhz and 1900 Mhz antennas, the screen will have to be increased by two feet above the existing screen height to accommodate the new AOA antennas. However, this increase has a negligible visual impact to the overall aesthetics of the facility, as demonstrated in the photo simulations, specifically shown in the simulation taken from Interstate 25. Other than the minor height increase, all modifications to this facility shall match the existing facility in every respect in terms of color and aesthetic installation. Finally, the 850 Mhz antennas will require the addition of one cabinet of radios to the existing AT&T equipment room, inside the school building. The room is not visible to the public, and it is depicted in the facility site plans. Overall, this design is highly compatible with the originally approved design in your community. Impact on the Town of Vaii's development objectives: The upgrades proposed at the AT&T Red Sandstone facility keep with the spirit and tradition of the Town's objectives to provide high quality telecommunication services to its community members, while preserving the visual and aesthetic integrity of the community. Effect on the Tawn of Vail's infrastructure and natural resources: Concealed telecommunications facilities, such as the facility proposed, do not place any adverse stresses an the infrastructure or na#ural resources of the communities they serve. The concealed facilities actually strengthen the available wireless telecommunication services in the community, yet they have a very law impact and burden to the surrounding neighbors and natural features, A~BT wireless Services, Ine. Page 2 of Conditional Use Permit Application DEN2085 -Red Sandstone September 23, 2403 Effect on traffic in the Town of Vail: This is an unmanned telecommunications facility. There will be no increase to the Town's traffic flow, since the facility, once constructed, shall only need to be serviced on a monthly basis by AT&T's technicians, on average. Effect on the character of the area s~arrounriina the gronosed use: The Red Sandstone Elementary has nv immediate neighbors that will be adversely impacted. The two- foot height increase to the overall facility height has a very small impact, even when viewed immediately adjacent to the actual installation, as seen in the provided photo simulations. There are np neighbors that have such a view of the sight, since the school itself 'rs located against a steep hillside. Conclusion: AT&T Wireless respectfully requests that the Planning and Environmental Gornmission approve this conditional use permit for the proposed telecommunications facility upgrades. The proposed upgrades are mandated, and they are crucial to the high quality coverage AT&T now provides to the Vail and Eagle Gounty communities. AT&T takes pride in its long-term commitment to each community it serves, and AT&T is pleased to upgrade its system in the Town of Vail, offering the E931 services widely anticipated by the public, while continuing to construct and maintain a superior wireless telecommunication services system in the country. AT&T V~Jireless Services, Ine. Page 3 of 3 Conditional Else Permit Application pEN2085 -Red Sandstone September 23, 2QE)3 4'~'TBIPolicy January 2U01 ~ FACT SHEET FCC 1'VIRELESS 911 REQUIREMENTS in a series of orders since 1996, the Federal Conununications Comzxtission (FCC) has taken action to improve the quality and reliability of 911 emergency services for wireless phone users, by adopting rules to govern the availability of basic 911 services and the implementation of enhanced 911 (E911) for wireless services. BACKGROUND ON 'WIRELESS 911 The FCC's urireless 911 rules seek to improve the reliability of wireless 911 services and to provide emergency services personnel with location information that will enable them to locate and provide assistance to wireless 911 callers much more quickly. To farther these goals, the agency has required wireless carriers to implement F911 sen-ice, subject to certain conditions and schedules. The wireless 911 rules apply to all cellular licensees, broadband Personal Cornjnunications Service (P+CS} licensees, and certain Specialised Mobile Radio (SMR) licensees. $ASIC `'~~IRELESS 911 SERVICES The basic 911 rules require wireless carriers to transmit all 911 calls to a Public Safety Answering Point (PSAP} without regard to validation procedures intended to identify and intercept calls from non-subscribers. Under the rules, therefore, both subscribers and non-subscribers can dial 911 and reach emergency assistance providers without having to prove their subscription status. Many u7ireless 911 calls are made by "Gaol Samaritans" reporting traffzc accidents, crimes, or other ernergencies_ Prompt delivery of these and other ~=ireless 911 calls to public safety organizations benefits the public at large by prazraoting safety of life and property. 911 CAL L PROCESSING PROCEDURES Ia.~ May 1999, the FCC adopted requirements to improve the ability of cellular phone users to complete wireless 911 calls. The 911 ca11 completion rules are intended to improve the security and safety of analog cellular users, especially in rural and suburban areas. Under the rules, all mobile phones manufactured for sale in the United States after Febzuary 1.3, '?000; that arc capable of operating 3n an analog mode, including dual-mode and multi-mode handsets, must include a special method for 17racessing 91 i calls. When '4'4'TS/Poiicv December 2000 a 911 call is made, the handset must override any programming that determines the handling of ordinary calls and must permit the ca1P to be handled by any available carrier, regardless of whether the carrier is the customer's preferred service provider. Handsets capable of operating in analog made must incorporate any one or more of the 911 call system selection processes endorsed or approved by the Commission. PHASE I E9I I REQiJIREMENTS As of April 1, ] 998, ar within six months of a request by floe designated Public Safety Answering Point (PSAP), whichever is later, covered carriers are required to provide to the PSAP the telephone number of the originator of a 911 call and the location of the cell site ar base station receiving a 911 call. This information assists in the provision of timely emergency responses both by providing some information about the general location from tivhich the call is being received and by permitting emergency call- takcrs to re-establish a ccpr;z~ec:tion 4vith the caller if the call is disconnected. PHASE II E91I REQUIRE117ENTS Wireless carriers are required to provide Automatic Location Identification (AI•_.Ij as part of Phase II E911 implementation begiruiing actaber 1, 2001, as detailed below. Qriginally, the FCC's rules envisioned that carriers would need to deploy network-based technologies to provide ALI. In the past several years, there have been significant advances in location technologies that employ new or upgraded handsets. In September 1999, the FCC revised its rules to better enable carriers to use handsel-based location technologies to meet the Phase II requirements. In particular, the FCC established separate accuracy requirements and deployment schedules for network-based and handset-based technologies. In August 2000, the FCC made minor adjustments to the deployment schedule for handset-based technologies. The E911 Phase II requirements are as follows: ^ Handset-Based ALT Technolaev: Wireless carriers who employ a Phase II location technology that requires new, modified or upgraded handsets (such as GPS-based technology) may phase-in deployment of Phase a subject to the following requirements: ~ Without respect to any PSAP request for Phase II deployment, the carrier shall: 1. Begin selling. and activating ALI-capable handsets no later than Cetober 1, 2001; ~ 2. Ensure that at least 25 percent of all new handsets activated are AI-,I-capable zoo later than December 3 ] , 2001; ~. Ensure that at least 50 percent of all new handsets activated are ALI-capable no later than June 30, 2002; and 4. Ensure that 100 percent of all neul digital handset activated are ALI-capable no later than December 31, 2002 and thereafter. \~'TBIPoiicv December 2000 5. By December 31, 2005, achieve 95 percent penetration ofALI-capable handsets among its subscribers. • Once a PSAP request is received, the earner shall, in the area served by the PSAP, within G months or by October 1, 2001, whichever is later: 1. Install any hardware andlor software in the CIvIRS netr~rork andlor other fixed infrastructure, as needed, to enable the provision of Phase II E911 service; and 2. Begin delivering Phase II E91 I service to the PSAP. Netrvorlc-Based ALI Technolo~v: As of October 3 , 2001, within 6 months of a PSAP request, carriers employing network-based location technologies must provide Phase II information for at least 50 percent of the PSAF's coverage area or population. Within 18 months of a PSAP request, canners must provide Phase II information for 100 percent of the PSAP's coverage area or population. ^ ALI Accuracv Standards: The FCC adopted the following revised standards for Phase II location accuracy and reliability: • For handset-based solutions: 50 meters for G7 percent. ofcalls, 150 meters for 95 percent of calls, • For network-based solutions: I00 meters for ~i7 percent ofcalls, 300 meters for 95 percent ofcalls. ALI Implementation Plan Renori: Tlae FCC required wireless carriers to report their plans for implementing E911 Phase II, including the technology they plan to use to provide caller location, by I"eovember 9, 2000. This report was aimed at providing information to permit planning for Phase II ianplementation by public safety organizations, equipment manufacturers, Iocal exchange carriers, and the FCC, in order to support Phase II deployment by October 1, 2001. C©1\TDITICII~S FQR ENHA.n'CED 9ll SER'~TICES The E911 Phase I requirements, as well as certain of t11e Phase II requirements, are applicable to wireless carriers only if the administrator ofthe designated PSAP has requested the sen~ice and is capable of receiving and utilizing information provided. In November 1999, the FCC revised its E91 l rules to remove the prerequisite that a cost recover}J mechanism for wireless carriers be in place laefore carriers are obligated to provide E911 sen~ice in response to a PSAP request. The PSAP musi have the means of covering its costs of receiving and utilizing tl7e E911 information, however, in order to make a valid request far E911 service. The FCC's rules do not mandate any specific state action nor specify any particular mechanism for funding the technology and service capabilities necessary to enable the PSAP to make a valid service request. V4'TB/Policy December 21100 • IMPLEMENTATIQN QF 911 ACT In August 2DDD, the FCC adopted an Order to implement the Wireless Communications and Public Safety Act of 1999 {911 Actj, enacted on October 26,1999. The purpose of the 911 Act is to enhance public safety by encouraging and facilitating the prompt deployment of a nationwide, seamless communications infrastructure for emergency services that includes wireless communications. The FCC initiated the implementation proceeding to address the provisions of the 911 Act and to fulfill the Congressional mandates set forth therein. Specifically, in the Order adopted in August 20DD, the FCC took the following initiatives: designated 91 l as the universal emergency telephone number within the United States for reporting an emergency to appropriate authorities and requesting assistance, effective upon August 29, 2DDD; sought comment on appropriate transition periods for areas in which 911 is not currently in use as an emergency number, as well as on service area- specihc circumstances and capabilities that must be addressed before carriers can deploy 911 as the tumifarn~ emergency number; and sought continent on how the FCC should facilitate states' efforts to deploy comprehensive emergency communications systems -for example, through guidelines, meetings, or other information-sharing measures - in a manner that does not impose obligations or costs on any person. The 911 Act also added provisions dealing specifically with wireless location infornmation to 47 U.S.C. § 222, the section of the Communications Aet that governs treatment of customer proprietary network information (CPI~~I) and subscriber list information (SLl). The Comm~misson expects to umitiate a proceeding to interpret and clarify these provisions in early 2DDi. • THIS 1TEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE 1S 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 an, October 27, 2fl~3, at 2:QO P.M. in the Town of Vail Municipal Building. In consideration of: A request far a setback variance pursuant to Section 12-6D-6 Setbacks, Vaif Town Code, to allow for a garage addition, located at 19561Nest Gore Creek ~?rivelLot 45, 'Vail Village West 2na Filing. Applicant:. David Ir,Nin Planner: Mat` Gennett A request for a sign variance pursuant to Section 11-~B-2D, Window Signs, and Section 1 ~-4A- 1,Signs Permitted in Zone Qistrict, Vail Town Code, to allow for additions( signage for Bogart's Bar and Bistro, located at 143 East Meadow Drive, Unit 165 (Crossroads)ILot P, Block SD, Vail Village 1s' Filing. Applicant: A. Luc Pols , . Planner: Matt Gennett A request for a conditional use perrr~it, pursuant to Section 12-6H-3, Conditions! Uses, Vail Town Code, to allow fior a public utility and public services use, located at 5D1 North Frontage Road (Solar Vail Condominiums)( Lot 8, Block2, Vail Potato Patch 15~ Filing. Applicant: NexteC, represented by Glen K!ocke Planner: Warren Campbell , A request for a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a public utilities installation, located at 545 North Frontage Road Red r¢;,;s Sandstone Elementary School)IPart of 'Lot 8, Block 2, Vail Potato Patch 15; Filing. Applicant: AT&T Wireless Services, [nc. Planner. Warren Campbell A request for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow far the replotting of property boundary amendments, located at 2965 & 2975 Manns Ranch Road, Lots 5 & 6; Black 1, Vail Village 13~' Filing. Applicant: Clinton J. Kendrick, represented by Segerberg, Mayhew, and Associates Planner: Bill Gibson A request for conditional use permit„ Pursuant to Section 12-71-5, Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for Af9 Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at 862 South Frontage Road West/Unplatted. (A complete metes and bounds legal description is available for review at the Town ofi Vail Community Development Department}. '~ Applicant: Vail Resorts Planner: Elisabeth Eckel Attachment: E ,` a on ~~`~ e ~~ ~' ~3 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 27, 2Q03 SUBJECT: A request for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replotting of property boundary amendments, located at 2965 & 2975 Manns Ranch Road, Lots 5 & 6, Block 1, Vail Village 13tH Filing. Applicant: Clin€on J. Kendrick, represented by Segerberg, Mayhew, & Assoc. Planner: Bill Gibson SUMMARY The applicant, Clinton J. Kendrick, represented by Segerberg, Mayhew, and Associates, is requesting approval of a minor subdivision, which resubdivides Lots 5 & 6, Block 1, Vail Village 13tH' Filing, located at 2965 and 2975 Manns Ranch Road. Staff is recornmending approval of this application based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented. II. DESCRIPTION OF REQUEST The applicant, Clinton J. Kendrick, represented by Segerberg, Mayhew, and Associates, is requesting approval of a minor subdivision, which resubdivides Lots 5 8~ 6, Block 1, Vail Village 13tH Filing, located at 2965 and 2975 Manns Ranch Raad. A vicinity map {see Attachment A) and copy of the proposed plat (see Attachment B) have been attached for reference. The purposes for this resubdivisian are to relocate the existing lot line separating Lots 5 6 to better respond to fhe topography of the site and to formally plat an access easement across Lat 5 for the existing Lot 6 driveway.. III. BACKGROUND These properties were originally platted as a part of the Vail Village 13tH Filing, on November 7, 1972. There is an existing single-family residence on Lot 6 and Lot 5 is currently undeveloped. IV. ROLES OF REVIEWING BOARDS Planning and Environmental Comrx~ission: Action: The Planning and Environmental Commission is responsible for final approval, approval with conditions, or denial of a minor subdivision. Specifically the the code states in Section 13-3-4, Commission Review of Application; Criteria: The burden of proof shall rest with the applicant fo 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 ?3-3-3C above. The Planning and Environments! 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 otherapplicable documents, effects an the aesthetics of the Town." Design Review Boarct: action: The Design Review [3oard has NO review authority on a minor subdivision, but must review any accornpanying. Design Review Board application. Town Council: The Town Council is the fnal decision making authority for a minor subdivision and adoption of easements between a private property owner and the Town. 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. 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 i'Indings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNCNG D©CUMENTS Town of Vail Zoning Code: Title '13: Subdivision Regulations (partial) ~ 3-2-2 Definitions Minor Subdivision: Any subdivision containing not mare than four (4) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parse! or adjoining property. 13-4 Minor Subdivisions 7~-4-1: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Minor subdivisions", as defined in Section 13-2-2 of this Tr'tle, shall be exempt from requirements related to preliminary plan procedures and submittals. Minor subdivisions may be required to submit an environmental impact report if required by Title 72, Chapter 92 of fhis Code. VI. SUROUNDING LAND USES AND ZONING Land Use North; White River National Forest East.: open Space West:. Open Space South: Residential VII. SITE ANALYSIS Zoninct Unzoned Natural Area Preservation (NAPD} Natural Area Preservation (NAPD) Two-I=amity Residential (R) This miner subdivision request does not alter the overall size of Lot 5 or 6, and therefore has no affect an the existing development potential of either lat. VIII. APPLICATION CRITERIA AND FINDINGS Minor Subdivision A basic premise of subdivision regulations is that the minimum standards for the creation of new lots must be met. This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Code. 1. The first set of criteria to be considered by the Planning and Environmental Commission for a Minor Subdivision application is: Lot Area: The minimum lot area for the Two-Family Residential District is 15,00© square feet of "buildable" lot area. Both the existing and proposed Lots 6 comply with this standard. The existing Lat 5 is legally non-conforming in regard to this standard. The proposed lot line reconfiguration will increase the amount of buildable lot area of Lot 5 by approximately 1,475 sq. ft. (without changing the overall lot size}, thus bringing Lot 5 more into conformance with the Two-Family Residential District lot area standards. Frantaae: There is na change proposed to the frontage for Lot 5 or 6 along Manes Ranch Road. Dimension. The Two-Family Residential District requires lots to be able to enclose a square with a minirnum dimension of 80 feet by 80 feet, and both Lots 5 & 6 will continue t4 meet this criteria. 2. The second set of review criteria to be considered with a minor subdivision request is outlined in the Subdivision Regulations, 18-3-4, and is as follows: "The burden of proof shat! rest with the applicant to show that the application is in compliance with the infant and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable....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." The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the subdivision is promoting the health, safety and welfare of the community. The subdivision purpose statements from 13-1-2 (C) are as follows: 1. 7o r`nform each subdivider of the standards and criteria by which development proposals will be evaluated and to provide information as to the type and extent of improvements required. Staff Response: The subdivider was made aware of the standards and criteria by which this proposal is to be evaluated. 2. 7o provide for the subdivision of property in the future without conflict with development an adJacent land. Staff Response: The proposed minor subdivision will have no significant negative affect on the criteria listed above. 3. 7o protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. Staff Response: The proposed minor subdivision will have no significant negative affect on the criteria listed above. 4. 7o ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among Land uses, consistent with Town development objectives. Staff Response: The proposed Lot 6 meets all of the above listed criteria and the proposed Lot 5 will be more in compliance with the above listed .criteria. than the existing legally non-conforming Lot 5. 5. 7o guide public and private policy and action in order fo provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally fo provide that public facilities will have sufficient capacity to serve the proposed subdivision.. Staff Response: The proposed minor subdivision will have no significant negative affect on the criteria listed above. S. 7o provide far accurate legs! descriptions of newly subdivided land and to establish reasonable and desirable canstructi©n d~:sign standards and procedures. Staff Response: The proposed minor subdivision plat will also record easement agreements between all the properties listed above. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilifies, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability, and beauty of the community and the value of fhe land. Staff Response: The proposed minor subdivision will have no significant negative affect on the criteria listed above. Findings: The following findings are used for a Minor Subdivision: 1. Tha# the application is in cornpfiance with the intent and purposes of the Minor Subdivision Chapter, the Zoning Qrdinance 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.. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves the final plat for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replatting of property boundary amendments, located at 2965 & 2975 Manns Ranch Road, Lots 5 & 6, Block 1, Vail Village 13'x' Filing. 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 application is in compliance with the intent and purposes of the Minor 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. CH~- cirir'~ MAP rapose ~P~~t public ~ Attac~iment: A ~~ t ~~ ~ s trey i # y~'! 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In consideration of: A request for a setback variance pursuant to Section 12-6D-6 Setbacks, Vaif Town Code, to allow for a garage addition, located at 1956 West Gore Creek DrivelLot 45, Vail Village West 2"~ Filing. Applicant: David Irwin Planner: Matt Gannett A request for a sign variance pursuant to Secfiion 11-4B-20, Window Signs, and Section 11-4A- 1, Signs Permitted in Zone District, Vail Tawn Code, to allow for additional signage far Bagark's Bar and Bistro, located at 143 East Meadow Drive, Unit 165 {Crossroads)ILat P, Black 5D, Vail Village 1St Filing. Applicant: A. Luc Pops Planner Matt Gannett A request far a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses, Vail Town Code, to allow for a public utility and public services use, located at 501 North Frontage Road (Solar Vail Condominiums)/ Lot 8, Black2, Vasl Potato Patch 1St Filing, Applicant: Nextel, represented by Glen Klocke Planner: Warren Campbell A request for a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow far a public utilities installation, located at 545 North Frontatge Road {Red Sandstone Elementary School)IPart of Lot 8, Block 2, Vail Potato Patch 15 Filing. Applicant: AT&T Wireless Services, Enc. Planner: Warren Campbell A request far a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replotting of property boundary amendments, located at 2965 & 2975 Manns Ranch Road,. Lots 5 & 6, Block 1, Vail Village 13t" Filing. Applicant: Clinton J. Kendrick, represented by Segerberg, Mayhew, and Associates Planner: Bill Gibson A request for conditional use permit, pursuant to Section 12-71-5, Vail Tawn Code, and a variance from Title 14, Chapter 5, Parking Lat and Parking Structure Design Standards for All Uses, Vail Tawn Code, to allow for the construction of an unpaved private parking lot, located at 862 South Frontage Road WestlUnplatted. {A complete metes and bounds legaE description is available for review at the Town of Vail Community Development Department). Applicant: Vail Resorts Planner: Elisabeth Eckel ~a~~~~ ~. ~~ ,~~,. ,. ,t October 6, 2003 List of adjacent property owners to: Kendrick Residence Vail Village 13th Filing,. Block 1, Lot 5 - 2065 Manns Ranch Road Vail Village 13th Filing, Black 1, Lot 6 - 2975 Manns Ranch Road Owners: Clinton & Mary Kendrick 465 Long Ridge Road Bedford, NY 10506 BLOCK 1, LOOT 4, UNIT A: Gail Molloy 1,22 East Meadow Driue Vail, CO $1657 BLOC I(1, LOT 4, UNIT B: Frank C. Manart 2945 Manns Ranch Road, Unit B Vail, CO 81657 BLOCK 2, LOT 7: Booth Creek Family LP clo William Lane 27fl0 CalWert Street NW Washington, DC 20008 BLOCK 2, LOT 8: Donald J. & Susan V. Marks 2685 Bald Mountain Road Vail, CO 81657 BLOCK 1, LOT 9, PARCEL 1: Dean S. & Charlyn M.C. Ganada P.©. Box 261 Vail, CO 81658 ~ ~ ~~T ~ r P A~~E~ 2 . L~~~~,aid rles F . ~~~ gcx '~ ~'~ P-~- g16~8 '~lail~ ~~ t~Ze,v~sed ~. Qctaber 6, 2003 List of adjacent property owners ta: Kendrick Residence Vail Village 13~~ Filing, Black 1, Lot 5 ~ 29G5 Manns Ranch Road Vail Village 13tr'' Filing, Black 1, Lot 6 -~ 2975 Manns Ranch Road Owners: Clinton & Mary Kendrick 465 Lang Ridge Raad Bedford, NY 10506 BLOCK 1, LOT 4, UNIT A: Gail Molloy 2945 Manns Ranch. Road, Unit A Vail, CO 81657 BLOCK 1, LOT 4, UNIT B. Frank C. Manart 2945 Manns Ranch Road, Unit B Vail, CO 81657 BLOCK 2, LOT 7: Baath Creek Family LP cla William Lane 27Q0 Calvert Street NW Washington, DC 2D008 BLACK 2, LOT 8: Donald J. & Susan V. Marks 2685 Bald Mountain Raad Vail, CO 81657 BLOCK 1, LOT 9, PARCEL 1: dean S. & Charlyn M.C. Canada P.Q. Box 261 Vail, CO 81658 BLQGK 1, LQT 9, PARCEL 2: Charles F. Langmaid P.Q, Box 189 Vail, G© $1658 • • i MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 27, 20103 SUBJECT: A request for a sign variance pursuant to Section 11-4B-20, Window Signs, and Section 11-4A-1, Signs Permitted in Zane District, Vail Town Cade, to allow for additional signage for 8ogarts Bar and Bistro, located at 143 East Meadow Drive, Unit 165 (Crossroads)ILot P, Block 5D, Vail Village 1St Filing. Applicant: A. Luc Pols Planner: `Warren Campbell I. SUMMAR'~ The applicant, A. Luc Pofs, is requesting variances from Sections 11-4A-1, Signs Permitted in Zone District and 11-4B-20r Window Signs, Vail Town Code, located at 143 East Meadow Drive, Unit 165 (Crossroads)/Lot P, Block 5D, Vail Village 1St Filing. The variances are requested to allow the applicant to exoeed the number ofi signs permitted along on a retail frontage abutting a vehicular street or major pedestrian way and to exceed the maximum number of two window signs per frontage on a vehicular street ar major pedestrianway. Staff is recommending denial of the requested variances as a hardship does not exist and would constitute a granting of special privilege to this individual properly. DESCRIPTION OF REQUEST The applicant, A. Luc Pals, is requesting two variances which would permit additional signage on the Bagart's Bar and Bistro location at 143 East Meadow Drive, Unit 165 (Crossroads)/Lot P, Block 5D, Vail Village 1St Piling. Bogart's Bar and Bistro is located within the Crossroads building on the lowest level adjacent to China Garden Too across from Pazzo's and was the former location of Hubcaps. The location has frontage on the parking lot far the Crossroads tenants and on East Meadow Drive. The applicant currently has approval for two awning signs in the locations of the previous Hubcap signage. A vicinity map is attached for reference (Attachment A}. The first variance request is to allow for an additional wall sign on the frontage facing East Meadow Drive. The proposed wall sign measures 5 square feet and would be in addition to the approved awning sign measuring 4 square feet. Section 11-4A-1, Signs Permitted in Zoning Districts, Vail Town Code, limits the maximum number of signs of certain types, such as awning signs and wall signs, to one sign per frontage on a vehicular street or major pedestrianway. A photograph of the proposed wall sign is attached for reference (Attachment B). The second variance request is to allow for ten window signs on the frontage facing East 1 Meadow Drive. This proposal exceeds the maximum number of permitted window signs per frontage by eight. Section 11-4B-20 limits the maximum number of window signs to two per frontage on a vehicular street or major pedestrian way_ A photograph of the proposed window signs is attached far reference (Attachmen# B). A letter from the applicant dated September 1 ~, 2QU3 explains in greater detail the desires and concerns the applicant has regarding the additional wall sign and the additional window signs e;Attachrnent C). III. BACKGROUND The f~esign Review Board approved two awning signs for Bogart's Bar and Bistro on ,tune t 8, 2©q3, which met the requirements of the sign Code. The applicant currently has a design review application in for a menu board and a change to a previously approved awning sign design. IV. ROLES OF REVIEWING BODIES The PEC is resc~onsible for evaluating a proposal for: Action: The PEC is responsible far final approval/denial of a variance. The PEC is responsible for evaluating a proposal for: 1. Special Circumstances Exist: There are special circumstances or conditions applying to the land, buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent right of way, which would substantially restrict the effectiveness of the sign in question: provided, however, that such special circumstances or conditions are unique to the particular business or enterprise to which the applicant desires to draw attention, and do not apply generally to all businesses or enterprises. 2. Applicant blot Responsible; That such special circumstances were not created by the applicant. 3. Harmony Maintained; That the granting of the variance will be in general harmony with the purposes of this Title, and will not be materially detrimental to the persons residing or working in the vicinity, to adjacent property, to the neighborhood„ or to the public welfare in general. 4. In Line With Provisions: The variance applied for does not depart from the provisions of this Title any more than is required to identify the applicant's business or use. 5. Other Factors: Such other factors and criteria as the Planning and Environmental Commission deems applicable to the proposed variance. f.?esian Review Board: Action: The DRB has ND review authority an a variance, but rrtust review any accompanying DRB application. 2 Town Council: Actions of DRB or PEC maybe 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 dec151on. 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. V. APPLICABLE PLANNING ©OCUAAENTS TOWN 4F VAIL ZONING REGULATIC3NS 11-1-1: Definitions din part} SIGN: A surface or space as permitted in this Title., whether continuous or not, which attracts the attention, identifies a business or building, conveys a message to any person by means of letters, numbers, figures, or other symbols, devices, or representations. 11-4A: Permitted Signs (in part} 11-4A-7: Signs Permitted !n Zoning Districts: This section specifies the allowable signs for each zoning district. The purpose, size, height, number, location, design and landscaping requirements, and special provisions for each type of sign are listed in articles B and C of this chapter (for CC3 and ABD districts). Zoning District ................... . CC 1 (commercial care ~') CC,2 (commercial core 2) LMU-1 (Llonshead mixed use 1) LMU-~ (Lionshead mixed use 2} CSC (commercial service center) HS (heavy service) PA (public accommodation) H (housing) Ht7MF (high density multiple-family) SBA (ski base/recreafion) GU (genera! use) A (agricultural acrd open space) P (parking) 3 Signs allowed in the indicated zoning districts subject to the purpose statement foreach sign and subject to the corresponding regulations for each sign. Accent lighting Building identification signs` Building identification signs* Building identification signs" Gaily special boards Display boxes Flags, pennants, banners, and burning Freestanding signs -Joint directory sign for multi-tenant building* Freestanding signs -Single business use* Gas filled, illuminated and fiber optic signs Murals and supergraphics Pollticaf signs Private no parking signs (See article B of this chapter for Projecting and hanging signs - individual sign purpose and regulations) business within amulti-tenant building Projecting signs -Single business use" Projecting signs -Joint directory signs for multi- tenantbuilding Projecting and hanging signs -Arcade Public information signs Residential nameplate signs Sign program Subdivision entrance signs Temporary sife development signs Traffic control signs for private property Wall signs -Joint directory sr'gns far multi-tenant building Wall signs -Single business use* Wa1I signs - Arcade* Wall signs - Individual business within a multi- tenant building Window signs Other temporary signs per chapter 5 of this title *Wal1 signs, projecting and hanging signs, freesfanding signs, orbuilding identification signs or any combination thereof, shall not exceed the maximum combination of one sign per vehicular street or major pedesPrianway which the business abuts, with a maximum of two (2) signs. 11-4B-20: Window Signs (in part) Window signs shall be regulated as follows: A. Purpose: 7o identify particular types of services, products or events; B. Size: 1. Any sign or signs attached to or applied to the inside surface of any exterior window will be limited to a coverage of fifteen percent (I5%J of the total window space. Further, with the exception of gas filled, illuminated, and fiber optic window signs, no sign ar signs shall cover more than ten (I Q) square feet of any window space. Gas filled, illuminated and fiber optic window signs shall not cover more than three (3) square feet of any window space. 2. A window space is considered to be the total area of any single window pane or series of window panes separated by mullion of twelve inches (I2') or less. C. Height: The top of the sign shall be no more than twenty five feet (25) above existing grade. D. !Number: Each window frontage may contain sign ar signs within the prescribed sign limits for each frontage on a street ar major pedestrianway with a maximum of two (2) signs per frontage. Not mare than one sign for each frontage shall be permitted to be II a gas filled, illuminated or fiber optic window sign. i 4 11-7: Variances ~ 7-7-i: Purp©se; Limitaflorts: A. Copsiderations: In order to prevent or to lessen sock practical difficulties and unnecessary physical hardships inconsistent with the objectives of this Title, variance from the regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, ar dimensions of a structure, ar the location of the structure, from topographic or physical conditions on the site or ip the immediate vicinity, or from other physical limitations, street locations, or traffic conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason far granting a variance. ~. Scope: A variance maybe granted with respect to any regulation captained ip this Title. (Ord. 9(1936) § 3) VI. SITE ANALYSIS Zoning: Commercial Service Center Land Use Plan Designation: Village Master Plan Current Land Use: Mixed use retail and residential VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: interstate 70 CDOT Right-of~way South: Commercial Commercial Core 2 District East: Public Facility General Use District West: Mixed Use SDD # 6 VIII. CRITERIA AND FINDINGS q. Consideration of Factors Reaardina the Setback Variances: 1. Special Circumstances Exist: There are special circumstances or conditions applying to the land, buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent right of way, which would substantially restrict the effectiveness of the sign in question: provided, however, that such special circumstances ar conditions are unique to the particular business or enterprise to which the applicant desires to draw attention, and do not. apply generally to all businesses or enterprises. This location does not have any special circumstances or conditions which are unique to the site, building, or the business. Many properties in Town have location slightly or entirely below the existing grade of the adjacent vehicular street ar major pedestrianway. The precious establishment, Hubcaps, operated for several years with signage which met the criteria of the Sign Code. The applicant has expressed concern over customers walking into the large glass doors and injuring themselves because they 5 are unable to see the glass door is shut. Staff believes this issue can be solved in one of three ways rather than the request for a variance for additional signage. The first solution would be to remove the large glass door and construct a wall with opening windows which would make it apparent that customers were not to exit the establishment along the patio were the double doors exist today. The second solution would be to install a wide handrail/guardrail in front of the doors of a substantial size as to make it evident that whether the double doors were open or shut that customers were not to exit out onto the patio. The third solution would be to replace the current signage on the windows to meet the Sign Code requirement for window signs and place a graphic in the remaining windows which does not meet the definition of a sign as defined in the Code. For example elevated walkways which are enclosed with glass typically puce small graphics such as silhouettes of birds filying on the windows so that birds can see that the walkway is not open to the air thus preventing birds from flying into the windows and injuring themselves. The applicant can place a generic graphic in every window he chooses as long as it does not meet the definition of a sign which is found in Section V of this report. The applicant has also expressed concern over the confusion of customers not being able to identify the separate entrances to China Garden Too and Bogart's Bar and Bistro. Staff believes that once the applicant has installed the signage for which he currently has approval and the signage for which he has submitted an application that the confusion will diminish. Requesting a variance for a second sign, the wall sign, in conjunction with his approved awning sign. would be increasing his permitted signage significantly and would be a privilege not enjoyed by other establishments. If the applicant feels this sign better serves his customers than he can leave but must not install the previously approved awning sign. 2. Applicant Not Responsible: TYsat such special circumstances were not created by the applicant. Staff believes there are no special circumstances created by either the site, building, topography, ar the applicant. Staff believes that once the applicant has installed the signage which he is permitted under the Sign Cade that locating his business will become easier for his customers. Ta date the applicant has only installed unapproved illegal signage on his establishment which includes the window signs and the 5 square foot wall sign.. 3. Harmony Maintained: That the granting of the variance will be in general harmony with the purposes of this Title, and will not be materially detrimental to the persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general. The requested variances would disrupt the harmony which the Sign Code is intended to keep in being fair and equitable to all establishments requesting signage. Staff was unable to find any variance request having been approved for variances of this nature. 4. In Line With 1='rauisions: The variance applied for does not depart from the provisions of this Title any more than is required to identify the applicant's business or use. The variances applied for departs greatly from the provisions of Title 11 of the Sign Code. The applicant has been approved for two awning signs and currently has an application submitted for a menu board and a change to one of the awning signs. Staff believes that the combination of this signage adequately identifies the applicant's business. 5. Other Factors: Such other factors anti criteria as the Planning and Environmental Commission deems applicable to the proposed variance. 8. The Planning and Environmental Commission shall make the following findings before granting a variance;: That special circumstances or conditions apply to the land, building, topography, vegetation, sign structures or other matters on adjacent lots or within the right-of-way, which would substantially restrict the effectiveness of the sign. ~. That such special circumstances were not created by the applicant. 3. That granting the variance will be in general harmony with the purpose of this title and will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 4. The variance applied for does not depart from the provisions of the Vail Town Code more than is required to identify the applicant's business use.. i}C. STAFF RECt]MMEN®ATiQN The Community Development Department recommends denial gf the request for variances from Sections 11-4A-1, Signs Permitted in Zone District and 11-4B-2Q, WindowSigns, Vail Town Code to allow for additional signage at 143 East Meadow Drive, Unit 165 (Crossroads)ILot P, Block 5D, Vail Village 1 sc Filing. Staff's recommendation is based upon the review of the criteria in Section VI I I of this memorandum and the evidence and testimony presented, sub)ect to the following findings: 1. That specia! circumstances or conditions do not apply to the land, building, topography, vegetation, sign structures or other matters on adjacent lots orwithinthe right-of-way, which would substantially restrict the effectiveness of the sign. 2. That such special circumstances were created by the applicant. 3. That granting the variance will not be in general harmony with the purpose of this title and will be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 4. The variance appiied for departs from the provisions of the Vail Town Code more than is required to identify the applicants business use. X. ATTACHMENTS A. Vicinity Map B. Photographs of the proposed signage C. Letter form the applicant dated September 12, 2003 ®. Publication Notice ~i sl ::: .; I i s ~J ~ ~~I 4 ~6 z _ _ f 4~ a~1~?.y' : ' ,. " '~ ( ' :t, 5 ti £ . Attachment : B ti '~ - ~ . Y. _ _ ~~ i ~ ~ v ac . rt~ i~ < 11f 1 , v~v.^.~~-tt~ ~ r~,~:. _. , , ° _ ~ x114-_ :k~: n. fir. r~~+ ~„~ ~~._, - t... 5 ~ ~ ~' . , ~. r • ~a ~ S ~ . . ~ ~ f~r~4 y '~ __ ~/ f ~i._~ ~.F } .: } f ' ~. j .t P '~f ~ i~ ~1 ~ J~ ; ~ i{. ~ _ ~ ~"' Lid 3 }~~~` ` I 3 . P ~:. ~.f 4 ~ ~` ~ }! .{ . ~ ~ k ~ V i ~ l N] $ `'~ ~ ti 7 t: s - 1 %~:1 ~ ~ I ~ ". t"'! _-~5~ \~:~} ~ ~ ~ ~ K" w+'-q~ ~ 1z ~` v f ~..5^~y aL '3°~L+E'~.'~ .sS+.`. ~ x ~ ~ i r ~'~{ r-r rpm k ~iw t `," : ~t,~. ~.,Y ^~r`' r Sf S+~ '~' ., ~° t ~ ~~' ~ srt ;~°ti 1+t.~n"~_7a~'s rSxµ~,+h~*.-"LC~~+t <#4r, .. ~. P: y _~ i.'t L ~ "L. S ~ S` iT ~ y 9 ~ ~~~ _ ^ '' ~ +.nvaa.: ~ ~--Ems]' ~=~ D~LU ENTERPRISES, Inc. 2325-12' Tahoe Drive 2/arf G'olorQdo 81657- 3816 tel 970.4T5.54T7 fax 9T~4TTICJp3 lucpals@m3fg.com September 12, 2003 Mr. David Rhoades Code Enforcement Officer Town of Vail 75 South Frontage Road Vail, Colorado 8157 Dear Mr. Rhoades: R.e: design variance application Bogart's Bar ~. Bistro This letter serves as an explanation of the "'Description of Request", as set forth in the Application for Review by the Planning and Environmental Commission and please refer to your letter dated September 3, 2003. Our request consists of various matters: 1. variance for the signs on the windows and front door of Bogart's Bar & Bistro ("Bogart's"). As you know, the front of the establishment has various doors that open up to the terrace and that, at tunes, can be and is confusing to the clients. Before we attached the signs; we already had an incident ulherebv one of our customers walked into a window. That «~as obvious the main reason for us to attach the signs. Luckily no harm was done, but T shudder at the thought of a law suit being filed against ourselves, because someone got hurt walking into the windo«~s. As a side note, if the. Town of Vail makes us take down the various signs and an incident should ever happen, l am certain, given today's contentious litigation climate, that the Town of Vail znighi also be sued. The signs are tasteful, small in nature (see enclosed photos marked I and TT on the back) but sense the purpose of protecting our clientele. Vw~e have placed these strategically with two open windows and two with attached signs. We hereby respectfully request that the signs currently attached to tl~ze windows and front door of Bagart`s be left u~ place, since these should not be considered "signs", but rather as safety devices, 2. the sign over the tez~-ace ozl the awning. ~,~ve received approval to place our sign an the awning aboart t~va znoz~tl~ ago, but Svc would like to change tai, within code, to the sign as outlined on attachn~zent "A". Instead of the Bogart's logo, tive would like to write out our Warne in fall and place that on the awnizlg. Photo (marked lll on the back} shows the place where this would go and it is the place where now the old sign has been covered by a piece of black cloth.. Attachment: C Mr. David Rhoades, September 12, 2003 page -2- of -2- i 3. Tl~e variance and approval thereof of the small sign which is located on the wall at the entrance of the Restaurant. When we signed the lease far Bagart's, there were three signs in place: a. the sign on the awning over the terrace (see above photo III}; b. the sign on the other side of the building adjacent to the parking iot (see enclosed photo marked IV on the back); and c. the sign over the steps (uz~foz-tunateiy the photo did not come out). While eve understand that the according to the rules,. we only are entitled to two signs, it would make a lot more sense for us to leave this sign in place. figs you know, there is another restaurant adjacent to Bogart's (Chi7-za Garden II) and there continuously tivas a confusion where v~Fhat was. This way, China Garden's customers urill not be confused azad neither will Bogart's. The sign measures 25" by 29" {see attached photo marked V on the back) and tastefully breaks up the rather large (West) wall to the entrance of the restaurant. 4. The approval of changing the menu box to the specifications as outlined on the attachment marked "B.. Tl~e attached is quite self explanatory, but allow me to indicated that ule a. plan to have lights «.~itlun the menu box; and b. use the i7"x12" space far specials andlor announcements, such as ""live music" etc.. Mr. Rhoades, please Iet us know what steps we should be taking, In the case that a disapproval is likely, we would like to have the opportunity to defend our postiaza iz~ front of the design Review Board at its earliest convczuence. I can be reached at 376.2400 (cell phaz~.e) and zxzy partner, Mr. David Cribbs can be reached at 977.0429 {cell phone). the telephone number at Bagart's is 476.7$00. Thank you for your kind attention in this matter. • THIS ITEM MAY AFFECT YOUR PRQPI=RTY PUBLIC NQTICE NC4TICE IS HEREBY GIVEN that the Planning and Environmental Gommission of the Town of Vail will hall a public hearing in accordance with Section 1 ~-3-6 of the Vail Town Code on, Octoi7er 27, 2003, at 2:f}© P.M. in the Town of Vail Municipal Building. in consideration of: A request for a setback variance pursuant to Section 12-6D-6 Setbacks, Vail Town Code, to allow for a garage addition, located at 1956 West Gore Creek DrivelLat 45, Vail Village West 2"~ Filing. Applicant: David Irwin Planner: Matt Gennett A request for a sign variance pursuant to Section 11-4B-20, Window Signs, and Section 11-4A- 1, Signs Permitted in Zone District, Vail Town Cade, to allow for additional signage for BagaR"s Bar and Bistro, located at 143 East Meadow Drive, Unit 165 (Crassroads)ILot P, Black 5D, Vail Village 1 ~t Filing. Applicant: A. Luc Pols Planner: Matt Gennett A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses, Vail Town Code, to allow for a public utility and public services use, located at 5D1 North Frontage Road (Solar Vail Condominiums}! Lot 8, Block2, Vail Potato Patch 1 S` Filing. Applicant: Nextel, represented by Glen Klocke Planner: Warren Campbell A request for a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to a@low for a public utilities installation, located at 545 North Fronta~e Road (Red Sandstone Elementary School}fPart of Lot 8, Block 2, Vail Potato Patch 1S Filing. Applicant: AT&T Wireless Services, Inc. Planner: Warren Campbell A request for a minor subdivision pursuant to Ghapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replotting of property boundary amendments, located at 2965 & 2975 Manns Ranch Road, Lots 5 & 6, Block 1, Vail Village 13'h Filing. Applicant: Clinton J. Kendrick, represented by Segerberg, Mayhew, and Associates Planner: Bill Gibson A request for conditional use permit, pursuant to Section 12-71-5, Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards far All Uses, Vail Town Gade, to allow for the construction of an unpaved private parking lot, located at 862 South Frontage Raad WestfUnplatted. (A complete metes and bounds legal description is available far review at the Tawn of Vail Gommunity Development Department). Applicant: Vail Resorts Planner: Elisabeth Eckel Attachment: D • 1 .,•~- `~~ ~, ^~~ I)ALU EN'TE~P'RYS~S, INC. 2326-W Tahoe ~riue Vuil Cnlnrudn 81657 - 3816 tel 97U.476, 6477 ficr 97U.477.1043 Date: 9/~ 612003 To: NIr. David Rhoades, T©wn of Vail Subject: signs Dear A~Ir. Rhoades As stipulated in your forms, following are the names and addresses of the owners of the buildings, adjacent to and accross the street from Bogart's Bar & Bistro's property; I. On the SnutlT side is the building occupied by the club 8150;. is owned by our landlord. Trevino. L.P_ c/o Slifer Management Company, 143 East Meadow Drive, suite 360, Vail, CO 81657 II. On the ,East side is the Vail panting structure owned by the Towrz of Vail. III. Qn the hest side is the CrossRoads West building, where the stores are owned by our landlord (see above) and the condominiums above these are owned by the following people: Al - Mr. & Mrs, Richard Barrett, P.Q. $ox 1701, Boulder, C4 80306 A2 - Mr. ~. Mrs. Richard Barrett, P.Q. Box 1701, Boulder, CO 80306 A3 - Mr. Toper Azlderson, 1225 - 17th Street, 26th floor, Denver, CO 80202 A4 - Mr. Charles Goodin / Ms, Sue Goodin, 11 Parkway Drive, Englewood, C4 80110 AS - Ms. Michelle Mayzle, 1200 Crystal Springs Court, Reno, NV 89509 A6 - John McDonald Coznpaz~y, 30 Cabarellos Road, Rolling I-Iills, CA 90274 B 1 - Mr. Kirk Brown III / Ms. Jill Wiltse, 1776 Lincoln, suite 1.020, Denver, C© 80203 B2 - Mr. Joseph Obering /Coda LLC, $177 Preston Road, suite 520W, Dallas, TX 75225 C1 - Mr. ]dean Taylor, 1625 Laz-izxrer Street, # 903, Denver, CO 80202 C2 - Mr. VVillian~z Hokin, 875 North Michigan. Avenue, Chicago, IL 60611 C3 - Mr. ~ Mrs. Konrad C7berlohr, 2656 Davos Trail, Vail, CO S 1657 C4 - Mr. Andrew Littman, 705 Juniper Avenue, Boulder, CO 80304 D1 - M. Thomas Z. Hoffirzan, 143 East Meadow Drive, suite 330A, Vail, CO 81657 D2 - Mr. & Mrs. Frank C. Puglia, 4617 Lawson Court, Plano, TX 75093 D3 - A!Ir. Andrew Littman, 705 Juniper Avenue, $oulder, CO 80304 D4 - Mr. Andrevr Littmazz, 705 Juniper Avenue, Boulder, CO 80304 E1 - Ms. Kathy Renznarz., 35x9 Casitas Avenue, Los Angeles, CA 90039 E2 - Mr. & Mrs. Merle Saclu~off, 5171 Idylwild Trail, Boulder, CO 80301 E3 - Ms. Dalian Drillman, 7308 Rivez~Tiew Dive, Bradenton, FL 34209 E4 - Mr. Jeffrey C. Garvey, 3909 Balcones Drive, Austin, TX 78731 LS - Mr. & Mrs. Robert P. Smith, P.Q. Box 700, Evergreen, CO $4437 1J6 -The Five Smiths L.P., c/o 1-I. William Smith Jr., 975 County Road, #10A, Norwich, NY 13815 IV. The Norh1: side of the building (accross the street) is known as Village Center Building D: The commercial areas are owned by: Mr. Fred Hibberd, 400 N.W. Ridge Road, Jackson, WY 83001 Th condominiums above the commercial area are owned bv: UOT - Mr. Jahn E. White, 551 South Mashta Drive, Key Biscayne, FL 001 - Mr. 8;. Mrs. Tlaon~as Byrnes, 6224 Brigadoon, Longmont, CO 80503 403 - Mr. & Mrs. Richard Conley, 12700 V4Test Bluem©und Road, Elmgrove, WI 53122 OU4 - Ms. Azny Weasler, P.O. Box 420, Keaiakekue, H:I 96754 UUS - Mr. Donald Hogeboom, Box 15774044, Sioux Falls, SD 57186 006 - Ms. Allison Dalvit-Jacoby, 965 Polo Club Court, Littleton, CO 81025 407 - Mr. Daniel S. Barry, 122 East Meadow Drive, Vail, CQ 81657 UUS - Mr. Daniel S. Barry, 122 East Meadow Drive, Vail CQ 81657 009 - Mr. Wade Warren Murphy, 200 North Jefferson, suite SUO, El Dorado, AR 71730 010 - Mz. $i Mrs. John Kaemmer, 434 Gore Creek Drive, Vail, CO 81657 011 - Mr. c~c Mrs. Vincent Clemens, 6 Bixtlione Path, Hawthorn Woods, IL 64047 012 - Ms. MarieJo Tairrnpo-Oskarsson, Box i 5285544, Sioux Falls, SD 57186 013 -Stephan Platcow & Mark Malin, 222 South Morgan, suite 226, Chicago, II, 60607 014 -Audrey McLean, Marriott Brighton Gardens, 103 Aircaro Place, suite 226, Brentwood, TN 37027 415 - Dr. Felix E. Wood clo Vail Realty, 302 1=Janson Ranch Raad, Vail, CO 81657 V_ The building in which Bogart's is located, is owned by our landlord {see above). Enclosed please find the staar~ped addressed evvelopes for your cot~veiuence. • • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 27, 2003 SUBJECT: A request for a conditional use permit, to allow for employee parking at the `"Holy Cross Site", located at 923 and 862 South Frontage Road WestFTract A, Tract B, I-70 R.OW. Parcel 268, and Red Sandstone Rd Parcel., in accordance with Section 12-71-5, Vail Town Code and variances from the landscaping requirement associated with Section 12-71-15 anal the pawed surface requirement associated with Section 14-5, flail Town Cade. Applicant: Vail Resorts, represented by Braun and Associates Co-Applicant: Town of Vail Planner: Elisabeth Eckel I. SUI'ifll'VIARY The applicant, Vail Resorts, represented by Braun and Associates,. is requesting a conditional use permit to allow employee parking at the "Holy Crass" Lot, 923 and 862 South Frontage Road 1lVest, and is requesting two variances: a deviation from the minimum landscaping requirement associated with Off-Street Parking and Laad'eng areas and a deviation from the paving requirement associated with Off- Street Parking and Loading areas. Pending approval from the Planning and Environmental Commission, the lot will begin in its use as a parking lot in mid- November, 2p03. Staff is recommending approval of these requests subject to the findings and conditions outlined in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Vail Resorts, represented by Braun and Associates, is requesting a conditional use permit in accordance with Section 12-71-5, Vail Town Code, to allow for a private parking lot an the Holy Cross site. Additionally, the applicant is requesting the following: a variance from Title 14, Section 5 of the Development Standards Handbook, to allow for a deviation from the minimum interior landscaped area of 10°I° that is required for an unenclosed off-street parking area containing 15 or mare spaces; and a variance from Title 14, Section 5 of the Development Standards Handbook, to allow far the construction of an unpaved, gravel parking surface at the site located at 923 South Frontage Road WestfTract A. The site on which the parking lot is proposed is complicated for several reasons. A portion of the proposed parking lot is being developed within the Tawn°s Red Sandstone right-of-way parcel which divides Tract A and B as well as on a parcel owned by CDOT. Vail Resorts will be working with CDOT to obtain their permission to use the portion of the parcel that is owned by CDOT. The current request will allow this unpaved parking area for the 2003-2004 ski season as the frrsf of fwo phases of a larger, more permanent project, eventually leading to necessary roadside improvements, the paving of both Tract A and Tract B, and up to 295 additional parking spaces for Vail Resorts. The benefit of the relocation of employee parking spaces from the West Day Lot to the Holy Cross site would be the relocation of day skier vehicle traffic from along the South Frontage Road fa the (Nest Day Lot, which is directly to the South of the Frontage Road. The applicant believes that the use of this site as a parking area for Vail Resorts' employees results in eventually providing increased parking options to the Town of Vail for public parking. The conditional use and variance requests apply to the area of the maintenance site directly west of the buildings that currently store Vail Resorts' equipment and vehicles (Tract A). Vail Resorts has begun to facilitate the clean-up of the Holy Cross parcel by removing vehicles `stored" on the site, improving the visual apsects of the site remarkably. Phase 1 of the project, if approved, will provide 140 parking spaces {only 20 spaces less than currently exist at the West day lot), and will be open to Vaii Resorts' employees only. Phase 2 of the project will accommodate approximately 106 employee spaces depending on final layout, anal therefore replace all of the West Day Lot parking. Vehicle access will be from the South Frontage Road entrance to the Maintenance Center. The entrance will be controlled by acard-reading gate on the east side of the lot, to the northwest of the maintenance site entrance that is opposite Forest Road. According to the applicant, "pedestrian access and circulation will occur internal to the site and cross the South Frontage Road at the intersection with Forest Road to the existing pedestrian path located on the south side of the South Frontage Road. A painted crosswalk and signage will be provided at this location to alert the motorist to the presence of pedestrians. This will allow employees to have a safe and protected route to Lionshead." Grading has occurred on the site to facilitate improved drainage on the site so that runoff will not drain directly into the adjacent Redsandstone Creek. Fire truck access will be from the South Frontage Road, through the cut in the existing berm, which was a result of one of the conditions of approval from the previous Planning and Environmental Commission hearing concerning parking as a conditional use at this location. Limits of disturbance fencing will be placed around the area to be graded in order to protect the existing vegetation near the creek. Snow storage has been designated on the site ,plan and will exist largely on the north side of the lat. The applicant has been advised to provide breaks in the permanent silt fencing, ar the temporary limits of disturbance fence, if necessary, to accommodate large amounts of snow without damaging the protective fencing. • Directional signage has been proposed by the applicant and will be discussed further should a conditional use permit be approved. Therefore, the construction of the proposed unpaved parking lot requires the review of two applications. The first application includes two variance requests: to construct the parking lot with an unpaved, gravel surface, and without the landscaping required under Parking Structure Design Standards. The second application is for a conditional use permit to construct the parking lot under the Lionshead Mixed Use li zone district requirements. III, BACKGROUND Holy Crass Parcel (Tract A) Prior to Vail Resorts' 1995 purchase of Tract A, the parcel proposed to be used as a parking area #or Phase 1, the lot was used by Vail Resorts and Holy Cross Electric for vehicle and equipment storage. The use of the lot as a storage site, as well as the creation of 101 unpaved parking spaces, was approved by the Town of Vail through a conditional use permit and related variances in 1990. However, after the approval expired in 2001, a conditional use permit far an unpaved parking area was again applied for and approval was granted by the Town. The site was used for landscape equipment and material storage for Fitz and Gaylord landscaping and vehicle storage for Vail Resorts (70 unpaved spaces). This approval lapsed in .9uly of 2003. A historical concern about the use of this lot has beans the storage of abandoned vehicles and junk on the site. To mitigate this concern a landscaped berm was required to buffer the site from the Frontage Road. Recently the site has been cleared of abandoned vehicles and junk. In addition, drainage has been improved to prevent direct run-off to Red Sandstone Maintenance Center (Tract B} In 1993 the Town of Vail approved a conditional use permit allowing an expansion of the Vail Resorts Maintenance Center. That expansion allowed a building addition which contained offices, meeting areas, locker rooms, and storage. Along with that approval the Town allowed 129 employee parking/snowcat parking spaces. This conditional use permit is still valid for the operation there today. These 129 spaces allowed by the 1993 approval are provided in the proposed plan for the site. IV. ROLES C7F THE REVIEWING BC3ARD5 Conditional Use Carder of Review: Generally, applications will be reviewed first by the PEC for acceptability of use and then by the C)RB for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The PEC is responsible for final approvalldenial of Conditional Use Permits The PEC is responsible for evaluating a proposal for: 3 ~, 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.. fi. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title.. 7. Conformance with development standards of the applicable zone district and' proposed use include: - Lot area - Site Dimensions - Site coverage - Landscape area - Parking and loading - Mitigation of development impacts Design Review Board: Action: The DRB has N4 review authority an a Conditional Use Permit, but must review any accompanying DRB application. The DRB is responsible far 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 - RemovallPreservation of trees and native vegetation - Adequate provision far snow storage an-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 4 Staff: The staff is responsible for ensuring that a[I 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 Tawn Council ar by the Town Council Town Council evaluates whether or not the PEC or DR6 erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Variance Order of Review: Generally, appiicafions will be reviewed first by the PEC for impacts of the proposed variance and then by fhe DRB far compliance of proposed buildings and life planning. Planning and Environmental Commission: Aetion; The PEC is responsible for fna! approval/denial of a variance The PEC is responsible for evaluating a prapasal for: 1, The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal. interpretation and enforcemen# of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Design Review Board; Acfian; The DRB has NO review authority on a variance, but mr~sf review any accompanying DRB appfication. 5 The DRB is responsible for evaluating the DRB proposal for: i V. - 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 - RemovallPreservation 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 cvnfvrm 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 an 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 condi#ions, 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 PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. APPLICABLE PLANNING DOCUMENTS Town of 1Jail Zoning Regulations 72-7 Lionshead Mixed Use 2 (LMU-2) Da'stric#: 92-71-9: PU,4P~DSE: The Lionshead Mixed Use 2 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, betels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices„ skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 2 District, in accordance with the Lionshead Redevelopment. Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to ~i encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives far properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable grass residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public, off-site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrianlbicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. (ord. 3(1999} § 2} 92-71-5: CQNDITICINAL USES; GENERALLY (C~NALL LEVELS QFA BUILDING OR OUTSIDE OF A BUILDING: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance w%th the provisions of chaster 1~ of this title: Bed and breakfast as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Coin operated laundries. Commercial storage. Gasoline and service stations. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Ptrbllc or private parking lots. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations, Vehicle maintenance, service, repair, storage, and fueling. 7 Warehousing. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. {Ord. 17{20(71) § 2: ©rd. 3{1999} ~ 2} 92-76 Conditional Use Permit (irr part} 12-1fi-1: PURPOSE; LIMITATIONS: In order fo provide the flexibility necessary fa 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 ar special characteristics, conditional uses require review and evaluation so that they may be located properly with respect fo The purposes of Phis Title and with respect to their effects on surrounding properties. The review process prescribed in This chapfer is intended tv assure compafibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as cvnditiona! uses in the various districts may be permitted subject fo 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 fo other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits sha11 be denied. (Ord. 8(1973) .§ 18.1 QQ} 72-77 Variances (In part} 1 ~-17-1: PURPOSE.' A. Reasons Far Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with fhe objecfives of this Title as would result from strict or literal interprefatian and enfvrcemenf, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from fhe size, shape, or dimensions of a site or fhe location of existing structures thereon; from topographic or physical conditions on the site or in tlae immediate vicinr'fy; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to fhe applicant of strict or literal compliance with a regulation shall not be a reason far granting a variance. 12-17-7: PERMIT APPROVAL ANl~ EFFECT. Approval of the variance shall lapse and became void if a building permit is not obtained and construction not commenced and diligently pursued Toward completion within fwo (2} years from when the approval becomes final. (Ord. 48 (1991) § 2: Ord. 1fi(1J78} § 5(c}) 12-17-8: RELATED PERMITS AND REQUIREMENTS: In addition to the cvndifivns which maybe prescribed pursuant tv this chapter, any site or use subject fv a variance permit shall also be subject fo all other procedures, permits, and requirements of this and other applicable chapters and regulations of the town. In event of airy conflict between the provisions of a variance permit and other permit or requirement, fhe more restrictive prevision shall prevail. (Qrd. 8(1973 ~ 19.900) Title 'E4 Development Standards Handbook Chapter 5 Racking Lot and Parking Structure ^esign Standards Far All Uses (in part) Surfacing: All parking areas shall be an improved paved surface Landscaping: Not less than 10% of the inferior surface area of unenclosed off-sfreef parking areas containing 15 or mare parking spaces shall be devofed to landscaping. In addition, landscape borders not less than 10 feet in depfh shall be provided at all edges of parking tots containing 30 ar more parking spaces. A Landscape berm, wall, or fence of not less than 4 feet in height, of the same architecture! style as the building, in cambinafian with landscaping may 6e substituted far the landscape border. !n developments with cross-access ar shared parking facilities, fhe landscape border between fhe development shall not be required. Lionshead Master Plan The Lionshead Master Plan, adopted December 15, 1998, references the pr©posed use and specifically the Hoiy Crass site in the following sections: Section 3.9: "The ground rules of the Lionshead master plan state that future redevelopment will not cause a net loss of parking. Section 3.2.5.3: Vail Associates Service Yard The Vail Associates service yard, bordered by the youth Frontage Road on the east and south sand Red ~'andstane Creek on the west, currently contains a wide variety of mountain operation functions such as snowcat sen.ice and fueling,. warehouse storage, and maintenance shops- YVhile the service yard is critical to Vail Associates' mountain aperation.s there is a strong interest on the part of the Town of Vail to see the majority of these facilities relocated on-mountain. According to Vail Associates it may be possible to relocate many of the facilities, but the snow cat service and fueling operations must remain at ar near its current location. Section 3.9.4 Vail Associates Empiayee Parking Vail Associates currently utilizes two large surface parking lots within the study area for ifs employee parking needs. The north day lot (see figure 3-15), with a capacity of approximately 105 cars, is located behind fhe Landmark tower and is fhe sife proposed for a transportation center. The west day lot, located just west of fhe Marriott parking structure, has an approximate capacity of 1607 cars and represents a significant develapmenf opportunity. Parking 9 displaced by redevelopment of these sites musf be replaced within fhe Lionshead sfudy area fo satisfy fhe ground rule requiring no nef bss of parking- Section 4.8.3.3 Potential New Parkin8 Sites a. West Lionshead/Vaal Resorts Maintenance ,Site The construction a second public parking structure at the west end of Lionshead has been a planning consideratr'an .~~inee the completion of the Vail Transportation Master plan in 1991. This site is currently undeveloped (except for the Yail Associates maintenance yard) and is large enough to meet projected parking demand. It is well located in relation to the potential new eastbound I-7t1 access ramps. I'otenlial logistical hurdles to the use pf this site are as follows: VI. SURROUNDING LAND USES AND ZONING Land Use Zonina Nvrkh; Roadway no zoning South: Residential Medium Density Multi-Family and SDD #5 East: Mixed Use Lionshead Mixed Use 1 (LMU-1} West: Roadway no zoning VII. ZUN9NG ANALYSIS Legal Description: Holy Cross Site, 923 South Frontage Rvad WestlTract A Zoning: Lionshead Mixes Use 2 (LMU-2) Land Use Plan Designation: Lionshead Master Plan Current Land Use: Parking and equipment storage Lot Size: Tract 8 141,744 s.f. Tract A 53,143 s.f. Red Sandstone Road Parcel (TOV} 14,418 s.f. -70 R.O.W Parcel 2613 - 13.242 s.f. 222,547 s.f. Parking Area Area of the proposed parking area: 72,757 s.f, Landscape Area Area left undisturbed (Tract B) 5,336 s.f (4%) Area left undisturbed (Tract A) 23,637 s.f. (44%) Area left undisturbed (TOV parcel) 0 s.f- (0%} Area left undisturbed (I-70 pacel} 8,404 s,f. (63%) landscaped on Tract A, I-70, & TOV 40% landscaped on all parcels 17°i° l0 11111. CRITERIA AND FINDINGS FOR REVIEW 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. Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 7. Relationship grad impact. of the use on development objectives of the town. Staff believes that the proposed parking area, though unpaved and not landscaped, will still have a positive impact on the development objectives of the Town. The previous two conditional use permit approvals by the PEG (1994 and 2f1©1) demonstrate that the site is well-suited as a parking area in addition to providing temporary relief of the existing parking problem in the winter and a more attractive alternative to the current use of the site for equipment and vehicle storage. The Lionshead Master Plan also states in Section 3.9.4 that. Parking displaced by redevelopment on the West Day Lot and North Day lot "rrrust tae replaced within the Lionshead study area to satisfy the ground rule requiring no net loss of parking. " 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 reeds. Staff believes the proposed parking area will have a positive impact on the above criteria. The proposed parking area will provide a safer parking opportunity for visitors who have previously parked on the South Frontage Road. The functionality of the South Frontage Road will therefore be improved during peak winter days. 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 parking area will have a positive impact on the above criteria. Because this parking lot will be used by employees who have previously parked at the West Day Lot, the West Day Lot will then be available to accomodate public parking that would have otherwise occurred on the South Frontage Road. With the reduction of parking on the South Frontage Road will come reduced congestion, increased safety for employees and skiers, and improved traffic flow. Q. 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 above criteria are not relevant to the proposed parking area as there are na buildings associated with this proposal. The Planning and Environmental Commission shall make the following findings A before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this Ttle 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. 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, ar 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. Cos# 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 from Title 14 Chapter 5 of the Development Standards Handbook, Parking Lot and Parking Structure Design Standards For All Uses. According to Title 14 Ghapter 5 "All parking areas shall be an improved surface. " 1? Furthermore, it states; "Nof less fhap ~(?~ of the Inferior surface area of unenclosed off-streef parking areas captaining 95 or mare parking spaces shall be devoted to landscaping. In add~tlop, landscape borders not less than 90 feef in depth shall be provided at al! edges of parking lots containing 3Cl or more parking spaces. A landscape berm, wall, or fence of not less thap 4 feef in height, of the same architectural style as fhe building, in combination with landscaping may be substituted for the landscape border. !n developmepts wifh cross- access or shared parking facilities, the landscape harder between the development shall pat be required." The applicant is requesting a variance to a11ow far the continued use of a gravel surfaced parking facility with no interior landscaping. Section 12-17-6, Criteria and Findings, of the Vail Town Cade, 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, Before acting on a variance application, the Planning and Environmental Commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Generally speaking, the proposed parking area will have 6ittle to no negative affeot on uses and structures in the vicinity. The proposal will allow the Town of VaiC and Vail Resorts more time to develop additional parking far the public. Allowing an unpaved surface makes the public parking solution less urgent, as the Vilest Day Lot would be available for public parking. Additionally, the use of this property, "in this quasi-industrial area of Vail", has historically been far vehicle and equipment storage. Therefore, the continuance of this site as a parking area should not be problematic. 2. The degree to which relie# from the strict or literal interpretation and enforcement of a specifed 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 the proposed parking area will be a major benefit to the community in providing a safer experience for visitors by reducing the number afi days and the number of vehicles parked on the Frontage Road. A requiremen# to immediately install an improved paved surface would not permit this proposal to work in the short time frame that exists to help address the skier parking problem yet this year. Additionally, the parking area is proposed to be paved as a part of Phase 2 of the project. Because these variances are sought to help provide a solution to the public parking condition throughout the Town, their approval should not be seen as granting a special privilege. The circumstances of the proposed uses and the variances required to snake them happen are very unique and common only to very few 13 sites within the Town of Vail. To reduce the degree of relief asked for in this request, staff would recommend that the conditional use permit only be allowed for one year from the date of this approval, Staff has also considered that 4D°Jo of Tract A, I-70 property, and the 70V Right of Way will remain undisturbed and landscaped.. 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. The proposed variances will allow parking facilities on private property (i.e. the West Day Lot) to become available to the public, thereby reducing parking on the South Frontage 'Road and improving the function of the South Frontage Road during peak days. Additionally, the proposed variances include the clean-up of one of the Town's least attractive sites. The proposed parking area will have little, if any, on the remainder of the above criteria. The maintenance of the berm and maintaining the riparian area of Red Sandstone creek is critical in buffering the site from adjacent land uses. 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: 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. Thee 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. 14 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 variance from Title 14, Chapter 5, Parking Lot and Parking Structure design Standards for All Uses, to allow for a deviation from the minimum landscape area requirement and to construct an unpaved, gravel parking surface, and a request far a conditional use permit to allow the construction of a private parking lot at the Holy Cross Site, located at 923 and 862 South Frontage Road WestlTract A, Tract B, I-70 R.OW. Parcel 268, and Red Sandstone Rd Parce 1. 1. The applicant shall provide CDOT approvals to the Town of Vail for fhe use of I- 70 R.OW. and any required access permits prior to use of the site for the proposed employee parking- 2. The conditional use permit shall expire on October 27, 2004. 3. The applicant shall continue to have unobs#ructed fire department access to the lot through the berm opening on the south side of the site opposite the Eagle River and Water Sanitation District gas station. This access point shall be allowed pending CDOT approval of more than one entrance for the site. Appropriate signage and a "dummy gate" have been proposed by the applicant to clarify the purpose of the lot as a private, not public parking area. 4. The applicant shall maintain and opera#e the proposed parking lot at an appropriate level of cleanliness lay providing trash recepfacles on the site for use by Vail Resorts' employees. 5. The applicant shall maintain and operate the proposed parking lot at an appropriate level of safety by ensuring the removal of snow from the lot. Snow storage shall not occur within the berm opening that is to remain far the purpose of fire department access Snow storage may occur according to the following; a) within the areas designated on the site plan submitted with the application, or b) through an opening in the north side of the limits of disturbance fence required by the Town to protect existing vegetation. 6. Parking delineation within the site shall be through simple ropes and flags, communicating the appropriate spaces and efficiently maximizing the site. 1~ Should the Planning and Environmental Commission choose to approve with conditions the applicant's requests, staff recommends that the fallowing findings be made as part of the motion: 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 temporary parking facility is in accordance with the purposes of the Town of Vail zoning Regulations and the purposes of the Livnshead Mixed Use 2 zone district. 2. That the proposed location of the temporary parking area 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 yr improvements in the vicinity. 3. That the temporary parking facility will comply with each of the applicable provisions of the Tvwn of Vail Zoning Regulations Variance The planning and environmental commission shall make the following findings before granting a variance: That fhe granting of fhe parking lot surface and landscape variance will not constitute a grant of special privilege inconsistent with the limitations an other properties in the General Use zone district as the applicant is proposing compliance with the applicable elements of the Town's planning documents. 2. Thaf the granting of the parking lot surface and landscape variance will not be detrimental fo the public health, safely, or welfare, or maferially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for the following reason: The strict or literal interpretation and enforcement of the parking lot surface and landscape area regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Genera! Use zone district given the amount of hardscape area required on the development site to comply wifh the applicable planning documents of fhe Tawn of Vail. i6 V'~. ATTACHMENTS A. Vicinity Map & B. October 17, 2403, letter from the applicant & Reduced copy of proposed plans C. Public notice 1~ - ATTACHMENT $ i _ - ~ . 1. Introduction Sum.r~a.ry ofPxoposal Fail Resorts, urorkuig ii cooperation with the 't'own of Vail and the Parking Taskfarce, has developed several recommendations for both short-term and long-term solutions to reduce the amount of skier parking occuring can the South Frontage Road. ©ne of the short-term solutions recommended for this ski season is to relocate the employee parking that occurs on the West Day Lot to the I3oly Cross parcel across the street. In turn, Vail Resorts is making the West Day Lot available to the T'ourn of Vail far public parking. The West Day Lot has the ability to park 1C0 vehicles that may ordinarily be parked along the South Frontage Road, In order to facilitate the use of the West Day I~ot for public parking, Vail Resorts, is submitting a conditional use and variance applications to facilitate the clean-up of the Holy Cross parcel by removing vehicles "stored" on the sate and providing an efficient parking lot capable of parking 140 additional vehicles (2G9 total for site). The new gain in parking replaces the employee parking spaces previously located on the West Day Lot. • • The current xequest (a conditional use permit for parking and a variance. request for unpaved parking with no interior landscapitxg) will allow this unpaved parking area for the 2003-2004 ski season as phase 1 of a larger, more permanent project. N© changes are proposed to the Maintenance Center uses as part of this parking proposal. The existing vehicle storage and landscape equipment storage have been removed from the site. Phase 2 of the project will provide approximately 166 additional parking spaces (295 total) depending on final layout. The proposal will also pave the parking area and address any roadway improvements necessar}T for the site. Prior to May 20114 an application for a connplete redevelopment of the parking on this site will be submitted to the Town for review and appro°c=al. '1'lae current schedule is to have the permanent solution phase 2) completed by 1`~lovember 2004. The Town of Vail is a co-applicant on this project as a portion of the land being used for parking is an old remaining piece of the Red Sandstone right-of--way which used to connect I-Iightvay 6 to Potato Patch prior to the existence of Interstate 70. This right-of-tvay parcel has been used by Vail Resorts and Holy Cross 131ectric for parking and storage for the past 15 years or nnore. Key Elements of the Proposal Key elements of the plan include: + Improved safety and funcgon of the South Frontage Road + Improved parking capacity for skiers • Improved organization and function of existing employee parking facility • First step in a long-term redevelopment of property and replacement of employee parking in Lionshead 2. Description of the Project Backgxound Holy Cross Parcel ('T'ract A~ Vail Resorts obtained title to the Holy Cross parcel irz 1995. Prior to obtaining ownership of the parcel, Vail Resorts and Holy Cross l~lectric used the sate far storage of vehicles and equipment. In 1990 the .'own of Vail approved a conditional use permit and variances to allow the site to be utilized for parking and storage of Holy Cross l~lectric equipment, 'That approval allowed for 101 unpaved parking spaces to be created. This approval has since expired. In '2001, the Town of Vail approved a conditional use per3nit far the site to be used again for vehicle storage as ~x~ell as the storage of landscape equiprraent and rnatetials for Fitz and Gaylord Landscaping. This approval allowed use of the same area cif land as the 199fl • 2 approval but this approval limited the number of stared vehicles to 70 (these vehicles are no longer stored onsite). The approval allowed the parking surface to he unpaved. 'his approval has since expired. 1'~~laintenanc:e Center (Tract Bl In 1993 the Town of Vail approved a conditional use permit allowing an expansion of the Vail Resorts 1'Vfaintenance Center. That expansion allowed a building addition `which contained offices, meeting areas, locker rooms, and storage. Along with that approval the Town allowed 129 employee parkingjsnorvcat parking spaces. This conditional use permit is still valid for the operation there today. '1_'hese 129 spaces allowed by the 1993 approval are provided in the proposed plan for the site. Project CQmpaner~ts As stated above, the project iicludes a general clean-up of the Holy Cross parcel and maintenance center. IV1any of the overall project components da not require PEC approval as they are maintenance items and therefore some of this work is currently being performed on the site. The proposed plan re-organizes and provides additional parking spaces on the Holy Cross parcel site for 14d additional parking spaces X269 total). This pro~~ides parking fox 14Q of the 160 employee spaces found on the Vi/est Day Lot and therefore there will be a temporary shortage of 2D parking spaces. The Phase 2 project will accommodate approximately 166 employee spaces depending on fugal layout, and therefore replace all of the a'lest Day Lot parking. The proposed parking area will be accessed from within the Maintenance Center from the existing entrance on the South Frontage Road. The parking area will be further controlled with a gate to prevent trespass and to monitor the use of the lot. The parking lot is proposed to be unpaved and the applicant is seeking relief from the interior parking lot landscape requirement in order to maximize the number of parking spaces. Phase 2 of the project is to pave all o£ the parking, provide additional parking spaces, and make any necessary roadway improvements. Pedestrian access and circulation will occur internal to the site and crass the South Frontage Road at the intersection with Forest Road to the existing pedestrian path located on the south side of the South frontage Road. A painted crosswalk and signage will be provided at this location to alert the motorist to the presence of pedestrians. This will allow employees to have a safe and protected route to Lionshead. A portion of ~e proposed parkng lot is being developed within the Town's Red Sandstone right-of--way parcel which divides Tract A and B as well as on a parcel awned by CT~O'T. Tn order to fadlitate this project, the; Town is co-applicant and is allowing the use of this parcel. Vail Resorts will be working with CDOT to obtain their permission to use a portion of the parcel owned by CDOT. 3 " orit::z~'~'":•s~..: l.xl P,J~d1d 51N3W3A0?~dWl J.~Ib'dOdW~1 .,,,.~,cl 3..~ ~~ 311S ~~Nb'N~.1.NkbWISSQd~ ~a1QH >,.>,03.~~ ~~ ~.:... ,. ~~ ~ 1N~Wd413/1~a3d Obl'~HSN©11 B3 "".>w ~ ~NId7d s~~., ~>a u, ~~~ _ I ,~`'~~ cMyg ~ < - `. .. ~.ll ;;~~\~} ~-- _- •`"-~5 .'S~ r ~.._ , ~a ~ti1 ~~; ~ I I ~ _ I 1 '. 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L'~ ,~1"~.i~k ~~1~ ~j17 ++., J.q `~ ~'i,~~~tiR ~i~ y~ ws i~~` ~I s~y~' ~\` ~ ~+ as l ~ + o ~ K 7~ S 1~ i t ~ ''~ t { ;~. S +r. ~ y r t r ~~ i d~ ~,.~ , 4 ,+a 1 °.a :: ~ r 4 !~" f ~ ~ Y~~~ I '~ ~~ y`, V ,,9 E r\ ~~ .,\ ~` ~ ~ e~ A ~ i ~ ~4 r. i"r 't. mot. ~ ~ ~ • y ~ ~'~ s. ~ j yr 'ss H e i •~4 ~ ~ Y +- ~ r"""~ } f~a ~ A . v A YY ~ l ~r " x,~ :, x ri ,,e. r! ~ . ~„ ~ Y ~ ~ '~ <° +W, ~ y ~ ,~ .;.1;'1;, f fl .. S:." _`~ R, C'~~ G~+A C~ a.-+ i U 4 3. C~:t~diti©raal Use Criteria $efore acting an a conditional use permit application, the Planning and Environmental Con~rnission (I'F_.C) shall consider the factors with respect to the proposed use: a. Relationship and impact of the use on development objectives of the Town, OurAnalvsis: The Planning and L'nvimnmenta! Cornmis.ra`on has approved a conditional u.ce perrrzit orz this properly on two przar occasions (ire 9~~Q and 20Q9,J. In 1 X90 the I'EC approved a cnnditiona! use to allow this parcel to be used for the parking of 109 vehicles. That approval also allowed the parking area to be unpaved grad not contain interior landscaping. Irz 2011 9 a sirrzilur conditiarra! zrre permit ayes approved to all vehicle storage of arp to 7Q vehicles and other equipment with the same variances for unpaved surface arad nn interior landscaping. The proposed employee parkin; lot on this pmpery is part of an overall agreement with the Torvrr of Vail to temporarily reduL•e the amount of panting occuarEng pn the South ' Frontage Road. The pmposul includes allowing the Towra to operate a prrhlie parking area an the Il%'est Day Lot thus shifting the employee parking from that site to the Haly Cross site. This is an interim solutiorr~or this ski season. Amore permanent par;~ing plan for this site utill be applied for eur~~ nextyear and if approved completed by Novernlaer 20(1d. The purposed conditional use will allow the Town to educe parkirzg impacts to the South • Frontage Road, along-standing cammuniLygoal. Ther~for~, the proposal it allowing the Town to achieve its development objectives. b. 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. Our rza/vsis: The proposed conditional use perrrrit aril! allow parking facilities on private properly to becorzze available to the pulzlic and reduce parking nn the Swarth Frontage Road, tl3erefor~ irtaproving the fitnctian n f the S'nr~th Frontage .l~,nad dr~rzrzgPeale days, The proposed parking area will have little, if any, on tlae rerrrainder of `the abar.~e c~rzter~a. c. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, rnaneuverabilit~~, and removal of snow from the street and parking areas. OurAnalvsi.s: The proposed parking area z~ part n f an overall plan to reduce the amazrnt of par,~;ing occurrzrag on the South Frontage Road. This parkzrzg lot will lee used by employees who currently par, across the street on the l~'est Oa~ y+ I1at The I.Y/est Tray Lot will then Ire available to park the public that would Piave otherwise parked on the South Frontage G Road ti~ith this reduction in parking an the South Frrrrrntage Road, congesstian will be educed acrd safety, nzaneuverubility, convenience, tra~c flow, and snow removal urill all be i>rrpzrrved. Additionally, the prpposcd parking lot will allarv for a safe, convenient, and cat~~estion free urea for erzzplayces to park. 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, OurAnalvsis: The proposed parking lot quill Jiave na impact on the above criteria as t{>ere are no buildings assaG7ated with tJiis' proposal. 4, Variance Criteria 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 r'~nalvsis: TJ~e proposed variance ufill allow the 1•i'ail Resorts and the Town to phase-in parking irrz~ravenaents within the Town of Vail.. Allawirrg the parking to he ranpaved will allow the Torun to provide additional parking to the public and rednce congestion and safety concerns an the South Frontage Roadyet lJrisyear. A mare permanent solartiarz will be presented in the fallowing nzonth.r, If thr.'s variance is not approved, the 1 aaa~n of bail rz~ill be zrnable to achieve some of its short-terrzr parkinggoals As the GYlest Lay I~t will not be available for public parking. The use of `this property, irz this yraasi-indzrstrial aria of Vail, has historicull}! been for vehicle and equipment storage. b. The degree to which relief from the strict ox literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the v icinity, or to attain the objectives of this title without grant of special privilel;e. C]ur Analysis: Relief frar7a the strict and literal izztezpretatian of the regrzlatians reguirirzg parking to be paved and parking areas to captain landscaping is being requested as part a. f a tra~o,t~hased plaza to impraue the property. TJre relief is also sozeght to allow the Tawrr of Vuil la achieve its .shor7-terra Baal al'redrficirrg congestion and inrprarnng safety of the Sazrth Frontage Road. The granting of these vuriarrces rz~ill notgrarrt a .s,7~ecial privilege as these imbrnvemcnts are 7 heirzg~izrrsued irz order to ini~iroFJe the ~uhlic~iarking condition throughout the :Town. T'$e czrcumstanccs of the~bro~ased uses and the variances rewired to nzu~e them hup~'ien ,ire uery unique and common ony~ to vezy few sites within the Town of lluil. c. The effect of the requested variance an light and air, distribution of population, transportation and traffic facilities, public facilities and utilities,. and public safety. Our A Hall, sis: The,,tam~iased varzances willullow,~ar.~ing facilitie_r on~zzvate pm~er~r t~ become auuiluble to the~uhlic and reduce~rar~ng an the South Frontage JA.oad, therefore im~mv%ng the function of the South Frontage .load during peak dues. The~rn~osed~arking area will harze little, if ark, on the remainder of the ahoa~e criteria. • • -' A,TTACIiI~ENT C .~ • e~~~~-~ THIS ITEM MAY AFFECT YOUR PR©PERTY PUBLIC NQTICE NUTIGE IS HEREBY GIVEN thaf 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, (7ctober 27, 2003, a# 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a setback variance pursuant to Section 12-6D-6 Setbacks, Vail Town Code, to allow for a garage addition, located at 1956 West Gore Creek DrivelLot 45, Vail Village West 2"d Filing. Applicant: David Irwin Planner: Matt Gennett A request for a sign variance pursuant to Section 11-4B-20, Window Signs, and Section 11-4A- 1, Signs Permitted in Zone District, Vail Town Code, to allow for additional signage for Bogart's Bar and Bistro, located at 143 East Meadow Drive, Unit 165 (Crossroads}fLot P, Block 5D, Vail Village 1St Filing. Applicant: A. Luc Pols Planner: Matt Gennett A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses, Vail Town Code, to allow for a public utility and public services use., located at 501 North Frontage Road (Solar Vail Condominiums}f Lot 8, Block2, Vail Potato Patch 1St Filing. Applicant: Nextel, represented by Glen Klocke Planner: Warren Campbell A request for a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a public utilities installation, located at 545 Norkh Frontage Road (Red Sandstone Elementary Schaoi}IPar# of Lot 8, Block 2, Vaii Potato Patch 1$' Filing_ Applicant: AT&T Wireless Services, Inc. Planner: Warren Campbell A request far a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vai9 Town Code, to allow far the replotting of property boundary amendments, coca#ed at 2965 & 2975 Manns Ranch Road, Lots 5 & 6, Block 1, Vail Village 13~h Filing. Applicant: Clinton J. Kendrick, represented by Segerberg, Mayhew, and Associates Planner: Bill Gibson A request for conditional use permit, pursuant to Section 12-71-5, Vail Town Cade, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Cade, to allow far the construction of an unpaved private parking lot, located at 862 South Frontage Road WestlUnplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department}. Applicant: Vail Resorts Planner: Elisabeth Eckel 1 ~te ~.+' '~~ti Vail Resorts Hale Cruss/Pvlantenance Sate OctoUer 2003 TOWN OF VAIL FINANCE DEPARTMENT 75 S. FROM lI'AGI IioAD VAIL Co 81G57 C COLORADO DEPT OF TRANSPORTATION 4201 E ARKANSAS AVE DENVER CO 80222 C VAIL SPA CONDOMINIUIvI ASSOC 710 LIONSHEAD CIR VAIL CO 8TG57 L-O VAIL, HOLDING INC CIO DEI.OITTE & TOUCHE LLP 555 17TI-I ST STE 3600 DENVER CO 80202 GLEN LYON OFFICE I3UILD1h~G °1° ANDREW D. MORRIS 1000 S FRONTAGE w VAIL CO $1657 H & K MANAGEMfiNT LLC 953 S FRONTAGE RD W 230 VAIL CO 81657 G. LOVEN I_LC 934 S FRDNTAGE RD VAIL CO 81657 C vAIL CORD PO BOX 7 VAIL CO 81 G58 I;ACrLIr RNER WATER &. SANITATION DISTRICT 84G FOREST ROAD VAIL CO 81G57 BRAUN ASSOCIATES, INC. P© BOX 2G58 EDWARDS CO 81 G32 ~~~~., Planning and EnWiro~m~ntal C~rnrr~issian ~, ~' .~ ~A~CTIC?N FQRM~ 4 ~~ '` ~ Department of Community Development ~~~~ ~~- ~,`~ 75 South Frontage Road, Vail, Colorado 61.(57 tel:97t7.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us Project Name: HOLY CROSS EMPLOYEE PARKING RIEC Number: PEC030070 Project Description: Participants: Holy Cross Lot at 923 South Frontage Road; maintenance grading, removal of telephone poles and lines, installation of entrance gate, addition of trash receptacles, and minor ropes and flags to facilitate employee parking as a conditional use until OWNER VAIL CORP 10J07/2003 Phone: • PO BOX 7 VAIL CO 81658 License: APPLICANT VAIL CORP 1OJ07J2003 Phone: 479-4008 PO BOX 7 VAIL CO Jeff Babb Jeffb@vailresorts.com 816'58 License: Project Address: 862 S FRONTAGE RD WEST WAIL Legal Description: Lot: Bllock: Subdivision: lJnplatted Parcel Number: 210107200002 Comments: See canditions Location: Vail Resorts shop area BOARD/STAFF ACTIQN Motion By: Rollie Kjesbo Action: APPROVED Second By: Erickson Shirley Vote: 6-0-1 Date of Approval: 1DJ27/ZD03 • Conditions: Cond: 8 {PLAN): Na changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: CON00062D4 The applicant shall provide CDO7 approvals to TOV far the use of the I-70 row and any required access permits prior to the use of the site for proposed employee parking. Entry: 10/30J2003 By: EE Action: AP Cond: CONDD06205 The conditional use permit shall expire on October 27, 2004 Entry: 10/3DJ2003 By: E>; Action: AP Cond: CdNDDDfi2D6 The applicant shall continue to have unobstructed fire department access to the lot through the berm opening on the south side of the site opposite the Eagle River Water and Sanitation District gas station. This access point shall be allowed pending CDOT approval of more than one entrance for the site. 1=ntry: 10J30J2003 By: EE Action: AP Cond: CC3N0006207 The applicant shall maintain and aperate the proposed parking lot at an appropriate level of cleanliness by providing trash receptacles on the site far use by Vail Resorts' employees. Entry: 10J30/2003 By: EE Action: AP Cond: CON0006208 The applicant shall maintain and aperate the proposed parking lat at an appropriate level of safety by ensuring the removal of snow from the lat. Snow storage shall not occur within the berm opening that is to remain for the purpose of fire department access. Snow storage may occur within the areas designated an the site plan or through an opening in the north side of the limits of disturbance fence required by the Town to protect existing vegetation. Entry: 10J30J2003 By: EE Action: AP Cond: CON0005209 Parking delineation on the site shall be through simple ropes and flags Entry: 10J30/2003 By: EE Action: AP Cond: CQNOOOfi210 Vail Resorts shall provide the West Day Lot to the TOV far the 2003-04 ski season for public parking Entry: 10J30j2003 By: EE Action: AP Planner: Elisabeth Eckel PEC Fee Paid: $650.D0 ~J • ~~ MEMQRANEIUM TO: Planning and Environmental Commission FRAM: Community Development Department DATE: October 27, 201)3 SUBJECT: A request for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replotting of Lot 31 and Tracts C & D, Vail Village 2"d Filing; a request to rezone Lot 3i and Tracts C ~ D, Vail Village 2"d Filing from Outdoor Recreation {OR) and Lionshead Mixed Use 2 (LMU-2) zone districts to the General Use (GU) zone district; and a request for a conditional use permit pursuant to Section 12-9G-3, Conditional Uses, Vail Town Code, to allow for the operation of a water and sewage treatment plant and a public parking facility and structure, located at $46 West Forest RaadlLot 31 and Tracts C & D, Vail Village 2"d Filing. Applicant: Eagle River Water and Sanitation Distriot, represented by Braun Associates, Inc. Planner: Bill Gibson I. SUMMARY The applicant, Eagle River Water and Sanitation District, represented by Braun Associates, Inc., is requesting a minor subdivision pursuant to Chapter t3-4, Minor Subdivision, Vail Town Code, to allow for the replotting of Lot 31 and Tracts C & D, Vail Village 2"d Filing; a request to rezone Lot 31 and Tracts C & D, Vail Village 2"d Filing from Outdoor Recreation {{~R) and Lionshead Mixed Use 2 {LMU-2) zone districts to the General Use {GU) zone district; and a request for a conditional use permit pursuant to Section # 2-9C-3, Conditional Uses, Vail Town Code, to allow for the operation of a water and sewage treatment plant and a public parking facility and structure, located at 841a West Forest Road/Lot 31 and Tracts C & D, Vail Village 2"d Filing. The proposed final plat further describes the existing properties as Lot 31, Tract C, Tract D, Parcels 1, 2, & 3, and an Unplatted Parcel. The intent of these requests is to allow for the consolidation of Eagle River Water and Sanitation District {ERWSD) properties and to facilitate an expansion of the existing FRWSD water and sewage treatment plant. Based upon staff's review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approvethe requested minorsubdivision, approve the requested conditional use permit, and forward a recommendation of approval to the Town Council of the requested rezoning, subject to the findings and conditions noted in Section IX of this memorandum. • ,~ li. DESQRIPTIQN OF REC~UEST The applicant, ERWSD, represented by Braun Associates, Inc., is requesting a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replotting of Lot 31 and Tracts C & D, Vail Village ~"~ Filing; a request to rezone Lot 31 and Tracts C & D, Vail Village 2"d Filing from Outdoor Recreation (OR) and Lionshead Mixed Use 2 ~LMU-2) zone districts to the General Use (GU} zone district; and a request for a conditional use permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow far the operation of a water and sewage treatment plant and a public parking facility and structure, located at 846 West Forest Road. A vicinity map of the site has been attached for reference (Attachment A). Rezoning The existing ERWSD plant site is zoned General Use (GU}district. The additional ERWSD properties are currently zoned Lionshead Mixed Use-2 ~LMU-2} district (i.e. Tract C and Parcel 2} and Outdoor Recreation ~C?R) district ti.e. Unplatted Parcel and Parcel 3}. The proposed rezoning request will apply General Use ~GU) zoning to all. the ERWSD properties (i,e. proposed Lot t }. The General Use (GU) district allows for bath water and sewage treatment plants and for public parking facilities and structures as conditional uses. An existing zoning map has been attached for reference (Attachment B}. Minor Subdivision The proposed minor subdivision request will consolidate several ERWSD owned properties into a single lot. A Dopy of the proposed final plat has been attached far reference (Attachment D), As noted on the proposed final plat, Lot 31, Tract C, Tract D, Parcels t , 2, & 3, and an Unplatted Parcel will all be resubdivided into one property (i.e. Lot i, Vail Village 2"`~ Filing}. The proposed conditional use permit requests wiVl facilitate the expansion of the existing ERWSD plant. The existing plant will need to be expanded to accommodate the anticipated redevelopment and build-out of Vail, especiallythe anticipated redevelopment of Lionshead. The conditional use permit requests will also facilitate the construction of a parking structure. This parking structure will accommodate ERWSD employee parking needs and provide additional public parking. opportunities. The applicant is requesting that public parking be temporarily allowed on the site during the 2DD3-2DD4 ski season. once the ERWSD plant expansion has been constructed, the applicant is requesting that public parking be allowed on the site during weekends, special events, and other occasions when overflow parking is needed. Architectural plans have been attached for reference Attachment E). Additionally, an Environmental impact Report has been attached for reference (Attachment F). Conditional Use Permit The applicant's more detailed description of the request has been attached for reference (Attachment C). Please note that the Planning and Environmental Commission will not be reviewing a conditional use permit request far a Vail Resorts snowcat access road, as such a road does not require a conditional use permit. The proposed snowcat access road, bridge, retaining walls, revegetation plan, etc. will be reviewed by the Design Review Board. 2 ~~ ul. BACKCI~ouI~D The ERWSD plant was originally constructed in the early 197t}'s and expanded in the early 1980's. In the past year, ERWSD has acquired additional adjacent properties to facilitate a needed expansion of the existing plant. The proposed plant expansion will be necessary to accommodate the anticipated, upcoming build-out and redevelopment of Vail, especially the redevelopment of Lionshead. The need to expand the existing plant onto the old Town shops parcel was recommended in the Lionshead Redevelopment Master Plan in Sections 4.9.4.5 and 5.18. 1V. ROLES OF REVIEWING BODIES Amendment to the Official Zoning Man of the Town of Vail Planning and Environmental Commission: Action: The Planning and Environmental Commission is advisory to the Town Council for a rezoning. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Vail Tawn Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: Action: The Design Review Board. has NO review authority of a rezoning, but must review any accompanying Design Review application. Tawn Council: Action: The Town Council is responsible for final approval/approval with conditionsldenial of a zoning/rezoning. The Tawn Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vai! Comprehensive Plans, and impact on the general welfare of the community. 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 Design Review Board or Planning and Environmental Commission erred with approvals or denials and can upheld, uphold with modi#ications, 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 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. U 3 > , Minot' Subdivision Plannino and Environmental Cammissian: Action: The Planning and Environmental Cammissian is responsible far final approval, approval with conditions, or denial of a minor subdivision. Design Review Board: Action: The Design Review Board has NQ review authority of a minor subdivision, but must review any accompanying Design Review application. Town Council: 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 ar 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. 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 enema containing background an the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions,. ar denial. Stafif also facilitates the review process. Canditianal Use Permit Plannino and Environmental Cammissian: Action: The Planning and Environmental Cammissian is responsible far final appravallapproval with conditions/denial of a conditional use permit. Desion Review Board: Action: The Design Review Board has NQ review authority of a conditional use permit, but must review any accompanying Design Review application. Town Council: 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 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. Staff: The staff is responsible far ensuring that all submittal requirements are provided and plans can#orm 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 an the property and provides a staf# evaluation of the project with respect to the required criteria and findings, and a 4 recommendation on approval, approval with conditions, or denial. Staff also facilitates tFre review process. V. APPLICABLE PLANNING .DOCUMENTS Town of Vail Zoning Regulations Chapter 12-1: Title, Purpose and Applicability {in part) Section 12-1-2: PURPQSE 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: f. To provide far adequate light, air, sanitation, drainage, and public facilities. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 12-3: Administration and Enforcement (in part) Section t2-3-7• Amendments A. Prescription: The regulations prescribed in this title and the boundaries of the districts shown on the official zoning map may be amended, or repealed by the fawn council in accordance with the procedures prescribed in this chapter. Chapter 12-9: General Use {GU} District (in part) Section l2-9G- f : 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 J2- 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 harrnanize 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. 5 Chapter 12-1~: Conditional Use Permits (in part) i Secfion 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 ar special characteristics, conditional uses require review and evaluation so that they maybe located properly with respect to the purposes of this title and with respect to their effects an surrounding properties. The reviewpracess 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 maybe 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 far conditional use permits shall be denied. Town of Vail Land Use Plan The Town of Vail Land Use Plan designates this site a Community Office (CO). This land use designation is described by the Town of Vail Land Use Plan as follows: This area is designed to meet consumer demands from community residents. Primary uses would include supermarkets, dry cleaning establishments, hardware stores, services stations, financial institutions and medical offices. The design of these facilities would be oriented toward vehicular access and parking. The Town of Vail Land Use Plan includes the following goal statements that staff believes are applicable to this proposal: 6.7 Services should keep pace with increased growth. 6.2 The Town of Vail should pfay a tale in future development through balancing growth with services. f.3 Services should be adjusted to keep pace with the needs of peak periods. Lionshead Redevelopment Master Plan Chapter 4: Master Plan Recommendations -Overall Study Area (in part) 4.9.4.5 C?Id Town Shops The old Tawn shops, located just west of the Vail sanitation plant, were identified as a potential employee housing location during the master planning process. There are, however, other significant demands on this site, including potential expansion of the sanitation plant and the need for a new snowcat mountain access ratite from the Vail Associates service yard. In addition, the presence of the sanitation planton one side and the existing gas station on the other reduces the desirability of this location 6 • for employee or locals housing. Chapter 5: Detailed Recommendations (in part) 5.18 Old Town Shops The old town shops site has been targeted for a variety of uses throughout the master planning process, Including employee housing, expansion of the Vail sanitation plant, and Vail Associates mountain services. These uses may be appropriate for the site, but they are not compatible. input from the Eagle River Water ar~d Sanitation ,District suggests that the property will most likely be used for expansion of the sanitation plant and the VA service yard. !f the old town shops are removed the existing storage component will be replaced at the Town of Vail public works shop. • Consideration of an Amendment to the Of#icial Zoning Man of the Tawn of Vail 1. The extent to which the zone district amendment is consistent with all the appiicat~ie elements of the adapted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town. • VI. VII. SITE ANALYSIS Site size: Zoning: Land Use Pian designation Current Land Use: Hazards: Deveiooment Standard Setbacks: Building Height: Density: GRFA: Site Coverage: Landscape Area: Parking: 88,509 sq. ft. (2.0319 acres} General Use (GU), Outdoor Recreation (OR}, Lianshead Mixed Use-2 (LMU-2} Carnmunity Office (CO} ERWSD plant, undeveloped, and open space None Allowed Proq©sed per PEC 15 ft., 26 ft., 20 ft., and 50 ft. per PEC 12 feet per PEC N!A per PEG NIA per PEC 48,784 sq. ft. (55%) per PEC 13,765 sq. ft. (15.6%) per PEC 65 spaces SURROUNDING LAND USES AND ZONING Land Use North: VA maintenance shops South: Open space West: BP Amoco) service station East: West Day Lot ti.e. parking} Zoning Lionshead Mixed Use-2 (LMU-2) Outdoor Recreation (OR) Lianshead Mixed Use-2 (LMU-2} Lianshead Mixed Use-1 {LMU-1 } VIIL. CRITERIA AND FINDINGS Sta#f Response: Staff believes the proposed rezoning is consistent with the above 7 listed purpose of the zoning regulations and the General Use (GU}district. Staff also believes the proposed rezoning is consistent the with the above listed specific goal statements of the Town of Vail Land Use Plan. The applicant's proposal is specifically recommended in Sections 4.9.4.5 and 5,18 in the Lionshead Redevelopment Master Plan. 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 adapted planning documents. Staff Response: The ERWSD plant currently exists on the site and the proposed rezoning will facilitate an expansion of the plant deemed necessary to accommodate land uses throughout the entire Town of Vail. The rezoning will also facilitate an increase in the availability of public parking. I 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal ~ development objectives. ~' Staff Response: The proposed rezoning will facilitate the enhancement of the water and sewer system and public parking system within the Town of Vail, thus improving the relationship among land uses and the carrying capacity of the community as it relates to new growth and water quality. 4. The extent to which the zone district amendment provides far the growth of an orderly viable community and does not constitute spat zoning as the amendment serves the best interests of the community as a whole. Staff Response: The proposed minor subdivision will facilitate the enhancement of the water and sewer system within the Town of Vail, thus allowing for the orderly growth and viability of the community, A portion of the ERSWD site is currently zoned General Use (GU) district, thus rezoning all of ERSWD's properties to the same district is not considered a spot zoning. This development is also specifically recommended. in the Lionshead Master Plan. 5. The extent to which the zone district amendment results in adverse or beneficial impacts an the natural environment, including but not limited to water quality, air quality, noise, Vegetation, riparian corridors, hillsides and other desirable natural features. Staff Response: The proposed minor subdivision will facilitate the enhancement of the water and sewer system within the Town of Vail, thus positively affecting the above listed criteria. An Environmental Impact Report has been attached for reference. This expansion will help insure water quality is protected by facilitating the treatment of sewage. ~ 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. Staff Response: Staff believes that the proposed rezoning is consistent with the 8 above listed purpose statement ofi the General Use ~GU) district. 7. The extent to which the zone district amendment demonstrates haw conditions have changed since the zoning designation of the subject. property was adopted and is no longer appropriate. Staff Response: Since the ERSWD's last plant expansion, numerous redevelopment projects are now anticipated throughout the Town of Vail, including a large scale redevelopment of ~.ionshead. An expansion of the ERSWD plant is necessary to accommodate this redevelopment and the further build-out of Vail. Also, the avaiiability of public parking is inadequate to meet both current and future demands. The rezoning will facilitate an increase in public parking availability. 8. Such. other factors and criteria as the Commission andlor Council deem applicable to the proposed rezoning. The Planning _and Environmental Commission shall make the following findings before recommending aQaroval of an Amendment to the Official Zoning Meg of the Town of Vail: That the amendment is consistent with the adapted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Tawn; and ~. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Tawn and promotes the coordinated and harmonious development of the Tawn ire a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Consideration of Factors Regarding the Minor Subdivision A basic premise of subdivision regulations is that the minimum standards for the creation of new lots must be met. This subdivision will be reviewed under Title t 3, Subdivision Regulations, of the Town of Vail Code. The of review criteria to be considered with a minor subdivision reques# is outlined in the Subdivision Regulations, 13-3-4, and is as follows:. "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 Drdinance and ether pertinent regulations that the Planning and Environmental Commission deems applica6le....The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Tawn policies relafing 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. " The purpose section of Title t3, Subdivision Regulations, is intended to ensure that the subdivision is promoting the health, safety and welfare of the community. The subdivision purpose statements from 13-1-2 (C} are as follows: 1. To ir~farm each subdivider of the standards and criteria 6y which development proposals will be evaluated and to provide information as to the type and extent of improvements required. Staff Response: The provisions of Title 13, Vail Town Code, made the subdivider aware of the standards and criteria by which this proposal is to be evaluated. 2. To provide far the subdivision of property in the future without conflict with development on adjacent land Staff Response: The proposed minor subdivision will facilitate the enhancement of the water and sewer system and public parking system within the Town of Vail, thus positively affecting the above listed criteria. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and impravemerrts an the land. Staff Response. The proposed minor subdivision will facilitate the enhancement of the water and sewer system and public parking system within the Town of Vail, thus positively affecting the above listed criteria. 4. To ensure that subdivision of property is in compliance with the Town's coning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives. Staff Response: The proposed minor subdivision will facilitate an expansion to the existing water and sewage treatment plant and the Town's public parking facility and structure, both of which are permitted as a conditional use in the General Use (GU} district based upon the development standards prescribed by the Planning and environmental Commission. ~. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally tv provide that public facilities wil! have sufficient capacity to serve the proposed subdivision. Staff Response: The proposed minor subdivision will facilitate the enhancement of the water and sewer system and public parking system within the Town of Vail, thus positively affecting the above listed criteria. 6. Ta provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. Staff Response: The proposed minor subdivision plat will consolidate several ZO ERWS® properties into a single lot which can more efficiently described. This will help ensure a more harmonious relationship of land uses on this site. 7, To prevent the pollution of air, streams and ponds, to assure adequacy Qf drainage facilities, to safeguard the water table and io encourage the wise use and management of natural resources throughout fhe Town in order to preserve the integrity, stability, and beauty of the community and the value of the land, Staff Response: The proposed minor subdivision wilt facilitate the enhancement of the water and sewer system and public parking system within the Tawn of Vail, thus positively affecting the above listed criteria. The Planning and Environmental Commission shall make the following findings before granting ant~raval of the final plat for a minor subdivision: 7. That the application is in compliance with the intent and purposes of the Minor Subdivision Chapter, the Zoning tJrdinance 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 ether applicable documents, environmental integrity and compatibility with the surrounding. land uses and other applicable documents, and effects on the aesthetics of the Town. Consideration of Faetars Regarding a Conditional Llse Permit: The review criteria for a request of a conditional use permit are established by the Town Cade. The proposed water and sewage treatment plant and a public parking facility and structure will bath be located within the General Use (GU} district. Therefore, this proposal is subject to the issuance of conditional use permits in accordance with the provisions of Chapter 12-fi 6 (Conditional Uses}, Vaii Town Code. 1. Relationship and impact of` the use on the development objectives of the Town. Staff Response: Staff believes that a conditional use permit for the proposed water and sewage treatment plant use meets the above mentioned purposes of the zoning regulations and goal statements of the Town of Vail Land Use Plan by enhancing the water and sewer system. within the Town of Vail. As stated previously Sections 4.9.4,5 and 5.i 8 in the Lionshead Redevelopment Master Plan the old Town shops parcel was specifically identified far expansion of the water treatment plant. Staffi believes that a conditional use permit fior the proposed public parking facility and structure use meets the above mentioned purposes of the zoning regulations and goal statements of the Town of Vail Land Use Plan by enhancing the water and sewer system within the Town of Vail. 11 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that a conditional use hermit far the proposed water and sewer treatment use is critical to the utility capacities within the Town of Vail. Staff also believes that a conditional use permit for the proposed public parking facility and structure use is Critical to improve the Town's deficient parking capacities. 3. Effect upon traffic with particular reference to congestion, automatise and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and rema~al of snow from the street and parking areas. Staff believes that a conditional use permit for the proposed water and sewer treatment plant use will have no significant negative impact on the above mentioned items. Staff believes that a conditional use permit for the proposed public parking facility and structure use will have significant positive impact on the above mentioned items. 4. Effect upon the character of the area in which the proposed use is to be located, includiing the scale and bulk of the proposed use in relation to surrounding uses. The design Review Board will be review a related design review application for this proposal to ensure Conformance with the above listed items. Staff believes that this proposal will have no significant negative impacts in comparison to the existing site conditions on the above-referenced items. The Planning and Environmental Commission shall make the following findings before granting a conditional use aermit: 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 Outdoor Recreation zone district. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the Conditional use permit section of the zoning code. IX. STAFF REC{3MMENDATION Amendment to the Official Zoning Man of the Town of Vail The Community Development Department recommends the Planning and 12 Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed rezoning of Outdoor Recreation {QR) and Lionshead Mixed Use 2 (LMU-2) zone districts to the General Use (GU) zone district. Staffs 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 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; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; 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. ilAinar Subdivision The Community Development Department recommends the Planning and Environmental Commission approves with conditions the final plat far a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the replotting of Lot 31, Tract C, Tract D, an Unplatted Parcel, and Parcels t , 2, & 3, as described on the proposed final plat, as Lo# 1, Vail Village 2"~ Filing. 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 application is in compliance with the intent and purposes of the Minor Subdivision Chapter, the Zoning Qrdinance 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. Conditional Use Permit (sewer and water treatment plant) The Community Development Department recommends the Planning and Environmental Commission approves with conditions a conditional use permit far a water and sewage treatment plant, located at 846 West Forest RoadlLot 1, Vail Village 2"d Filing (proposed legal description). Staff's recommendation is based upon the review of the criteria in Section VI I I of this memorandum and the evidence and testimony presented, subject to the following findings: 13 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 C3utdaor Recreation Zone District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, ar 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. Conditional Use Permit (public parkins facility and structure] The Community Development Department recommends the Planning and Environmental Commission approves with conditions a conditional use permit for a public parking facility and structure, located at 846 West Forest Road/Lot 1, Vail Village 2"d Filing (proposed legal description}. Staff's recommendation is based upon the review of the criteria in Section VI{I of this memorandum and the evidence and testimony presented, subject to the fallowing findings: t . 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 outdoor Recreation Zone District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Conditions of Approval Should the Planning and Environmental Commission choose to forward a recommendation se development review applications, the Community Development Department recommends the following conditions: Approval of the final plat fior the minor subdivision shall be contingent upon the Vail Town Council's adoption, by ordinance, of the proposed amendments to the Qfficial Zoning Map of the Town of Vail. The final plat shall not be recorded prior to the Vail Town Council's adoption, by ordinance, of the proposed amendments to the Official Zoning Map of the Town of Vail. 2. Approval of the conditional use permits for both the water and sewage trea#ment plant and the public parking facility and structure shah{ be contingent upon the Vail Town Council's adoption, by ordinance, of the ~4 proposed amendments to the ©fficial Zoning Map of the Town of Vail. 3. Approval of the conditional use permits for both the water and sewage treatment plant and the public parking facility and structure shall be contingent upon the Design Review Board's approval of the related design review applications. 4. The applicant shall submit a public parking managementloperationsplon for review and approval by the Planning and l=nvironmental Commission, prior to the issuance of building permits. x. arracHr~Il~rvTs A. Vicinity map B. Existing zoning map C. Applicant's description of requests D. Proposed Final Plat E. Architectural plans F. Environmental Impact Report G. 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' 000000000606000ooOh GCV4pGOB /~ " 000000000060000x0 OOCC04 C47 ~V ~, '{~ ~ /001 .r\ 00000000000000000000 OO ty /~~ r ~"' O I 1 -.~ 0004040000bO000ob OOb L'~~~ ^~„"•• !M ~~/ i ,10001 j 00000000000000000000 till ~ f14 CI ~ 600000D 000000000000 4' 1 / ~; O GOOOOOOOPO~OP000 ~ ~~ ,~ o~ t~ `. l ' ~~~ l 11`1 1 ~O `~I }a ~1 /-;h ~ } r~~ Attachment: B ., .:-.. ~ ~~ ..:.. ,, ,j,r :::~ :: ~ - :::::. . ~ mini ~ .:. ..: ii"~ ar,~i . :: ~....: i'. ~. :, ~. ~~ r M: ~ ( 0~_ .. ~P. I i i s w'?; ... ~; : :: o :::~:: .::~::::..:: a 14 _ o ~I k~~-::.-::.: ~.~y6~ 'k•'~. r • Attachment: C ~a~1e River 'mater ~ ~an.itativn District Plant Epp ansivn A~plrca Irons fnr.• • ~ezotlrng Cor~dlttrnal Use .I'errr~.~t ~ 11fr`r~ar ~'~x,~dr~szon September 2(}~3 Owner and Cansu~tant Directory C~ ner Eagle Diver ''star & Sanitation District Vail., Colorado Plznners Braun Associates, Inc. Edwards, Colorado Engineer/Designer Brown and Caid~veIl Denver, Colorado Civil Engineer Alpine Engineering, Inc. E.duTards, Colorado • • I. Ia~troduction A. .Summary af1'raposal The Eagle River Water & Sanitation District ("District"} is proposing to expand the capacity of the existing waste v,Tater plant and construct a new drinking water treatment plant ("the Plant' located at the intersection of Forest R.aad and the South Frontage Raad ir'< Vail. The District recently acquired land from the Town of Vail {the Uld Town Shops) to facilitate this plant expansion. The need for the plant expansion is generated by future development and build-out of the To,vn of Vail and is largely required due to projected redevelopment in the Lionshead area as directed by the Li~nshead Redevelopment Master Plan. Eagle River UG'ater & Sanitation L7istret Braun Associates, Inc. 1 The District has been working cooperatively with Vail Resorts in order to relocate the existing snowcat mute from Forest Road. Part of this proposal is a request to allow snowcat access across District property to a bridge across Gore Creek. Vail Resorts, under separate application, is seeking approval for the new snowcat bridge across the Gore Creek and a new access route connecting to the Cascade Way {formerly Westin Hi Ho) trail on Vai11~1ountain. This improvement will reduce conflicts with the residents along sorest Road and provide a more direct route from Vail Resorts' maintenance facility located on the north side of the S. frontage Road. Proposed SnowCat Route ..- ~~ VR Mainienance~ ;' i -~~~ . Site I ;~ i • Additionally, the District is requesting approval of a conditional use permit to allow public parking on the District's propert~~. This permit would allow public parking temporarily on the Qld Town Snaps site and within the existing parking lot {approximately 80 ~- 100 spaces) after removal of the existing C71d Town Shops. This approval would allow this temporary parking for one ski season and wol,~.ld help the Town reduce parking pressure on South Frontage Road. In addition, the conditional use permit would aU.ow public parking in the District's parking lot upon expansion of that facility on weekends, during special events, or other times when overflow parking is needed by the community. This approval would allow parking far approximately 6~ cars. Eagle River Water & Sanitation District Braun Associates, Inc. 2 ~' } E To facilitate the es~-pansion and construction of the District's Plant, the snowcat access, and the public parking requests, the following applications axe submitted: • Rezoning request frorz, Lionshead ltitixed Use 2 to General Use {C>ld Town Shops parcel) • Rezoning request from Outdoor Recreation to General Use (existing and newly acquired parcels along the creek) • Conditional use for a water and wastewater treatment plant {expansion) • Conditional use for a snowcat access route and snowmaking pump house (below grade) • Conditional use for ternporary and permanent public parking • Minor subdivision plat to consolidate all District parcels • Design Review Application for the project ~~ .8. X`eyElerxxerxrs of the Proposal Key elements of the plan include: • Expansion of the treatment capacity of the wastewater plant to sen*ice the Vail area + Construction of a new drinking water treatment plant that will provide increased capacit}- and decrease reliance on upstxeam wells during low-flow periods • Enhancement of stream fCows in Gore Creek through the Town of Fail and downstream to Dowd's Junction • Remo.*al erf snowcats and snowraking pump house from a residential area (1 orest Road) • Redevelopment of a unsightly and dilapidated structure and site « Increasing the supply of available public pa*king when most needed by the community C Revrew Process The applicant is requesting that all of the proposed applications and permits be reviewed sizxiultaneously. Re~onrrtg; The process for rezoning xequires that the Planning and Environrriental Commission (PEC) review and forward a recommendation to the Town Council. The Town Council is the final review authority on the xezoning xequest. LI ra~;fe River V:~ater c4c Sanitation Districrt Braun Associates, Inc. 3 ~_.' l , I_.' Candiuonal Use Perrraits: '~ The General Use zone district allows public utility facilities, public parking, and ski mountain access facilities subject to the issuance of a Conditional Use Permit (CUP). The PEC has. final review authority on a CUP. In the General Use none district the PEC is also required to detemvne the development standards for the project, including building height, setbacks, parking, landscaping, and site coverage. Desr~~z Reva"ew.• The process for the design review approval requires the Design Revie~~ Boaxd to review and approve the proposed landscape and architecture of the project. The appropriate applications and materials have been submitted f©r this review=. Mirror Subdivision: The process for a minor resubdivision of the property, (consolidation of all parcels to one parcel) requires that the PEC re~cnew and approve the subditi-ision. • Ragle Rives \7P.?ater & Sar;itarion District ~JI'dLSCS ASSQC13CE5y ]nC. '4 II. Description of the Project i :. i A. Background The original wastewater treatment plant was developed in the early 197~'s. That facility occupies the site where the a£fiees and parking exist tadap on land zoned General Use (GU). In tl`ie early 198U's additional land was acquired frQZn the Tawn of Vail and the plant was redeveloped and expanded. The land acquired in the 198~'s is zoned Outdoor Recreation and is developed with the existing wastewater treatment facility. This year the District acquired three additional parcels from the Tawn of Vail to allow far 4 expansion to the plant. These parcels are currently occupied by the Old Tawn Shops, parking, ~--~ and driveways accessing the adjacent CD4T right-of--way. The parcels developed with the Old. Town Shops are currently zoned llianshead lWl:ixed Use 2 and the parcel to the south of the shops (developed as parking; is zoned Outdoor Recreation. See map below.. 0 Proposed Plant Expansion Zoned LMU2 and OR ~~ Eagle River water & Sanitation Distiizt Braun ~ssnciates, Inc. 1970's Plant Site Zr~ned GU 1980's Plant Expansion Zoned (}R 5 ~:~?_' V B. Existrn{; Wasterarater Treatment Facility The site is currently deveioped with a wastewater treatment facility and administration facilities for the District. The specific uses include administration, accounting, engineering, customer sen~ice, human resources, and ~,~astewater treatment. The current facility contains 36,523 sq. ft. of wastewater treatrent facilities and 14,000 sq. ft. of offices and meeting rooms. There are 39 parking spaces provided on-site to sere e the emplo,~ees and visitors to the site. The current number of employees working within this facilit3~ is 29 employees. C. Pr©pased I.?evelopment The proposed expansion includes an expanded wastewater treatment facility and new drin.king water treatment facility. The proposed uses. will occur as an expansion of the existing structures on-site and will occur on the newly acquixed parcels of land {OId Town Shops). The footprint of the new structure is 12,600 sq. ft. The proposed structure is built substantially beiaw grade and w~ appear. as a single-story with parking on top of the structure. Tl~e proposed use will include treatment facilities and office areas. The new plant area will be 12,600 sq. ft. of which 138 sq. ft. is office area. There will be a total increase in parking of 26 parking spaces for a total of 65 parking spaces on-site. "There is a negligible increase in the staffing levels as a result of the proposed expansion with the addition of 1 employee for. a total of 30 employees. The District is taking advantage of the surface area created in the top of the plant facility which has a capacity for 65 parking spaces. Eagle River ~l'ater & Sanitation DisLnct Bzaun tlssociates, Inc. • • _ ~ Existing Wastewater Treatment Plank ~ ~ Existing Old Town Shops :~ :_ , , ~--, ,,, 'E ~I _• ~, ~. ~+ The expanded wastewater treatment plant is designed to operate at 5.6 MGD (maximum daily flaw) and 7.[l MGD (peak hourly flow). The new drinking water plant is designed. to operate at 3.L1 ~^iGD. Refer to the Environmental Impact Report for mare detail on the operations of the facilities on.this site. In conjunction with this applicanon is a conditional use request to allow snawcats to traverse the District's property from the Vail Resort's maintenance yard to a proposed bridge across Gore Creek. The snowcat access bridge is being proposed by Vail Resort's under separate application and that bridge and access route to the Cascade Way trail are located entirely on To~~n of Vail property. The proposed access route will replace the route currently traveling up West Forest Road. r1 25' wide access easement to allow snowcats on District property ix*ill be established by a separate easement document. The proposal also includes a subsurface snowmaking puranp facility to replace that facility located at die tennis court site on 1'klest Forest Road for use by Vail Resorts. D. Rezo.azingRequesr In order to allow the proposed uses and consolidate doe existing parcels of land, a consistent zoning designation is required for the property. The current wastev-ater treatment facilities are developed on 4 contiguous but separate parcels of land. T`he prrrnary uses are located on a parcel zone General Use while a portion of the existing facility is located on a parcel zoned Outdoor Recreation. l,`tility facilities are a conditional use in the General Use zone district but are not listed either as a permitted ar conditional use in the Outdoor Recreation zone district. The newly acquired parcels to the west of the existing facility are zoned Lianshead Mixed Use 2 (LIvJU2) and Outdoor Recreation. Flease refer to the zoning map below. The LIv1U2 zone district u:ould allow the proposed plant expansion subject to a conditional use pertx~it, however, to create consistency the newly acquired parcels are proposed to be rezoned to General Use. } L,agle River 4~^'a[er & Sanitation I]istrict ~~ Tiraun Associates, lnc. E. .Z©flli~,~ ~I131ySIS Below is the Zoning Analysis for tine District's project. 1. Parcel Size Total Acreage (all parcels): 2.(1319 acres or $$,5a9.5G sc~. ft. 2. Setbacks Setbacks of uses and structures are indicated in the proposed development plan. The setbacks for the proposed building are 15' along the South Frontage Road, 2~'+ along the west property line adjacent to Amoco, and 20'+along the south. or rear property line. The proposed structures are beyond the 5fl' stream. setback. 3. Height `1'he proposed structure is located largeI~ below grade. The proposed building height in the worst-case is approximately 12' from finished grade. 4. Landscaping, Site Development, and Site Coverage The proposed landscaping and site coverage is as proposed on the site de~Telopment plan. Eagle River 'Water & Sanitation District Braun Associates, Inc. 6 I ~`I gg I i~ ~.~~ i I C7 5. Snow Stazage The parking lot is proposed to have 63 parking spaces. Since the required daily parking foz the site is substantially lowex than the number of spaces being provided, a paxtion of the existing parking lot will. be used to store snow. 6. Parking The proposed project will pra~~ide more than ample Barking for the number of employees °~x,orking an-site and the number of vistozs to the building. Parking is being increased by 26 parking spaces even though only one employee is being added. The Distract is taking advantage of the surface area created on top of the proposed plant which has a capacity of 65 parking spaces. The excess capacity v.=ill help offset the Town°s skier parking needs on weekends. ~.agie River V6~ater & Sanitation Disrricrt Braun Associates, Ir~c. 9 ~.~ III. Gvnd,itianal Use Permit Criteria Below is the criteria used by the staff and the Planning and Environmental Cotx~.tnission when reviewing a request far a Conditional Lase Pern~it. Each criterion has been addressed and we find that the proposal fully complies with each. All of the following conditional use permits being requested are included in this analysis: • Water and wasteuater treatment plant Snowcat access to Vail'_vlauntan Temporary and permanent public paxlsin.g A. T~lationship and zrrrpact of the use on develo,~7naent objectives of tlse town. Uur Analysis: • The proposed uses are being located in an infill area of the Town in an area that is "" characterized by utility, senesce, and light industrial uses. The praposed uses are '' identified in the Lionshead Redevelopment Master Plan as suitable uses far the area, The proposed snawcat access route was also identified by the l4Saster Plan as a positive change to divert snawcat traffic on Forest Road. The proposed wastewater anal water treatment plant expansion u-ill allow growth to occur within areas of the "Fou=n planned for det-elopment over the next 2{l or more years. I3. The ~et of the use on li~ht and air, distribution of population, trazzsportationfocilities, utilities, schaolr, panics and reer-eation facilities, and ntherpublic facilities needs. C)ur Analysis: The proposed project will haze little impact on light and air, population, transportation facilities, schools, parks, ox recreation .facilities. The proposal will expand the capacity of existing water and aJasteuratex treatment and will therefore improve the ability of the town to redevelop. The proposed snov~rcat access route will reduce conflicts with vehicles on ~~%est Forest Road and thus impro~re the flow of traffic in that area. The proposed facility is a low one-story building which u=il1 have little if any effect on light and air. The neu= drinking water treatment plant w-ill help to increase the flows in Gore Creek during loin-flow periods by puIling water from the confluence of Gore Creek and Eagle River instead of the wells heated under the Vail Golf Course. C: Effect upon trafj"ic with partacular reference to cnn~estion, automotive and pedestrian ,rafet~~ and cotzvenience, tra~c flow and control, access, maneuverability, and removal of snow from the street and panLin,~ areas, F_.agle River Water & Sanitation Distract Braun r'lssoaares, Inc. 10 !~ l~llr AnalySlS: f.. l The proposed plan will improve the traffic conditions and flow in the area. Snowcats will be rexz~oved from Forest Road thus reducing conflicts with residential traffic and pedestrians in that area. The proposed plant facility includes adequately sized parking E_J areas and drive aisles to accan~unodate the uses proposed on-site. including the occasional use for public parking on weekends. Adequate snow storage areas are '~ planned on site. D. F_ffect u~tiort the character of the area in which the p%posed use is to be located, iracludirr~ the stale and bul,~ of the,trroposed use in relation to surr~undina uses. Gut Analysis: The proposed uses are being located in an infill area of the Town in an axes that is charaetezi:aed by utilirq, service,. and light industrial uses. The proposed uses axe identified in the Lianshead Redevelopment Master Plan as suitable uses for the area. The proposed wastewater treatment plant expansion ~*ill allow groom.*th to occur withixi areas of floe Tawn planned far deyelapment o~-ez the next 2(} or more years. The 1 proposed scale of the structures is consistent u-ith those camzx~ercial and industrial uses found in the area. ;~ ~.1 _ ~ I;agl~ Ri~~er Water L~ Saaitakion Uistricrt Braun 1lssociates, Tnc. L~I 99 t_ _ 4_ T'V'. Re~onirig Criteria Below is the codified criteria used by the staff, the Planning and Environmental Commission, and the `T'ow=n Council when reviewing a request for a rezoning. The criteria have been addressed and we find that the proposal fully caxnplies with each criterion. a. The extent to ufhich the done district amendment is consistent With all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Ilan and is corrtpatible With the development objectives of the Town. Our Analysis: The proposed zone district is consistent with the historic use of the property and the adjacent propexty. The proposed zone district is consistent with the Vail Comprehensive Plan as this area is identified for public uses such as utilities. The Lionshead Redeveloptrtent Master Plan recognizes this area as a potential site for the ea-pansian of the w=astewater treatment plant and the relocated snow cat access route. The proposed expansion well improve the capacity of the treatment facility which will allow the Town to achieve its redevelopment goals in Lionshead and elsewhere in the Town. b. ~ he extent to which the done district amendment is suitable With the ehnsting acrd potential land uses an the site and existing and potential surroundz`n~ land arses as set out in the ~own'.r adapted planning documents. Our Analysis: The proposed zoning and land use designation is compatible and suitable width adjacent land uses. The amendment will allow an extension of the existing wastewater treatment facility, the construction of a new drinking water treatment plant, and will create a more direct route for snowcats accessing Vail Mountain. The Lionshead Redevelopment l~~laster Plan identifies this area for these type of uses. c. The extent to ual~ich the done district amendment presents a harmonivars, convenient, rvor~able relationship aman~ land uses consistent urith municipal development objectives. [)ur Analysis: As stated above, the proposed use of the property is consistent and compatille with the neighborhood and a°ill provide. for a haxmanious xelationship to the adjacent land uses. The character and scale of the proposed facilities will be controlled by tl~e TauJn though the conditional use process to ensure that potenrial development w-i11 be compatible with neighboring uses. _. ~a~lr. IZivez Water & Sanitation Dsstsict Braun ,~ssoraates, Inc. 12 ~, I . ~ d. The extent to avhich the bane district ame, ndment provides far the growth of an arder~ vialale community and does not constitute spot caning as the amendrrzent serves the best interests of the community as a whole. Clur 14nalvsis: The proposed rezoning is a logical extension of the existing land uses on the subject property and on neighboring properties, The. uses and developzx~ent limitations will be established through the conditional use process and will ensure the development of an orderly viable community. The proposed land uses are in the overaIl interest of the community given the need far utility facilities. e. The extent to zvhirh the done district amendment results in adverse or beneficial impacts on the natural enuironment, including but not limited to water quali~~, air auali~; noise, ucgetatian, riparian corridors, hillsides and other desirable natural features. C)ur Analysis: The proposed rezoning will. have little ii~~pact on the natural emTironn-tent of the site or the Tawn as a whale. The site itself does not contain any unique natural qualities other than being located adjacent to Gare Creek. The proposed site is currently developed ~{ with the old Town Shops, previously owned by the Town of Vail, which includes ~, paving and grading of the entire site. Measures rill be taken to improve the drainage and. vegetative dualities of the site. ;.~~ _ f. The extent to suhzc6 the bane district a,rnendrnent i.r consistent unth tie purposes of the prol~ased bane district ©ur Analysis: 'I"he proposed zone district is consistent with the purposes of the General L'se zone district. Additionally, the pxoposed land use for the property is a utility facility, snowcat access route, and public parking ~x~luch are permitted by the proposed zone district by conditional use permit. The proposed zone district will allow for adequate light, air, and open spaces and allow for development of public or quasi-public uses harmonious with the neighborhood and community as a whole. g. The extent to z~~hich the bane district amendment demonstrates haw conditions have changed since the honing designation of the subject prapert~~ was adapted and is na longer appropriate. our Analysis:. The needs. of the. communitc~ have grown over the last 30 years thus creating the need for utilities to beep pace with growth of the area. The proposed rezoning will allow the expansion of the adjacent aTastewater treatment facility and the construction of a new drinking water treatment facility. Tlae existing zoning designations are no longer appropriate given the current development of the paxcels. . ~ Lade Ricer Vt'ater ~ Sanitation District Brans Assaaates, Inc. G ]3 ~- .. L_.' h. Such other factors and eritez~ia as the Commission and/or Council deem apj,lfcable tQ the~tirQ~ased rezoning. Our Analysis: :None provided. V. SubdivASion Criteria The burden of proof shall rest with the applicant to show that the application is in compliance vs~ith the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideratian shall be given to the recommendations made by public agencies, utilitg companies and other agencies. consulted tinder subsection 13-3-3C' above. The Plaiuvng and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities pxopased, regulations, ordinances and resolutions and other applicable documents, cnvixanrriental integzity and compatibility° with the surrounding land uses and other applicable documents, effeets on the aesthetics o£ the Town. Analysis: The proposed subdivi.rzan complies with Title 73 acrd Title 12 of the Tazvn code. The proposed uses are consistent with the ~nnirg proposed fur the .rite as well and zz<ith the existing utilit~~ serveees and lz~ht industrial uses in the neighborhood The proposal zzrl! not have adverse impacts on the environment as evidenced in the Environmezztal Impact Keport submitted witJ~ the aj~~~lz`cations~for this sire. The proposed parcel .ride is ca>TSistent and conspatible with the development patterns in the az~a aszd with the General L'se done district. Development unthin the pzvposed parcel will be subject to the Town's designguidelines and standards and thz~r will prnnzate the aesthetics desired by tJre Town. H.~r to the subdivision plat and site development drawr.`ngs in support of the subdivision application. Eagle I~.it~cr Water & Sanitar~on 17istract Braun Associates, .Inc. 74 j ~_~ . r'~ V~, Land Case Plan/aster Plan Goals _. Below is a list of goals from the Fail Land Use Plan and Lionshead redevelopment Master flan that are applicable to the District's proaect. The proposed development plan, conditional use. permits, and ~~ rezoning requests are consistent vzth these goals as the proposal is responding to the needs of the ~ community and is being developed in an area where development is currently located and anticipated by the Vail Land lise Plan. ~.. I ~. General Grow7th/Developxztent 1.1 Fail should continue to gnaw iza a controlled environment, maintainuig 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 whenevex passible. 1.12 Fail should accommodate mast of the additional growth in existing developed areas (irtfill areas). Ir: i~J~ G. Community SenTices G.1 Services should keep pace with increased growth. G.2 The To«Fn of Vail should play a role i,n future. develop~onent through balancing growth with sen°ices~ Lianshead Redevelopment Master Plan 5.18 Old Town Shops "The old town shops site has been targeted for a variety of uses throughout the master planning process, including employee housing, expansion of the Vail sanitation plant, and Vail Associates mountain services. These uses may be apprapraate for the site, but they are not compatible. Input from the Eagle Raver Water and Sanitation District suggests that the property ~a~ill most likely be used for expansion of tlhe sanitation plant and the VA service yard." L4 _ ~ ~ag~e Ri~•er L~ titer & Sanitation Distnet Bza~n Associates, Inc. i~ 15 r~ 5.17 L~'~est Day Lot/ Vail Associates Service Yard/ Holy Cross Site (Excerpt) ".. ~. a snow cat access route to the mountain could be developed thrraugh the old town shops site and across the ricer to the Cascade Ho ski trail." i Eagle River Water & Saritatiou District Bzaun Associates, lnc. 16 Attachment: D • • • C9 C7 ~a ~ N ~, N ~~ ~~~~ ~~~ ~~~~ a ~J~ [] c ~ ~u ~ c~i' °' o ~lx~~~ ~ci~5~~+ 7 ~ ~? ~ `~ ~d ~ ~~°~°mi ~ {{yy~~ U D U a ~~~~ ~~~~ ~ Q ~ ~ W ~ 3~~ ~' U~~~ U ~~j ~ 1- ~ ~~m . ~n~h 4~Q~ ~~~~ r f-~~ H ~c? o ~~~ Qg q+~~-I Z 00 N ~~ i a a ~I ¢ ii (F E t I ~ Ir j ~ ~ t ~,I ~3 It '~ ~ + ~ 9 ~ ' li rSl a ~'` ' ~ I~ ~ ~ i.`°e ~~; ~j~ F~~ ~F, r ~~ ~~ ~ i~ ; ~i~ a ~ ' ~a ~~ g€ ;~ ~4 ~r ~~ :' ~~~ k i f ~ ~ ~ ~- ' ' 1 I t ~ ~ III i ~: ii i! !~ f3 ~E E~:~ "b~ F 6 k 's ~~ r~~E7 ~[~~ ~ ~~ Y S ~6 ~tl t ~x~ aY~a ~€~ 6 ~ :aY ~aC§ 'vr ~ ~ ` E~ p -i i ~~ EkR, ids s ~P i g` i r~~ rq~o ~~>; ! ~& y~ SY~ 9 'gat CYd= K ~e i Cr i ~-Y S~J~ ~ii 2 ~' ~ ~~ G ~~~ ~i~$ ~~~ ~~ ~~ ~ Q~ r a & rYn ~~?g ~~x 2k ~[~ ~ s ~~y ``rat yY~ ~+ ay 6 ~ x~9 o ag~ G~~i ~€~~ ~ k~a ~ ~@ t ~ y t n ~ . ~ M $~~ ~rrF ~~~R 9~~j4 5-~`~a Y~4sF 9xs~' pyg~~~ 'J~~Y2 ~, 4 e ~o z ~~ ~ ee? ~~ z tttl ~ tl d$ ~p! ~i."z t~s~~I ~ n iii777 g~ ~3 tf 3ia,-i~~~a+~}y i i' r o; {ai:~aa ar8ri ~ c I ~: a ]ei r` a ?'~ i a {t~}~ ~~4r~~;~3iT3 ~ ~tl IS z= ~ ~ g~F i ~'"~1~'i'~t a n e ~ Sa ~ ( i ~_ Fi .6 k GC ~ >~ ~ ~ Y M S7 U 2 t C ~a ~ N a^ ~_~ ~~~ ~ ~mg ~~~ ©~~~ F ~~w~ M ~~~~ z ~~5~~ Q ~rtNiiU ~. ~~~x ~ ~~~~ a~~~{ ~~~~~~ ~¢ ~~W ~ ~~~ ~~~a~ tiM~ ~~~~~ i.'! ®~ r' IsJ ~ ~ il~U Z !~ HK o ~~z ~ ~~; ~~~3 mN ~~ ~~`~j ` LL $ ~ f 3 ~. s ? ~ C ~~~r~'~r~~~r ~F~~~~@~~k~= i o o a ~{ ~ a a ~t ~ c~ a~ ~ ~~ _~ o ~, . . ~~~~ ~~~~ v YaY yw sia 4wiamq • ~• ~~c~ ~, c~ d F N ~ O '~ 3 G ~ N @ Z~ ~" . 9 z sl'- s~ ~: ~'_ u u ~ ~ . _. ~i C B 4 .9 `a " V `I ~~ ~ ~ ~_ cc ¢ 2 J ~~ 34~4 ~p epj' U YL Ctl7. 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I~i~l F C c ~ Y } r } E ~-~ f ~~~<I.~. ~ ~ r o ~~~ ~~~ F- ~ azz 0. ~ P..o al 0 <! m ~ 0 ~% 2 C 2 Iv $ A • K n~i z ~ ~ U ~ ~ ~ W C LJ r ~ W ~a 5 ~ s x I AttacFtment: F ' Vail Waste Water Treatment Plant Upgrade and Drinking Water Facility Expansion Enviranmenta! Impact Report September 9, 2003 Prepared for Eagle River Water and Sanitation District 846 forest Road Vail, Colorado 81657 Prepared by Hydrosphere Resource Consultants 1 Q02 Walnut Street, Suite 20D Boulder, Colorado 8f}3~2 Y • TABLE OF CONTENTS 1 I1~TTRODUCTION ......................................................................................................1 x GENERAL STATEMENT (12-12-5 Bj ...................................................................X 2.1 Project C7wner'Spansar (12-12-5 Bj ............................................................... .........I 2,2 Proposed Project Description and Purpose (12-12-5 B) .................•----......,.... .........1 2.3 Funding Source and Time Schedule (12-12-5 Bj ........................................... .........2 2.4 Project Boundaries (12-i2-5 B lj ................................................................... .........3 2.5 Present anal Proposed Site Uses (12-12-5 B 2) ........................................................3 ~ 2.5.1 Physical Facilities ................................................................................... .........3 ~._ 2.5.2 Wastewater Facilities ...................•--•--•-•---~-•---.................................,...,............5 ~ ~~ 2,5.3 Water Treatment Plant .....................................................................................6 Z.f Present and Proposed Zoning of the Site (12-12-5 B 3) ..........................................9 2.7 Quantitative lnformation (12-12-5 B 4 ...................................................................9 2.8 Applicable Regulations and Permitting (12-12-5 B 5) ............................................9 ~ 2.9 Copies of Maps, DevelapmentPlans and ©therpocuments (12-12-5 B 6j.... ....,.1Q 2.14 Proximity to Water Bodies (12-12-5 B 7j ........................................................ ......11 2.11 Sail Types (12-12-5 B $) ................................................................................. .....11 3 ENVIRONMENTAL INVENTORY AND IMPACT TYPE A_ND .ANALYSIS (12-12-5 C, D AND E) ......................................................................................... ......13 . ~ 3.1 Hydrologic Conditions (12-12-4 A 1) ............................................................. ......13 3.1.1 Surface Water ........................................................................................... ......13 3.1.2 Graundwater ............................................................................................ ......15 ~. 3.1.3 Water uali ..................................................................... Q ~' ...................... ......16 ~. 3.2 Atmospheric Conditions (12-12-4 A 2) .......................................................... ......17 3.3 Geologic Conditions (12-12-4 A 3j ................................................................. ......18 3.4 Biotic Conditions (12-12-4 A 4j ...................................................................... ......19 3.4.1 Vegetatian ................................................................................................ ......19 J 3.4.2 Threatened, Endangered, Proposed, and Candidate Species ................... ......20 3.4.3 Stream Ecosystem and Riparian Habitat .................................................. ......21 3.5 Other Environmental Conditions (12-12-4 A 5) ......................... ..,. ......22 . 3.5.1 Petroleum Contamination ........................................................................ ......22 3.6 Visual Conditions (12-12-4 A 6) ..................................................................... ......23 ~ o 3.7 Land Use Conditions (12-12-4 A 7j .............................~..._..__....._.....---....._..... ..23 .._. ., 3.8 Circulation and Transportation Conditions (12-12-4 A 8) .............................. ......23 3.9 Pogulations Characteristics (12-12-4 A 9) .....................................................•- .----.24 . ~ 4 SUMMARY (12-12-4 Bj ...........................................................................................z4 4.1 Unavoidable Adverse Effects .......................................................................... ......24 Vail Water and ViTastewater Facilities Environmental Impact Report Fage ii 4.2 Proposed Mitigation Measures ..............................................................................24 4.3 Possible Alternatives ..............................................................................................25 4.4 Short anal Lang Terre Uses of the Environment ....................................................2b 4.5 Irreversible Environmental Changes ..........................................................•-..........26 4.6 Growth Inducing Impacts ......................................................................................26 5 REFERENCES .........................................................................................................26 TABLES Table L• Vail WWTP Effluent Results .............................................................................. 5 Table 2: Soil. Layer Information ...................................................................................... 12 Table 3: Dowd Junction Pump Station Sampling Results ............................................... 16 Table 4: National Ambient Air Quality Standards .......................................................... 17 Table 5: Threatened, Endangered, Proposed and. Candidate Species in Eagle ACounty... 2d Table 6: Alternative Treatment and Disinfection Processes for the Vail DWF .............. 25 FIGURES ~' Figure 1: Water Supply and Wastewater Treatment System Schematic ........................... 2 Figure 2: Old Town Shops building .................................................................................. 4 Figure 3: Gore Creek ....................................................................................................... 11 Figure 4: Old Town Shops Property ................................................................................ 14 APPENDICES Site Pian Demarcating Existing Facility Footprint and the Froposed Expansion .............................................•..............................,................................... APPENDIX A Actifloctm Proposed Drinking Water Treatment System Brochure......, APPEI`rTDIX B Colorado Water Quality Control Division Metter Approving the Co-location of Vail WWTP and DWF ................................................................................APPENDIX C Possible Structural and Non-Structural Erosion and Sediment Control Practices ............................................................................................................... APPENDICX D r C 1 Introduction The Eagle River `Water and Sanitation District {the "District") proposes to expand the Vail wastewater treatment plant and develop of a new raw water treatment plant. These facilities would be located on a parcel of land adjacent to the existing wastewater treatment plant at the intersection of Forest Road and South Frontage Raad. The District intends to implement the project in two phases. Phase 1 includes the expansion of the District's physical facilities. New construction would provide the space needed to expand the wastewater treatment plant and install a new drinking water treatment facility (DWF). Installation of DWF equipment and commencement of operations would actor in Phase 2. This Environmental Impact Report follows the report content requirements of 1 Chapter 12 of the Tawn of Vail Cade. Town of Vail sections and sub-sections are J referenced in parenthesis in report headings, with minor organizational m;odificatians specific to this project when necessary. i. 2 General Statement (12-12-5 B) 2.1 Project Owner/Sponsor X12-12-5 B) The Eagle River Water and Sanitation District proposes upgrading their existing Vail wastewater treatment facilities. The project also includes the addition of a drinking water treatment facility and new raw water source. The District provides water and wastewater utilities to approximately 54,400 acres in Eagle County. The towns of Vail, Minturn, and Amon, and the mixed-use developments served by Arrowhead, Beaver Creek, Berry Creek, Eagle-Vail, Edwards, Traer Creek, Holland Creek, Bachelor Gulch (Smith Creek), and Squaw Creek (Cordillera) Metropolitan Districts are included within District boundaries. The District currently manages systems that serve 22,SZ2 water and 2,973 wastewater single-family equivalent units (SFEs). While the District's permanent population is estimated to be approximately 20,000, its population during peak season exceeds 40,500 residents due to the influx of temporary residents for recreation and tourism purposes during the winter and summer seasons. 2.2 Proposed Project Description and purpose (12-12-~ B) The proposed plant expansion and upgrade would enable the District to serve future development and to provide redundant water supply and treatment facilities and optimize :em operations in the Vail Valley. The proposed project includes: Vail eater and Wastewater Facilities Environmental Impact Report Page 2 1, Expansion of the current Vail facility onto an adjacent parcel immediately to the west, which is awned by the District. 2. Upgrade of the current wastewater treatment plant (WWTP) to provide additional secondary clarifier capacity. This would supplement the function of the two existing circular secondary clarifiers and provide greater operational flexibility) for the activated sludge process. 3. The construction of a new drinking water treatment facility. The source of raw water would be an existing diversion at the confluence of Gore Creek and the Eagle River. The new water source would be connected to the water treatment plant by an existing pumping facility and pipeline currently used for snowmaking at the Vail Mountain ski area. A schematic of the water supply and wastewater treatment system is presented in Figure 1. East and Wss! Ysil Wells (Existingy Teeat®d Water Water )ram Dowd Junction *I To Water Distribution Eagie River Intake and Pump Raw Water Yai6 DW Treatment Patabta Water Yail DWP High System snCd~G kn ~ Stalion ' process ~ Service Pumping r (New In the system} (Proposed) (&tisbng) (Source} Process Wasla Water Ya[t Sower Discharge to Collection System Vall WWTP Faellllles Gora Creek ~ (To ba eapandedJ ` Figure 1; Water Supply and Wastewater Treatment System Schematic 2.3 Funding Source and Time Schedule ('12-12-5 B) Engineering and preliminary work for the proposed project is funded through the District fund balance at this time. Unee the design plan, which is currently in a preliminary phase, has been finalized and project costs determined, bonds would be issued. Constructian is targeted to begin in the spzing of 2044 with a construction period of an estimated 210 days. Prior to construction an existing structure, the Dld Town Shops building, will be removed from the proposed project site. Demolition of this building is scheduled for completion in the fall of 2403. • • Vail Water and Wasteurater Facilities Environmental Impact Report Page 3 2.4 Project Boundaries {12-12-5 B 1) The cuzxent Vail WWTP is athree-story, 50,504 square foot facility located in Eagle County within the corporate limits of the Town of Vail, Colorado, at 846 Forest Road. The proposed project includes the expansion of the District's Vail facilities on their current lot and an adjacent parcel. imixiediately to the west. South Frontage Road runs parallel to I-74 and defines the northern boundary of the existing and proposed facilities, "The site is bordered by Forest Road to the east and Gore Creek to the south. To the west of the proposed site there is a gas station and an auto repair garage.. 2.5 Present and Proposed Site Uses {12-12-5 B 2) 2.5.1 Physical Facilities Current Facility ~ The District's current facility houses administrative offices as well as the Vail WWTP, and accommodates 29 employees. Current vehicle access to the site is from Forest Raad (parking far District employees and the general public and access to the District's administrative offices}. The site and a general maintenance area for operations personnel may also be accessed via South Frontage Raad. Vehicle parking is located to the east and west of the existing building. The larger, western parking area is built at ground level above the current WWTP. Three fleet vehicles are stored at night and approximately 25 vehicles are parked during the workday. ~ Proposed Facility Expansion The existing facility footprint and the proposed expansion are demarcated in the -_! site plan (Appendix A}. The District awns the project site. The Old Town Shops J property, which is approximately 0.51 acres, was purchased by the Listrict in 2dU2. The proposed site presently houses a single 3,934 square foot abandoned structure, the Old Town Shops (Fig. 2}, which is scheduled to be demolished by the fall of 2403. lore-demolition asbestos removal from the building was completed on April 14, 20431. Air monitoring by Boulder Environmental Management found the site to be negative for asbestos content. Lead sampling performed by Boulder Environmental Management on February 14, 2003 found that no building components were toxic for lead. Testing results are on file with the Town of Vail. ., ~.~ .-~ :~ , 1 Asbestos removal a~as done by American .Abatement Tnc. of Denver, Colorado. Vail Water and Wastewater Facilities Environmental lrnpact Report Fage 4 • Figure 2: Old Town Shops luilding (slated for demolition, facing northwest) The site has an estimated 145 feet of frontage along South Frontage. Road and is bordered to the south by approximately 180 feet along Gore Creels. The property drops about 12 feet from the Frontage Road and the bank adjacent to the creek is also very steep. The rear of the lot is generally flat (Doty and Associates, 2002). New building construction would extend to the west of District's existing facilities, adding approximately 12,900 square feet to their current 50,500 square feet. The addition and improvement of asphalted areas would also occur along the western and southern boundaries of the property. A parking lot for approximately 60 vehicles, located on the roof of the expanded facility, would be accessed by both South Frontage Road and Forest Road. The proposed building expansion would include space for a ne+~r water treatment facility and the addition of two additional secondary clarifiers for the WWTF. Descriptions of the proposed water treatment and wastewater treatment processes are provided in the following sections of this report.. Vail Resorts has proposed a bridge across Gore Creek to the southwest of the Districts' facilities with access along the western. boundary of the site. This bridge is not apart of this proposal but is included in the site plan (Appendix A) to insure that the District's and Vail Resorts' proposals are compatible. The preliminary site plan for the bridge, prepared by Alpine Engineering, would allow Vail Resorts to bypass residential areas along Forest Road when accessing the ski area from their shop yard on the north side of the South Frontage Road. The new route would take snow eats and other ski area maintenance traffic across Frontage Road, past the District's facilities and across Gore Creek to the ski area. Currently snow cats must drive down Forest Road and through a residential area to access the resort. ' Vail Water and Wastewater Facilities Environmental Impact. Report Page 5 • 2.5.2 Wastewater Facilities Current Wastewater Treatment Processes The District operates three wastewater plants in the towns of Vail, Avon and Edwards. Wastewater collection within the District is done through a system of collection lines that function primarily by gravity flow with several lift stations. The District's Vail wastewater treatment plant, located in the lower level of their Vail facility, was constructed in 19b9 and most recently expanded in 19$2. A 2002 facility upgrade increased the facility's Biological Oxygen Demand (BCD} loading capacity. The Vail V~TWTP uses an activated sludge treatment process that consists of influent screening followed by aeration basins that can be operated in series or para11e1. Flow from the aeration basins is then conveyed into secondary clarifiers, which in turn discharge into nitrification basins. These basins discharge to ultra violet disinfection facilities before discharging into Gore Creek. Solids resulting from. the wastewater treatment process are pumped to the Avan plant for treatment where residual sludge is digested and a Class "A" biosolids produced. The current Vail WWTP hydraulic design capacity is: 2.7 million gallons per day {MGD) maximum 30-day average daily flow ~ 4.2 MGD maximum daily flow i ~ ~ 5.4 ?vIGD peak hourly flow. Table 1 shows recent 12-month effluent characteristics for the Vail WWTP. Plant effluent was well within permit limits for all parameters. The Vail WWTP is currently operating effectively and has been consistently meeting all applicable water quality standards.. BOL75 (~Q~.) T55 (rngll.) Feca] Col iforms Ammonia (mgt-) I Ammonia Permit Limit tm,~/LI M Flow (MGB) Table '1: Vail W'V11`T'R effluent Results (Source: Eagle River Water and Sanitation District) Permi# 2002 Limits 30 day May Juu Jul Aug Sep Oct Nov Dec ~ Jan 30 3 4 9 9 5 4 S 12 ]3 30 6 7 8 10 5 S 4 13 20 560 2 2 8 9 3 2 2 10 7 See X0.1 1 0.1 0.0 0.1 0.{1 <0.1 0.1 0.9 0.3 below lVA 2.7 2.4 1.58 3.5 2.5 2.1 1.69 11.64 1.40 1.5 1.9 2.3 2.4 2.4 1.18 t.01 11.09 1,53 ~ 1.53 2003 Feb Mar ~ Apr 10 Y 9 9 l4 13 ]1 7 14 8 0.2 0.1 0.1 2.2 2,1 2.0 1.54 ~ 1.68 1..57 i 0 Vail Water and Wastewater Facilities Environmental Impact Report Page 6 Proposed Expansion and lJpgrade of Wastewater Treatment. Fac€lities The proposed project is designed to increase wastewater treatment capacity at the current plant in response to planned development in Lianshead and Vail Village, as well as anticipated stricter State effluent limits for nitrate and phosphorus. The project includes additional secondary clani~ers, which would increase plant capacity without changing the processes used at the plant or the quality of the effluent. The point of discharge to Gore Creek is adjacent to the WWTP near the confluence of Red Sandstone Creek and would not be changed under the proposed project. The District believes it would be able to handle the additional loading that will result froze redevelopment within the Town of Vail with minimal modifleatians that include the addition of two secondary clarifiers, The project objectives for the new secondary clarifier project include: + Provide additional secondary clarifier capacity to permit future operation of the Vail activated sludge system as a single sludge system for biological nutrient rezxzaval. y + Improve the operational flexibility associated with the activated sludge system by providing a wide range of operational configurations and loadings with regard to the secondary clarification and return sludge pumping. The new secondary clarifiers would be located in the building expansion to the west and south of the existing clarifiers. The projected hydraulic design capacity for the proposed project is: 3.5 MGD maximum 3fl-day average daily flaw 5.6 MGD maximum daily flow ?.0 MGD peak hourly flow. Once the clarifiers have been constructed, piping, return sludge pumps, scum collection and pumping equipment, and sludge removal equipment would be installed. Operational improvements to the WWTP would also include improved automation and better aeration blower control. 2.x.3 'Water Treatmen# Plant Current Drinking Water Treatrraent System The District provides water service from East Vail to Dowd Junction through eight wells located in the Gore Creek alluvial aquifer, one surface treatrent 1.0 IvIGD plant located in East Vail and 57 miles of transmission lines. Four groundwater wells, approximately IDl} feet deep, are located in the area around the Vail golf course and can. produce approximately ?.3 MGD. Three groundwater wells, approximately 6D feet deep, are located in the Matterhorn area of West Vail and can produce approximately l.Q MGD. Well water is high quality and requires only the addition of chlorine at the well s Vail Water and Wastewater Facilities Environmental Impact Report Page 7 head to meet drinking water standards. A water system interconnection at Dowd Junction is shared with the [Jpper Eagle Regional Water Authority and serves an alternative backup source capable of providing 1.2 MGD. Construction of Water Treatment Plant and Addition of Raw Water Source The District proposes constructing a new 3.0 MGD drinking water treatment .- , facility in conjunction with the District's facility expansion. The purpose of the DWF is to provide increased capacity and to decrease reliance on upstream wells during low flow periods, thereby enhancing stream flows in Gore Greek through the Town of Vail and . downstreaira to the mouth of Gore Creek. Redundancy allows optimization of source utilization and water quality. The system schematic shown in Figure 1 illustrates the manner in which the new facilities would be integrated into the system. Raw water from the confluence of the Eagle River and Gore Creek would be pumped to the new drinking water treatment r ~ ` facility, which would include filtration, disinfection, pumping, and ancillary equipment. Backwash and other wastewater generated by the proposed water treatment plant would be treated at the Vail WWTP, before being discharged to Gore Creek. Potable water .::, would enter the existing domestic water distribution system for the Town of Vail. The proposed protect would utilize an existing diversion structure at Dowd Junction (at the confluence of the Eagle River and Gore Creek) to provide an additional ~ source of raw water. Vail Resorts currently owns, operates, and maintains the intake and pump station at Dowd Junction, along with an existing 12-inch raw water pipeline for the purpose of snowmaking. Water diverted from the Eagle River is conveyed through the ~ pipeline, which is buried on the north side of Gore Creek, to a booster pump station on 1 the south hank of Gore Creek across from the District's facilities. This pipeline is used to convey water for snowmaking from November through January. The District would have use of the pipeline during the majority of the year when it is not being used. for i snowmaking. This existing infrastructure presents an opportunity for the District to ~ reduce costs and inininaize environmental impacts that would be associated with the ~ construction of a new intake and pipeline. ,..~ Phase 1 of the District's proposed project includes building the stricture,-which would house the future water treatment facility. The actual installation and operation of the DWF would occur within the next few years. Preliminary design calculations and process evaluations, necessary to determine building specifications, were completed by `~~ Brown. and Caldwell Brown and Caldwell 2003. The water uali data rovided in ~ 9 ) cl t7' p ~ Table 2 were used to determine the required treatment technologies for the Vail DWF. These preliminary specifications suggest three parameters of particular interest: • Iron and 1Vlanganese Removal I l Contact Time Requirements • Turbidity Vail Water and Wastewater Facilities Environmental Impact Report Page $ Several alternative processes were screened for a new 3.0 MGD DWF (Brawn and Caldwell, 2003). Two criteria were considered, prier to costing, including site and space requirements and proven operation at similar installations. A cost comparison was then made for alternatives that passed the initial screening. ActiflocTM (a conventional contact clarification process) was recommended as the best water treatment option. This decision was based upon the ability of the Actiflac TM process {see Appendix B) to treat variable raw water turbidity, remove iron and manganese, and provide sustained and competitive life-cycle costs. Recommended process includes the fallowing base components: • Feedwater Flow Meters Testing of Pre-Qzonation far Iron 1 Manganese C)xidation • Actifloc TM Process • Air Blowers •~ ~~ • Wastewater Pumps • Chemical Feed Systems • UV- Primary Disinfection • Qn-Site Sodium Hypochlarite Generation for Residual Disinfection • Finished Water Booster Pumps • Instrumentation and Control Ultraviolet (UV} disinfection and on-site sadiunn hypochlorite generation were selected far primary disinfection and residual chlorination, respectively. Site constraints require that the proposed DWF be ca-located with the WWTP in the new building structure. This is a unique situation because drinking water and wastewater treatment facilities are usually placed at separate locations. Ta insure that the drinking water and wastewater facilities are isolated from one another, a series of protective measures have been developed (Brown and Caldwell, 2003). The Colorado Water Quality Control Division has accepted the ca-location of the WWTP and the DWF' (see Appendix C} provided the following mitigation steps are implemented: + Piping far raw and finished water will enter the. DWF on the west side, away from and above all sewers in the area. • The building containment for the DWF will be isolated by use of dual ~°alls with a space between, and leakage from the space will be collected, detected, and sent to the WWTP. Detection of water in the space between the facilities will cause an alarm and could result in facility shutdown. Vail Water and V~,~astewater Facilities Environmental Impact Report Page 9 • The tu~o facilities will have separate HVAC systems, with the WWTP controlled at a negative air pressure, grad the DWF at a positive air pressure. Sensors and motorized dampers will positively control differential pressure. The fresh air intake for the DVti~` building will be on the west side, and the exl~austlador central system for the WVv ~°P will be on the southeast side. • The only entryway going from the WWTP to the DWF will be a sealed door with a positive closer, set into the wall above the maximum flood level of the V4'SJ'~ITP, with stairs on both sides. The WWTP has a positive maximum water level, based an overflow piping that will send water to the interceptor to the Avon WWTP at a specified level. • Facility operators will be certified in both water and wastewater, and will be trained so they fully understand the dangers of contamination. Anew laboratory area will be installed, which will allow District staff to better control and monitor the quality of their work. 2.6 Present and Proposed Zoning of the Site (12-12-5 B 3) The parcel on which the District's current facility is located is zoned General Use. The recently purchased Old Town Shops parcel is zoned Lionshead Mixed Use 2 and Outdoor Recreation. The District proposes to rezone all of this land to General Use. The developments surrounding the proposed project area are commercial, light industrial, municipal and residential. 2.7 Quantitative information X12-12-5 B 4) Quantitative information regarding the proposed project can be found above in "Present and Proposed Site Uses" and below in the "Environmental Inventory and Impact Type and Analysis" section. 2.8 Applicable Regulations and Permitting (12-12-5 B 5) A summary of regulations/permitting affecting the District's proposed WWTP expansion and new DWF are presented below. The District anticipates that the proposed project would meet all applicable federal, state and local regulations. ~. Town of Vail 1.1. Building Permit: A building permit for the proposed project will be required by ' the Town of Vail, Vail Water and Wastewater Facilities Environmental Impact Report Page 10 1.2. Design Review Board Annlication Annroval: Approval by the Town of Vail's Design Review Board will be required for the proposed project. 1.3. Conditional Use Permit: The Planning and Environmental Commission must review and approve the Environmental Impact Report for the project to insure compatibility and harmonious development between conditional uses and surrounding properties and the Town of Vail at large. 2. Colorado Department of lpublic Health and Enlrironrnent 2.1. Waste Water Treatment Plant Site Annroval: The Water Quality Control Division must review and approve plans and specifications for wastewater facilities. This permit is not required for Phase 1 (see Appendix C). 2.2. Drinking Water Facility Site Annroval: The Water Quality Control Division must review and approve plans and specifications for drinking water facilities. This permit is not required for Phase 1 see Appendix Cj. 2.3. Drinking l~Vater Treatment Plant Site Anproval: Colorado Discharge Permit Svstem tCDPSI Construction Dewaterin~ Wastewater Discharge Permit: This permit is required for discharges associated with construction site dewatering, if necessary due to groundwater infiltration or stonnwater. This permit is typically applied for by, and issued to, the construction contractor. 2.4. CDPS Water Treatment Plant Wastewater Permit: This permit is required by all water treatment plant wastewater dischargers, Under the proposed project, the increase in plant capacity will require that the District's current wastewater discharge permit (number CO-OQ3-7311) be updated. 2.5. CDPS Storrn~a7ater Discharge Permit: The district currently has a stannwater discharge permit on file with the State. This permit will need to be updated once the proposed project is completed to address changes in stormwater management at the current and proposed site. 3. Colorado Department of Transportation 3.1. Hi~hwav Access Permit: The Colorado Departrent of Transportation regulates vehicle access to or from any public highway. The proposed project will change the entrance to the South Frontage Road and will require a Highway Access Permit. 2.9 Gopies of Maps, development Plans and f]ther Documents {'l2-'i 2-5 B 6} The following documents are included as Appendices to this report: ' Vail Water and Wastewater Facilities Environmental Impact Report Page 11 A. Site Plan Dezxiarcating Existing Facility Footprint and the Proposed Expansion. B. Actifloc~~ Proposed Drinking Water Treatment System Brochure.. C. Colorado Water Quality Control Division Letter Approving the Co-location of Vail WWTP and DWF. D. Possible Structural and Nan-Structural Erosion and Sediment Control Practices. 2.'i Q Proximity #fl Water Bodies (12-7 2-~ B 7} The project site. is in close proximity to Gore Creek, which borders the southern edge of the District's current and proposed facility sites. The Gore Creek 100-year flood plain is approximately 2 horizontal feet from the boundary of the proposed project site (see Appendix A}. A steep streambank, with an approximate 20-foot drop, separates the creek from the site {Fig, 3}. • ,1 .~ Figure 3: Gpre Creek Gore Creek (eastward orientation) as it flows by the District's current facilities seen t© the left. The Forest Road Bridge and pedestrian bridge can be seen crossing the creek. 2.11 Snit Types ('12-'1Z-~ B 8) The following information is based upon Soil Conservation Service State Soil Geographic Database {STATSGO) data regarding the dominant soil co~r~position in the Vail Water and Wastewater Facilities Environmental Impact Report Page 12 area of the proposed project (National Resource Conservation Service, 2002}. Table 2 provides interpretations of three soil layers. 5oi1 Component Name: MACFARLANE Soil Surface Texture: very stony -sandy loam Hydrologic Group: Class B -Moderate infiltration rates. Deep and moderately deep, moderately well and well drained soils with moderately course textures. Soil Drainage Class: Well drained. Sails have intermediate water holding capacity. Depth to water table is mare than 6 feet. Hydric Status: Sail does not meet the requirements for a hydric sail. Corrosion Potential -Uncoated Steel: Moderate Table 2: Soil Layer lnfarrz•lation Soil Laver ltnformation Boundary CIassification Layer Upper Lower Soil AASHTO ~ Unified 5oi1 Texture Group _ Class 1 0 inches 1$ very stony inches -sandy loam 2 18 40 very stony inches inches -sandy loam 3 Granular materials (35 pct. or less passing Na. 200), Stone Fragments, Gravel. and Sand. Granular materials (35 pct.. ar less passing No. 200), Stone Fragments, Gravel and Sand. Granular materials. (35 pct. or less passing No. 200), Stone Fragments, Gravel and Sand. COUItSE- GRAINED SOILS, Gravels, Grawels with Fines, Silry Gravel COURSE- GRAINED S~p1LS, Grawels, Grawels with Fines, Silty Gravel COURSE- GRAINED SOILS, Gravels, Gravels with Fines, Silty Gravel Pcrrrseability Rate (in/hr) Max: 6.00 Min: 2.00 Max: 6.00 Min: 2.00 Max: 6.00 Min: 2.00 Sail -- Reaction (pH) Max: 7.30 Min: 5.60 Max: 7.80 Min: 5.60 Max: 7.80 Min: 5.60 The following additional subardinant soil types may appear within the general area of the proposed project bases upon Soil Conservation Service STATSGE~ data. 40 inches 60 inches very stony -sandy loam • Vail Water and Wastewater Facilities Environmental Impact Report Page 13 Soil Surface Textures: stony -sandy loam, unweathered bedrock, loam, very stony - loam, fragmental material. Surf cial Soil Types: stony -sandy loam, unweathered bedrock, loam, very stony - loam, fragmental material. Shallow Soil Types: no other soil types. Deeper Soil Types: weathered bedrock, unweathered bedrock, very gravelly - loamy sand, very gravelly -sandy loam, fragmental material. 3 Environmental Inventory and Impact Type and Analysis (12-12-5 C, D and E) 3.1 Hydrologic Conditions {12-12-4 A 1} 3.1.'1 Surface Water Existing Conditions Gore Creek drains approximately 100 square miles and is the primary source of water supply for the Town of Vail and the Vail Ski Area. The mean annual stream flow in Gore Creek at its mouth is 129 cubic feet per second {cfs) for a total discharge averaging 93,790 acre-feet per year. Peak flows during spring runoff can reach 1,850 cfs during the month of June, while the lowest recarded flows are approximately 11 cfs during the months of January and February {U.S. Geological. Survey, 20(}2). As previously described, the water supply for the Town of Vail is diverted primarily from Gore Creek via an alluvial well field located near the confluence of Booth Creek. Water use in Vail consists primarily of commercial and domestic uses, lawn irrigation and golf course irrigation. The water supply for restaurants and other facilities located on Vail Mountain is obtained from wells and Mill Creek. Mill Creek drains the north side of Vail Mountain and is a major tributary of Gore Creek. VS~ater supply for snownnaking on Vail Mountain is taken from Gore Creek (below the Vail Wastewater Treatment Plant outfall near the confluence of Red Sandstone Creek) and from the diversion facility located at Dowd Junction. To protect instream flows during low flow conditions, snowmaking diversions from Gore Creek are limited to the amount of effluent being discharged from the WWTP. Total projected water depletions from Gore Creek for the Town of Vail and the Vail Ski Area at full development are expected to reach 2,557 acre-feet per year, • Vail Water and Wastewater Facilities Environmental Impact Report Page 14 Under existing conditions, surface water runoff and erosion at the project site may impact Gore Creek. The ground surface of the current and proposed sites has been highly modified by grading, construction of structures, and paving, resulting in the establishment of an impermeable surface. Along the southern edge of the Old Town chaps property, there are currently no zxxeasures in place to prevent sand, gravel and other debris from falling into the creek (Fig. 4). At the District's current facility, stormwater runoff is directed through a drain on the southwest part of the property before flowing directly into Gore Creek. Out-falls are inspected tu~~ice annually to ensure that they are free of debris. Figure 4: Old Tawn Shops Property Analysis of Impacts The proposed project includes an additional source of raw water, pumped from Gore Creek and the Eagle River at Down Junction. This new drinking water source would have a positive impact on Gore Creek stream flaws and water quality. Dowd Junction, rather than water from tl~e wells in East Vail could be pumped during low flow months, leaving water in Gore Creek between the well fields and Dowd Junction. The proposed project would not affect the stream channel or raise the level of the 104-year flood plain, Several improvements in stormwater management and erosion control would be made to the site under the proposed project. Following construction plan approval, temporary stormwater and erasion controls would be installed. Appropriate best management practices {BMPs) to reduce the artaount of sediment and stoz~water transported to Gore Creek would be selected to remain in place until permanent Vail Water and Wastewater Facilities Environmental Impact Report Page 15 stormwater controls are constructed and final project acceptance has been granted. BMPs are designed to: + minimize the amount of disturbed soil, • prevent stormwater runoff, ^ capture sediment, + provide a buffer zone between the construction site and Gore Creek, • temporarily stabilize soils during construction, and + revegetate and permanently stabilize sails post-construction. Examples of BMPs that would be utilized where applicable are presented in ` Appendix D. These are examples of both permanent and temporary, as well as structural and non-structural, measures that could be employed during and after constraction. .After construction, stormwater runoff from the driveway and parking areas would . ~ be routed through a drain on the southwest corner of the property. All traffic and parking areas would be asphalted, decreasing the amount of sand and gravel in runoff. ' • 3.1.2 Groundwater Existing Conditions Exploratory drilling at various sites in the Town of Vail has confirxx~ed the presence of groundwater at varying depth throughout the area. At the site of the proposed project, ~~~ the groundwater table is expected to be closely associated with. Gore Creek. Analysis of Impacts During construction it is likely that groundwater would be encountered in areas f excavated for construction of the buiflding foundation and pumping would be required to c.,J dewater the excavated area.. It would be necessary to create a settling basin ar sump area to collect groundwater, which would then be putr-ped into Gore Creek. This would result in some reduction in the elevation of the groundwater table during construction in the ~__~ area surrounding the site. There are no wells present ira the surrounded area that would be affected by a cllange in the groundwater table. This impact would be temporary i because groundwater levels would return to normal following construction. The construction contractor would obtain a discharge permit from the Colorado Water Quality Control Division far construction dewatering and would be required to employ best management practices to meet water quality standards. Fail Water and Wastewater Facilities Environmental Impact Report Page 1 b 3.'S.3 Water t;22uality Existing Conditions The Colorado Water Quality Control Commission has classified Gore Creek for the following uses: Class 1 cold water aquatic life, domestic water supply, Class 1 recreation and irrigation. The Eagle River from Beldon downstream to the confluence with the Colorado River {Colorado Department of Public Health and Environment, 2002) has the same classiticci uses as Gore Creek. Water quality samples from the Dowd .function pump station, which are a mixture of Eagle River and Gore Creek water, were collected between December 20x2 and April 2003 (Brown and Caldwell, 2003). The results are presented in Table 3. Iron and manganese levels in the Eagle River are elevated due to the Eagle Mine Superfund site located above Minturn. All other parameters met standards. A single analysis, conducted on April 17, 2003, for Giardia and Cryptosporidiurn, was negative. Tai`iie 3: Dowd Junction Pump Station Sampling Results (Brown and Caldwell, 2003) ~ 12/4/02 1/14/03 Iron 0.25 mg/L 0.57 rng/L i'~'Ianganese 0.069 rng/L 0.20 mg/L. TtJC ~ 1.0 1.3 mg/L Alkalinity 108 mg/L 123 mg/L Hardness 1$6 mg/L 190 mg/L PH $.1 $.5 Turbidit~P 2.16 NTU 1.7 NTU Temperature 4.0°C 4.0°C Results 1/22/03 3/11/03 ~ a/1/o3 0.33 mg/L 0.11 mg/L 0.17 mg/L .025 mg/L <1.0 <1.0 ~ 00 mg/L 11$ mg/L 162 mg/L { 222 mg/L $,0 7.9 1.5 NTU L9 NTU 4.0°C 45°C 0.20 mg/L 0.033 mg/L X1.0 130 mg/L 224 mg/L 7.6 1.8 NTU 7.0°C Though pump station samples for iron and manganese at tunes exceeded drinking water table value standards of 03 mglL and 0.05 mg/L, respectively, these standards exist for aesthetic purposes and not for health reasons. Anew water supply, or "WS", standard for iron, manganese and sulfate has recently been adopted by the Colorado Water Quality Control Commission {WQCC) to provide greater flexibility regarding these constituents. Except where the WQCC has adopted site specific standards, the least restrictive of the existing quality as of .lanuary l , 2000 or the table value standards, applies to waters with a WS designation. Regarding. the Dowd Junction pump station water, ambient conditions are the least restrictive, and will become the new WS standard, precluding future exceedences. • • '1 Vail Water and Wastewater Facilities Environmental Impact Report Analysis of Impacts Page T 7 Under the proposed project, the District would continue providing potable water to the Town of Vail that meets all applicable drinking water standards. WWTP effluent standards would be maintained, preserving the water quality of Gare Creep down to the confluence with the Eagle River. Operation of the new raw water treatment facility would result in water quality improvements on Gore Creek. During periods when domestic water is being diverted at the Dowd 3unction intake facility, there would be an equivalent reduction in the amount of water being pumped from the East Vail wells. This would result in an increase in stream flows in a 7-mile section of Gare Creek from the vicinity of the Vail Golf Course downstream to the Eagle River. During winter months, when flaws in Gore Creek are at their lowest levels, the amount of improvement. could be significant. For example, during the. month of February, the flow in Gore Creek above the Vail WWTP outfall is typically in the range of 10 to 12 cfs. Operation of the intake facility at Dowd Junction could increase flows in Gore Creek by up to 4.6 cfs, This increase in flow would provide additional dilution capacity to the stream, resulting in a reduction in the concentrations of pollutants from urban runoff and other sources. 3.2 Atmospheric Conditions (12-72-4 A 2) existing Conditions The U.S. Environmental Protection Agency (EPA) and the Colorado Department of Health, Air Quality Control Division have established air quality standards to protect public health and the environment. The I~lational Ambient Air Quality Standards (NAAQS) adopted by EPA and the Colorado Air Quality Control Commission are presented in Table 4. Table 4: National Ambient Air Quality ~tartdards • Pollutant Carbon Monoxide Fine Particulate Matter (PMa.s) ** Respirable Particulate Matter (FM i~) Averaging Time 1 hour* $ how* Annual arithmetic mean 24 itour* Annual aritlstttetic mean 24 hour* Concentration 35 ppm (40 mg/mt) 9 ppm (i0 mg/m~) 15 µglrn~ 65 µgfm3 50 µg/m3 150 µglm3 * Concentration not to be exceeded more than one time per year in averaging time. ** The FM 2.5 standard is included far information only. A 1999 federal court ruling blocked implementation of this standard, which EFA proposed in 1997. (http:ilv4~~ .epa.govlttnloarpg.~naagsfin,~j Vail 'V4rater and W astewater Facilities Environmental Impact Report Page 1$ Carbon monoxide and particulate matter are two out of six principal pollutants, or criteria pollutants. Areas which violate the NAAQS for one or more of the six criteria pollutants2 are classil~ed by EPA as non-attainment areas. According to the most recent USA Air Quality Non-attainment Areas list {U.S. Environmental Protection Agency, 2003), Eagle County is neither included in the Non-Attainment Area for carbon monoxide nor in the Non-Attainment Area for particulate matter. According to the EPA. National Emission Trends (NET) database3, which includes pollutants" levels at county monitoring stations, particulate matter in Eagle County is currently below the NAAQS. The Distri`ct's current VJWTP processes minimize odors and emissions from the Vail plant. Additionally, the District pumps solids from the Vail W"~eVTP to their Avon plant for treatment, greatly diminishing. the potential for odors. Negative pressure is maintained in the Vail'VVWTP to prevent air from escaping. A series of fans and ducts conveys air away from the wastewater treatment area. Ozone is then injected into the ductwork, effectively neutralizing odors. Analysis of Impacts For purposes of this proposed project, air pollutants of concern would be carbon - monoxide and fine particulate matter (PM2.5) from fuel combustion in motor vehicles, and respirable particulate mattes {PMt~) ar fugitive dust from construction activities and wind erosion from disturbed areas. Atmospheric impacts would be minimized, in part, through the implementation of erosion control methods as listed under the "Hydrologic Conditions" section above. In addition, PMia and fugitive dust from construction activities and wind erosion from disturbed areas would be minimal as all access roads are paved. Sprayed water would be applied to unpaved transportation areas during construction. Post-construction, the proposed project would result in no changes in odors or emissions and the odor control system would be upgraded with the addition of new equipment. ~.3 Geologic Conditions (12-12-4 A 3) Existing Conditions The Town of Vail is situated in a structural trough that stretches from Vail Pass to McCoy in north central Eagle County. Elevations in the vicinity of Vail range from. 7,726 feet at Dowd function to approximately 13,230 feet along the Gore Range. The bedrock underlying all. of Vail Mountain and the adjacent Gore Creek Valley is the Minturn Formation of the Pennsylvanian age. The formation is primarily sedimentary `~ The six criteria pollutants are: Carbon monoxide, Nitrogen dioxide, Ozone, Lead, Particulate matter, and Sulfur dioxide. 3 The NL-T database replaces the former AIRS database. Vail Water and Wastewater Facilities Environmental Impact Report Page 19 rock consisting of interfingering lenticular beds of sandstone, siltstone, shale and conglomerate, within which laterally persistent lirnestone and dolomite marker beds ' occur. Soils throughout the area are farmed from these sedimentary materials with a predominance of medium and coarse grained,. poorly sorted sands. During the quaternary period, several large valley glaciers were present within the Gore Creek Valley which gouged out the lower valley floor, forming steep cliffs. Oversteepening of the lower valley wall and deepening of the valley itself removed upslope support far large sections of fannational bedrock which dipped towards the valley axis. Eventually, large Bedrock dip-slope landslides began to occur as glacial ice, temporarily buttressing the dipping bedrock masses, melted away {Vail Resorts, lnc., i 986). The geology surrounding the District's treatment facility includes modified land- surface deposits. Landscaping has extensively modified the Iand surface in the Town of Vail. Artificial fill deposits are present both south and north of 1-70 and Throughout the I- 70 corridor. Specif c information regarding the soil types found in the vicinity of the proposed project can be found under the "Soil Types" section above. The current streambank along the southern edge of the project site (Figs, 3 and 4) is extremely steep with sparse grass and willow cover. A 2003 geotechnical study by HP Geotech {HP Geotech, 2003} of the site found na indications of significant slope movement along the streambank. Analysis of ]mpacts The 2003 geatechnical report referenced above suggests that project excavation would provide an opportunity to reconstruct the embankment with structural material and boulders or mechanically stabilized earth {MSE). If the embankment is not excavated, the report recommends that bank stability be evaluated during construction. The streambank, which is on Town of Vail property, would not be changed by the proposed project. JJ 3.4 Biotic Conditions (12-12-4 A 4~ ~_J 3.4.9 Vegetation Existing Conditions Vegetation is limited primarily to noxious weeds in the area surrounding the existing and proposed site because much of the site is paved and gravel surfaces. Sparse grass and willows are located along the steep stream bank bordering Gore Creek and the District's facilities {Figs. 3 and 4). Vail Water and Wastewater Facilities _ Environmental Impact Report Page 20 Analysis of Impacts Under the proposed project, site vegetation would be improved in conjunction with landscaping. Vegetation tq the south of Gore Creek, primarily coniferous forest, would not be disturbed by the proposed project. 3..4.2 Threatened, Endangered, Proposed, and Candidate Species Existing Conditions The U.S. Fish and Wildlife Service federally listed and candidate species list {U.S. Fish and Wildlife Service, 2003) was used to determine the threatened, endangered, proposed and candidate species that occur or may occur in Eagle County. Table 5 provides a list of species and their status in Eagle County. Table 5: Threatened, Endangered, Proposed and Candidate Species in Eagle County ~ Species Threatened )Endan4ercd Prop®sed Candidate ~ ~ Bald eagle, Haliaeetus leucaeephalus X ~ Gunnison sage-grouse, Centrocercus X minzmus Yellow-billed cuckoo, Coccyzus ~ X americanus Black-footed ferret, llustela ni~r-ipes X Canada lynx, Lynx canadensis X ~ B©nytail, Gila ele~ans X ~ --- Colorado pikerninnow, Ptychocheilus X Lucius Humpback Chub, Gila cyplaa X Razorback sucker, Xyrauchen iexanus X ~ { Uncompahgre fritillary butterfly, X Balaria acracnema _ _ __ _ ~ Boreal toad, Bufo bareas boreas k X f There is no suitable habitat for any of these species at the site. Analysis of Impacts The project site is within the hunting range of the bald eagle. The boreal toad can be found in the Gore Creek drainage running through the Vail Golf Course, upstream from the proposed project. The project is not expected to impact any of these species, as the site does not cgntain suitable habitat far any of the species listed in Table 4. Vail Water and Wastewater Facilities Environmental impact Report Page 21 3.4.3 Stream Ecosystem and Ri~aarian Habitat Existing Conditions Water quality throughout the Gore Creek drainage is generally high, although there is same degradation from nanpoint sources of pollution including runoff from I-70 and urbanized areas. In the vicinity of the proposed. protect, the stream. has been channelized to accommodate the Forest Road Bridge to the east, buildings and parking lot to the north, and the bike path to the south (Fig. 3}. The bike path bridge crosses the stream at the site of the existing WWTP. The stream has a very steep, sloped bank and riprap shoreline with sparse willows. There is a gas station located immediately north of Gore Creek to the west of the propased project. A drop structure and pump station for Vail snowmaking is located across from the proposed project on the southern bank of Gore Creek. The lower reach of Gore Creek, extending from Forest Road Bridge downstream approximately 4 miles to the Eagle River, has been designated as a Gold Medal Fishery by Colorado Division of Wildlife (DOW). DOW classifies those streams with at least 40 i Bounds of trout and 12 fash over i4 inches in length per surface acre as Gold Medal trout streams, A 2000 fish survey by the DOW found 45 trout over 14 inches per acre in Gore Creek just below the WWTP and 73 trout over 14 inches per acre in the reach immediately above the Eagle River confluence (Colorado Division of Wildlife, 2000). This section of Gore Creek has a good distribution of pool and riffle habitat with cover for fish provided by large boulders and overhanging shoreline vegetation. The Gold j Medal reach. of Gore Creek provides opportunities to catch large trout and is an important ~ recreational resource for the Town of Vail and Eagle County. r The Vail WWTP discharges directly into Gore Creek just above the confluence of Red Sandstone Greek. Plant effluent. complies with all discharge regulations and provides an important source of nutrients in the Gold Medal reach. At one time copper in affluent waters, originating in one of the District's source wells and from corrosion of pipes, was a concern. Fish are very sensitive to dissolved copper at low concentrations and the wastewater treatment plant does not remove copper. The impact on human health was not an issue because concentrations were well below drinking water standards. The ~ Distnet addressed the elevated copper concentrations by adding corrosion inhibitors and a sequestering agent to Vail's drinking water and by minimizing the use of the one well known to be a source of copper. These methods have proven effective in maintaining t~ copper concentrations within waste load limits and below aquatic life standards and would not change under the propased project. Analysis of fmpaets During the construction phase of the proposed project, best management practices would be used for sail stabilization, erosion prevention, and protection o'the riparian area adjacent to the construction site (see "Hydrologic Conditions" and "Geologic Conditions" above). Vail Water and Wastewater Facilities Environmental Impact Report Page 22 Post-construction erosion control BMP's would be implemented to prevent sand and other debris from the parking areas and driveways from entering the creek. These improvements would be beneficial to the water quality in Gore Creek and would reduce the risk of contamination entering the creek from the project site. Use of the Dowd Junction intake as a source of raw water would enhance Gore Creek strearnflows due to wells in East Vail being operated less frequently. 3.5 Other Environmental Conditions (12-12-.4 A 5) 3.5.1 Petroleum Contamination Existing Conditions The site of the proposed project is adjacent to a gasoline retail and automotive repair garage. An environmental assessment (Doty and Associates, 2002) of the parcel on which the proposed facility expansion would occur found that there was evidence of subsurface petroleum contamination. This contamination is believed to have originated from the gasoline and automotive station. Extensive remediation efforts have been made, including a soil vapor extraction air sparge system that operates on a portion of the. site adjacent to the western boundary of the proposed project. Remediation efforts have effectively reduced groundwater concentrations of standard.. gasoline compounds {benzene, toluene, ethybenzene and total. xylenes). Benzene remains detectable in one well on the project site at a concentration of 0.97 µg/L, which is signi~eantly less than the Colorado groundwater standard of 5.0 µg/I, (Doty and Associates, 2002). The environmental report suggests that there maybe residual soil contamination on the property, at depths of 10 to 1$ feet below the existing ground. Chevron {which owned the adjacent gasoline retail facility until 1989) began a groundwater study in May of 20Q3 to further characterize and monitor possible contaminants.. Analysis of Impacts On the proposed project site, soil samples will be collected during the demolition of the ®ld Town Shags building to determine if residual sail contamination exists. In the event that the results of these tests determine remedial action is necessary, the District will comply with all federal, state and local regulations regarding soil removal and disposal, and dewatezing during construction. • Vail Water and Wastewater Facilities Environmental Impact Report Page 23 3.6 Visual Conditions (12-12-4 A 6) Existing Conditions The site of the proposed facility expansion is currently occupied by the abandoned and rundown Old Town Shops building and is used for parking. Under existing conditions, the building and the site have not been maintained and the visual appearance of the site is degraded (Fig. 2} and not consistent with the surrounding area. As shown in Figures 3 and 4, there is no barrier along the edge of the parking area above Gore Creek. Gravel and debris from the parking area has accumulated on the embankment above Gore Creek and prevented the establishment of adequate vegetation to prevent erosion. This area is quite degraded from the more natural appearance of Gore Creek in many other areas and is highly visible from the bike path. ` Analysis of Impacts Under the proposed project visual conditions of the site would be greatly improved. The Old Town ;Shops building will be removed and replaced by a new building and landscaping that meet the requirements of the Vail Design Review Board and Tawn of Vail Code. 3.7 Land Use Conditions (12-12-4 A 7) Existing Conditions ! The District's current facility is zoned General Use. The Old Town Shops parcel is `.~ zoned Lionshead Mixed Use 2 and Outdoor Recreation. Surrounding areas have recreational, mixed commercial and industrial uses. The bike trail Brasses and runs along .~ ~ the southern bank of Gore Creek in the vicinity of the WWTP. The Vail Shop Yard is located across the South Frontage Road and a gas station and an auto repair garage is to the west. Town of Vail open space is located on both sides of Gore Creek to the east of Forest Road.. Analysis of Impacts ' ' Under the proposed project there would be no changes in land uses to the site and surrounding areas. The Distz-ict proposes to rezone all of the proposed project parcels to General Use. 3.8 Circulation and Trartspor'tation Conditions (12-12-4 A 8) Existing Conditions Currently the District's facility houses their administrative offices and the Vail wastewater plant and accommodates 29 employees. Administrative offices are accessed Vail Water and Wastewater Facilities Environmental Impact Report Page 24 from Forest Road. Deliveries and operational staff access the facility via the South Frontage Road. Analysis of impacts The District's administrative offices would continue to be accessed from Forest Road. The South Frontage Road entrance would be improved to provide access to the new building and rooftop parking. Deliveries would continue to be via South Frontage Road. The District does not anticipate an increased frequency of deliveries of supplies, though quantities may increase. Luring construction there would be an increase in traffic due to construction vehicles and crews at the site. The District anticipates hiring one additional DWF operations staff member under the proposed project, which would result in a minimal increase in site traffic. 3.9 Populations Characteristics X12-12-4 A 9) Existing Conditions There are no residential units at or adjacent to the site of the proposed project. Analysis of Impacts I~To changes in the population characteristics of the site or surrounding areas are anticipated under the proposed project. 4 Summary (12-12-4 B) 4.1 Unavoidable Adverse Effects The potential. adverse effects of the proposed project would be temporary construction impacts and associated nuisance factors. Adverse construction related effects would include increased traffic, dust, noise, vehicle emissions and sedimentation from storm events. 4.2 Proposed Mitigation Measures Best management practices would be utilized to minimize adverse impacts during construction. BMPs would be designed to: reduce noise and traffic, minimize dust, attenuate stormwater runoff, capture sediment, provide a buffer zone between the construction site and Gore Creek, temporarily stabilize soils during construction, and revegetate and permanently stabilize soils post-construction. • ~~ Vail Water and Wastewater Facilities Environmental Impact Report Page 25 The main access for construction traffic to the site would be from South Frontage Road. This will require an access permit from the Colorado Department of Transportation (CDOT~. CDOT will require that the contractor develop a traflc management plan to insure safety and to minimize delays and inconvenience to local traffic. In addition the hours of construction may be limited by the Town of Vail to limit noise and construction traffic. 4.3 Possible Alternatives The proposed site location was selected for a variety of reasons. The District's Vail wastewater collection system has been designed and built around their current WWTP facility. The cost and technical complications that would be associated with developing a second WWTP on a different site would be prohibitive. There are vezy few available building sites in the Tourn of Vail and the disused Dld Town Shops parcel was available and is conveniently adjacent to the District's WWTF. The proposed DWF would take advantage of existing infrastructure associated with the Dawd Junction snowmaking intake and pipeline to convey water to the project site. An analysis of alternative drinking wafer treatment technologies was completed by Brown and Caldwell (Brown and Caldwell, 2003). Iron and manganese concentrations, contact tune requirements and turbidity, as well as site constraints, were the primary factors that were used in evaluating alternatives. The ActiflocTM treatment process and ultraviolet disinfection and on-site sodium hypochlorite generation were selected. Alternative processes that were evaluated are presented in Table 6- Table 6: Alternative Treatment and Disinfection Processes far the Vail DWF (Brown and Caldwell, 2.003] Potential Drinking 'Water Treatment Processes Conventional. Treatment-Gravity Filtration Conventional Treatment-Pressure filtration Conventional Treatment-Contact Clarification {e.g., ACTTFLC7C T'`~ Conventional Treatment-Adsorptive Clarification (e.g., TRIDENT ~t`'~ Slour Sand Filtration _--- - ?Viembrane Filtration Potential Drinking Water Disinfection Processes Gaseous Chlorine Bulk Sodium Hypochlorite --- C)n-site Sodium H}pachlorite Chlorine Dioxide -- - ---- ©zonation -- Ultra~~iolet Disinfection Vail Water and Wastewater Facilities Environmental Impact Report Page 26 4.4 Short and Long Term Uses of the Environment. Construction activities would result in the short term impacts and nuisance factors described under "Unavoidable Adverse Effects" above. The result would be an unproved water supply and wastewater facility that would be operated in a manner that enhances and protects instream flows through the Town of Vail and the Gald Medal reach of Gore Creek, providing a long term benefit to the aquatic environment. In addition, the proposed project would increase the reliability and flexibility of the water supply and wastewater systems that serve the Town of Fail. 4.5 Irreversible Environmental Changes Irreversible environmental changes at the project site and in surrounding areas have already occurred. As described in this report, the proposed project would result in improvements at the site and to WWTF and DWF operations, providing a benefit to the Town of Vail and to Gore Creek, 4.fi Growth Inducing Impacts The District's Vail facility upgrade and expansion has been proposed in response to I planned growth in the Town of Vail. The project is designed to address increases in demand for water and wastewater services that will be generated by the planned I.ionshead redevelopment and other proposed projects. This development will include a five-star luxury hotel, a convention center, raverfront townhornes and more than 400 additional "hot beds", X0,000 square feet ofretail space,. and a small number of single family home sites (Town of Vail, 2003). The proposed project is in response to growth and would not be growth inducing. 5 References Brown and Caldwell, 2003. Vail Drinking Water Facility Engineering Evaluation. Prepared for the Eagle River Water and Sanitation Distract. Colorado Department of Public Health and Environment, 2002. Water Quality Control Commission, Regulation No. 31, The Basic Standards and Methodologies for Surface Water {5 CCR 1002-31). Doty and Associates, 2.002, Phase 1 Environmental Assessment 41d Town Shop, 890 South Frontage Road, Vail, Colorado. Prepared far the Eagle River Water and Sanitation District. Colorado Division of'V~ildlife, 2000. Gore Creek Fish Survey Data, Provided by Bill Andree Vail Water and Wastewater Facilities Environmental Impact Rcport Page 27 HP Gcotech, 2003. Comments Regarding Existing Steep Slope and Retaining Wall Conditions, Proposed Addition to Wastewater Treatment Plant, South Frontage Road, Vail, Colorado. Glenwood Springs, Colorado. National Resource Conservation Service, 2002. National STATSGO Database, htto://www.ftw.nres.usda.eov/stet data.html. Town of Vail, 2003. Lianshead Redevelopment Website httn:lfci.vail.co.usfsuboa~e.asn?nape id=233 U.S. Environmental Protection Agency, 2003. Green Book Currently Designated Nonattainment Areas for All Criteria Pollutants, httr~://www.ena. ~ovloar/oaat~sl~reenbk/ancl3.htznl. U.S. Fish and Wildlife Service, 2003. Federally Listed and Candidate Species and Their Status in Colorado. Ecological Services, Colorado Field Office. U.S. Geological Survey, 2002. Water Resources Data Colorado Water Year, 2002. USGS Water-Data Report CO-02-2, National Technical Information Service, Springfield, Virginia. Vail Resorts, Inc., 1986. Preliminary Surfical Geologic Mapping and Slope Stalaility Study of the Vail Ski Area. • APPEI'~TD~X A SITE PLAN DEMA.I~CATIIv~G EXISTING FACILITY' FOQTPRINT AI~TD THE 1'RQI'4SED E~PA~''~TSIQN • • W a I a I G I rt ! e I P _ _ _.,{ - - - ~°~ . ~ _ r _ ~ . ~ ',~, 1 '~ . ~' I i _ _ .i 1 . - ;~., 0 20 a0 I SCALE IR FEET .I GEIVERAI~ "VOTES. THLS PLAN IS PRELUkINARY, OETARFf1 GRA'JtkG STILL NEIDS DONE ON THE SOUTH 51DE OF THE PROPOSED PLANT E](PAN9QT s',' W€LL AS DTHER AREAS. CRAfNAGE ISSUE£ ALONG US HIGHWAY I ~: HAVE NOT BEEN ADDRESSED. _ 2. THERE ARE uANY FGVd~t CpOE t55UE<_ NpT 7ET ADditESSEd . r THIS PiA.k, SUCH AS WATT QiIALiTY (STOf{lu WhTER}. ,rr 3 THfS 4?LAR t2EOUIRES AN,ACCFSS P€H1NQ.7D_US HIGHWAY 6i, r-r^'` , i. i+.KOWOSEd aTIUTIES NEEC TO 8E AflDRE~SEd ~` . r~ 5. C9pRdtnnf?Dt"t WITH 7(AA ALLEt1pEk !S pEODIRED FOR A 1./~ " . . ~ f.. RAW WaT`R YAULT TC LOCATE6 NEAR ~2iLTGE. _ 6. Tkll$ PLAN REPRzS NTS A CA TLU AS USED BY EAGLE WIPE ~ _.f ~ _ ~ ~ ~; I kYAIER srv S:T:.TATP 't C,TR ~T Tus C;T11tt USEC 6r t S ~ _ . ASSOCIATES FOR THE ULttSHEA,f] RCGEYELOPReEkT P{tO,ECT IS 6 _ HIGr9'cR THAN Ail TH_ GRADES SrBOWN HEREIN. ~~ ~ •` '~ !- `~, TBU FF PAHKIRG ik':CK - 8O99.G2 ER' ~.. ~"- s~ c: _ 7. PROPEP,TY lSSL1ES NEED TO BE ADDRESSED. IT APP€ARS _ '~ ~7CS'I, 3~PR1\[T 7HE CURRENT ACCESS 70 PARKING FOR 'RiE EN!STtNG PLANT IS -- ! THROUGH THE FlIG~17 OF WRY (ROWj OF U5 HIGHWAY d. IT A.-5< A.PP:ARS TTiAT i, }{~ EwSTIMG AN6 PRQM7s,R PC:A,!rT ARE WITHIN-. ... ~ flC15T1NG unuTr EAS~,+ENr_ .. Li DEPEr:DING ON 2ONWG (Cl.)uMERGIRL INDllSTRiAL?J TH£WE N~ -~-' I ~ ' ~~ - ~~.~ ~~ " A GUILDING SETBACK OF AT LEAST 20' FRpu THE FRON7AG£ R 4. GRADING IS SHOWR ON THE AO.wCENT PROPERTY OF THE Cl ~ -~~ __ - STATIpN. PERAIISSIpM IS REpJIRED TO GRADE OPd ANYONE ELSE _- PROPERTr. I " ~ _ _ ~ ' v _°" ~` 1 ,, I _~ V ~~r ~4-; y,{ I _ _ ._ ,1...I_ LINE I$ %INCI - i ' ~ T / ~ T .vRe7TZ•~srFiGLeec~.:'TPPkfA'S~'~:T€1:4r2C`:'e,`;",€R'7, e`-: DENVER, CDLDR~„T5D DESIGNED. q~ _ . _ _. ___ _ __ oRAwN x I CIVIL ~"-. ~ Sl16MTTED GATE. ['.HFCKEi1. X I fir: P~,E~,~I.~,~~ , r.HGCKE~ I ~~ apPRGVCO. 6F.~. APPROVES. SITE PLAN gR4Wn [.n'O CuFJ'uoELL '8 n , o I ~ ! t RI I h ~ RLEVnuE I s~:~us-~-in;~ nwn ec rnalFSr+uLleFn 2S3UI uLIEWI ntsucr KuwuEK 111'IAWMtGfAlIBEA c~ia1 SNeF-lRliecR pF OF I o APPENDIX B AC i lr LOCTM PROPOSED DRINKING WATER TREATMEI~IT SYSTEM BROCf-LURE • • INTRODUCING ACTiFLOC", THE NEHI PRE-ENGINEERED PLANT THAT EFFECTIVELY TREATS TURBIDITY SPIKES UP TC1 aaoo NTU. • • A SkMPLE SYSTEM FOR DIFFIC{JLT wA7ER5 The pre-engineered Actif]oc system consistently delivers high-quality drinking water. The plane is designed to treat surface water with high color, high TOG or high turbidity - up to 1,000 1VTU, with spikes up to 3,000 NTU. Engineered f©r agility, the system offers quielC chemical optimization and instantaneous starlrup and shut-down It is especially suited for the Following applications: • Highly turbid water • High color andlor high TQC • High algae levels • Gold water • Flashy waxers with rapidly fluctuating raw water sources • Facilities with space restrictions that demand a small footprint • Plants that frequently start up and shut down, requiring quick optimization to reach steady-state Design fiow is fox o hvey Conk system. $eing mQdulor allows multiple tbnk designs. and easy future expansion. • AN kNNC)VATkVE COM3INATION OF TECHNOLC7GIE5 ,• HIGH PERFORMANCE T8~{AT~s HIC:HLY EFFICIENT I The Actifloc treatment process combines the Aeriflo® clarification process and the Microfloc Mixed Media fifcer, which is supported by the new SCU$A"' black underdrain. Actiflo: A proven clarification tech- noCogy, the Actiflo process uses a microsand ballast that functions as a seed, enhancing floc formation and settling, Raw water enters the coagulation tank, where chemica] coagulant and efficient mixing are used to destabilize suspended solids and colloidal matter, Polymer and microsand are added in the injection tank. The treatment continues as the water Bows to the maturation tank, where conditions are ideal for the formation of polymer "bridges" between the microsand, floc and destabilized suspended solids. The fully ballasted floc settle out rapidly in the settling tank and are removed from The Actifloc plant offers a stahle system with a compact footprint and reduced chemical use, Typical overflow rates as high as 30 gpmlft~ allow system footprints to be much smaller than conventional systems of similar capacity. The intense mixing and microsand contact reduce the the treated water. Water then passes through lamellar settling tubes and onto the filtration stage. High microsand solids loading stabilizes the process when the flow rate, turbidity or temperature fluctuates rapidly. Detention time is very short and the response to changes in chemical dosage is very rapid { 10-1 ~ minutes), allowing the process to reach a steady operational state in less than 30 minutes. Mixed Media: Developed by Microfloc, Mixed Media filtration is extremely effective on tough-to-treat waters. Even under extreme spike loading, the combination of Mixed A+ledia filtration. and Actiflo clarification allows the Actifloc system ro resist break through by Cryptosporidium and Giardia Lamblia and provides a consistent high quality effluent. use of chemicals, allowing significant (typically 20-50%) chemical savings compared to ocher clarification processes. Actifloc is available in modular tank designs with capacities of0.Z7, 0.5, 1 and 2 MGD. OTHER WATER TREATMENT PROpUCTS If it's in the water, our engineered processes and equipment can take it Dui, reonomically and dependably. L33ur cvrnprehentive line include) solutions to simple and complex water treatment and conditioning needs;. all backed by working installations and years rsf experience: Our line includes. i Adsorption Clari6ers~ ^ CONTRAFLO~ solids contact clarifiers ^ SPIRACONE~ sludge blanker dariFrers ^ Sludge Sucker's sludge removal system ^ Sludge rkaickeners ^ Vertical and horizontal pressure filters )^ Aerators ^ AERAi.ATER~ packaged treatment ^ Microfloc°t Tridents packaged water Irea[menr ^ Acrifloc'" pre-engineered water plant ^ MULTT~IASH~ Filtration Process ^ Gravity filtration etluipmenr ^ MULTICRETE"" 1I monolithic under- drain system ^ SCUBA"' black underdrain system ^ FSSI:~"' filter washrroughs and launder systems ^ Memcat'~ CMF To Fnd our more about how to put LISFilter to tivorkc for you, contact us at ~~~ __ ~~ Memwr, Micrafloc, and General Filter Products 6q0 Arrasmirh Trail Ames, IA SgglQ 515.x.32.4121 phone 515.232.2571 fax 441 Main Street I?C3. Bax 3G Sturbridge, MA Q15GG 508.347,7344 phone 508.347.7049 fax USFiltee products and praeesses far warce and wastewater Treatment are protected by pamnts issued and pending in the United Srares and other caunrries. INF-AFtiR-faG~fi 2118 Greenspring Drive Second Floor Timonium, MD 21893 1.8(1{?.MEMCOR4 phnnr 41q.561.3g17 fax For more information, visit our web site at www.water.usfxlter.carn ~ 200o vsFilcer ~~V~NDI ~val'er ~o~~~y Steel Grrxviry Falser Vertical Pressure Filters CersTROL" Falrration System Micraflac~ Trident` system APPENI]~X +C COLORADO WATER QUALITY CONTROL DIVISION LET ~ ~x AFFRONTING THE CO-LOCATION OF NAIL WWTF AND DWF • r"~=~.r~r.~ toLVOt~~:ng mid Lrr~rm;.tfi+~r Rcclrk arjfexvlFrnmonl rf r~rrpgpJc ~fG~aLa Efl Occ:ns, Garcruor o~ ~~~*j ~ovgla, B. S~evvtnrn, ~'Y•..,tive rJirccrar , . ~ ~~~ w ~" s~` -~"ti o G°~ ],~crioa Ft4.girr~ L)£ncc *.~_ ~ '~~~ ~, b`~` 5~., ~uq.232 ~ J 87e'~ Gr$udhmcaaa CO 81541-768 ;;~~ (fi70) ~&-7198 Polcsaci~ Depns~r,~cat• r.t,~.°l~,v,~~, c~ph~ss :,r~, co.us a!Pub]ic Kca1~ aad >V~i.,.,......,. Af.'.SG1? 6, 2003 Bro~~n azad Caldwell Ar~x.: Mx. I~aS~d Myerr, 1597 Ca3e Blvd., Suite ZDL1 C~ldes,. ~U ~Q4Q3. ?Z.e: xirt~:dinb Colasxr'cletzaxilL.ncr~#,ivn fat~`~xf~7r~e'~ar1'~~ater Tx~atmcnt Plaint, PWS10Dm ?.198k3z, Eagle County Dix i~fr. Myers. rA „rosal to loca`,e a new drinking watr~ trertmcnt pI ut a~3jacc~at to t'~c exististg ~~ste~vater #re2Lme~~ g1anY in ~~al w`..s reze:S~ed in alet~ dat~,d 3arttx~-y 29, ~G03. This i5s"Ut was a?sa di5cussa3 ai a meetaxig an J'ax1t~-~ zy ?[703 ir3 ,13ent~cr. This is a tuugl:e ~tu~an btsz Lr. yaLU' trropo~al;.~auh::~rye adrressed our y eQnCCi7LC. Yu ~Ld~tiaa, tail new plant is one of y that sfxve t]» c~,:.:,.,tr~ity rud s~o'ai.d a ~z'ablam arise, the plant could l,e i,olalec~u~hY~le cot-tinuin~ tc+ ~:ovid¢ s~'ice. "fie propflsed laestion fc~r7~,e ne,~r ~,a~r trratst pl~st is acc~s~t~ie r~ ~ l~it~isi+~ pra'sti dea I:ze ni-te buAet~d ~ti~a~.an sus gceseuted 1z yaur leti~r rsc implcmer~t~:d. I~ i~ our uad:.r~tvn~b t. at rids ljine, nn]y #}ic treatment builc~axrg is to lie eat 5tnt~d. Tltc I?.~''is;an alas no ~ru,~r.~:t oS eppr4~:d rCgtsarR:ment:5 for thebu~d~~ tOTkSt~t1G'~'iDTl. ~ CC7iri~~C.t~ 5u~m1ti2.1, x~ie~v and appx~aval prQCe55 far the drir~kdr,g watir wou~u~k plat ~villbe req~tit-ad whr~ ~rau ge to t~,s ~~~. ~~=au l~~~e ~y fir qu~cros please carar~ci ~,°. art {9~a} 248-7~.~. S~ cc~ely, ~:~ K3~u~~ ~.~. ]?~ ir~aa~g ~va:cr Eoginccr Tceh.~ical. ~cx~rict~ Ur~i't ~~'ater {~~ity~ Cantro~ A:vision CC: I3cb TrvLblofld, EI~R'SD, X46 T/'a~stRd.., Vzil, CO 81b5~ Stcv~ Wi~~:ou, F.~W SI3, 84G Tartest R.a., ~ra~1, Ct3 !31557 Tom Schaffer, P.~., Technical a~~.ee; Unit, ~~ QCD Cxlern Eot3uar, ~'.L-., Tecbtaieal ~CZvices Unit, Vr"QC.~ Jim Ck~ubrillo, P.'1=, I.L., ~'cc':iai.cai 5rrvicoL Ur~i,'LVQ~D . Tam Bc-unrtt, T`c~lmical 5en~ces Unix, ~~' ~ ~~ 1 APPENDIX D POSSIBLE STRUCTURAL AI~rD ~,©N-STRUCTURAL EROSIOI~T AND SEDIMENT CONTRt'~L PRACTICES .. 1 • Appendix D: Possible Structural and Non.-Structural Erosion and Sediment Control Practices Structural Erosion and Sediment Control Practices ~l Practice Drainage Swale Interceptor Dike Temporary Storm Drain Diversion Pipe Slope Drain Surface Drains Silt Fence ]1t10ffi '4~'llere Utaltzed `_ Shallow, excavated channel to intercept and divert overland flow. Temporary measure which may be lined or unlined.. May divert upslope water av~~ay from site and/or capture and divert downstream runoff from the site to a sediment tz°ap. Temporary ridge of compacted soil used to intercept and divert overland flow. Used in conjunction with Drainage SVJaleS. Temporary pipe, which routes an existing drain to a new location to accommodate construction activities. Temporary pipe to transfer runoff through and unstable area. Used in conjunction with controls listed above. Buried perforated pipe{s) used to intercept groundwater and dewater saturated soils subject to slippage or where saturated soils may prevent the growth of certain types of vegetation. Used as both temporary and permanent control measures. Temporary fence of filter fabric, with lower edge buried. Controls sediment transport, reduces speed of runoff and captures ~~Tindblown sediment and debris. Perimeter of site (full or partial}. Existing storm drain is in disturbed area. Unstable slopes where it is difficult to divert runoff around disturbed area. Excessively wet sloping soils. High water table areas. Unsuitable for shallow sails or under traveled areas. Bat~am or mid-slope locations. • • 1 e 5tornt~~~aterlErosion - Desci Control Practice - Gravel or Stone )~ilter Berm Temporary ridge of loose gravel, stone or crushed rock to slow and filter runoff f]ows within e~:posed traffic areas. StrarxT Bale Barriers Sediment Trap Sediment Basis Outlet Protection Check Dams Temporary hay or straw bales staked dawn and partially bedded in native soil. Used to slow and filter direct runoff. Temporary earthen embankment across law area or drainage swale, with ar without a small excavated basin upstream, with an uncontrolled outlet or spillway constructed of large stones or aggregate. Used, to slow the release of runoff allowing mast of silt to settle. Settling pond with a controlled stormwater release structure, Used to collect and store runoff from construction activities so that the majority of sediment sett]es out. Used as both a temporary and permanent control measure. Stone, riprap, concrete, or paved aprons below storm drain outlets used to reduce the speed of concentrated storm water flows, thereby reducing erosion and scour. Used as both temporary and permanent control measures Small temporary dams of rock, sandbags,, or lags, similar to sediment traps but of more permanent construction. Used I 1- Where Utilr'zed Gentle slopes where roads and other rights of way under construction. must accommodate traffic or at traffic areas within the construction site. Dournslope and sideslope of disturbed areas. Within drainage swales or small drainageways. Used in conjunction with and at the lower end of other control measures, such as dikes, swales, slope drains, construction entrances, and vehicle wash areas. Generally used far disturbed area greater than 5 acresin sire in conjunction with other control measures. Topograpl~y dependent. No# for use in active streams. Directly below pipe, interceptor dike, Swale; or channel section outlets and above the receiving channel. Steeply sloped swales ar small open channels. Other locations where it is not passible to divert the flaw or 2 Starm~srater/Erosion Description C+ant al Practice r to lower the speed of concentrated flows to reduce downstream erosion and allow sediments to settle out. Used as both temporary and permanent control measure. Surface Roughening Grooves, depressions, or steps that run parallel to the contours of the land, Used to reduce the speed of overland runoff. increase infiltration, and trap sediment. Used as both te.inparary and permanent control measure. Gradient Terraces and Cross- slope Water Bars Clear Water Bypass french Drains. Permanent earth embankments or ridges and channels constructed alar~g the face of a slope at regular intervals. Used to reduce erosion damage and to direct runoff to a stable outlet. Temporary pipeline used to convey water through disturbed site during construction. Permanent underground piping to dry out saturated soils. All disturbed slopes, immediately after grading activities have ceased. Specific method {grooves, steps, etc.) depends an slope, mowing requirements, and available equipment. Long, steep slopes subject to erasion problems. Not suitable for rocky ar sandy soils. Stream Crossings Wet Areas L • • ~, r Naz--Structural Erasion and Sediment Control Practices I~:. ~ I s • Temporary Seeding Permanent Seeding and Planting Mulching Geatextiles Chemical Stabilization Seeding of disturbed areas with a uniform fast grarx~ing grass mixture such as rye grass to minimize erosion during construction delays. Revegetation seeding and / or planting and fertilization if disturbed areas with a designed mixture of native plant species to provide Iong- term, permanent soil stabilization after all construction activities have been completed. Placement of grass, hay, woodchips, bark, straw or gravel aver bare or reseeded soil surfaces to reduce the speed of storm water runoff, hold seed, fertilizers, and topsail in place, and protect newly seeded areas from extreme temperatures. Porous woven fabrics of synthetic (plastic, glass} or biodegradable (jute, wood fiber, cotton} material. Used as matting to stabilize flows in channels and swales, and to protect seedlings on planted slopes. Used as netting material to hold mulch in place on seeded areas. Soi] binders of vinyl, rubber or asphalt sprayed on the soil surface to hold the soil in place - ~ ~, ~ . ~ LOCatiQI15 U~Ud Disturbed areas awaiting further construction ar permanent revegetation. Spoil piles if removal or reuse will be delayed. Topsoil stock piles. All disturbed areas. Disturbed areas exceeding 4;1 s]ope. t~isturbed areas exposed to windy moisture, or hat and dry conditions. Mulch an slopes exceeding 2.1 may require. a binder, netting, or tackit~ier to hold it in place. Any disturbed area where permanent stabilization via revegetation is desired. Channels and swales where revegetation is difficult or nat expected to be successful. Alternative to temporary seeding where temporary seeding is ineffective due to season or climate. Control Practice Description and Purpose Locations Used Sod Stabilization Buffer Zones preservation of Natural Vegetation Stream Bank Stabilization Placement of sod to provide immediate stabilization or to provide areas where storm water can infiltrate to the ground. Vegetative strips either newly planted or left undisturbed during construction. Used to decrease the overland velocity of storm water runoff. Existing trees, brush, vines, and grasses that provide natural, permanent buffer zones and long-term stabilization. Placement of permanent riprap, gabions, concrete, lag cribbing ar asphalt to prevent stream bank erosion from high storm water runoff volumes and flow rates. Any disturbed area that might erode and where long lived plant cover is needed immediately. Examples include bugger zones, stream banks, dikes, swales, outlets, and filter strips. Any site that can support vegetation. particularly suitable next to wetlands, along stream banks and on steep, unstable slopes, Any site. Particularly beneficial for floodplains, wetlands, stream banks, steep slopes, and any area where erosion controls would be difficult to establish, install or maintain. Streambanks subject to heavy erasion from increased slows or disturbance during construction.; or where vegetative stabilization is not practical. • Attachment: G THIS ITP1V1 MAY AFFECT Y©UR PRQPERTY PUBLIC NOTICE NC?TICE IS HEREBY GIVEN that the Planning and ~Enviranmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6 of the Vaii Town Gade on, Qctober 27, 2pQ3, at 2:00 P.M. in the Town of Vail Municipal Building. In consideration af: A request far a setback variance pursuant to Section 12-6D-6 Setbacks, Vail Town Code, to allow for a garage addition, located at 1956 West Dare Greek Drive/Lot 45, Vail Village West 2"d Filing. Applicant: David Irwin Planner: Matt Gennett A request for a sign variance pursuant to Section 11-4B-20, Window Signs, and Section 11-4A- 1, Signs Permitted in Zone District, Vail Town Code, to allow for additional signage for Bagart's Bar and Bistro, located at 143 East Meadow Drive, Unit 165 (Crossroads}/Lot P, Block SD, Vail Village 1st Filing. Applicant: A. Luc Pols Planner: Matt Gennett A request for a conditional use permit, pursuant to Section 12-6H-~, Conditional Uses, Vail Town Code, to allow for a public utility and public services use, located at 501 North Frontage Road (Solar Vail Condominiums}I Lat 8, Black2, Vail Potato Patch 1 s~ Filing. Applicant: Nextel, represented by Glen Klocke Planner; Warren Campbell A request for a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vaii Town Cade, to allow far a public utilities installation, located at 545 North Frontage Raad (Red Sandstone Elementary Schaol)IPart of Lot 8, Block 2, Vail Potato Patch 15 Filing. Applicant: AT&T Wireless Services, Inc. Planner: Warren Campbell A request for a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow far the replotting of property boundary amendments, located at 2965 & 2975 Manns Ranch Raad, Lots 5 & 6, Black 1, Vail V1IIage 13th Filing. Applicant: Clinton J. Kendrick, represented by Segerberg, Mayhew, and Associates Planner: Bill Gibson A request for conditional use permit, pursuant to Section 12-71-5, Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lat and Parking Structure Design Standards far All Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at 862 South Frontage Road WesUUnplatted, ~A complete me#es and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant: VaiE Resorts Planner: Elisabeth Eckel `Q`~~o~ ~ `~ 1 ~~ "~R r c A request for a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Town Cade, to allow for the platting of the ski-way trac# and four hots at the Lionshead tennis court site and a rezoning pursuant to Section 12-3-7, Administration, Vail Town Code, from Agriculture and ©pen Space zone district to PrimarylSecondary Two-Family Residential zone district to allow for the construction of residential dwelling units an the four proposed lots and from Agriculture and Open Space zone district to Outdoor Recreation zone district to allow far the ski lifts, taws, and runs located at 61S West Forest RoadfUnplatted (A complete metes and bounds legal description is available for review at the Town of Vail Communi#y Development Department), Applicant: Vail Resorts, represented by Braun Associates, lnc. Planner: Warren Campbell A request far a minor subdivision pursuant to Chapter 13-4, Minor Subdivision, Vail Tawn Cade, #o allow for the replotting of Lot 31 and Tracts C & D, Vail Village 2"d Filing; a request to rezone of 31 and Tracts C & D, Vail Village 2"d Filing from Outdoor Recreation (QR) and Lionshead . ,.Mixed Use 2 ~LN1U-2} zone districts to the General Use (GU) zone district; and a request for a nditional use permit pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow far the operation of a water and sewage treatment plant and a public parking facility and structure, located at 84~ West Forest Road/Lot 31 and Tracts C & D, Vail Village 2"~ Filing. Applicant: Eagle River Water and Sanitation District, represented by Braun Associates, fnc. Planner; Bill Gibson 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 Vai[ Community Development Department office and the site visits that precede the publie hearing. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (97©) 479- 235~i, Telephone for the Hearing Impaired, for additional information. This notice published in the Vail Daily on October 10, 2003. • _- s', ~; I~ 2 f Vail Resorts SnowCat Access Adjacent Property Owners List Septernher 20113 TOWN OF VAIL 75 SOUTH FRONTAGE ROAD VAIL, CO 81657 ADAM, NANCY SHAPIRO 4975 E PRESERVE GREENWOOD VILLAGE, CO $©1.24 SMITH, JUSTINE H. 43 SOUTH SHORE CT HILTON HEAD ISLAND, 5C 2992$ G. LOVEI~T LLC 934 S FRONTAGE RD VAIL, C©$1657 VAIL CORD POBOX7 VAIL, CO $165$ j WESTHAVEN REALTY LLC 1127 LAKE AVE GREENWICH, CT 06531 GLEN LYON OFFICE BUILDING Cro ANDREW D. NORRIs 1000 S FRONTAGE RD W STE 200 VAIL, CO 81657 I U.S. DEPARTMENT ~7F AGRICULTURE FOREST SERVICE 24747 U. S. HIGHWAY 24 IVIl~TTURN, COS 1645 • .~,~ 1w`~~' ,~ Eagle River Water and Sanitation District Adjacent Property Owners List September 2003 • TOWN OF VAIL 75 SOUTH FRONTAGE ROAD VAIL, CO 81657 ADAM, NANCY SHAPIRO 4975 E PRESERVE GREENWOOD VILLAGE, CO 8124 S1~IITH, JUSTINE H. 43 SOUTH SNORE CT HILTON HEAD ISLAND, 5C 29928 G, LOVEN LLC 9~4 S FRONTAGE RD VAIL, CO 81657 VAIL CORD PO BOX 7 VAIL, COS 1658 j • • ~' ~ s • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 27, 20D3 SUBJECT: A request for a conditional use permit pursuant to Section 12-7A-3, Vail Town Code, and a major exterior alteration pursuant to 12-7A~12, Vail Town Cods, to allow for modifications to the existing fractional fee club and a restaurant addition; and a request for a building height variance pursuant to Chapter 17, Vail Town Code, to allow for dormer additions, at the Vai! Mountain Lodge and Spa, located at 352 E. Meadow Drive /Tract B, Vai! Village 15t Filing. Applicant: Vail Mountain Lodge LLC, represented by Braun Associates, Inc. Planner: George Ruther I. SUMMARY The applicant, Vail Mountain Lodge, represented by Braun Associates, Inc., is requesting a major exterior alteration, conditional use permit, and building height variance to allow for modifications to the redevelopment of the Vail Mountain Lodge. Upon review of the proposed redevelopment plans, the Community Development Department is recommending denial of the applicant's request for a building height variance and approval with modifications of the reques#s for a major exterior alteration and conditional use permit. II. DESCRIPTION OF THE REQUEST The applicant, Vail Mountain Lodge, represented by Braun Associates, lnc., is requesting a major exterior alteration, conditional use permit, and building height variance to allow for modifications to the redevelopment of the Vail Mountain Lodge. The applicant is proposing to modify the March 2flfl0 approval allowing far the redevelopment of the Lodge. According to the applicant, the requested modifications to the previously approved plans are necessitated by the state of the economy/market. The Vail Mountain Lodge is located at 352 East Meadow Drive at the intersection of East Meadow Drive and Vail Valley Drive. The proposed modifications to the redevelopment of the Vail Mountain includes maintaining twenty (2fl) accommodation units (27 approved}, constructing seven (7) fractional fee club units (8 approved), constructing six (6) dwelling units (4 approved), constructing five (5) employee housing units (no change), and reconfiguring the size of the restaurant and health club in the Lodge. With the exception of a building height. variance request to accommodate a new partial fifth floor to the Lodge, the applicant is proposing to redevelopment the existing lodge in accordance with the development standards prescribed for the Public Accommodation zone district. .~ ~ i To accommodate the relocation of accommodation units within the Lodge, the applicant is proposing to add a new partial fifth floor to the Lodge. The new floor will be added to the north side of the Lodge in the center portion of the building. To accomplish the addition of the new floor, a building height variance has been requested. The proposed building height in the area of the accommodation unit addition varies from 60 to 65 feet in height above existing grade. The Vail Mountain Lodge is currently non-conforming with regard to the maximum building height limitations. The major elements of the redevelopment proposal include: • The completion of the final phase of the renovations to the exterior of the building. The approved renovations introduce a new architectural style for the building. The proposed improvements to the exterior include a combination of stone,. wood siding, stucco and timbers. The new architectural style is more in keeping with the goals of the Vail Village Master Plan and Urban Design Considerations. • A complete remodel of the interior of the hotel, The remodel to the interior includes a newly designed restaurant and bar, lobby, front desk, health club and meeting space. • Modifications to the existing accommodation units {20}. • The creation of a fractional fee club operation. The proposed club will .include a total of seven {7} fractional fee club units. The size of the club units varying between two and three bedroom units. Operation of the club will be in accordance with the provisions outlined in Chapter 16 of the Zoning Regulations. • The addition of four {4}, new free-market, for-sale condominiums. The new condominiums will be located on the top floor of the hotel. There are two dwelling units existing in the hotel. • The construction of ane, new on-site employee housing unit. The new unit will be in addition to the four units already on-site. As a result of the proposed remodel each of the existing employee units will be remodeled and upgraded, The on-site units will provide deed-restricted housing for up to ten {10} employees. • The implementation of the suggested streetscape improvements along Vail Valley Drive and East Meadow Drive. • A restaurant addition to the east side of the bui]ding. A copy of the applicant's written description of the proposal and a reduced set of plans has been attached for reference (attachment A}. Ili. BACKGFi©urva November 1993 -The Vail Town Council approved Ordinance No. 27, Series of 1993, establishing Special Development District No. 30, Vail Athletic Club. The establishment of Special Development District No. 30 allowed for up #0 52 accommodation un"rts, 4 dwelling units and 4 employee housing units. The total allowable GRFA was 32,282 square feet with an additional 17,000 square feet permitted for restaurant, club, lobby, etc. The underlying zoning for the property is Public Accommodation January 1996 -The Vail Town Council approved Ordinance No. 2, Series of 1996, amending the Approved Development Plan for Special Development District No. 30. The amending ordinance increased the number of allowable accommodation units to 55 2 and increased allowable GRFA to 34,5D5 square feet. There was no change to the number of dwelling units or employee housing units. March 1997-The Planning & Environmental Commission approved a minor amendment to Special Development District Na, 30. The minor amendment allowed for modifications to the parking garage, restaurant, common areas and the balconies and decks of the accommodation and dwelling units. May 4 1999 -The Vail Tawn Council denied Ordinance No. 12, Series of 1999, amending the Approved Development Plan for Special Development District Na. 3(7. Had it been approved, the amending ordinance would have permitted an a reduction in the number of accommodation units from 54 to 46 and increased the number of dwelling units back to four as originally approved. October 1999 -The Vail Tawn Council approved Ordinance No. 23, Series of 1999, amending the prescribed development standards far the Public Accommodation Zane District and establishing a revised development review process. The approved amendments, in part, increased allowable GRFA to 15Q% of the site area, increased site coverage from 55% to 65%, eliminated AU's/EHU'sfFFU's from the density calculation, and changed the definition of a "lodge". The building height, landscape and parking requirements remained unchanged. March 2QOa -The Town of Vail Planning & Environmental Commission approved a request for major exterior alteration and conditional use permit to allow for the redevelopment of the Vail Athletic Club & Spa {a.k.a. Vail Mountain Lodge). Since that time, the applicant has implemented two phases of the redevelapment process. A third and final y phase remains to be completed. IV. APPLICABLE PLANNING DOCUMENTS Title 1 ~, Zoning Regulations "The public accommodation district is intended to provide sites far lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical faciGtr'es, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same district and compatible with adjacent land uses. 7'he public accommodation district is intended to ensure adequate light, air, aspen 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. °' 12~7A-3: CONDITIONAL USES: {in part) The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the previsions of chapter 1 S of this title: 3 "Fractional fee club units as further regulated by subsection 12-16-7A8 of this • title. " 12-7A-7: HEIGHT: "For a flat roof or mansard roof, the freight of buildings shall not exceed forty five feet (45'). For a sloping roof, the height of buildings shall not exceed forty eight feet X48',1 "' 12-7A-14: MITIGATION OF DEVELOPMENT IMPACTS: "Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts maybe determined based on reports prepared by qualified consulfants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, sfreetscape improvements, stream fract/bank restoration, loadingr'delivery, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/developmentprojects which produce substantial off site impacts." 12-7A-15: ADDITION OF GROSS RESIDENTIAL FLOOR AREA TO EXISTING PA PROPERTIES: "For any gross residential floor area added to a public accommodation roved property following the effective date hereof, a mr`nimum of seventy percenf (70%) of the added gross residential floor area shall be devoted to accommodation units, or fractional fee club units subject to the issuance of a conditional use permit. This limitation shalf not apply to gross residential floor area being added in accordance with sections f2-i5-4 and 12-15-5 of this title." Vail Village Master Plan According to the Vail Village Master Plan, Action Plan, the Vail Mountain Lodge is located within the East Meadow Drive Sub-area (5-1 ). The only recommended action in the sub-area is the completion of the streamwalk. The streamwalk has long since been completed. lUo further improvements are required. Pursuant to the other elements of the Master Plan, the Vail Mountain Lodge is located in the periphery area surrounding the Village (Land Use Plan), already exceeds the conceptualized height (Conceptual Building Height Plan), has no negative impacts an the proposed open space of Vail Village (Open Space Plan}, and fronts r~pon a street devoted to accommodating both vehicular and pedestrian traffic (Parking and Circulation Plan). Goals for Vail Village are summarized in six major goal statements. The goal 4 l 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 have been identified: Goal #~I Encourage high quality redevelopment whiffle preserving the unique architectural scale of the Village in artier to sustain its sense of community and identity. 1.1 Objective: Implement a consistent Development Review Process to reinforce the character of the Village. 1.1.1 Policv: 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 o€ residential and commercial facilities. 1.2.1 Policv: Additional development may be allowed as identified by the action plan as is consistent with the Vail Village Master Flan 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 Policv. 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 econamiic health and viability for the Village and far 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 Policv: 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 shod-term, overnight accommodations.. 5 f 2.3.1 Policv, 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 far short-term overnight rental. 2.4 Qbiective: Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 Policv: Commercial infil! development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. 2.5 Ubiective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.5.1 Policv: 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 Policv: 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 Policv: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. 2.6.3 Policv: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. Goal #3 To recognise as a #op priority the enhancement of the walking experience throughout the Village. 3.1 Objective: Physically improve the exis#ing pedestrian ways by landscaping and other improvements. 6 3.1.1 Policv: Private development projects shall incorporate streetscape improvements {such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways.. 3.1.2 Policv: Public art shall be encouraged at appropriate locations throughout the Town. 3.1.3 Policv: Flowers, trees, water features and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. 3.2 Qbiective: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. 3.2.1 Policv: Vehicular traffic will be eliminated or reduced to absolutely minimal necessary levels in the pedestrianized areas of the Village. 3.3 CJbiective; Encourage a wide variety of activities, events and street life along pedestrian ways and plazas. 3.3.2 Policv: Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. 3.4 Obiective: Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access. 3.4.1 Policv: Physical improvements to property adjacent to stream tracts shall not further restric# public access. 3.4.2 Policv: Private development projects shall be required to incorpora#e new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and/or Recreation Trails Master Plan. Goal #~ To preserve existing open space areas and expand green space opportunities. 4.1 Obiective: Improve existing open space areas and create new plazas with green space and packet parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.3 Policv: With the exception of ski base-related facilities, existing natural open space areas at the base of Vail Mountain and throughout Vail Village shall be 7 preserved as open space. Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout tike Village. 5.1 Objective: Meet parking demands with pubiic and private parking facilities. 5.1.1 Policv: For new development that is located outside of the Commercial Core 1 Zone District, an-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the Zoning Cade. 5.1.5 PolicvT 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 Paiicv: The Town shall facilitate and encourage the operation of private shuttle vans outside of the pedestrianized core area. 5.3 Objective: Concentrate the majority of interconnecting transit activity at the periphery of the Village to minimize vehicular traffic in pedestrianized areas. Goal #~G To insure the continued improvement of the vital operations[ elements of the Viilage. 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 utilities within the context of an aesthetically pleasing resort setting. 6.2.1 Policv: 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. 6_,2,2 Policv: Minor improvements (landscaping, decorative paving, open dining decks,. etc,), may be permitted on Town of Vail land or right-af-way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation. are able to be maintained at current levels. Special design {i.e heated pavement), maintenance fees, or other • • • • • considerations may be required to offset impacts on Town services. V. ZONING ANALYSIS Address: 352 East Meadow Drive Legal Description: Tract B, Vail Village First Filing Zoning: Public Accommodation zone di strict Land Use Plan Designation: Vail Village Master Plan Hazards: NIA Lot Area: 29,749 sgaare feeU0.68 acres Development Standards Allowed Prooased Lot Area (min.): 10,000 sq. ft. 29,749 sq. ft. of buildable area of buildable area Setbacks: As indicated on the As indicated on the approved development approved development plan plan Building height (max.): 4$' fior sloping roofs 60' to 65' Density Gontrol: (du's/ac) 17 du's or 25 du'slac 6 du's or $,8 du'slac (GRFA~ 44,624 sq. ft or 150% 33,518 sq. ft. or 113% Site Coverage: 20,$24 sq. ft. or 70% 18,521 sq. ft. or 62% Landscaping and Site Development: 8,924 sq. ft. or 30% 9,225 sq. ft. or 31 Parking/Loading Pion and Program: 22 spaces 22 spaces (no change) VI. SURROUNDING LAND USES Land Use Zonina North: Vail Village Master Plan Ceneraf Use South: Cjpen SpacelPark outdoor Recreation East: Residential Public Aecornmodation West: Residential Public Accommodation VII, CRITERIA FOR REVIEW AND FINDINGS Maiar Exterior Alteration 9 The development review process for the proposed modifications to the redevelopment of the Vail Mountain Lodge is established in the Town of Vail Zoning Regulations. According to Section 12-7A-12, Vail Town Code, `The construction of a new building or the alteration of an existii2g building shall be reviewed by the Design Review Board in accordance with Chapter t t of the Zoning Regulations. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, any project that adds mute than ~,OpO square feet of commercial flour area or common space, or any project which has substantial off-site impacts f`as determined by the Administrafor) shall be reviewed by the Planning & Environmental Commission as a major exterior alteration In accordance with this Chapter and Section 12-3-6 of the Tawn Code. " Staff has determined that this request is a major exterior alteration, since the redevelopment application includes an increase in the number of dwelling units, and changes to the number of approved accommodation units. and fractional fee club units. Section 12-7A-13, Compliance Burden, Vail Town Code, prescribes the criteria for review and consideration of a development review application for a major exterior alteration. According to Section 12-7A-13, Compliance Burden, "!t 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 fhe neighborhood, and that the proposal substanfially complies with other applr'cable elements of the Vail Comprehensive Plan." The applicable elements ofi the comprehensive plans and the relevant. planning documents have been summarized and outlined in Section IV of this memorandum. Upon review of the applicable elements of the comprehensive plans and the relevant planning documents of the Town of Vail, the staff has determined that the proposed major exterior alteration ar modification to the Vail Mountain Lodge is in substantial 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 Town of Vaii Streetscape Master Plan, and the Vail Comprehensive Plan. Staff does find, however, that the proposal does negatively alter the character of the neighborhoacf. Specifically, staff finds that the proposed improvements will maintain the unique character of the Vaii Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment however the increased building height and associated bulk and mass will have negative impacts on the character of the neighborhood and surrounding uses. The proposed improvements, with the exception of the proposed increased building height, ensure adequate light, air, open space, and other arnenities appropriate to the permitted types of buildings and uses in the vicinity. Staff believes that the increased building height on the north side of the Lodge is not in compliance with the Town's master plans and the proposed plans should be modified to eliminate the need for the building height variance. Further, through the implementation of the required off site improvements which have largely been completed during the earlier construction phases of the redevelopment tQ project, the proposed major exterior alterations further the goals and objectives al' the Vail Village Master Plan, the Town of Vail Streetscape Master Plan, and the Town of Vail Transportation Master Plan; each of which is an element of the Vail Comprehensive Plan. Again, with the exception of the proposed building height increase and additional bulk and mass above the maximum height {imitation, staff believes that the proposed improvements substantially comply with recommendations outlined in the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations, to include, but not be limited to, the fallowing urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis, i=urther assurance of such will result through the final review of the proposal by the Tawn of Vail Design Review Board. Conditional Use Permit Chapter 16, Conditional Use Permit, Vail Town Cade, outlines the criteria and factors for consideration when evaluating a request far a conditional use permit. Pursuant to Section 12-7A-3, Conditional Uses, Vail Tawn Code, fractional fee club units, as further regulated by subsection 12-16-7A48) of the Zoning Regulations, are allowed as a conditional use in the Public Accommodation zone district A. Consideration of Factors: Before acting an a conditional use permit application, the Planning and Environmental Gommissian (PECK shall consider the factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives at the Town. In January of 1997, the Vail Tawn Council adopted Ordinance No. 22, Series of 1996. In part, this ordinance amended the Public Accommodation Zone District allowing fractional fee clubs as a conditional use and set forth criteria for the Commission to consider when evaluating such a request. Since that time the Austria Haus Club redevelopment project has been completed and the Gore Creek Club has been approved by the Town, The Austria Haus contains 28 fractional fee club units and the Gore Creek Club has been approved to construct 66 units. The applicant is requesting the issuance of an amended conditional use permit to allow for the operation at a fractional fee club within the Vail Mountain Lodge. The proposed club would be comprised of 7 two and three bedroom club units. According to the applicant, the ownership of the club units will meet the minimum requirements of fractional fee club units in terms of intervals Through the adoption of Ordinance No. 22, Series of 1996, the Town further recognized the need for lodging alternatives for our guests and visitors.. In passing the ordinance the Town Council found that quality fractional fee clubs are an appropriate means of increasing occupancy rates, maintaining and enhancing short-term rental availability and diversifying the resort lodging market product within the Town of Vail. Equally as important, the Council believed that fractional fee clubs were simply another of many forms of public accommodations. It has been a long held belief that in order far the Town to remain competitive and an the leading edge of resort development, that alternative lodging opportunities must be created and creative financing vehicles for hate) redevelopment must be implemented. 11 Staff believes that the conditional use permit for a fractional fee club within the Vail Mountain Lodge will be beneficial to the Town and will have a positive impact on the development objectives of the Community. Staff is concerned, however, that the when compared to the previous approval to the amended application which proposed to reduce the number of accommodation units from 27 to 20 and maintains approximately the same number of fractional fee units creates an imbalance in the ratio of au's to ffu's. Sta#f believes that this may not be the most adwantageous direction for the Town and its development objectives, however, the proposal does comply with the prescribed zoning regulations. 2. The effect of the use an light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Sta## believes that this proposal will not have any negative impacts on the above described review criteria. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that this proposal will not have any negative impacts on the above described review criteria. 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 beiieves that this proposal will not have any negative impacts on the above described review criteria, S. Prior to the approval of a conditional use permit for atime-share estate, fractional fee, fractional fee club, ar 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 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 (east as much accommodation unit GRFA as fractional fee club unit GRFA. The Vail Mountain Lodge proposal is a redevelopment of an existing hotel. The proposed hotel shall be required to maintain an equivalency of the presently existing number of accommodation units. The applicant is proposing to meet the equivalency requirement by replacing an equal number of accommodation units. According to information an file in the Community Development Department 20 accommodation units exist today. The applicant is proposing to replace and/or remodel the existing units with 20 new hotel rooms in reconfigured areas within the Lodge. 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. 12 No lock-off units are proposed. c. The ability of the proposed project to create and maintain a high level of occupancy. The fractional fee club component of the Vail Mountain Lodge proposal is intended to provide additions! "hotel-type" accommodation units in the Town of Vail. The applicant is proposing to incorporate 7 member-owned club units fractional fee club units), with 2D existing accommodation (hotel} rooms Through staff research on the fractional fee issue in 1996, staff identified several potential positive impacts of fractional fee units in the Town of Uail; A) Activity during the "shoulder seasons" tends to increase due to an increase in year-round occupancy; E~) The attraction of revenue-generating tourists; G) The efficient utilization of resources. This is the "warm beds" concept; Dj More pride of ownership and community buy-in with fractional flee club units than with accommodation units; E) Increased levels of occupancy; and F) Increased resort exposure due to the extensive number of interval owners. Staff believes these potential positive impacts are still true today. d. Brnployee housing may be required as part of any new or redevelopment fractional fee club project requesting density ever 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 staff included the fractional fee club units into the calculation of the employee generation resulting from the proposed major exterior alteration and conditional use permit requests. Based strictly on the number of club units, the development will generate a need for 7 "new" employees.. When the multiplier of 0.30 is factored in, 2.1 of the `"new" employees which the developer must provide deed-restricted housing for, are generated by the fractional fee club. e, The applicant shall submit to the Town a list of all owners of existing units within the project or building; in written statements from 140% 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 by the owner more than 60 days prior to the date of filing the application for a conditional use. The applicant, VML, L.L.C., and represented by Braun Associates, Inc., has written Legal authority to act on the behalf of the owners of the property. Igo other written approval is required. 13 Building Height Variance Chapter 17, Variances, Vail Town Cade, outlines the criteria and factors for consideration when evaluating a request for a variance from the Zoning Regulations. Pursuant to Section 12-7A-7, Height, Vail Town Code, the maximum allowable for a sloping roof, the height of buildings shall not exceed forty-eight feet {48'). The applicant is requesting a variance from Section 12-7A-7, Height, Vail town Code, to allow for a building of up to sixty-five feet {65') at the Vail Mountain Lodge. Consideration of Factors Reaardina the Heiaht Variances: The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff believes that the requested variance, if approved, will have negative impacts on the existing and potential uses and structures in the vicinity of the Vail Mountain Lodge. In March of 2x00, the property owner and the Planning and Environmental Commission addressed the possible negative impacts of additional building height at the Vail Mountain Lodge. In addressing the possible negative impacts, the applicant amended the proposed developmen# plan by reducing the height of the front entry tower to maintain the 48-foot height limitation, relocating dormers on the northerly side of the Lodge, and redesigning chimneys and other architectural projections were to minimize any negative impacts that they may have an the existing and potential uses in the vicinity of the Vail Mountain Lodge. Ironically, many of the very revisions that were made to the plans In 2000, are now being proposed as amendments to the approved development plan for the redevelopment of the Vail Mountain Lodge. Staff believes that the applicant successfully demonstrated in 2000, that the Lodge could be redeveloped without creating negative impacts on surrounding uses in the vicinity of the Lodge, and therefore, the requested building height variance should be denied. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity ar to attain the objectives of this title without a grant of special privilege. Upon review of the proposed plans, staff finds that the applicant is requesting more relief from the enforcement of the building height limitation regulations than is necessary to achieve compatibility and uniformity of treatment among site in the vicinity and that a granting of the requested variance will result in a grant of special privilege. In reviewing the proposed plans, the applicant is requesting that eh new. accommodation units be constructed with eleven foot {11'~ floor to ceiling dimensions. All other accommodation units in the Lodge have nine and one-half foot or less room height dimensions. S#aff believes that the proposed room height is excessive given the need for a building height variance and at a minimum the applicant should be required to lower the height of the building to lessen the amount of relief requested from the height limitation. Additionally, Staff believes that no extraordinary circumstance and exceptional conditions exist on the property. Therefore, Staff believes this proposal, if 14 approved, will constitute a grant of special privilege inconsistent with the limitations on other properties in the same zone district- 3. The effect of the requested variance on light and air, distributiion of population, transportation and traffic facilities, public facilities and utilities, and public safety. Stafif believes that the proposed building height will have a negative impact on the distribution of light and air in the surrounding area due to the increased building height and the additional bulk and mass of the structure. Staff does not believe that there will be a significant impact on the public health, safety or welfare, public facilities, utilities, or fight and air in comparison to existing conditions on the site. 4. Such other #actors and criteria as the commission deems applicable to the proposed variance. D. The Planning and Environmental Commission shall make the fallowing findings before granting a variance: 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. ~. 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 literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Vlll. STAFF RECOMMENDATION Building Height Variance The Community Development Department recommends denial of the applicant's rettuest for a building height variance to allow for the redevelopment of the Vail Mountain Lodge, located at 3~2 East Meadow Drive. Staff's recommendation of denial is based upon the review of the criteria outlined in Section Vll of this memorandum and the 15 evidence and testimony presented. Should the Planning & Environmental Commission choose to deny the building height variance request, staff recommends that the Commission make the following findings, "That the building height variance request fails to comply with the criteria as outlined in Seofions VI! of this memorandum. Specifically, the Commission finds that the granting of the variance will result in a grant of special privilege inconsistent with the building height limitations placed on other properties and that no practical difficulty, exceptional or extraordinary circumstances, or physical hardships exist fhat warrants fhe granting of the variance. Maior Exterior Alteration & Conditional Ilse permit The Community Development Department recommends approval with modifications of the applicant's request for a major exterior alteration and conditional use permit to allow for the redevelopment of the Vai9 Mountain Lodge, located at 352 East Meadow Drive. StafYs recommendation of approval with modifications is based upon the review of the criteria outlined in Section VII ofi this memorandum and the evidence and testimony presented. Should the Planning & Environmental Commission choose to alaprove with modifications the major exterior alteration and conditional use permit requests, staff recommends that the Commission make the following findings, "That the major exterior alteration and conditional use permit requests comply '~ with the criteria as outlined in Section VII of this memorandum. Specifically, the Commission finds that the requesf for the conditional use permit furthers the development objectives of the Town and that the proposed location of the use and fhe conditions under which it wi11 be operated will not be materially injurious or detrimental fv fhe public health, safety and welfare of fhe properties or improvements in the vicinity of the Vail Mountain Lodge. Additionally, the Commission finds that the proposal compiles with the applicable provisions of the Zoning Regulations and that the location of the fractional fee club use is in accordance with the purpose of the Public Accommodation zone district. " ~6 ~a.il M+a~urxta.i~ Lode .~#ppl~ccitions far Mujor Exterior A~ Iteration, Condzt~'onacl ~TTse Permit, Var~ia~tce, ~ ~7esir~-~n lleview Septeuib~r 2003 • • {`~ ~ ~ ~~ r~ y e i ~ #g J e ,._ _ .. .. ,. _- ,k r + • Vail Mountain Lvd.ge A~~lieatior~s for Ma jor ~xtexiox Altera trorx, Co~ditr`o~~l Use Pex1~.~it, Varia~.-ee, ~~~ .I)'esigrl Review Report Prepared $y: Braun Associates, Inc. P.Q. Box 2658 Edwards, Colorado 81632 97Q-926-7575 ? C Table a£ Contents Page I. Introduction 1 A. Summary of Request l k3, Key Clements of the Proposal ~ II. Detailed Project Description and honing Analysis 3 A. E:cisting Conditions -Prior to Redevelopment 3 B. ivfarch 2001 Approval -Current Approval '~ C. Proposed Uses and Program 4 I7. honing Analysis `~ E. Parking Detail ~ 10 F. Miti};ation of L}evelopment Impacts III. Conditional TJse Criteria for Amendment to p'ractianal Pee Club 11 IV. Variance Cnitesia €oa Building ~Ieight 14 V. Comprehensive Plan !Goals and Direction 16 Exhibit A - GRF~ Analysis 22 • T. Introduction A. Sumrrt~ry ofRer~uest The owners of the Vail Mountain Lodge (Viti1J_) are proposing to modify the approved redevelopment plans far the property. The V~iL was approved in March of 2DD4 for a wholesale redevelopment of tl~e property. Construction was commenced in the summer of 20D0 and has progressed until present. i4~fany of the more significant and aesthetic improvements to the building and site have already been completed. The partially completed project chat exssts today, despite not being completed, is a significant improvement over what existed on this site 3 years ago. The proposed plan will give some finality to the redevelopment of this project. During the process of redevelopment and due to the state of the economy/market it has become quite clear to the owners that the proposed mixture of uses and an overall program could not be economically successful. Instead of moving forurard with a project that was doomed to fail, the owners stopped short of completing the project and re-evaluated the program. This pause allowed the owners to refine the program and. come back to the Town with a project that will be successful. The proposed program is to maintain a total of 20 hotel rooms, create 7 fractional fee club units ($ approved in March 24D1), 4 new dwelling units (in addition to the 2 privately owned units which exist in tlae building), and ~ employee housing units (as approved in 2D4D). The project also maintains the health club and spa facility. The restaurant is being reconfigured and the outdoor dining area is proposed to be enclosed with a roof and glass walls. The majority of the public improvements required of the project in 2DDD have been completed. ~1ny additional site improvements will occur in this final phase of construction. The owners believe that the proposed program will be highly successful and can be completed in one phase beginning next spring (2044) and completed by Christmas (2044), Vail 14fountain l,ocfge -Major Exterioz tLlreration I3raun tlssociat€s, Inc. 1`lewly renovated lobby area • B. .Key Elements afthe Proposal Ivey elements of the. plan include: • Upgrading of a premier hotel and spa property. • Improved live beds added to V+xil's lodging inventory. • Employee housing provided within the Tourn of Vail. • Extensive design enhancements to the interior and exterior of building. • Implementation of the Town's streetscape plan for this area of town. • V;ai] t~fauattain 9.odgc - Major Excesor r'ilteration Braun Associates, Inr. Tarra Bistro Restaurant e ~ i IX. Detailed Project Descri tion and Zonin Anal sis P g Y A. Existing Conditions ~- Prior to Redevelopment In I~larch of 2000 a wholesale redevelopment of the 'Vail Mountain Lodge was approved and construction was initiated. Subsequently, in March of 2001 the plans were slightly modified for a change in the program. In order for the current PEC to have a firm understanding of the project and the conditions that existed prior to the redevelopment, the pre- redevelopment conditions are provided for the site. Prior to March 2000, the Vail Mountain Lodge {aka Vail Athletic Club) was comprised of 20 hotel rooms, 7 hotel-awned dwelling units, 2 private condominiums (owned by others and not part of the redevelopment applications of past or present), a 2,500 sy. ft. restaurant, a spa and health club of 20,346 sq. ft., 2 meeting rooms, and 4 employee housing units (not deed restricted). T'he pre-2000 development is summarized in the table below- Use TInirs Sq. ft. Dwelling Units (private) 2 private condos 4,579 s.f. Dwelling Units (Hotel owned} 7 hotel owned 6,772 s.f AU's 20 7,962 s.£ Employee Housing Units 4 1,288 s.f. Restaurant Seating Area n/a 2,494 s.f. Spa/Health Club n/a 20,346 s.£ Ibleeting Rooms 2 3,209 s.f. 13. March 2001 Approval -Current Approval In Nfareh of 2001, the I'EC approved the redevelopment of the Vail Mountain Lodge. That approval allowed 27 hotel rooms, 8 fractional fee club units, and 2 new dwelling units (for a total of 4 onsite, 2 of which are privately held}, The approval also included a total of 3 employee housing units.. The approval also reduced the restaurant sq. ft., reduced the health club sq. ft., and reduced the meeting room sq. ft. from the existing development found onsite. The approval required that the building be remodeled on the exterior and included offsite improvements. The off-site improvements included a heated sidewalk on the north side of East Meadow Drive {across the street from the hotel}, heating of the sidewalk on the east side of the building (along Vail Valley Drive}, re-facing to the pedestrian portal to the parking structure with stone, and adding a spur to the streamwalk and a public bench. tall off-site improvements have been completed to-date elccpt for the heating of the sidewalk on the ti aiJ i4~lountain Locl~e -~ l'fajar Exterior ,1leerarion Braun Associates, Inc. ~ r r east side of the building and the installation of the bench along the spur trail. 't'he two uncompleted improvemen¢s will be completed in this phase of the peoject. The following table summarizes the 11Flarch 2001 redevelopment approval: Use iJni.ts Sc~. ft. Dwelling Units (private) 2 private condos 4,579 s.f. Dwelling Units (new units) 2 5,494 s.f. FFU's 8 11,948 s_f AU's 27 13,667 s.f. Employee Housing Units 5 1,479 s.f. Restaurant Seating Area n/a 2,372 s.f. Spa/Health Club n/a 18,552 s.f. lvl_eeting Rooms 1 611 s.f. C. Proposed Uses and Program 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. + l-lotel rooms -use by right • Fractional Pee Club Units -conditional use {arrtendment required) • Dwelling units -use by right ~ Restaurant -use by right + Spa facilities -use by right + Employee Housing Units -conditional use (previously approved) 2. Project Program The proposed program is to maintain a total of 20 hotel rooms, create 7 fractional fee club units, 4 new dwelling units (in addition to the 2 privately owned units which e:cist in the baulding), and 5 employee hauling units (as approved in 2000). The project also maintains the health club and spa facility (19,829 sq. ft. proposed). The restaurant is being reconfigured and the ouedoor dining area is proposed to be • Vail Mountain Lodge - Majcsr Exterior tUterauon 4 ~raurs rlssaciates, Inc. a a enclosed wirh a roof and glass walls. The ne~v restaurant enclosure is 443 sq. ft. and the total seating area of the restaurant is proposed to be 2,914 sq. ft. • Upgrades made to Spa Facility Dvrelling Units Of the four new dwelling units proposed, one has been sold and is occupied {Unit #C = 3,843 sq, ft.), That unit is Iocated on the third and fourth floor on the west end of the building. Another unit exists as a shell space on the third and fourth floors on the east end of building (Unit #D = 4,785 sq. ft,). Botl-~ of those units were approved in the 2D4! approval, although Unit #D is larger than originally planned. Units #E and #F are the two proposed additional dwelling units. Unit #E is located on the second floor on the west end of the building. That unit is proposed at 1,435 sq. ft. Unit #F is located on the first floor and the lower level of the building in tivhat vas pre~Yiously restaurant area and vacant space. That unit is proposed at 2,342 sq. ft. • Vail Cv1c>untain >;o~ige- l~iajor E~teric~r illrera[ir_Sn F3raua Associates, Inc. 1 ~ Fractional ~~~ ('[uh units ~F`F 's The plan includes 7 FFU's. Four of the FFU's are currently constructed on the property and have been sold. These existing FFU's are located on the second and third level of the building. C)ne additional FFU is proposed for the second level at~d two others are proposed on the first floor. The ~OOI approval allowed far a total of $ FFU's and since the current proposal reduces that by one unit, an amendment to the conditional use permit is required. • Employee Hou.si.r c~ T_Tai1ts As with the original approval, five employee housing units are proposed on the first floor of the building with a total sq. ft, of 1,657 sq. ft. Accommodation units Prior to any redevelopment of the building there were 20 hotel roams in the building. The proposed plan maintains the same number of hotel roams, but increases the square footage (785.$ sq. ft.) of hotel rooms as well as greatly improves the quality of the rooms. The proposed number and sq. ft. of accommodation units complies with the definition of lodge. C 'Vail ?rinuntain Lodge - ~fajnr L',xterior Alteratir~n Braun Ass©eiates, Inc. Significant improvements to guest accommodation k 4 r 3. Design Changes The 2000 approved plans for the Wail Mountain Lodge included a major facelift and renovation to the exterior of the. btitilding. The approval included adding dormers within the roof forms, new building additions such as the entry tower and the tower at the south east corner of the building, and upgrading the exterior building materials. The exterior building materials were improved by adding wood, stare, and copper to a predominately stucco structure.. A significant portion of the exterior improvements to the building have been completed. Over the past 3 years there have been design modifications to the original design that have been approved by the Design Review Board. These design changes have enriched the design of the building, line of the more significant changes to the design concept has been the departure from the use of shed dormers as the predominate dormer feature to the use of a gable dormer. Upon viewing some of the finished shed dormers on the building, the Design Review Board suggested moving in a slightly different direction and has encouraged the owner to use gable dormers in future phases. We have followed that direction to-date and with this current proposal. The proposed plans only modify the design of what was approved in two areas of the structure- 111 other areas are either completed or the original plan is proposed to be implemented, as with tale south elevation of the building. The two areas being modified by this application are the middle section of the north elevation and the proposed dining deck enclosure on the east side of the building. s Vail Mountain Lodge -Major Exterior Alteration $raun Associates, Inc. +/ 1 Y The middle section of the north: elevation is the fu7a1 section of chat elevation to be renovated. Seven shed dormers and. three gable dormers were originally planned for the third and fourth .Floors of the builduig. The proposed elevation 4vi11 add two gable dormers to the Fifth story, one gable darmer and three new windows to the fourth story, and one new gable darmer to the third floor.:~dditionally, an elevator rawer element is proposed on this elevation. The proposed design changes will simplify the design of the building and reduce the design impacts of the seven shed dormers. The 2000 approved plan for building included an outdoor deck on the east. side of the building. The dining deck was completed in the ftrst phase of the redevelopment, The restaurant gets very little use of the dining deck due to its location on ~e east side of the building and the seasonal nature. of outdoor seating in Vail. The proposed plan includes asingle-story enclosure with a flat roof for this dining area. The addition is proposed as a glass facade which can be opened in the warm summer months sa that the outdoor dining experience is still maintained. The remainder of the facade is stone to be consistent with base of the building in other areas. The improvement will not only improve the restaurant environment but also enhance the appearance of the east elevation of the building. • i -.. Vail 1Wlourstain L~d~e -14Tajor L,arerior A.lterarion Lir:LUn Assoeiaees, Inc. 'r ~ r • D. Zarung AnalySlS Zoning: Public Accommodation Lot Area: 0.68 acres or 29,749 sq. ft. Standard Allowed /Rern~ired Density 17 DUs (25/acre) AEU's unlimited F'FU's unlimited ~RFA overall project 44,623.5 sq. ft. (150%) ivew GRFA 70J30 split Parking Site Coverage (max} Landscape Area (chin} Setbacks 5,635.14 sq, ft. DU 22 spaces per variance 20,524 sq. ft. (70°f°) 8,924 sq. ft. (30%) Subject to l'EC Review Stream Setback E. Parking I]etail 50' Prc~t~osed 6 DUs (8.8/acre) 20 AU's (esusting maintained} 7 FrU'S 33,517.$ sq. ft. (113%) (18,783.8 sq. ft, new GRFA) 13,150.1 sq. ft. AU/FFU 5,633.7 sq. ft. DC.i 22 spaces (requirement reduced) 15,521 sq. ft. (62%} 9,224.8 sq. ft. (31 ~~°) Refer to development plan 50' + Parking ~.~ariances were, granted 20+ years ago allowing the 22 valet parking spaces that exist on the site today. Therefore, when reviewing changes to the building, the Town code requires that the net change in the uses generating parking be evaluated. The proposed chaiYges to the builduig result in a net reduction in parking demand as shown in the following table: • Use N„tnlier nr S~: fr. Multiplier Parking Spaces Du-eliing Units =net decrease of 3 ututs @(1.4f unit} _ - 4.2 sgaces 1~FUs ~ net increase of 7 units @(0.?/unit) = + 4.9 spaces 1/HIJs =net increase of 1 unix r~(1.4/unit) _ + 1.d spaces 4leetin~ rooms =net decrease of 3,2Q9 sq. tt. ~a7(1 /] Ut10 sq, ft.) _ - 9.? sgaces 1•.{,CSCaUrant =net increase in scatisx~ area of 42() sy . ft. (r~(1/25{7) = + 7.6$ sgaces `T'otal Chanfc in Parking Space Ttequiresncnt = - 5.92 spaces ~I'aiY iVlnuntain [.cjdge - iVlajor F,Ytcrior lllteration Braun .%lssociatcs, Inc. F. Mitigation of Development Impacts The PA zone district requires that the Planning and Environmental Commission to consider impacts of a development on roadways, pedestrian-ways, and the provision of employee housing. Tlie PEC may determine that mitigation is necessary due to the impacts generated by the development or redevelopmene project. any ntigation required must have a direct relationship to the degree of impaet proposed. The VML redevelopment, as proposed, will have a net decrease in impacts to the area due to the changes to the program (reductions in meeting room space, health club area, and dwelling units). Below is a list of improvements proposed to mitigate any impact of this project on the community. 1. Streetscape Improvements + Sidewalks around the building are heated ox will be heated by VML • The sidewalk across Meadow Drive from the hotel. was rebuilt and heated by V1~LL • The entry to the parking structure across i~-Ieadow Drive from the hotel was stone faced and repainted by ~Jcv1L • The crass-wall at the intersection of Meadow Drive and Vail Valley Drive was widened and reconstructed by Vh~IL c, Stream Traet Improvements • A spur of the stream tract path is proposed to be provided per previous approval • h new bench along this new spur path is proposed to be prov-ided per previous approval • geed control and restoration to the Town's stream tract south of the building was completed per the previous approval 3. Employee Housing While the Town does not have a codified provision for requiring the provision of employee housing, the property owner recognizes the need to house employees. The calculation is based on the Town's methodology for deternvning employee impacts. The results of the formula are based on the net changes being made to uses on the site which result in no requirement for employee housing. However,.. five employee units are being provided as per the previous approval. Use Number or Sc~. ft. Multiplier Employees Rcstauxant/Lounge = 420 scl. [t. seating added (u (5/#OOU scl, ft.) - 2.] emplor,•ees `Meeting rt>oms = -3,209 sq. ft. removed G{1/#000 sq. fi.) _ -3.2 employees I.oLI}~ing (AUfFF[J) _ + new FFUs/no change in AU's cr (.23/wait) = 1,75 employees Multi-Family = 4 units - 7 units demolished (net decrease of 3 1?Us) (c~(.4/unit) _ -1,2 employees Spa use = -517 scl. ft. removed (7(].25/1000 sel. ft.) _ -0.64 employees 'fatal Employees = -119 (net decrease in employees} • Vail 14iti~untain Lodge - ;Major ];xterior Alteration 11) BraLtn ASSQCIateS~ lnC. Z~I. Conditional Use Cziteria for Ainendxxaent to Fractional Fee Club Before acting on a conditional use permit application, the Planning and Environmental Commission ~1'EC) shall consider ehe factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the Town. OurAnal~1sis: 13e Planning and Environmental Commission has approved a conditional arse permit on this propert}~ on tn~a prior occasions (in 2©0(J and 2Q09). In 200Q the PEC approved 7 fractional fee club arnits and in 200! the 1'EC approved 8 fractional fee clash units. "I'he current proposal is to allow 7 FFUs avithin the harilding. The ~ra~iased fractional fee clr~h mill allow the Vail iVtoarntuin Lode to rerrovcrted and upgraded as we!! as provide live beds mithin the Torvn. These actizzties implerrrent the goals and objectives of tfie Torvn. The proposed aase mill hey to irnprave the econorrry and the aesthetics 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. Garr Anal~~.si.r.• The proposed amendment to the fructiorrul fey clarb mill hove no i.~r~iuct on the a6ave criteria as it :vill act to redarce irrrpucts to these crzteaza. 3. Effect upon traffic with particular reference to congestion, autarnotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. fur Analvsi.c• The proposed arrtendment to tie fractional fee club gill have na imfiact on the above criteria as it wild act to reduce impacts to these criteria. 4. Effect upon the character of the area in which the proposed use is to be locaxed, including the scale and bulk of the ptaposed use in relation to surxounding uses. (7arrAnalysa's.• The proposed urraendment to the jractional fee clash avrll have pro arrlpact on the above critena us it mill uct to reduce impacts to these criteria, The addition of fractional fee clash units to the building will have na irrrpact an the hsrlk and scale of the fiarddirg gauen tl~eir location in the existing basildin,~. • Veal D-fountain Lridge - i4Ltjoe I~sterior Alteration 11 Braun tlssc~ciates, Inc. 5. Prior to the approval of a conditional use permit for atime-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 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 shaIl provide at least as much accommodation unit GR)~1°~ as fractional fee club unit GREjA. nut /l nalvsis_ The Vail,Ylountuin Lodge is~bmtzding an equivalent' of accammodaiion arnits by pmviding an egarul narmber of arnits as exist today itt the barilding (20~ and by increasing the amaaant of GBFA within accarnmaclatian arnits. b. Lock-off units and lack-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.. Clur Analvsis.• No lock-oj~'sgarure footage taus used in the cage:rlatian of the cquivalettcy. c. The ability of the proposed project to create and maintain a high Ievel of occupancy. 47ur Analvsis.• The proposed~rnject which inclardes dttlella'tag units, fructzonul fee club srnits and accorramodatian units will be operated us u hotel fueility. The~raposed fractional fee elrrb till hey to irra~hrove the Deco purvey levels of the hotel due to the nature of the ownership and the ability for the hotel to rent arnits when not in arse y the atvner. d. 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. C)atr~I ncrlvsis.' Five errrployee haarsing arnits are~raulded within the pro~iosed project Tire density of the ~iraposed project is within the I'A bane district lirrritutions. The errrplayee haarsing units are provided even thaargh the Totvn't farrraulu would not regarire such ,units 6e restricted • Vai] Mountain Lod~?e -Major Exterior tllteration 12 Braun Ass©ciates, Inc. r ~ t • e. The applicant shall submit to the Town a list of all owners of e:tisting units t~,~irhin the project or building; in written statements from 1fl0°fo of the owners of existing units uidicating their approval, wirhout condition, of the proposed fractional fee club. No written approval shall be valid if it is signed by the owner more than 6fl days prior to die date of E`iling the application for a conditional use,. OsrrAnalvsis.• 7'he applicant, 1/~1T~ LLC., hrrs written lc~ulnrrthanly~ to act on the fiehalf of the owners of the properly. IVa other ~vrittert apprnva! is recjtrirer~ • • Vail ~+.~tountau~ Lode - iVlajor Exterior Alteration >3raun Associates, Tne. 13 i t ~ ^ IV. Variance Criteria for Building Height Before acting on a variance application, rile Planning and Environmental Commission shall consider the following factors with respect to the requested variance: a. The relatianslup of the requested variance to other existing or potential uses and structures in the `~icinity. Cur Analvsis: "I'bezbroposed amendmen# to the a~rpraved~lan treater eery building muss within the existing roof foran on the ttarth side of the Vuil Mountain Lodge. The improvements ore belarv the ride elevation of the existing building. The exz.rtirrg Vail Mountain Lodge building exceeds building height in the urea of the pra~ased improvements. Ther fare any Hero roof forms ore also in excess of the Tarun's bztilrling height limitations. The~ra~osed improvements zyillgreutly enhance the oyerull aesthetics and uppeca! of the exz.rting building ryhile hazzng little visaral im~5act on the conerr~unity. The Vail ~~Iazrntain Lodge is located in an area that was devela~red prior to the current Tozvrr deyelo~rment and building height standards. Far exurrrple, the neighboring strrrclxrre, the Maarntain Haas, ryas canstrzrcted prior to the building height standards and is canstnected far in excess of the 4f~' building height limitation. The ltifountain Haas also exceeds the height of the Vuil.r'v£ourztain Lodge. 71~e pra~osed variation is nogreuter thhan that allazyed at the r~Torrntain Hardr and as the minimarm variation needed to achieve consistency ayith neighharing ~rraperties and to achieve the goals of the Vail Land Use flans and other Town master~ilanning documents. b. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve eornpatibility* and uniformity of treatment annong sites in the vicinity, or to attain the objectives of this title without grant of special. priwnlege. C7ur Analysis: The degree of relief~5ro~ased is the rninimrtm necessary to attain the olj'ectives of the Vail Village Muster Plan, Urban Design Grride Plan, and the Vail Village Design ~'onsiderutions. The ~rapased variance aril! allaay an e:eisting building that is in excess of building height to be redevela~eu'. I~edevela~ment of exx'sting and dated barildings benefits the entire cor,~amrrnity by improrrirrg the fare safety conditions, imlhroanng the aesthetics conditions, and improving the economic base of the carrrrrrzrnity. The height allowed by this variance is egaral to or less than that existing orr the adjacent 14`laarntain Haur rite. There is no grant of special privilege with the proposed application. Vail ;+rlountain >:.adge - iVfajor Exterior Alteration 1$ Braun Associates, Inc. c. The effect of the re9uested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utiLides, and public safet~r. C7ur Analvsis~ The proposed variance quill have minimal, if any, adverse sect on the above criterion. ,S'ince the proposed improvements are located below the primar~-+ roof ridge of the beeilding, are located on the north side of the barilding, and ure l©cated ~,vithin the e~cisting roof farm, there will he little, if and; impact to light and air to paehlic and private properties arjacent to the .rite. The proposed i.~zpr-avements will allaev three additional hotel moms producing a te,~jrporay popeelatian of ap~roxirrrute G persons. This minor increuse in papaelatian will have little ir.~rpact are public facilities, tran.portatron, orpublicsafety. • • Vail i41au~~tain .Lodge - i1~lajor Exterior Alteratipn 15 I3ratu~ Associates, Ine_ Y V. Comprehensive Plan Goals and Dixeetiion 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 6y 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 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 bc: protected as the Town grows.. 7.3 1 hhe tliaality of develafiment should be maitat~ined and apgraded ivlaeneverpossible. 1.4 The original theme of the old Village Core sho~rld be carried into neiv development in the Village Care thma~gh continued imfslementation of the Urban Design Guide Plan. f.12 Vail should accommodate ,most of the additionalgronrth in existing developed areas (infzll areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2. 51dcr/Tourist Goncems 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 3. Gornmercial 3.1 The hotel bed base should be preserved and s~sed more ~cient~P. 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 bc: discouraged. 3.4 Commercial3ro~uth should be concentrated in existing commercial areas to accorrrmodate bath local and visitor needs. Vail Mountain I.~odge - 34lajtrr Exterior t>.Iteratiun 1 b Braun ~ssoeates, Inc. • 4. Village Core/L.ionshcad 4. A Fzatsrre coanrreerciaf developmetrt shozrld contitzare to occzer~ri~*nurily in existing commercial ur~as. Fzrtzrre comrnerciul develo/iment in t}ae Core areas needs to he ccrrefirlly controlled to facilitate access acrd delivery. 4.2 Increased density in the Care areas is acceptable so long as the existing character of each area is presented through implementation of the Urban Iaesign 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 eonnection between the Village Core and Lionshead should be enhanced through: a) Installation of a new type of people mo~rer. b} Improving the pedestrian system with a creatively designed connection, oriented touu and a nature walk, alpine garden, and/or sculpture plaza. c) 1'vew development should be controlled to limit commercial uses. 5. Residential 5.l additional residential growth should continue to occur primarily in e~cisting, platted areas anti as appropriate in new areas where high haLards do not exist. 5.2 ~arality three-share zrnits should be accommodated to hep ~e p occzpancy rates u~i. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the 'Town of Vail, vrith appropriate restrictions. S,4 I~esidentialgrolvth sf~ozrld ~eeeb pace with the marketplace derrfands far a full range of bozr.srng ~+pes. ~S TIJe existing empl.~ayee-hozrsing base should be j>reserved and zr~gracled. Additional errrployee haztsing needs sbozeld be accommodated at varied sites thrnzrghout the commzrnity. B. Vail Village Master Plan lVVMP2 1. Land Use Plan The Land Use Plan found in the VVI4lP recommends medium/high density residential uses for this site. The proposed plan is consistent with these designations. Vail iV~IoutatauZ Loti~e - ~~ajor 1~Mxterior Altcratir~n - 17 Braun Associates, Inc. Y 2, Open Space Plan The open Space Plans make no reco~nrnendation for this area. 3. Parking and Circulation Plan The Parking and Circulation Plan identifies access routes and sidewalks adjacent to the V11~lIs property. All recommended improvements have already been provided. 4. Action Plan Policy 5-1 recommends the completion of the streamwalk that has already been completed in this area. 5. Goals Goals for Vail Village are summarized in six major goal statements. The Baal statements are designed to establish a framework, or direction, for future development. of the Village. The goals, clang 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 Encaurage high quality redevelopment urhile preserving the uni9ue architectural scale of the Village in order to sustain ies sense of community and identity. • 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 Obiective: Encourage the upgrading and redevelopment of residential and commercial facilities. d 2.l Policy: Additional development may be allowed as identified by the action plan as is consistent with the Vail Village ~viaster Plan and Urban Design Guide Plan, 1.3 {~?bjective: Enhance new development and redevelopment through public improvements done by private developers working iti cooperation with the Town. l.~i.d 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 Obiective: Recognize the variety of land uses found in the 10 sub-areas throughout the Village and allow far development that is compatible with these established land use patterns. Vail Mountain Lodge -Major IJxterior tllteraric ~n 1 S Iixatuz Associates, Inc. Y ~ . 2..1.1 Policv: The zoning code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. 23 Obcective: Increase the number of residential units available for short-term, overnight accommodations. 2.3.1 Pnlicv: 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. far short- term overnight rental. 2.4 l7biective: Encourage the development of a variety of new commercial activity w~hcre compatible with existing laud uses. 2.4.1 Policv; 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 C~biective; Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.5.1 Policv: Recreanon 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 Polio 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 Qbiective: 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 ~.vays 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 ~;gays. • ~'aii i~4c~unrain Locl,~e - Major Exterior A]teration ] 9 Braun Associates, Int. y~ 3. l .2 Policy: Public art shall be encouraged at appropriate locations throughout the Town. 3..1.3 Policy; Flowers, trees, water features and other landscaping steal! be encouraged throughout the Town in locations adjacent to, or visible from, public atcas.. 3.2 Obiective: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. 3.2.1 Policy: Vehicular traffic will be eliminated or reduced to absolutely minimal necessary levels in the pedestrianized areas of the Village. 3.3 (7hjective: Encourage a wide variety of activities, events and street life along pedestrian ways and plazas.. 3.3.2 Policy: Outdoor dining is an important streetseape feature and shall be encouraged in commercial infiJl or redevelopment projects. 3.4 Objective: Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access. 3.4.1 Policy: Physical improvements to praperty 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 acid 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. 4.1.4 PoLicv: Open space improvements including the addition of accessible green space as described or graphically shown. in the Vail Village Master Plan and/or Urban IDesign Guide Plan, will be required in conjunction with private inf~l or redevelopment projects. Veil 141ountain Lodge - ~fajar exterior Alteration 20 Braun Associates, Inc. i • Goal #~ Increase and irnprave the capacity, efficiency and aestheues of the transportation and circulation system throughout the Village. 5.1 C)biective: 1'vieet parking demands with public and private parking facilities. 5.1.1 Policv: Far new development that is located outside of the Commercial Core 1 Zone District, on-site parking shall be pro~rided (rather than paying into the parking fund) to meet any additional parking demand as required by the Zoning Code. 5.1.3 Police: Seek locations for additional structured public and pri~~•ate parking spaces. 5.1.5 Policv: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. 5.2 ~biective: Bncaurage the use of public transportation to nunimize the use of private automobiles throughout Vail. 5.2.2 Policv: The Town shall facilitate and encourage the operation of private shuttle vans autside of the pedestrianized core area. • Goal #6 To insure the continued improvement of the vital operational elements of the Village. 6.1 (7hjective: Provide service and delivery facilities for existing and new development. C2 (~hieetive: Provide for the safe and efficient functions of fare, police and public utilities within the context of an aesthetically pleasing resort setting. 6.2.1 Policv: 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. r: Vail r44auntain Lc>c3ge - 4lajor Hxterior Alteration I3raurs Associates, Inc. 21 .. ~ Exhibit A Vail Mountain Lodbe GR)i"A Analysis September 2003 F.F.U.#1 (Upper Level} F.F.U. #2 ~F,F.U. #3 F.F.U. #4 F.F.U. #5 F.F.U. #6 ~F.F.t1. #7 f Total Fractional Fee Units jExisting Fractional Fee GRFA INew Fractional Fee GRFA ~Accommgdation Units A.U. #1 _ A.U. #2 A.U. #3 ~A.u. #4 A.U. #5 A.U. #kG A.U. #7 -- A.U. #8 A.U. #9 A.U. #10 - A.U. #11 ~A.u. #12 A.U. #13 A.U. #14 A.U. #15 A.U. #16 A.U. #17 A.U. #18 A.U. #19 A.U. #2D Total Accommodation Units Existing Accommodation GRFA New Accommodation GRFA Dwelling Units D.U. #C D.U. #D D.U. #E D.U. #F Total bwelling Units f Existing Dwelling Unit GRFA jNew l3welling Unit GRFA Total New GRFA Percent new DU GRFA Overall Total GRFA 1, 891.gD 1, 297.D4 2,080.10 1, 316.00 1, 886.00 2,056.70 1, 837.50 12, 36+3.30 12,364.30 GRFA 344.30 340.3D 4D7.sD 351.20,. 461.SD 434.BD 475.40 ' 421.70 53D.30 395.2q 442.50 444.OD j 444.50 'I 4x8.20 452.40 536.1D 438.80 44$.6D 469.70 464.2q 8, 747.80 7, 962.Oq 785.80 GRFA __ 3,843.gq 4,765.00 1,435.10 2,342.60 12,40§.70 6,772.00 5, 833.74 16,783.80 30% 33,517.80 • • Vail Mountain Lodge - i4fajor Exterior r~lterlrion 22 13Laura 11tiSC}CIBCCS, IE1C. MEMORANDUM TO: Planning and Environmental Commission FRAM: Community Development Department DATE: October 27, 2003 SUBJECT: A request for a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow far the platting of the ski-way tract and four fats at the Lionshead tennis court site and a rezoning pursuant to Section 12-3-7, Administration, Vail Town Code, from Agriculture and Open Space zone district to PrimarylSecondary Two-Family Residential zone district to allow for the construction of residential dwelling units on the four proposed lots and from Agriculture and Upen Space zone district to Outdoor Recreation zone district to allow for the ski lifts, tows, and runs located at 615 West Forest RoadlUnplatted (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Warren Campbell L SUMMARY The applicant, Vail Resorts Development Company (VRDC), represented lay Braun Associates, Inc., has requested a meeting with the Planning and Environmental Commission to present the revised proposed plans for the Lionshead Tennis Court Site redevelopment. The applicant is requesting action on the proposed preliminary plat which subdivides the existing Lionshead tennis court site into four lots and is served by a private road and the ski-way, which are a portion of an unplatted tract located at 615 West Forrest Road. In addition, the applicant is requesting action on the proposed rezoning of the Lionshead tennis courk site from Agriculture and Open Space district to Two-Family Primary/Secondary district and the proposed rezoning of the ski-way from Agriculture and Open Space district to Outdoor Recreation district. Based upon staffs review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Departmenf recommends approval of the proposed preliminary plat and the proposed rezonings of the Lionshead tennis court site and the ski-way subject to the findings and conditions noted in Section IX of this memorandum, II. I?ESCRtPTION CIF THE REQUEST The applicant, Vail Resorts Development Company {VRDC), represented by Braun Associates, Inc., is requesting review of a major subdivision pursuant to Chapter 13-3, Major Subdivision, Vail Tawn Code, to allow far the platting of the ski-way tract (Tract X on the proposed preliminary plat) and four residential lots at the Lionshead tennis court site and a rezoning pursuant to Section 12-3-7, Administration, Vail Town Cade, from Agriculture and Qpen Space district to Primary/Secondary Twa-Family Residential district to allow for the construction of residential dwelling units on the four proposed residential Vats and from Agriculture and Open Space district to Outdoor Recreation district to allow for the ski lifts, tows, and runs located at 815 West Forest RoadlUnplatted. A vicinity map is attached far reference (Attachment A). Specifically the applicant is requesting action on the proposed preliminary plat for the platting of the four residential lots and the ski-way. In addition, the applicant is requesting action an the proposed rezoning of the Lionshead tennis court site firarn Agricultural and Open Space district to Two-Family PrimarylSecondary district and the proposed rezoning of the ski-way from Agricultural and Open Space district to outdoor Recreation dis#rict. The proposal to rezone the ski-way was not presented at the September 22, 2003, worksession. It was determined in the days following the meeting that by subdividing and piatting the four lots and the ski-way that the resulting lots would not meet the minimum requirement far lot sizes of 35 acres required by the existing Agricultural and Qpen Space district. After discussion between staff and the applicant it was proposed by the applicant to rezone the ski-way from Agricultural and Open Space district to Qutdoor Recreation district. The outdoor Recreation district does not have a minimum lot size requirement and it provides for a much more limited lisf of permitted and conditional uses most of which are more closely aligned with the current uses of a ski-way than the permi#ted and conditional uses listed in the Agricultural and Open Space district. A reduced copy of the proposed Lionshead tennis court site and ski-way plat is attached for reference (Attachment B). A more sample#e description of the various components of the project is provided in an exert canceming this site from "Lionshead Redevelopment: Lionshead CoreMrlest aaa LotlTennis Court 5itelNorth Darr Lot", dated July 7, 2003, which has been attached for reference (Attachment C~. lll. BAGKGROUNI7 On September 22, 2003, the applicant, VRDC, represented by Braun Associates, Inc., participated in a worksession with the Planning and Environmental Commission. At that meeting a presentation was given on the many proposed projects which VRDC will be submitting regarding the redevelopment of Lionshead. After a brief overview the proposal the applicant focused the remainder of the worksession of the proposed plans for the Lionshead tennis court site. At that work session there was public comment regarding the proposed plan. Several of the comments regarded the proposed rezoning and the existing zoning. One resident whom lives on West Forrest Road spoke to the 2 removaC of the walking path which was used in the past to access the tennis courts, That individual expressed concern over the removal of the path as i# is "quite important". Staff has received several letters from concerned citizens since September 22, 2003, regarding the removal of the walking path to the tennis courts. Those letters are attached far your reference (Attachment D). Also at the September 22, 2003, worksession there was great cancers expressed aver the proposed platting of the Town awned stream tract which is located to the east of the Lionshead Tennis Court Site and the ski-way. The platting of the stream tract was proposed by the applicant at the request of the Tawn. The Town has agreed to remove the proposal to plat the stream tract from this application. Staff has performed some research regarding the history of the stream #ract to the east of the Lionshead tennis court site and the ski-way. The Town was given the stream tract with a metes and bounds description with no official plat, which was determined to be acceptable by the Town legal council at the time. Soon after accepting the metes and bounds described lot the Tawn Council under Section 13.11, Designating Open Space, Vail Town Code, es#ablished the designation of open space for the stream tract. Under Section 13.11, Designating Open Space, Vail Town Code, the only method it which that open space designation can be changed is by vats of the registered voters within the Town. The Agricultural and Open Space district zoning, which the stream tract parcel is zoned, has a minimum requirement of 3S acres and restricted permitted and conditional uses. The large lot size combined with the restricted uses allows far a great deal of open space to remain intact in a development situation. Staff has great confident that the platting and rezoning of the ski-way and four residential lots does sat cause the stream tract, which is defined by metes and bounds, to became more non-conforming with this application. The applicant has agreed to assist the Tawn in bringing an application for the platting of the stream tract forward in the near future. At the request of the Planning and Environmental Commission staff has included portions of the Lionshead Redevelopment Master Plan in Section V of this memorandum. Staff has included Chapter 1, Executive Summary, and Chapter 2, Introduction, as they address the request by the Planning and Environmental Commission to have a brief review of the Lionshead Redevelopment Master Plan. Chapter 1, Executive Summary, discusses the structure of the document, the framework, and recommended actions. Chapter 2 discusses the purpose of the master plan, policy objectives, urban design principles, the study area, and the methodology. N. ROLES OF THE REVIEWING B©ARDS The purpose of this section ofi the memorandum is to clarify the responsibilities of the Design Review Board, Planning 8~ Environmental Commission, Town Council, and staff an the current applications submitted on behalf of Vail Resorts Development Company. 3 A, B. ZoninglRezoninq Request Planning and Environments{ Gommission: Action: The Planning and Environmental Commission is advisory to the Town Council. The Panning and Environmental Commission shall review the proposal and make a recommendation to the Town Gouncil on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Gomprehensive Plans, and impact on the general welfare of the community. Design Review Board: Action: The Design zoning/rezonings. Review Board has na review authority on Town Council: Action: The Town Council is responsible for final approval/denial of a zoninglrezoning. The Town Council steal! review and approve the proposal based an the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Gomprehensive Plans, and impact on the general welfare of the community. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a s#aff memo containing background on the property and provides a staff evaluation of the project with respect #o the required criteria and fndings, and a recommendation on approval, approval with conditions, ar denial. Staff also facilitates the review process. Maior/Minor Subdivision Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval, approval with conditions, or denial of a major subdivision. Specifically the code states in Section 73-3-4, Commission Review of Application; Criteria: The burden of proof shall rest with the applicanf to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning t~rdinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration steal! 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 ifs 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 4 surrounding land uses and other applicable documents, effects an the aesthetics of the Town." Design Review Board:: Action: The Design Review Board has no review authority on a major subdivision, but must review any accompanying Design Review Board application. Town Council: The Town Council is the final decision making authority for a major subdivision and adoption of easements between a private property owner and the Town. Final actions of Design Review Board or Planning and Environmental Commission maybe appealed to the Tawn 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 memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Title 'i2, Zoning Regulations. Vai! Town Code 12-3 Administration (in part) 72-3-7 Amendment: A. Prescn'ption_ The regulations prescribed in this title and the boundaries of the districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in Phis chapter. ~. lnltlati0n: 1. An amendment of the regulations of this title or a change in district boundaries may be initiated by the town c©uncil on its own motion, by the planning and environmental commission on its awn mafian, by petition of any resident ar property owner in the town, ar by the administrator. • S 2. A petition far amendment of the regulations or a change in district boundaries shall be filed on a form to be prescribed by the adminisfrator. The pefltion shat! include a summary of the proposed revision of the regulations, or a complete description of proposed changes in district boundaries and a map indicating the existing and proposed district boundaries. If the petition is for a change in disfricf boundaries, the petition shat! include a list of the owners of all properties within fhe boundaries of the area to be rezoned or changed, and the property adjacent therefo. The owners' Iisf shall include the names of all owners, their mailing and street addresses, and the Legal description of the property owned by each. Accompanying fhe list shall be stampeo; addressed envelopes to each owner fo be used for fhe mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. C. Criteria And Findings. Zone District Boundary Amendment: a. Factors, Enumerated: Before acting on an application for a zone district boundary amendment, the planning and environmental commission and town council shall consider the following factors with respect to the requested zone district boundary amendment: {7) The extent fo which the zone district amendment is consistent with all the applicable elements of fhe adopfed goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of fhe town; and {2) The extent to which fhe zone district amendment is suitable with the existing and pafentiaJ Jand uses on the site and exisfing and potential surrounding land uses as set out in fhe fawn's adopfed planning documents; and (3) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and (4) The exfent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spof zoning as the amendment serves fhe best interests of fhe community as a whole; and (5) The exfent to which the zone district amendment results in adverse or benefrcial impacts on the natural environment, ' including, but not limifed to, water quality, air quality, nor'se, vegetation, riparian corridors, hillsides and other desirable natura! features; and (6) The extent to which the zone district amendmenf is consistent with the purpose statement of the proposed zone district; and (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designafian of fhe subject property was adopted and is no !anger appropriate; and 6 (8} Such other factors and criteria as fhe commission and/or council deem applicable fa the proposed rezoning. b. Necessary Findings: Before recommending and/or granting an approval of an application far a zone district boundary amendment the planning and environmental commission and the town council shall make the following findings with respect fo fhe requesfed amendment: (1 J That the amendment is cansisfent with fhe adapted goals, objectives and policies outfined in fhe Vai! comprehensive plan and compatible with fhe development objectives of the town, and (2) That the amendment is compatible with and suitable to adjacent uses and appropriafe for fhe surrounding areas; and (3) Thaf the amendment promotes the health, safety,. morals, and general welfare of the fawn and promotes fhe coordinated and harmonious development of the fawn in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quaNty. F. Planning And Environmental Commission Recommendatr"on: Within twenty (2g) days of the closing of a public hearing on a proposed amendment, the planning and environmental commission shall act on the petition or proposal. The commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as if deems necessary to accomplish the purposes of fhis title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmit its recommendation, together with a report on fhe public hearing and its deliberations and findings, to the town council. G_ Hearing By Town Council: Upon receipt of the report and recommendation of the planning and environmenfal commission, the town council shall set a date for hearing in accordance with subsection 92-3-68 of fhis chapter. H. Action By Tawn Council: Within twenty (2C1,+ days of the closing of a public hearing on a proposed amendment, the Town council steal! act an the petition or proposal. The town council shall consider but shall not be bound by fhe recommendation of the planning and environmental commission. The town council may cause an ordinance fo be introduced to amend fhe regulations of this title or fo change district boundaries, either in accordance with the recommendation of the planning and environmental commission or in modified farm, or the council may deny the petition. If the council elecfs to proceed with an ordinance amending the regulations or changing district boundaries, or bath, fhe ordinance shall be considered as prescribed by fhe charter of the fawn. 12-8 Agricultural and Open Space (A) District (ire party 'i~ 12-8A-1: PURPOSE: The Agricultural and ~Dpen Space Uisfrict is intended fo preserve agricultural, undeveloped, or open space lands Pram intensive development while permitting 7 agricultural pursuits and !ow density residential use consistemf with agricultural and open space objectives. Parks, schools, and cerfaim 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. 92-8A-~.~ PERMITTED USES: The following uses shall be permitted in The A District: Plant and tree nurseries and raising of field, raw and tree crops. Public parks, recreation areas, and open spaces. Single-family residential dwellings. 12-8A-3:" CONDITIONAL USES: The folfowing conditional uses shall 6e permitted, subject to issuance of a conditr"onal use permit in accordance with the provisions of Chapter 16 of this Title: Any use withim public parks, recreation areas, and open spaces which involves assembly of more than two hundred {2Q0) persons Together in ~~ one building ar group of buildings, or in one recreation area or other public recreational facility. Cemeteries. Churches, rectories, and related structures. Low power subscription radio facilities. Private golf,, fermis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools and colleges. Semipublic amd institutional uses, such as convemts amd religious retreats. Skr lJfts and taws. Type 11 employee housing omits (EHU) as provided im Chapter l3 of this Title. WeJI water treatmenf facility. 1 ~-6D Two-Family Primary/Secondary Residential {PS) District 72-6D-1: PURPOSE: The fwa-family primary/secondary residential districf is intended fa provide sites far single-family residential uses or Two-family residential uses in which one unit is a larger primary residence amd the second unit is a smaller caretaker apartmemt, together with such public facilities as may appropriately be located im the same districf. The two-family primary/secondary residential district is Jnfended fa ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residemtr'al qualities of such sifes by establishing appropriafe site development standards 72-6D-2: PERMITTED USES: The following uses shall be permitted.' Single-family residential dwellings. Twa-family residential dwellings. Type I employee housing unif as provided in chapter 93 of this title. 92-6D-3: CONDITIONAL USES: The following conditional uses shall be permitted, subjecf to issuance of a conditional use permit in accordance with the provisions of chapter 96 of this fide: Bed and breakfast as further regulated by Section 92-94-18 of this tifle. Home child daycare facility as further regulated 6y section 12-14-12 of fhlS fide. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilifies. Public utility grad public service uses. Ski lifts and fowl. Type ll employee housing unr`f asset forth in chapter 93 of this title. 12-6D-4: ACCESSORY USES: The following accessary uses shall be permitted: Nome occupations, subjecf to issuance of a home occupation permit in accord with fhe provisions of chapter 94 of this title. Private greenhouses, tool sheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-famr'ly and two-family residential uses. Other uses customarily incidental and accessary to permitted or conditional uses, and necessary for the operation thereof. 12-8D-5: LOT AREA AND 51TE DIMENSIONS: The minimum lot or site area shall be fifteen thousand (15,000} square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing a square area, eighty feet (80) on each side, within its boundaries. 12-6D-6: SETBACKS.: In the primary/secondary residential district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be fifteen feet (95'}, and the minimum rear setback shall be fifteen feet (95'}. 12-6D-7: N,EIGHT: For a flat roof or mansard roof, fhe height of buildings shat! not exceed thirty feet x(30'). For a sloping roof, fhE height of buildings shall not exceed thirfy Three feet ~33')- 12-6D-8: DENSITY CONTROL: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots Less than fourteen thousand (14, 00(1) square feet. 12-6D-9: SITE COVERAGE: Site coverage shall not exceed Twenty percenf (20°0) of the total site area. '~ 92-6D-10: LANDSCAPING AND SITE DEVELOPMENT: q Af least sixty percent {6Q /) of each site shall be landscaped. The minimum of any area qualifying as Landscaping shat! be ten feet (7g) {width and length) with a minimum area not less than three hundred (30a) square feet. 12-6D-19: PARKING: Off-street parking steal! be provided In accordance with Chapter 9D of this Title. 12-8: Outdoor Recreation District 92-88-7: PURPOSE: The Outdoor Recreation Districf is intended to preserve undeveloped ar open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. 92-SB-2: PERNII TTED USES: The following uses shall be permitted in the OR District' Bicycle paths and pedestrian walkways. Interpretive nature walks. Nature preserves. Passive outdoor recreation areas and open spaces. 92-88-3: CONDITIONAL USES: The following condifiona! uses steal! be permitted, subject to Issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Accessory buildings (permanent and temporary) and uses cusfomarily incidenfal and accessory fo permitted or conditional outdoor recreational uses, and necessary far the operation thereof, including resfrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equesfrian trails, used onfy to access National forest system lands. Public parks and active public outdoor recreation areas and uses, excluding buildings. Ski tiffs, tows and runs. Well water treatment facilities. ~2-88-4: AGCESSORY USES: The fallowing accessory uses shall be permitted in the OR District: Accessory uses in the OR Districf are subjecf to conditional use permit review In accordance with fhe provisions of Chapter 16 of this Title.. 72-88-5.• LOT AREA AND SITE DIMENSIC7NS: Not applicable in the OR District. 92-88-fi: SETBACKS: fn fhe OR Districf, the minimum setback shall be twenty feet (20) from all property lines, except as may 6e further restricted by the Planning and 1 {l Enviranmenfal Commission in conjunction with the issuance of a conditional use permit in accordance with the provisions of Chapter 1 fi of this Title. 92-88-7.' HEIGI-IT.' For a flat roof or mansard roof, the height of buildings shall not exceed twenty one feet (21 ). For a sloping roof, the height of buildings shall not exceed twenty four feet (24 ). 12-88-8: DENSITY.• Not applicable in the OR District. 12-88-9: SITE COVERAGE• Site coverage shall not exceed five percent (5%) of the total site area.. 92-88-10: LANDSCAPING AND S1TE DEVELOPMENT: Landscape requirements shall be determined by the Design Review Board in accordance with Chapter ? ~ of this Title. 12-~B-1 ~: PARKING: Off-street parking shall be provided in accordance with Chapter 7D of this Tifle. 12-BB-72: ADDITIONAL DEVELOPM€NT STANDARDS: Additional regulations pertaining fo site development standards and the development of land in the Outdoor Recreation District are found in Chapter 74 of this Title. 13-2 Definitions SUBDIVISION OR SUBDIVIDED LAND; A. Meaning: 1. A fract of land which is divided info two (2) or more lots, tracts, parcels, sites, separate interests (including leasehold interests}, interests in common, or other division for the purpose, whether immediate or fufure, of transfer of ownership, or for building ar other development, or for street use 6y reference to such subdivision or recorded plat thereof, or 2. A tract of land including Jand fo be used for condominiums, time share estates, fractional fee units, or time share licenses; or 3. A house, condominium, apartment or other dwelling unit which is divided into two (2) or more separate interests through division of the fee or tifle thereto, whether by conveyance, license, lease, contract far sale or any other method of disposition. 8. Exceptions: Unless the method of land disposition is adopted for the purpose of evading this definition, the term "subdivision" as defined herein shall not apply to any of the following divisions of land or interests in lance: 1. The division of land by order of any caurf in this sfate or by operation of law. 2. The division of land by a lien, mortgage, deed of trust or any other security instrument. ~1 3. The division of land by a security or unit of interesf in any investment frost regulated under the laws of this state or any other inferest in an investment entity. 4. The division of land which creates an interest or Interests in oil, gas or minerals which are now ar hereafter severed from the surface ownership of real property. 5. The division of land by the acquisition of an interest in land in the Warne of a husband and wife or other persons in joint Tenancy or as tenants in common and any such inferest steal! be deemed far purposes of this definition as only one inferest; provided, however, that no agreement exists, either recorded or unrecorded, between the cotenants alfowing for the use and occupancy of fhe property by one or more cofenants to the exclusion of one or more cofenants during any period, whether annually recurring or not if such agreement is in any way binding or effective upon any assignee or future owner of a fractional fee interesf or if such agreement continues to be in any way binding ar effective upon any cofenanf fear the safe of any interest in the property. fi. The division of land by reason of the dissolution of a joint venture or other - business entity. C. Compliance: No subdivision shall be approved which Includes elements naf in conformance with fhe provisions of any applicable zoning ordinance or other ordinance of fhe town or law or regulations of the state. D. Major Subdivision: Any subdivr`sion involving mare fhan four (4) lots, or a subdivision proposal without all fots having frontage on a public ar approved street, or with a request fa extend municipal facilities in a significant manner, or a proposal which would negatively affect fhe natural environment as determined under section 12-12-2 of this code "Applicability" or if the proposal would adversely affect the development of the remainder of fhe parcel ar the adjacent property, "13-3 Major Subdivision (in part} 73-3-': REQUIREMENTS AIVC? PROCEDURES: The following submittal requirements and procedures apply to a major subdivision proposal. (Ord. 20983) § 1J 13-3-2: CONSULTATION REG?UIRED; PRELIMINARYREVIEW.~ The first step in the process far a major subdivision is for the applicant to request a meeting witty the Administrator to assist in meeting submittal requirements, address related zoning issues and generally give the proposal a preliminary review. (Ord. 2(1983) § 1) 13-3-3: PRELIMINARY PLAN: A. Preliminary Presentation To Planning And Environmental Commission: Consideration of a major subdivision proposal shall be formally considered with a preliminary plan presentation by fhe subdivider and/or hislher representafive(sJ to fhe Planning and Environmental Commission at a regularly scheduled meeting. This preliminary presentation shall be a public hearing according to Section 12-3- 8 of this Code. The presentation shall reflect the proposed development for an l2 entire same ownership and shalt indicate all adjacent lands owned or under option to the subdivider of the fime of subdivision. B. Submittal Requirements: Af least thirty (3Lt} days prior to the preliminary plan presentation fa fhe Planning and Environmental Commission, the subdivider shall submit at a scale of one inch equals one hundred feet (~" = 1 G-0) or larger, twelve {92} copies of each of fhe following (exceptions can be granted on individual items by fhe Qirector of Public Works or the Administrator) to the Department of Community Development: 1. The environmental impact report required. 2. A topographic survey with a north arrow, graphic scale, dimensioned fo nearest foot prepared by a Colorado registered Land surveyor, shall be submitted including the following information: a. Boundary fines. b. Preliminary proposed lots and blocks wifh numbers and sizes. c. Easements: Iocation, width and purpose. d. Proposed streefs, their widths of right of way and pavement, approximate grades in percentage and center line radii of curves; areas wifh cufs and fills exceeding six feet {6} and extent thereof. e. Utilities on and adjacent fo fhe tracf, including their type,. location, size and invert elevations of sanitary sewers, storm drainage facilifies and water mains. if utilities are not found on the tract, distance to, direction of, and size and elevations of the nearest utilities should be indicated. f Contour intervals of na less than two feet (2) if the site is two {2) acres or less; contour intervals of five feet (5) or less if the tract is more than two (2) acres, elevations fo be based on USGS datum. g. Drainage conditions on and adjacent to the tract including locatr`on and extent of watercourses, areas of i00-year flood plain {verified by a registered professional engineer in State of Colorado), perpetual drainage easements and location of natural springs and ground water. h. Existing conditions on adjacent lano': the area within two hundred feef (20U'} from each subdivision boundary should be included in the preliminary plan fa show ifs land slope percentage, zoning, location of physical improvements and land uses, owners of said property, division of property info lots ar Tracts including subdivision names and any significant natural features. The objective of showing how fhe preliminary plan interfaces with all adjoining properties and uses thereof should be met. r. Exrsfrng zoning. j. All areas of forty percent (4C11J slaps or greater, and avalanche areas indicated as shaded areas. k. Letters from all applicable ufility agencies verifying service. 1. indications showing that access to fhe subdivision is via a maintained public road. m. Soil stability analysis. 13-3-4: COMMISSIC)N 14EVlEW aF APPLiCATlOl11,~ CRITERIA: The burden of proof shall rest wifh the applicant to show that the application is in compliance with the infenf and purposes of this Chapter, fhe Zoning ©rdinance and other pertinent regulations fhaf fhe Planning and Environmental Commission 13 deems applicable. Due consideration sha11 be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-3G above. The Planning and Environmental Commission shalt review the applicafion and consider its appropriateness in regard fo Tawn policies relafing to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compafibility with the surrounding land uses and other applicable documents, effects on the aesthetics of fhe Town. 93-3-$; REQUIRED IMPR©UEMENTS: The following improvements shall be required by the subdivider unless otherwise waived by either the Administrator, Director of Public Works, Planning and Environmental Commission or Council. All improvements shall meet the design standards, Chapter 1Q of this Title: A. Paved street and parking lots. B, Bicycle and pedesfrian path linked with Town system and within the subdivision itself. C. Traffic-control signs, signals or devices. ~. D, Street fights. E. Landscaping. F. Wafer lines and fire hydranfs. G. Sanitary sewer lines. H, Sform drainage improvements and storm sewers. 1. Bridges and culverts- J. Electrical lines. K. Telephone lines. L. Natural gas lines, M. ~fher improvements not specifically mentioned above but found necessary by fhe Town Engineer due to fhe nature of fhe subdivision. 93-3-9: COMMISSIaN ACTIflN; PUBLIC HEARING: The Planning and Environmental Commission shall review the final plat and associated material and information and shall approve, approve wifh modifications, or disapprove fhe plat within twenty one (29) days of the public hearing on the final plat of the subdivision or fhe final plat is deemed approved. A longer time period for rendering a decision maybe granted subject to agreement between the applicant and fhe Planning and Environmental Commission. Vail Land Use Plan The Vail Land Use Plan was initiated in 198 and adapted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fall; To articulate the land use goofs of the Town. 2. To serve as a guide far 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 Tawn of Vail. The goals, as articulated within the Land Use Flan, are meant to be used as adapted paiicy guidelines in I4 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, bu# is intended to provide a general framework #o 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 GrowthlDevelapment 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 Care should be carried into new development in the Village Care through continued implementation of the Urban Design Guide Plan. 1.5 Commercial strip development of the Va11ey should be avoided. 1.8 Development proposals an the hillsides should be evaluated on a case try case basis. Limited development may be permitted far same law 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 environmen#, 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.~ 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 goad access. c} The affected neighborhood can be involved in the decision-making process- 1,9 National 1=arest land which is exchanged, sold or otherwise falls into private ownership should remain as open space and not be zoned far private development. • 1.5 1.10 Development of Town owned lands by the Town of Vail father than parks and open space) may be permitted where no high hazards exist, if such development 'rs for public use. 1.11 Town owned lands shall not be sold to a private entity, long term leased to a private entity ar converted to a private use without a public hearing process. 1.12 Vai! should accommoda#e most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2.0 SkierlTourist Concerns 2.1 The community should. emphasize its role as a destination resort white 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 fiaciiities fiat day skiers. 2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 2,5 The community should improve non-skier recreational options to improve year-round tourism. 2.6 An additional golf course is needed. The Town should work with the 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 ofi Vail should improve the existing park and open space lands while continuing to purchase open space. 2.8 Day skiers need far parking and access should be accommodated through creative solutions such as: a) Increased busing from out at town. b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. 3.0 Commercial 3.1 The hotel bed base should be preserved and used more efficiently. 16 3.2 The Village and Lionshead areas are the best location far hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate bath local and visitor needs. 3.5 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 Gore !Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Care areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. {scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan. feeling, environmental quality.) 4.4 The connection between the Village Care and Lionshead should be enhanced through: a] Ins#allation of a new type of people mover. b} Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, andlor sculpture plaza. c) New development should be controlled to limit commercial uses. ~.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 da not exist. b.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. • 17 5.4 Residential growth should keep pace wi#h the marketpEace demands fora 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. Lionshead Redevelopment Master Plan The Lionshead Redevelopment Master Plan was adopted on December 15, 1998 by the Vail Town Council While the Tennis Court Site does appear in the study area for the Lionshead Redevelopment Master Plan it does not make any recommendations for the site. During the development of the Lionshead Redevelopment Master Plan the Lionshead Tennis Court Site was included in within the plan; however, at the request of the public al! recommendations #or the site were removed prior to adoption. Upon review of the plan the only statement referencing the Lionshead Tennis Court Site appears in Section 3.2.6, Recreation and Open Space, which identifies it as "unattractive and visually inconsistent with the rest of The Gore Creek eorrido~'. Chapter 7: Executive Summary This chapter outlines the general structure of the Lionshead Redevelopment Master Plan and summarizes the broad goals, objectives, and recommendations contained in the document. It is intended as a general policy guide; a thorough review of the entire document is encouraged for anyone considering development or redevelopment of properties in Lionshead. Sfrucfure of the 149aster Plan Document The analysis and recommendations in this document are contained in nine chapters organized in the general headings described below. • Chapter 2: introduction The opening chapfer summarizes the purpose, policy objectives, design principles, and methodology for the two-year process that has culminated with fhis plan docurnenf. Chapter 3: Existing Conditions Assessment This chapter idenfifies and describes the existing conditions, problems, and Issues that are addressed in the master plan. Reflecting the purpose and intent of the master plan, this information provides the rationale for the improvements that are recommended in the plan. • Chapter 4: Master Plan Recommendations for the Overall Study Area This chapter discusses recommendations that apply to fhe study area as a whole„ as well as several site-specit<c recommendations that deal wifh issues of concern in the entire study area. 18 • Chapfer b: Detailed Plan Recommendations This chapter addresses individual parcels or significant clusters of parcels wifhin the Lionshead sfudy area, providing both general and specific planning and design recommendations for each area. Chapter 6: Site Design Guidelines This chapter addresses the Lionshead pedestrian environment and proposes a hierarchy of five specific pedestrian areas: 9. Primary Pedestrian Mal! 2. Secondary Pedestrian Mall 3_ Primary Pedestrian dNalk 4. Secondary Pedestrian Walk b. Vehicular Pedestrian Retail Street 6. Pedesfrian Pafh Specific planning and design recommendations are proposed for each of these five sub-environments. • Chapfer 7: Development Standards This chapter contains recommended devebpmenf standards fo set parameters for development and redevelopmenf, including gross residential floor area (GRFA), building heights, density, setbacks, landscape areas, and site coverage, and proposes a new definifion of a unit -the "lodge unit." Chapter 8: Architectural Design Guidelines This chapter outlines new guidelines specific to Lionshead that are intended to encourage a higher quality of architecture in new development as well as renovation projects, The guidelines address issues of character, building height and massing, roofs, doors and windows, detailing and materials, and the relationships between buildings and the adjacent pedestrian environment. • Chapter 9' Implementation This chapter addresses timing, phasing, project priorities, financing mechanisms, order of magnifude costs, and implementation strategies to achieve the public improvements recommended by the master plan. Master Plan Framework The Lionshead Master Plan is based on a set of fundamental design objectives fhaf relate to the enfire study area: • The Pedestrian Environmenf The defining characferisfr'c of Lionshead is ifs pedestrian environment, and the emphasis of the masfer plan is to improve its quality as a generator of activity. Pedesfrian connections are intended fo be the underlying framework of the physical plan. Two primary pedestrian corridors are proposed fo provide for a cohesive, consistent, welt 19 defined pedestrian and retail environment serving bvfh the destination guest and the local community. The fr'rsf of these two corridors is an easf-wesf connecfian between the west end of Dobson !ce Arena and fhe wesfem edge of Lionshead. The second is a north-south connection befween the gondola ski yard and' fhe north day lot. • Connections to the Natural Environment The master plan recommends ways fo enhance and strengthen the physical and visual connections to the natural environment of Gore Creek and Vail Mountain. • Vehicular Circulation The masfer plan anticipates a network of streets and driveways that provides efficient access fo public and private destinations but minimizes the negative irnpacf of vehicles on the pedestrian environment and residential areas. • Transit The master plan considers that an efficient and flexible public transif system serving the entire Lionshead study area, including potential new development in fhe west end of the disfricf, is essential fo its future success. • Service and Delivery The master plan describes a consvlidafed, efficienf service and delivery system fhaf reduces inferference with pedestrian areas, emergency vehicle roufes, and fraffic in general. The proposed facilities satisfy fhe currenf and projected service and delivery needs of the Lionshead sfudy area. Parking The masfer plan provides for adequate public parking in Lionshead and fhe community as a whole buf acknowledges fhaf parking private vehicles is only one part of the overall Lionshead public access strategy. Recommenafed Actions The following list summarizes fhe recommended actions, both public and private, fhaf are contained in the masfer plan. Please refer fo individual chapters for more detail on specific topics and individual properties. 9.3.7 DevelopmentlRedeveloprrrent • Encourage, facilitate, and provide incentives for the redevelopment and renovation of existing structures in Lionshead. • Create a Vail Civic Cenfer comprised of the Dobson Ice Arena, fhe Vail Public Library, and new developmenf on the existing charter bus lot. • Develop the south face of the Lionshead parking structure with ground floor refall/commercial space and locals/ seasonal housing above. ~0 • Develop the Town of Vail infill parcel at the east portal to the Lionshead pedestrian and retail mall; make it an active entry landmark. • Encourage first floor retail expansions in fhe retail care improving the spatial proportions of public spaces by extending into fhe pedestrian sfreef. • Encourage, facilitate and provide incentives for the creation of a five- starresort hotel in the Lionshead core. • Encourage, facilitate, and provide incentives for the creation of seasonal housing in the western end of Lionshead. 9.3.2 Pedestrian Clrculafian • Implement the Vail Sfreetscape Masterplan for the Vail Village- Lionshead connection along West Meadow Drive. • Redevelop the existing east Lionshead pedestrian portal. • Develop, with public~private cooperation, two continuous pedestrian axes (north-south and east-west} through Lionshead. Greafe new walkways and plazas and replace deteriorated pavemenfs. • Insfall a snowmelt system in the Lionshead pedestrian mall. • Require pedestrian walks and paths along all streets. • Connect the Gore Creek recreation path below the Gondola lift line. • Provide for pedesfrian and bicycle traffic along the South Frontage Road. • Encourage, facilitate, and provide incentives for the creation of one or more new west Lionshead pedestrian portals through redevelopment of Concert Hall Plaza, the Monfaneras Condominiums, and the Val! Associates core site. • Create a new north Lionshead pedestrian portal in conjunction wr`fh development of a public transportation facility on fhe north day lot. • Replace the existing skier bridge. • Implement a comprehensive directional signage program. 9.3.3 Cannecfions with the Natural Envrrorrment • Create a passive recreation trail system on the south side of Gore Creek. • Establish public view corridors to preserve the visual connections to Lionshead's natural environment. • Encourage, facilitate, and provide incentives for the creation of green landscape corridors penetrating into the Lionshead environment. • Enhance the western end of fhe Gore Creek recreation path through landscape and environmental remediation. 1.3.4 Vehlcr~lar Circulation • Restrict the vehicular traffic on East Lionshead Circle to Town of Vail "in-town" transit, emergency vehicles, and adjacent local property owners, • Provide all necessary improvements to fhe South Frontage Road including widening, acceleration/deceleration lanes, landscaped 21 medr`ans, and other appropriate measures to facilitate and clarify traffic flows. • Realign the South Frontage Road at the western end of Lionshead. • Realign fhe 4Nesf Lionshead Circle and Lionshead Place intersection. • F'ncourage, facilitate, and provides incenfives for the removal of snowcats and winter mountain service vehicles from Foresf Road. • Create a central skier drop-off point on the north day lot. • Implement a comprehensive directional signage program for vehicles. 9.3.5 Transit • Create a transportation center on the north day lot fo accommodate focal and regional transif, local shuffles, and charter buses- • Remove the existing Concert HaJI Plaza bus drop-off. • Relocate the existing Lionshead Place regional bus stop to the north day lot. • Improve the now difficult left fern from Easf Lionshead Circle onto fhe South Frontage Road. • Connect the future development in west Lionshead fo fhe Town of Vail in-fown transit route. • Investigate alternative clean Transit technologies. • Investigate potential intermodal connections to future non-vehicular regional transit systems. 9.3.6 Service and Delivery • Eliminate existing usage of the east Lionshead pedestrian portal as a service and delivery area. • Create a service vehicle parking facility at the western end of fhe Lionshead parking structure. • Create a central service and delivery facility in conjunction with the proposed transit facility on the north day lot. • Enforce the prohibition against illegal parking of service and delivery vehicles in fire lanes. 9.3.7 Parking Add at least one more deck fo the Lionshead parking structure. Conduct studies fo establish the user profile of people accessing Lionshead from the parking structure; use this to determine the desired user profile and true parking demand. Investigate the possibility of a secondary parking structure in the wesfern end of Lionshead. Chapter 2: Introduction PUrpase of the Master Plan This master plan was initiated by the Town of Vail to encourage redevelopment and new development initr`atives within the Lionshead sfudy area. Both public and private interests have recognized fhaf Lionshead today lacks the economic vitality of Vail Village, its neighboring commercial district and far`ls to offer a world class resort experience. Lionshead's economic potential has been inhibited by a ~~ number of recurrent themes: lack of growth in accommodation unr'ts ("hot beds'), poor retail qualify, the apparent deterioration of existing buildings, an uninteresting and disconnected pedestrian environment, mediocre architectural character, and the absence of incenfives for redevelopmenf. Redevelopment is critical far Vail and Lianshead r'f the community is to remain a competitive four-season resort. Other resorts are spending millions of dollars to upgrade their facilities in order to attract more visitors year-round. Growth in the number of skiers annually has slaved to one to two percent, intensifying competition for market share. Skiers are spending less time skiing and mare time shopping, dining out, and enjoying other off-mountain activities. As a result, the demand for quality retail shopping and a greater diversify of experiences has dramatically increased. All of these are sorely in need of improvement in Lianshead. Vail, and specifically Lianshead, will fall behind if the community fails to upgrade the quality of its facilities and correct the existing flaws in ifs primary commercial nodes. This master plan, developed aver a period of two years and with extensive involvement by fhe community, is a comprehensive guide for property owners proposing to undertake development or redevelopment of their properties and fhe municipal officials responsible far planning public improvements. The plan outlines the Town's objectives and goals for the enhancement of Lionshead and proposes recommendations, incentives, and requirements for redevelopment and new development of public and private properties. It also recommends specific public improvement projects that are strategically important to the future success of Lianshead. The master plan is intended to provide direction aver the next 15 to 2© years. Definition o1` a Mas#er Plan In the development of the Lianshead Master Plan, the fallowing definition has been used as the basis for this work: A master plan is a guide, a flexible framework far future action- It articulates a community's fundamental land use policies, principles, and goals in a broad and general way. It plans for fhe future physical develapmenf ar redevelopment of an area of the community, including its functional and circulation systems and ifs public facilities. The land use policies in a master plan are generally implemented through zoning ordinances. Exr'sting zoning and land use codes maybe modified and new provisions enacted in order to conform to fhe rnasfer plan and carry out the plan's objectives. A master plan does not convey approval far particular developmenf proposals or concepts, nor can it be implemented in a short time frame. After adoption of the Lionshead Master Plan, every development proposal will have to ga through the applicable development review and approval process, with its attendant public 23 notices and public hearings. A proposal's adherence fo fhe policies contained in the adopfed master plan wiI! be one of the factors analyzed by staff, the Planning and Environmental Commission (PEC', the Design Review Board (DRB), and the Town Council (as applicable) in determining whether to approve or disapprove fhe specific proposal. Policy Qbjectives The Town Council adopfed six policy objectives on November 4, 1996 to outline the important issues fo be addressed in the master plan and fo provide a policy framework for the masfer planning process. 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to became a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vifalify and Amenifies 1Ne must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, sfreefscape, parks and other recreational improvements. 2.3.3 Stron er Economic Base Throu h Increased Live Beds g 9 In order fo enhance fhe vitality and viability of Vail, renewal and redevelopment in Lionshead must promofe improved occupancy cafes and fhe creation of additional bed base ("live beds" or °`warrn beds') through new lodging products. 2.3.41mproved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic musf be improved within and through Lionshead. 2.3.5 Improved lnfrasfructure The infrastructure of Lionshead (streets, walkways, transportation sysfems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and ifs public and private services musf be upgraded to support redevelopment and revifalization efforts and fo meet the service expectations of our guests and residents. 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capita! may be raised from all possible sources fo fund desired private and public improvements. 24 Ground Rufes far the Master Planning Process {7n November 4, ;'996, the Town Councl! adopted the following ground rules for the master planning process in order to clarify the initial parameters and rules under which fhe master plan would be developed. 1. The master plan to be developed for all public and private lands in Lionshead will serve as the policy framework for aI! future decision-making on specific development and redevebpmenf proposals in Lionshead. The master plan will be based on the Lionshead Policy Objectives adopted by the Town Council to reflect the community's inferesfs. 2. The Town of Vail will work collaboratively with Vail Resorts, inc. on the master plan for Lionshead and will involve all other interested citizens, business owners and property owners in fhe master planning process. The master plan ultimately recommended may or may not reflect development approaches currenffy being explored by VRI. 3. Proprietary information of any private property owner or developer will remain private and confidential unless it becomes part of a public record. 4. There will be no net Iris to the Vai! community of either locals' housing or parking spaces (public and private) now existing in Lionshead. 5. Collaborafive public/privafe redevelopment and financing ventures, Including urban renewal authorities and downtown development authoritr'es, will be considered. 6, The Infenf of redevelopment includes minimizing short-term construction~relafed impacts of redevelopment on existing businesses and residents and increased cooperation between the public and private sectors. The Town Council will have final decision-making authority on the Lionshead Master Pfan, adoption of implementing actions, use of public Lands, public Improvements, and public financing mechanisms. The Town Council or its authorized boards {'PEC and L?RB) will make final decisions on subsequent site- specific development proposals consistent with the master plan. Urban Design Principles ~n November 4, 1998, fhe Town Council adopted the following set of urban design principles to guide fhe development of the master plan: 1. Connect Lionshead physically and visually to the mountain landscape. ~. Make people physically and emofionally comfortable in Lionshead. 3. Provide a sense of arrival to demarcate the Lionshead district. 4. Create landmarks and turning points to guide people Through fhe area and make it memorable. 5. Provide gates and portals to help define fhe sequence of public spaces and places. 6. flefine appropriafe Land uses adjacent to outdoor spaces. 25 1Vlaster Plan Study Area The boundaries of the Lionshead Master Plan sfudy area (see Map A) were established by the Town Gounci! at the outset of the master planning process. They are defined by fhe following features; On fhe north by 1-70 On the east by Middle Creek (wesf of fhe Vail Vafley Medical Center) On the south by fhe Town of Vail boundary (saufh of Forest Road„ not including single-family lots) On fhe wesf by Red Sandstone Greek (east of the C1en Lyon Office Building) Methodology The master planning process was based on a made! for intensive cifizen inpuf and community collaboration intended fo maximize public participation and allow the community to provide direction an all plan elements. Bxhausfive efforts were made fo involve local citizens, property owners, focal businesses, and second homeowners. A web page, extensive direct mailings, and the nofification of bcal homeowners' associations and managers were all utilized to solicit public input and inform fhe public abouf the process and progress of the master planning effort. Meetings and workshops were held an weekends and holidays in order fo achieve maximum second homeowner and guest involvement r"n the process. The planning process consisted of five stages, each with a public input component. A one-year timeframe was initially anticipated, but the process was later extended for an additional year. Stage One -Define Opportunities and Constraints This step commenced with two public walking/bus tours through Lionshead fo look at existing constraints and opportunities with interested community members. After the tours fwo public forums were held in which participants were asked to review the list of opportunities and consfraints assembled from fhe fours. This step also included a "Best and Worst of Lionshead" contest fo invite further public comment. During this stage, the master planning team assembled base data about the physical environment of Lionshead.. Stage Two - Brainsform "Wish List" The goal in stage two was fo gather from the community as many ideas as possible about preferred land use policies, changes needed in fhe physical environment, desired improvements, new public facilities„ and other areas of concern. !n several pubfic workshops and hearings participants were asked to review the wish list of ideas and indicate their preferences by "dot-voting. " input was also obtained via survey response forms and on the lnternef. A total of 173 individual wish list items were submitted, categorized and documented. (See appendix F.) Stage Three -Analyze Alternatives and Select Preferred Alfernafives This stage concentrated on the review and evaluation of alternatives developed from public input and the selection of preferred concepts for traffic circulation, land uses„ building bulk and mass, pedesfrian corridors, and loading and delivery systems, Also in this stage several public workshops and hearings were held to 26 focus specifically on the identification of public view corridors in Lianshead. A Saturday work session with local architects and planning professionals was held fa brainstorm design ideas on public facilities and fransportafion systems, improved access to the Gore Creek corridor, housing opportunities, and the network of public spaces and resort amenities. The drawings that were done in this charrette were displayed for community review in several open houses.. Finally, a market feasibility study was conducted to anafyze the existing constraints and future potential of fhe retail market in Llonshead. Stage Four -Develop and Adopf the Master Plan and Architectural Design Guidelines !n this sfage of the masfer planning process, fhe project team refined and expanded the ideas and principles identified in stage three and consolidated them rota the final master plan document. This sfage involved ongoing community review in public Town Council meetings. Stage Five -Adopt Required Code Modifrcafions This stage will occur subsequent to the adoption of this master plan document. Adoption and Amerrdmenf of fhe Master Plan The Lianshead Master Plan was adopted by resolution No. 74, Series of 7998, on L7ecember 15"', 1998, by the Vail Town Council following a recommendafion fo approve by the Planning and Environmental Commission. Future amendments to this master plan must be approved by resolution or motion by fhe Town Council following a formal recommendation by the Planning and Environmental Commission. Implementation activities and ordinances wilt be approved in accordance with the Town of Vail Municipal Code. Town of Vail Camprehensi~e Oaen 'Lands Plan In 9994, the Vail Town Council adopted the Comprehensive ©pen Lands Plan. The purpose of the plan is to identify priorities for open space and recreation needs communicated by the citizens of Vail. The citizens identified the fallowing needs, in order of priority: Acqu~5ltlon, preservation and protection of natural open space; Improvement of the trail and bike path system in and around Vail; Creation of additional recreation opportunities in a regional context. The Comprehensive Open Lands Plan is an action-oriented plan that identifies specific parcels of land that require same kind of action for either protection of sensitive (ands, for trail easements and critical trail connections, or for future public use. The Comprehensive Open Lands Plan -Action Plan map identifies the Tennis Court site "Undeveloped Parcel (Open Space Zoning) Action Not Recommended". The Pian did not reference or recommend any action with the existing Tennis Court Site. However, it does identify that there is an existing bike path along Forrest Road on the southern border of the site. • 27 111. PGTENTIAL 51T6 ZONING ANAYSiS Prapased four lots an the I,ianshead Tennis Court Site: Proposed Zoning: Two-Family Primary/Secondary district Land Use Designation: Ski Base Current Land Use: Recreationl4pen Space Development S#andard Allowed Proposed Lot Area: Lot 1 15,000 sq. ft. 29,069 sq. ft. buildable area Lot 2 15,000 sq. ft. 20,684 sq. ft. buildable area Lot 3 15,000 sq. ft. 23,673 sq. ft. buildable area Lot 4 15,000 sq. ft. 22,351 sq. ft. buildable area Setbacks: Front: 24' 20 ` Sides: 15' 15' Rear: 15' 15' Building Height: Flat roof: 30' 30' Sloped roof 33' 33' Density: Per Note 4 on the preliminary plat restricts the maximum number of units which can be constructed on the four lots to eight. The maximum number which could be constructed on a single lot would be three units including an IwHU. Note 5 an the plat prohibits the further subdivision of Lots 1-4 as permitted under Section 13-8, Duplex Subdivision, Vail Town Code. G RFA: Lot 1 6,070 sq. ft. Lot 2 5,.648 sq. ft. Lot 3 5, 996 sq. ft. Lat 4 5, 809 sq. ft. Site Coverage: Lot 1 5,841 sq. ft. {20%) Lot 2 5,090 sq. ft. {20%) Lot 3 5,793 sq. ft. {20%°) Lot 4 5,418 sq. ft. {20%) Landscape Area: Lot 1 17,824 sq. ft. {60%) Lot 2 15,289 sq. ft. {60%) Lot 3 17,3$0 sq. ft. {60%) Lot 4 16,256 sq. ft. {60%) f~ J C7 2$ Frontage; All four of the proposed lots meet the minimum requirement for 3a feet of frontage as required by the Two-Family PrimaryfSecondarydlstrict. Proposed ski-way lot: Proposed Zoning:. Land Use Designation: Current Land Use:. Outdoor Recreation district Ski Base RecreationlOpen Space The proposed ski-way tract, Tract X, is proposed to be 4.226 acres The applicant is not proposing any changes to the uses which currently occur an the ski-way. VII. SURROUNDING LAND USES AND ZCINING Land Use Zoning North: Open Space Natural Area Preservation district South: Residential Two-FamilyPrimary/Secondary district East: Open Space Agricultural and Open Space district West: Residential Two-Family Primaryl5econdary district VIII. CRITERIA AND FINDINGS A. Proposed rezoning of the four residential lots The applicant is proposing to rezone the Lionshead tennis court. site from Agricultural and Open Space district to Two-Family Primary/Secondary zone district. Section 12-3-7, Amendment, Vail Town Cade, establishes the criteria and findings which must be met in order far a rezoning request to be granted. Below are the criteria which the Commission and Vail Town Council must review and make findings on in order for a rezoning to occur. Staff has provided a response for each of the criteria.. ('I) 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 Vai[ comprehensive plan and is compatible with the development objectives of the town; and Staff response: Staff has reviewed the applicant's proposal and found tha# the proposaC to rezone the Lionshead tennis court site is in accordance with the Vail comprehensive plan and is compatible with the development objectives of the town. The Vail Land Use Plan designates this parcel as Ski Base which lists residential as a paten#ial use. (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 29 Staff response: Staff has reviewed the applicant's proposal to rezone the Lionshead tennis court site from Agricultural and Open Space district to Two- Family PrimaryfSecondary district and found the proposal to be suitable with the existing and potential land use on the site and the potential and surrounding land use. All but two of the residential lots along West Forrest Road, East Forrest Road, and Beaver ^am Road are currently zoned Two- Family Primarylsecondary district. {3} The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff response: Staff believes that the proposed rezoning will present a harmonious, convenient, workable relationship among land uses consistent with the Town's development objectives because the Two-Family PrimarylSecondary distric# is compatible with the adjacent land uses. {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 Staff response: Staff has reviewed the applicant's proposal to rezone the Lionshead tennis court site from Agricultural and Open Space district to Two- Family Primary/secondary district and found the proposal to be an extension of the zone district of the adjacent residential properties. All but two of the residential lots along West Forrest Road, East Forrest Road, and Beaver Dam Road are currently zoned Two-Family PrimaryfSecondary district. {5} The extent to which the zone district amendment results ir, 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 Staff response: The applicant is proposing to replace an existing tennis court with four new footprints for potentially eight dwelling units including EHUs. Staff believes that the there will be little negative impact of this development. The applicant proposes #o place "no-build zones" on the northern portions of Lots 3 and 4 in order to prevent development and disturbance of the steep slopes leading to Gore Creek. This prohibition on development will provide a great distance for run-off to travel through a natural filter prior to reaching Gore Creek. {6} The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and Staff response: Staff believes that the proposed rezoning is consistent with the above fisted purpose statemen# of the Two-Family PrimaryfSecondary district. 30 (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adapted and is na longer appropriate; and' Staff response: The applicant's property is not currently maintained as a tennis court and is in a state of disrepair. The applicant's proposal to remove the existing tennis court in order to plat four residential lots exhibits the need far additional residential lots in the Town and will be more compatible with the adjacent Two-Family PrimarylSecondary district zoned lots. (8) Such other factors and criteria as the commission andlor council deem applicable to the proposed rezoning. Findings: (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; and (2) That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; 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. B. Proposed rezoning of the ski way The applicant is proposing to rezone the ski-way, which is identified as Tract X on the preliminary plat, from Agricultural and Open Space district to ©utdoor Recreation district. Section i2-3-7, Amendment, Vail Town Code, establishes the criteria and findings which must be met in order for a rezoning request to be granted, Below are the criteria which the Commission and Vaif Town Council must review and make findings on in order for a rezoning to occur. Staff has provided a response for each of the criteria. ('l) 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 Staff response: The applicant's proposal to rezone the ski-way from Agricultural and Open Space district to Qutdoor Recreation district is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan. A rezoning of the ski~way to Outdoor Recreation district will more closely align with the can-ent activities which occur on the ski-way in association with the ski resort. 31 {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 Staff response: The proposed rezoning of the ski-way is suitable with the existing and potential land use on the site and the existing and potential. surrounding land uses. In Section V of this memorandum both the Agricultural and Open Space district and the outdoor recreation district have been included and a comparison of the two results in finding that a rezoning to Dutdoor Recreation district is very similar to the existing zoning in allowing the existing uses of the ski-way to can#inue while eliminating some of the less desirable permitted and conditional uses. {3} The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff response; The proposed rezoning of the ski-way presents a harmonious, convenient, workable relationship among land uses consistent with Town development objectives. {4} The extent to which the zone distriict 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 Staff response: The proposal to rezone the ski-way provides for greater protection of the open space character of the ski-way year round. The purpose statement of the Dutdoor Recreation district states that the district is "intended to preserve undeveloped land or open space lands from intensive development while permitting outdoor recreation activities". Staff does not believe this request constitutes spot zoning and the district will better serve the desires of the community in protecting the open space character of the ski-way. {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 Staff response: Staff believes that this proposal to rezone the ski~way will provide a more restrictive zone district as compared to the existing zoning. The (Dutdoor Recreation district as contained in Section V of this memorandum will provide greater regulation and restriction to maintain the natural environment. {6} The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and 32 Staff response: Staff believes that the proposed rezoning is consistent with the above listed purpose statement of the Outdoor Recreation district. (7} The extent to which the zone district amendment demonstrates how conditions haue changed since the zoning designation of the subdect property was adopted and is no longer appropriate; and Staff response: The applicant's request to rezone the ski-way demonstrates haw conditions have changed since the zoning designation of the subject property was adopted by the requirement for a minimum 35 acre tract for an Agricultural and Open Space district zoned parcel. There are very few parcels in town measuring 35 or mare acres. The Agricultural and Open Space district was partially intended to protect the Town's agricultural history and open space as detailed in Section V of this memorandum. (8) Such other factors and criteria as the commission and/ar council deem applicable to the proposed rezoning, Findings: (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; and (2} That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (3} That the amendment promotes the health, safety, morals, and general welfare of the fawn and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural enviranrnent and its established character as a resort and residential community of the highest quality. C. Major Subdivision Creating Four Residential Lots and the Ski-way A basic premise of subdivision regulations is that the minimum standards for the creation of new tats must be met. This subdivision will be reviewed under Title 13, Subdivision Regu{ations, of the Tawn of Vail Code. The first set of criteria to be considered by the Planning and Environmental Commission far a Minor Subdivision. application is: Lot Area: The minimum lot area for the Two-Family Primary/Secondary district is 15,000 square feet of buildable area. All four of the proposed residential lots located on the tennis court site exceed this minimum requirement. Section V of this memorandum depicts all the statistics for the proposed lots. The proposed ski-way tract, Tract X, measures 4.22fi acres. There is no minimum lot sized identified in the outdoor Recreation district far which Tract X is proposed to be rezoned. 33 Frantaae; The minimum frontage required by the Two-Family Primary/Secondary district along a street is 30 feet. All four lots have 30 feet ar more of frontage on the proposed private drive. There is no minimum frontage requirement for parcels zoned Outdoor Recreation district, therefore Tract X does have to meet a minimum frontage requirement; however, it is proposed to have 240 feet of frontage along West Forrest Road. Dimension.: Under the proposed Two-Family PrimarylSecondary district zoning far the four residential Iots are required to be dimension so as to allow an 80 foot by 80 foot square to fit within the property lines, All of the proposed residential lots meet this requirement. Under the proposed Outdoor Recreation district zoning for Tract X there is no minimum requirement for lot dimensions. 2. The second set of review criteria to be considered with a major subdivision request is outlined in the Subdivision Regulations, 13-3~, and is as follows: "7'he 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 ~nvir©nmental Commission deems applicable....The Planning and Environmental Commission shall review the application and consider its appropriateness in regard fa town policies relating fo subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and ether applicable documents, effects on the aesfhetics of fhe Town. " The purpose section of Title 13, Subdivision Regulations, is intended to insure that the subdivision is promoting the health, safety and welfare of the community. The subdivision purpose statements from 13-1-2 (C} are as follows: 9. To inform each subdivider of the standards and criteria by which development proposals will be evaluated and to provide information as to the type and extent of improvements required." Staff response: The provisions of Title 13, Vail Town Code, and staff made the subdivider aware of the standards and criteria by which this proposal is to be evaluated. Z. To provide for the subdivision of property in the future without conflict with development on adjacent land." 3~ Staff response: The proposed major subdivision to create four residential lots and plat the ski-way will not conflict with development or subdivision on adjacent lots. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land.. Staff response: Staff believes the removal of the existing tennis courts which have been in disrepair far several years and the establishment of four large residential lots, ranging in size from 25,483 to 29,748 square feet, will conserve the value of land throughout the municipality by eliminating a site improvement which has been allowed tv became rundown, The Lianshead Redevelopment Master Pian in Section 3.2.6 stated that the existing tennis court site was "unattractive and visually inconsistent with the rest of the Gvre Greek corridor". The proposal to plat the ski-way and create Tract K does not change the existing land use of the site. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town deve[opmen# objectives. Staff response: The proposed subdivision is in compliance with the Town's zoning ordinances, In Section VI staff has created a table to display how each of the lots and the ski-way conforms with the requirements of the Twa-Family PrimaryfSecandary district and the Dutdoor recreation district. 5. To guide public and private policy and action in order to provide adequate and effcient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. Staff response: As required in Section 13-3-3G staff notified the department of Public Works, Town Fire Departmen#, Town Police Department, Public Service Company of Colorado, Holy Cross Elec#ric Corporation, U.S. West, Camcast Gable, National Forest Service, Eagle River Wa#er and Sanitation District, Vail Recreation District, and Eagle County Ambulance District. None of the notified departments responded with any concerns about the proposal. In addition, the applicant obtained signatures from Ques#, Excel High Pressure Gas, Haly Gross Electrical, Excel Energy, Eagle River Water and Sanitation District, and AT&T Broadband regarding their approval of the project. 35 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. Staff response: The proposed plat will establish accurate legal descriptions for several lots which were previously unplatted. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to sa#eguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability, and beauty of the community and the value of the land. Staff response: The proposed plat does not pose an negative affect on the natural environment and resources and will preserve the integrity, stabElEty, and beauty ofi the community. Findings: The following findings are used for a Major Subdivision: 1. That the application is in compFance with the intent and purposes of the Major Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environments! 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 fhe Town. IX. STAFF RECDM1VlENDATION Rezoning of Lionshead Tennis Court Site and the ski-way Staff is recommending that the Planning and Environmental Commission forward a recommendation of approval to the Town Council for the requests to rezone the l.ionshead tennis court site and the ski-way pursuant to Section 12-3-7, Administration, Vail Town Code, from Agriculture and Open Space district to PrimarylSecondary Two-Family Residential district to allow for the construction of residential dwelling units on the four proposed lots and from Agriculture and Open Space district to {)utdoor Recreation district to allow for the ski lifts, tows„ and runs. Staff's recommendation is based upon the evidence and testimony present and the criteria found in Section Vlll of this memorandum. If the Planning and Environmental Commission chooses to forward a recommendation of approve regarding these rezoning requests it must make the following findings; 3b {1) That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town; and {2) That the amendments are compatible with and suitable to adjacent uses and appropriate far the surrounding areas; and {3} That the amendments promote the health, safety, morals, and general welfare of the town and promote 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. Major Subdivision Staff is recommending approval of the proposed preliminary plat for a major subdivision pursuan# to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the platting of the ski-way tract and four lots at the Lionshead tennis court site. Staff's recommendation is based on the evidence and testimony presented and the criteria found in Section Vill of this memorandum. If the Planning and Environmental Commission chooses to approve this preliminary plat it must make the following findings: The fallowing findings are used for a Major Subdivision: (1 } That the application is in compliance with the intent and purposes of the Major Subdivision Chapter, the Zoning Ordinance and ether 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. If the Planning and Environmental Commission chooses to approve the preliminary plat staff suggests the following conditions: 1} That the applicant submit a final drainage study, erosion control plan, and plan and profile with cross-sections for the new curb and cutter along Forrest F~oad for review by staff prior to scheduling on a Planning and Environmental Commission agenda for review of the final plat. 2) That the applicant place a note on the final plat that states that no improvements other than landscaping be permitted in the "no build zones°. • 37 X. ATTACHMENTS A. Vicinity Map B. "Lianshead Redevelopment: Lionshead CorelWest Dav LotlTennis Court SitelNarth Dav Lot", dated July 7, 2043 in portion C. Reduced copy of the proposed Tennis Court Site dated September 16, 2043 D. Letters from individuals expressing their views regarding this proposal • 38 D. Ten~~is Court Site The existing tennis courts site located along Forest Road is one of the least intensive. components of the proposed Vail Resorts redevelopment projects. Vail Resorts is proposing to subdivide this 2.25-acre site. imo four residential lots accessed by a short private road and cul-de-sac. While the overall develc~pn~ent of this site is relatively minor in the scope of the overall redevelopment submittals, it is a key to the funding of many public and private components of the larger redevelopn~zent effort. Below is a full description of the project and necessar°y applications. Existing Conditions The site is currently developed with several tennis courts, a recreation path from Forest Road to the skier bridge, and pump house and maintenance facility. The site is in general disrepair and does not receive any recreational activity. The tennis courts have not been in use fcrr the last rive or so years. 2_ fJverview of I'ro}ect The proposed plan is to remove the existing uses and relocate the sno~~l-making pump to the Eagle River Water and Sanitation District site. The site is proposed to be developed with four residential lots with lot sizes of approximately 20,000 sq. ft. to 25,00[? sq. ft. The lots will contain building envelopes which direct development to specific areas of each site thus preserving areas with mature vegetation. These building envelopes meet or exceed the Town's setback requirements. The proposed private road provides adequate access for passenger and emergency ~lehicles. Pz-i~zate easements are provided to allow skier access to the subdivision from the adjoining ski trail. A relocated pedestrian path has also been provided connecting Forest Road to the skier bridge.., A preliminary plat application has been submitted for this project and is included with this report. As part of the redevelopment. of the Tenzais Court Site, Vail Resorts is also relocating the snowcat access route that currently travels up West Forest Road from the maintenance yard. A separate application is being submitted jointly with the Eagle River Water and Sanitation District to allow snowcats to access the Vail Mountain acrnss the Old Town Shops site (under redevelopment by the Water District). This new route will have reduced conflicts with residential traffzc and will significantly reduce the noise .r experienced today 6y West Forest Road residents. ~~ Vail Restarts - Tlie 12edevelop~t~ent of Lionshead 32 Attachment:. B 3. Rezoning Request The property is currently zoned Agriculture. and Open Space which allows for single- fajnilyhomes, recreation areas, and open space. By conditional use, this zone district would also allow churches, cemeteries„ ski lifts, and employee housing. The land to the east and north of the subject property is also zoned Agriculture and Open Space and the land to the west and south are zoned Two-Family PrimarylSecondary Residential (PS). The PS zone district allows single-family and two-family structures on lots of 15,004 sg. ft. or greater. The proposed application rezones the subject site to PS to he consistent with the adjacent residential properties. The property is currently designated as Ski Base by the Land Use Plan. This land use category includes typical ski base facilities, lodging uses, and residential uses. The land adjacent tea the east and north are also designated as Ski Base and the land adjacent to the w=est and south are designated low Density Residential (LDR). The proposed rezoning to PS is consistent with the Ski Base designation and the uses on adjacent properties. Vait Rc~t~rls - I`he ftedeveloprr~eru of Lionstreaci 33 E. Tennis Court 5iie Below is an analysis of the criteria required fox the proposed rezoning request and sul7division proposal. Re-zanin~ - A~riCUliure and ~nen Snace to 'i'wa-Family Primar`7/Secandarv Residetatial The extent to which the zone district amendment is consistent t~~ith all the applicable elements of the adopted goals, objectives and policies outlined in tl~e Vail comprehensive plan and is compatible with the dcveloprnent objectives of the town; and Anal~~si.s: The propr~sed rezoning and proposed !!se of the land irnplernents rrtaray of the policies idelcti~ed in the Land Use Plan. SpeL~ificall}~, the proposed rezolzfng directs development to an irzfill area ila tfie Town, is located ire an area free cif environmental hazards as dcft`ned 1»~ tlae Totivrz Cade, arad is a logical extension of arz adjacent zone d1S'trtct. Ilse proposed r-ezClrltrlg ar'ld p1'o~)L)sed su17d1V151Dra Cl!'e L'OTa.S1Ste1'!t arad r:ornpati7)le wit1~ tlae Vail Cc~rnprelaerasi.ue Plara and the Town '.s develo~rn.ent aI~jecti ves. 2. The extent to s~fiich the zone district amendment is suitable with the existing and potential ]anti uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and Arcalvsis: Tlae proposed rezanuzg extends art existing zone district (Two-Family Primary/Secoradar~~ xesidentiul} to includL the .subject parcel. The ~xistilzg land uses in this raeiglchorhood are two family arad .single family residential arad tl'aerefore the proposed rezonlrtg will contir2t.lc tlae established land use pattern ir2 the area. The proposed zoning and re,sideraticrl use of the property is consistent with the existing and potential uses in the area and is' c•onsisterat ruith tl~e Vail Larad Use Plan.. 3. The extent to which the cone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and analysis: 1'he proposed rezoning is cnrasisterat rvitl~ the existing and prvposed use of the propert}' (sitagle fancily residerctiaT). The t}pe acrd charclL•ter of the development is .similar to that of the adjacent residential properties therefore pr'eser2ting u _ __ _ Val! Resorts -The R~edeaelo,~ment of Lianshead 4$ harmonious relationship anrnng these adjacent uses. The proposed uses present a ` lrar'rraoniorts, convenient, and workable relatiorr.slaip with land uses in the area consistent with the existing and pr-opused rise of the property. 4. The extent to which the zone district amendment provides far the growth of an orderly viable community and does opt constitute spot zoning as the amendment serves the best interests of the community as a whale; and .4raal3~sis: The pr°oprr.sed re.orting is arz extension of an e.~istirrg zone district rvhir~h covers roan] acres of land arzd tlzercfnre dues riot constitute spot zoning. The proposed rezoning arzd subdivision provide for the development of an orderl}~ viable cnmrnurzityr. 5. The extent to which the zone district arnt,ndment results in adverse ar benefic,ia! impacts an the natural envirann~ent, including, but not limited to, water quality, air duality, noise, vegetation, riparian corr'idars, hillsides and other desirable natura! features; and t~ nal ~•sis: Liven the developed nature nf~the property and the_firtclings of the L'rrvironrnental Impact Report, the proposed project wtll rzat result irz adverse irnpac~ts to the envirnrrrrrerzt including water garality~, air duality,. nai.se, ve,~~etation, ripar'iarr corridors, hillsides, or other natural features. The project will result irz beneficial irrtpcrcts resulting frcrrn prnperl}' desitysrred strrrcttrres, drainage fucilitie,s, and additior~z.al vegetation being added tv the site. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and Anal~~sis The Two-Family Primary/Secondary Zorxe district is proposed for the subject property. The prulaosed zone district is consistent with the intended purpose of that zone district. The proposed u.se of the property= is four single or two family residential homes. All of the proposed uses are listed in the purpose statement and the list cif allowable and conditional uses for the proposed zone district. Vail itesorts -The hedevel~pn~ent cif Lacroshead 49 7. The extent to which the zone district amendment dem©nstrates how conditions have changed since the r~nit~g designation of the subject property was adapted and is no longer appropriate; and r`lraal~,'sis: The proper-ty has been utilised far tennis coLrr-ts and sracnvrnakirig/raaairxtenarace facilities. TJae tennis facilities rare under utilized 4ti°hich res~.rlted ire reduced rnairatenarar~e far these fiacilities. The existing use of the praper-ty is• ran lamer arx appr°eciated use Arad therefore the owner is seeking to introduce era ecaraomically viable use ~~a~-hich is consistent tit~ith the surr-oraradirrg arses ire the raei~Jaborlanad. The proposed residential use is an appropriate grad viable use f~rr the property carasisterat with adjacent resideratilzl properties. l~~iaior Subdivision -- Ta create fotrr nrimarv/secondary residential lots;. The burden of proof shall rest with the applicant t© show that the application is in compliance «•ith the intent and purposes of t}~is Chapter, the Zoning Qrdinance and other pertinent reputations that the PlEmning and Environmental Commission deems applicable., 17ue consideration shall be given to the recon~mendatic7ns made by public agencies, utility companies and other agencies consulted under subsection 1 ~-3-3C above. The Planning and Environmental Canxsnission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and ether applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects an the aesthetics of the Town. ~'lrauJ~~sis: 1'he proposed subdivisiara cnrraplies with Title 13 grad Title 12 of the Cntivn cads. The prapa,red rase urad densities are cnrasisterat with the zarain~ grad land 7,rse desigraatians proposed far the site as well and w=ith the existing residential developna.ent in the neibjhbnrJaand. T]ae proposal will oat have adverse impacts on the environment as evidenced ire tJxc Enviroranaental Itrapacf IZe~part suhnaitted with the appliccztioras for this site, The proposed lot si<:es c~rFe consistent grad compatible kvith the residential develnpnaerat patterns ire the area and witJz the Twa-Family Primer}=lSecara.dary l~esideratial zone district. Develnprraerat within the pr-npnsed subdivision. will be subject to the Tnf,~°n's design guidelines grad standards and thus tivill prarxante the aesthetics desired by the Tav-~n. Refer to the subdivision plat and site develapraaent dr°awings in support of the s'uhdivisi.ora applieatiora. Vail Resorts -- The Redc~elc,~ment of Lionshead 50 FRC3hS a J h~l-fE." -~f~a 4~n, ~~~ .~~ ~ .w,r~ } y~ .. ^_~;.-~QO~ Q3~ y~`ti"r F'l. :_1~rA.Fn F MAr-z~r~ VY.kli F3 M.Ar~H, 7'I .f5k 11iA :i~!~lfi;i T i ~~C~111~.1'iY~. G~i'~}1/iI~JG~. ~ ~~~ ~~- ~~ /~,~, d ~, ' 1~' g n ~ •!~ r~ r% !~ ~i 1~ /~f Wi'!/1 ~rL1~. ,ir'~r7r~; Y`I7~'~r f r. re _ - .... w v/ f _ ~ - --~ rf /~- s G4I ~7~~ '1{,l~'1G.f'~(~~i4'~ 1~xc~"iiV~s ~'~` ,f~~ ~~i ~{ ~~~~~ ~~~ ~ ~~ ~ "' ,"'-'{s ~I '~~~%7 _ fr 1' ~y ~~' ~~~ /~~~y" +' ~T ~~'~/ ./!'~ ~ t ~G/~~~G~~ta'''~1i~ j' /~ ,/ +~,~ 1 J+ „~7 ~ S'~•~ ~["rrle'A ~fF-` ,~ ~~'~r.~7 "'E, r'~f~.9r C.•, t~i_TT ~t~/._ r y -ni J. ,.. v'~1 t~ _ ~~/ ~ Il1 ~JJ lf~r; ~ _ ~ ~~ ~ .. ,~, ~ __ .. _I ~f~ fair lf~~ pl~~~~~ ~~ Y ~V1. ~ / l ,( I !."~•(v~ ~~Jt ,,,,,,vvlwylsl.1'~t~ ~ /.Ll:/~~J r~.~/i f ~ f /~ ~ ~ JJ ~ Attachment: D FROM J MAHFR FAQ{ N0. : 772 234 3807 Napo. 24 203 ®3: SSPM F'1 ~~ . r ~ ~r /~ { .. L,~. ~.L L ~ ~ U ~ ~• ~,r-~f.~,~~~.1;'.,~~~'" ^7~ ~uC: ;.•ir t. ~', ~;,. •'rr y~ rf~rJ:?i,i•.! ~ 'Yr ~ rr" i ~~F r ~~ . ,~ i d'' IJ ~~ f ~ .s ~ r / `~-~. fi~~1 .v tY~s~rr ,1,i^ r! .'r~~•~ ~* r~f ,.r~i~4es~ f~~s-d~ ,sue ~ ty vJ t, J`y,~~ ~L/I" ~'~, ~~~ ~ ~ ~ ~ ,~' ~ z ~ ~~~ ~ ~ ~ ~ ~ - ~~; r ~~.~ f ~ . ~~~~ ~~~ F ~~ ~ . ~~ _ ~~i` ~ ~ ~~ ~L ,~ ~ U • J P~-1HER FAX IJD• 772 234 38 7 "'~., :~ t ~M1 ~ J V f~~~.`1:.'`J`~,.~ /j '[~~~~C ~,'~'G'~-••'l"`Z-,'f ~'~-'~~.j ~'~,~j~' lam. rt-G" ~~ ~.. r ~ ~ ~ ~ ., ~~J~ ~ ~ ~~ ~~ ~ g ~ ~j~~ ~. r .+ ~ ~ ~/ r ~~~ ~ ~~~ ~~ ~' • /J ~ 4 Ji .Lj Ni ~D ff/I ~ 4v`^ ~ jf~~~i~~ u~~~?/Y ~-'y^-~ ~' ` ~~ Y ~ ` , ~'~!'~' ~ ~[, r. ~i ~ }~ /~j gip ! ~~ ~ ~ ~ ~ ,~ ~~ y • ~n~~ FRC7M .. FA?; hJO. : Aug. 19 2Q~Q 1~:17P~1 P2 ~~- z !fl; rr.tn~ntrtc flt1C1 ~S1Vlrt)I1121C.T14it1 l,c5ifi?!cl'_•~:;zs `f nrar~? n~ Vail i am encinsin~ ~ copy at' a letter sent to me ri~am ~rctl ltumtard is which 1 wish io sanr that 1 comtrletetV atrec wif,h. their concerns. 1. tno. foci iltftt the existiae oath by the tettl~is ern:rts mast by ~a~s-inrrl s~,d "slk~cr"s" bnrigc pmvtctc F~ sepi-ritzon aetwcen skiers and podcstrians. Another steed for the Wcst I'orest residents is a bus siop at Forest Road Cvcri ii' it is iusi a reat7e9t. The many years I have awned ary pr4r~.~,~ there, we have lk~d to walk extra blocks to use flee focal bus xad in s&Y hones. it is difEicu7t bi ncercly,. ~~ ~ ~ ~~ ~I o~T. s. zc~a~ ~o:~~~~ X70 4~s ~~21 • ~ ~ :~ World Ciass Resort Properties $y Fax: ~7~-2452 ~ Wednesday, October 08, 2003 Ta: Warren Campbell Planning and Envira~imental Com~missiar~ Taws of Vail Re: l=learing ©fDevelapment of Lionshead Tennis Court Site, Dear Warren: No.74s9 P. ~ ~ Z would like to state my opposition to the proposed removal of the bike path on the Tennis Court Sits on west Forest Road. This bike path has been in existence since the inception of Liansb.ead. It is very p©pular to both hameownears and other bikers in the area and is a very valuable asset that I don't think should be removed. If removed, bikers who axe not in excellent shape will have to ga up a verSr strenuous hill to reach Forest Road. It was also my understanding that the bridge was to be replaced with a new bridge that would separate skier traffic from pedestrian traffic. I would like to see the Tawn ~ and i1ai1 Resorts address this issue as well. Please keep this bike path available to all acid buildthe pedestrian/skier bridge that was proposed. 1 T~iank you. ,,~.~ a Boni Taylor An A,~ili.at~ ©f fhe Sorzrtettalp Resort '-" --- .-- .._.... .., ..ten ~~.ro enn~ ..._._.. ~nr.«,.~v,~a1.,+-POln~tatr r~nrn 1008/2003 17:43 3037651408 PACE H2 October $, 2003 Mr. Warren Campbell Plarxning & Enviros~rnental Caznmission Town of Vail 75 South Frontage Road Vail, CC3 81657 Dear Wszx$n: Please allow us to add our views relative to the discussion at the September Z2, 2003 public meeting concerning the proposed elimination of the bicycle/pedestrian Bath on the south side of Govt Creek leading tv the ski bridge. This is a critical decision that impacts all ol'us an. k'orest Road. The path is used all the tune. Yn fact, it is a major safety issue as there are many childzet~ wl~o ga back attd forth to Lionshcad cm that path. liempr+ing the path only inswres that an accident is certain tv happen an the rvadP ! r We have two teenage bays and eau assure you that traffic over tl~e pa#h aid bridge is sig~'ii#'icantj We would like to second the proposal that the mennbers of the commission and some of us living in the area of concern meet to t+valk over the site sv that we can make clear how irrApoxtant this is to us. Thazrlc you far your consideration. an and Caryn pe 73 crest Road ail, C© 51657 ~ (303) 778-5580 cc: Fred Rundl'vrd To: Planning and Environmental Commission Town of Vail From: Fred Rumford 675 Forest Road Vail, CC} $1657 Topic: Bicycle/Pedestriangath on south side of Gore creek and the Ski Bridge Please allow me to make some points relative to the discussion concerning these points at the September Z2, 2003 public meeting. The path in question has been used by the public continuously since the ski bridge was built -since Lionshead carne rota existence. It was paved at the time the tennis courts were constructed. This path predates the bicycle path on the north side of the creek. The path on the north side is to be kept open aril this one should be as well, 'T'here is as much or more pedestrian traffic on this path than on the one north of the creek. The only practical way for those of us on the west end of Forest Road to access Lionshead, by the ski bridge, is by way of this path. My next point concerns the ski bridge itself. It has been my understanding that the existing bridge would be replaced by a new bridge which would accammodate both skiers and pedestrians. This point was not brought out in the meeting. I hope 1 am correct in this understanding. Those of us on both sides of the ski run use the bridge as pedestrians to walk over to the restaurants and shops in Lionshead. The skiers and pedestrians need to be separated. I would like to propose that the members of the commission and some of us living in the area of concern meet to walk over the site so that we can make clear haw important this is to us. Thank you kindly for your consideration. • XG; B~: ~A WHITNEY MACI~JIILLAN P.O. 60X 2187 LiC'JOI' STATION MINNEAPOLIS, MINNESp7A SS402 PHONE 612/355-4485 FAX 612/359-4489 September 23, 20C}3 Mayor Ludwick Kurtz Town ofi Vail 75 South Frontage Road Vail CO 81E57 Dear Mayor Kurtz: I am the owner ofi condo #3fl7 at Lianshead Centre Condominiums. We are violently apposed to converting the tennis courts to new lodging. We have enough lodging and enough ugly structures obstructing the view in Vail. Let's stop. Sincerely, ,~ ~. . UVM/mk c: Mr. Dan Zelmer, City Manager • r 1 Oct~10~ 2003 5~51PM 970 419 5527 Noe7565 P. 1 October 10, 2x03 TD: Warren Campbell Planning and Environmental Commissian/T4V 971479-2452 FRAM: Cathy Miskell 9701477-s~ol; {ce11) 970/376-7227 I cannot believe what T have just heard? I am just fit to be tied that the developer of the tennis court hoxnesites proposes to eliminate a portion of the bike path on the South side of Gore Creek. For years I walked that path twice a day, between my home in West Vail to my jab in Vail Village, and T can attest to its value and abiding importance to locals and tourists alike. Please don't participate in the kind of elitist mentality ~ tou often evident these days -- that willingly farsakes the good of many for the benefit of a fortunate few, T urge you to vote dawn this self-serving proposal at your meeting on Qctober 13~'. Thank you far your attention. ~~Skk.~sL_ ~~'-3-2C~~3 CS:mBP FROM: T0:197Q~}792452 P:~~1 'f0: 11+ir. Warren ~'ampl,ell i'lanning and ~n~rirotuti~.nlal Conuuission Town of Vaal 75 South rrnntag,c Road Vail, C() R1GS7 FRUM: Na7~Gy arttl hTeil 1Lttstriart RE: PcdcStrian Path an South ,Side cri`~nre +Creek DA 1'1~: ()ctolie~t 3, 2[I03 I hawe been a hotuevwner an ~I`est Faretit Road since 1981 and a Vail hcrnteawner since 1~7C~. Last year when the T,iollshcaci rettovatiat~ was in the plAUttirtg stages, Vail Resnrts sclreduleti a tzt.octisr,~ with s9.1 The lturnenwner's un I"G-resi Raarl who might lie itnpactetl 6y their rl~.tts ii~r the tennis cot~t~t area. ~'onceptuaI design work fur the new hotel, the utilization. ol'the h+1az7-iutt parking area for towrahauses au~l the single-family hnmes on thL tcrinis cat~rts were shown to those Qf us wlln attcrkded. 13111 Jensen mark: a specific ~oittt of indietttitig on the ~latxs that the existing Dike path ai-autul the tennis courts would remain such that those of tts wha live nn flue side t~ftl~e lalOLillt~tlt L:t1uItl walk lllto ~I011uhe~t[1. ~~'lus path haS hesil l1S~il by almost all oI'the West kot'cst Road residents sictce: the ski bridge was lust canstluotcd. tat acirlitian, there has Ueeri discu.45icn atic~ an understanduig tlt~tt the existing, ski bridge wets to be r4:~laceci by a new bridge, which would acconul7odatc berth skiers std pe~Icstria~tq at the same time. As ynu fl,re aware, it is extremely dan~;eraus for a pedestrian, Irarticttlarly t3lase witkt smhll cl~ildicn, to attempt to cross tkie b>~tige as long as skiers are nll the mountain. • r'1 ~.J Prior. to tnakirtg any final decision, x think. it ~trudent for thy; cammisscr» to fnc;et with those of us wlru sPenc3 a large part a!'trur lime art tl~aa si+~e of the mflutitaiu anti tinclersland our views ittlci carte.erns. Send By: ; 30~ 770 8918; Qct-7-03 3:14PM; Page 1/2 l~ BY FfIX 9?0-479-2452 October 7, 2003 is • Nancy 5. darn 49'75 East Preserve Court C;reenwood Village, CQ B(~ l ~ 1 303-77a-5383/Fax 3a3-77U-$91S 1~5AVail(~aol.corr~ Ta: V~Jarren Campbell Planning and Environmental Cvrr~mmission Town of Vail Re: (Jct©bex 13, 2003 Hearing an Development of Livnshead Tennis Court Site Due to unavoidable circumstances, I will not be able to attend the meeting next Monday. Please distribute a capy of this Letter to all of the members of the Comnussi©n for C©nsideration, It is imperative tv the Forest Road hameowner5 as well as Lianshead vi sitars that this bike path be maintained. Thank. you, Nark Adarn Y cc: Joni V~ite-Taylor :fit By; ; 3fl3 770 891 S; Oct-7-03 3;15PM; 'Page 2I2 • BY FAX 97~-479-242 Uctober 7, 20U3 Fancy ~. Adam 4975 Sass Preserve Coup Greenwood Village, CQ 80121 303-770-53133/Fa~c 3U3-770-891$ NSAVa~]~r~ao]-corn To: Taws of Vail Planning and Environmental C~~~u„ission Re: Aicycle~Aedestrian Path on 'South Side of'Gore Creek and the Ski Bridge I had hailed to attend the meeting an this matter on Monday, October i 3, 2QD3, but due to unavoidable conflicts that arose, .I will. n©t be able to attend the meeting and hope that you will take into consideration the concerns raised in this letter. Y have been a second ham~e owner on Forest Road since 1993. One of the amenities that provides safety and access to our Name is the bike path 1©cated along the South `side of Gyre Creep. it enables residents and visitors to safely access Lianshead, skiing and the bus stop. It i s my understanding that the proposal to construct 4 residences at the site currently occupied by the tennis courts includes the elimination of this bicycle path tv the detriment of the residents, visitors and other users Hof this path. 1~hi1e we appreciate the desire of the property owner to develop this site, we urge the Town of ~lai1 to require the maintenance of this safety route. The alternative of walking or riding up to the top of the ~lic~et is a strenuous, steep grade to traverse far most pedestriarss and bike riders. Please keep this safe access route available to all. Thank you, .. 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