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HomeMy WebLinkAbout2004-0322 PECPLANNING AND ENVIRONMI~NTAL COMMISSION PUBLIC MEETING Monday, March 22, 2004 MEMBERS PRESENT MEMBERS ABSENT Gary Hartman Erickson Shirley Doug Cahill Chas Bernhardt Johns Scofield George Lamb Rollie ICjesbo Site Visits : **NO LUNCH 'WVILL BE PROVIDED FOR THIS MEETING** 1. Driver. NOTE: If the PEG hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 Public Hearinq -Town Council Chambers 2:00 pm 1. A request for a final review of a proposed amendment to the Town of Vail ©fficial Zoning Map to change the zoning of the West Vail Lodge Properties from Commercial Core 3 (CC3) to High Density Multiple Family (HOME), located at 2278, 2288, 2298 Chamonix Lane and 22i 1 North Frontage Road! Lots t, 2, 3, and Tract C Vail Das Schane Filing 1 and Inn at West Vail Lot 1, Block A, Vail Das Schane Filing 3, in accordance with Section 12-3-7, Vail Town Code, and setting forth details in regard thereto, Applicant: Vanquish Vail, LLC, represented by Allison Ochs Planner: Matt Gennett Recommendation of Denial MOTION: Doug Cahill SECOND: Gary Hartman VOTE: 6-0 CONDITIONS: Matt Gennett made a presentation per the staff memorandum indicating that staff continued to recommend denial of the request to rezone the property. Staff informed the Commission that in spite of the Commission's explicit direction from the previous meeting, that the applicant had again requested that the rezoning be tabled by the Commission to allow for additional time to revise the application. Following public input on the application, the Commission members indicated that they could not vote in support of the rezoning request as the request did not comply with the goals and objectives of the Vail Land Use Plan and the Zoning Regulations. The Commission members further expressed their disappointment with the applicant stating that the applicant had clearly abused the process, wasted valuable time, and failed to even attempt to cooperate with the Commission and staff when the Commission and staff had made every attempt to work with the applicant°s needs. 2. Information Update 3. Adjournment ~. ., TOi~NU~'yAfL M~DTION: Dvug GahiVl SEGOND: Gary Hartman VUTE: 6-0 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 Tawn of Vail Community Development Department, 75 South Frontage Road. Please call 479-2~ 38 far information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2358, Telephone for the Hearing Impaired, for information. Community Development Department Published, March 5, 2004 in the Vail Daily. • 2 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING Monday., March 22, 20[}4 MEMBERS PRESENT MEMBERS ABSENT Site Visits : **NO LUNCH WELL BE PROVIDED FOIE THIS MEETING** 1. Driver: NOTE: ff the PEC hearing extends until 8;00 p.m., the board may break for dinner from 0:00 - 8:30 Public Hearing - Tawn Council Chambers 2:00 prn A request for a final review of a proposed amendment to the Town of Vail ©fficial Zoning Map to change the zoning of the West Vail Lodge Properties from Commercial Core 3 fCCB) to High Density Multiple Family {HDMF), located at 2278, 2288, 2298 Chamonix Lane and 2211 North Frontage Roadl Lots 1, 2, 3, and Tract C Vail Dos Schone Filing 1 and Inn at West Vail Lot 1, Black A, Vail Das Schone Filing 3, in accordance with Section 12-3-7, Vail Town Cade, and setting forth details in regard thereto. Applicant: Vanquish Vail, LLC, represented by Allison Ochs Planner: Matt Gennett MOTION: SECOND: VOTE: CONDITIONS: 2. Information Update 3. Adjournment MOTION: SECOND: VOTE:. 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, far information. Community Development Department Published, March 5, 2404 in the Vail Daily. n yl` it MEMORANDUM TC}: Planning and Environmental Commission FROM: Community Development Department DATE: March 22, 2004 SUBJECT: A request far a final recommendation to the Vail Town Council of a proposed Zone District Boundary amendment pursuant to Section 12-3-7, Vail Town Code, to the Tawn of Vail Official Zoning Map, to rezone the West Vail Lodge Properties, from Commercial Core III (CC3) to High Density Multiple Family (HOME), located at 2278, 2288, 2298 Chamonix Lane and 2211 North Frontage Road{Inn at West Vail Lat 1 131ock A, Vail Das Schone Filing 1, and setting forth details in regard thereto. Applicant: Vanquish Vail, LLC Planner: Matt ~Gennett 1. SUMMARY C?n January 26, 2004, the Planning and Environmental Comrnissian (PEC) heard the applicant's request, as stated above, and during the deliberation portion of the hearing, unanimously expressed that the applicant's proposal could not be supported. as submitted. However, the PEC voted to table the application, at the applicant's request, to allow the applicant an opportunity to be more creative and submit revisions to the proposal which are in compliance with the Town's development objectives. C}n February 9, 2004, the PEC tabled the application at the applicant's request, Hating in the record that no new proposals or progress had been made by the applicant. On February 23, 2004, the PEC tabled the application at the applicant's request, Hating in the record that no new proposals oe progress had been made by the applicant. Can March 8, 2004, the PEC tabled the application at the applicant's request, noting in the retard that no new proposals ar progress had been made by the applicant. II. STAFF RECC)MMENI]ATIC)1V The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of dental to the Town Council of an amendment to the Official Tawn of Vail Zoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, Vaii Town Code, to rezone the West Vail Lodge Properties, as described above. Staff's recommendation of denial is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: (1 }That the amendment is not consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and not compatible with the development objectives of the Town; and (2} That the amendment is not compatible with and suitable to adjacent uses and not appropriate for the surrounding areas; and (3} That the amendment does no# promote the 'health, safety, morals, and general welfare of the town and does not promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and 'rts established character as a resort and residential community of the highest quality. Should the Planning and Environmental Cornrrmissian choose to forward a recommendation of approval to the Town Council, the following findings must be made: (1 }That the amendment is c®nsistent with the adopted goal, 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. Ill. ATTACHIVIENTS A. Staff memorandum from the January 26, 2004 I'EC hearing • 2 .Attachment: A MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 26, 2004 SUBJECT: A request for a final recommendation to the Vail Town Council of a proposed Zone District Boundary amendment pursuant to Section 12-3-7, Vail Town Cade, to the Town of Vail Official Zoning Map, to rezone the West Vail Lodge Properties, from Commercial Core III {CC3} to High Density Multiple Family (HDMF}, located at 2278, 2288, 2298 Chamonix Lane and 221' 1 North Frontage Roadllnn at West Vaii Lot 1 Block A, Vail Das Schone Filing 1, and setting forth details in regard thereto. Applicant: Vanquish Vail, LLC Planner: Matt Gennett !. SUMMARY The applicant, Vanquish Vail, LLC, has requested a change in the zoning designation of the West Vail Lodge properties, as described above, from Commercial Core III {CC3) to High Density Multiple Family (HOME}. The West Vail Lodge is in a state of nonconformity with the standards of the CC3 zone and is subject to the provisions of Sections 12-8-4 and 12-8-5, Vail Town Code, which place restrictions on nonconforming uses, and structures and site improvements, respectively. The current use as a hotelllodge is not a permitted, conditional, or accessary use in the CC3 zone district. It is staff's position that rezoning the su ~iect property will result in a significant lass of actual sales tax revenues, and an even larger loss of future, potential sales tax revenues. Staff is recommending denial of the applicant's proposal based upon the criteria and findings contained in Section VIII of this memorandum. II. ©£SCRIPTION OF THE REQUEST The applicant, Vanquish Vail, LLC, has proposed to rezone the "West Vail Lodge Properties", which comprise 2298, 2288, 2278 Chamonix Lane and 2211 North Frontage Road 1 Inn at. UVest Vail, Lot 1 Block A, Vaif Das Schone Filing 3, and Lots 1, 2, 3, and Tract C, Vail Das Schone Filing 1, from Commercial Core 3 {CC3} to High Density Multiple Family (HDMF}, pursuant to Section 12-3-7, Vail Town Code. The applicant concedes that Public Accommodation {PA} would also be an appropriate zone district, but the long-term goals of the property owner are more congruent with the standards and uses of the HDMF zone. What the applicant wishes to accomplish with the requested zone change is the establishment of fractional fee units in the existing structure and construction of a new hotel facility on the northwestern portion of the site. IV. BACKGROUND In 1979, the West Vail Lodge was constructed under the jurisdiction of Eagle County and contained $3 accommodation units (hotel rooms), 19 dwelling units, and substantial commercial square footage. In the early 1980s, the West Vail Lodge Properties were annexed into the Town of Vail by Ordinance No. 43, Series of 1980, and received the zoning designation of Commercial Core Ill (CC3). In 2003, the new owners of the West Vail Lodge, Vanquish Vail, LLC, received Design Review Board approval for minor exterior alterations, which entailed repainting and stone veneer work. ROLES QE THE REVIEWING BOARDS ZoninalRezonina Request Planning and Environmental Commission: Action: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: Action: The Design zoninglrezonings. Review Board has no review authority on Town Council: Action: The Town Council is responsible for final approvalfdenial of a zoninglrezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. 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 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. • 2 V. APPLICABLE PLANNING I3000MkNTS Title 'i2, Zoning Regulations. Vail Town Gode 'i2-3 Administration (in part) 72_3-7 Amendment: 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 town council fi accordance with fhe procedures prescribed in this chapter. B. initiation: 7. An amendment of the regulations of this title or a change in district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on ifs own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petifion for amendment of the regulations or a change in district boundaries shall be tiled on a farm to be prescribed by the administrator. The petition shall 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 district boundaries, fhe petifion shat! include a list of the owners of all properties within the boundaries of fhe area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of alt owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying fhe list shall be stamped, addressed envelopes to each owner to be used for the 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 disfrict boundary amendment, the planning and environmental commission and town council shat! consider the following factors with respect to the requested zone district boundary amendment: (1) The extent to which the zone disfrict amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in fhe Vail comprehensive plan and is compatible with the development objectives of the town; and 3 (2) The exfent to which the zane district amendment is suitable with the existing and potenfial Pand uses on the site and existing and potenfial surrounding land uses as set out in the fawn's adopfed planning documents; and (3) The exfent to which the zone district amendmenf presents a harmonious, convenient, workable refafionship among land uses consistent with municipal developmenf objectives; and (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 inferests of the community as a whole; and (5) The exfent fa which the zane district amendmenf results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air qualify, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and (fi) The exfent fo which fhe zone district amendmenf is consistent with the purpose statement of the proposed zone districf; and (7) The extent fo which the zone district amendment demonstrates haw conditions have changed since the zoning designation of fhe subject property was adopted and is no longer appropriate; and (8) Such ofher factors and criteria as the commission and/ar council deem applicable to fhe proposed rezoning. b. Necessary Findings: Before recommending and/or granting an approval of an application for a zone districf boundary amendmenf fhe planning and environmental commission and the town council shall make the faNowing findings with respect fo fhe requested amendment: (7) That fhe amendmenf is consistent with the adopfed goads, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and (2) Thaf fhe amendmenf is compatible with and suitable fo adjacent uses and appropriate for the surrounding areas; and (3) That the amendment promotes the health, safety, morals, and general welfare of fhe town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and ifs established character as a resort and residential community of the highest qualify. F. Planning And Environmental Commission Recommendation: Within twenty (2U) 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 wifh such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, fo the town council, 4 G. Hearing ey Town Council. Upon receipt of fhe report and recommendation of the planning and environmental commission, the town council shall set a date for hearing in accordance with subsection 92-3-68 of this chapter. H. Acfion By 7"own Council: Within twenty (2UJ days of the closing of a public hearing on a proposed amendment, the town council shall act on the petition or proposal. The town council steal! consider but shall not be bound by the recommendation of the planning and environmental commission. The town council may cause an ordinance to be introduced to amend the regulations of this title or to change district boundaries, either in accordance with the recommendation of the planning and environmental commission ar in modified form, or the council may deny the petition. If the council elects to proceed with an ordinance amending the regulations or changing distrrcf boundaries, or both,. the ordinance shall be considered as prescribed by the charter of the town. Chapter 6 Residential Districts ARTICLE H. HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT SECTIQN: 1~-taH-1: Purpose The high density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (2~) dwelling units per acre, together with such public 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, and other amenities commensurate with high density apartment, condominium and lodge uses, and t^ 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 to blend harmoniously with the residential character of the district. 12-6H-2: Permitted Uses The following uses shall be permitted in the HDMF district: lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (1©%) of the total grass residential floor area (GRFA) of the main structure or structures on the site; additional accessary dining areas may be located on an outdoor deck, porch, ar terrace. Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. 12-6H-3: Conditional Uses 5 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 chaster 16 of this title: Bed and breakfast as further regulated by section 12-14-18 of this title. Churches. Dog kennel. Home child daycare facility as further regulated by section 12-14-1 ~ of this title. Private clubs and civic, cultural and fraterna9 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 tows. Time share estate units, fractional fee units and time share license units. Type III employee housing units {EHU) as provided in chapter 13 of this title. 12-6H-4: Accessary Uses The following accessory uses shall be permitted in the HDMF district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential and lodge uses. l7ther uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6H-5: Lot Area. and Qimensiar~s The minimum lot or site area shall be ten thousand {10,OQ0} square feet of buildable area, and each site shall have a minimum frontage of thirty feet {3©`}. Each site shall be of a size and shape capable of enclosing a square area eighty feet {80') on each side within its boundaries. 12-6H-fi: Setbacks • 6 The minimum front setback shall be twenty feet {20'}, the minimum side setback shall be twenty feet {20"}, and the minimum rear setback shall be twenty feet {20'}, 12-6H-7: Height Far a flat roof or mansard roof, the height of buildings shall not exceed forty five feet {45'}. For a sloping roof, the height of buildings shall not exceed forty eight feet {4$'). 12-fiH-8: Density Control Not more than sixty {60} square feet of gross residential floor area {GRFA} shall be permitted for each one hundred {100} square feet of buildable site area. Not more than sixty {60} square feet of gross residential floor area shall be permit#ed far each one hundred (100} square feet of buildable site area for any conditional use listed in section 12-6H-3 of this article. Total density shall not exceed twenty five {25} dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half {112) of a dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third {1!3) of the total floor area of the dwelling. 12-fiH-9: Site Coverage Site coverage shall not exceed fifty five percent {55%} of the total site area. 12-6H-1 i1: Landscaping and Site Development At least thirty percent {30%} of the total site area shall be [andscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet {15'} with a minimum area not less than three hundred {300) square feet.. 12-6H-11: Parking and Loading ©ff-street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy five percent {75%} of the required parking shall be located within the main building or buildings and hidden from public view or steal! be completely hidden from public view from adjoining properties within a landscaped berm, No parking shall be located in any required front setback area. Chapter 7 Commercial and Business Districts ARTICLE D. COMMERCIAL CORE III (CC3} DISTRICT SECTION: 12-D-1: Permitted Uses The following uses shall be permitted in the commercial care 3 district: Banks and financial institutions, 7 Eating and drinking establishments, including the following: Cocktail lounges, taverns and bars; Coffee shops; Fountain and sandwich shops; Restaurants. Health clubs Personal services and repair shops, including the following: Barbershops; Beauty shops; Business and officer services; Cleaning and laundry pick-up agencies without bulk cleaning or dyeing; Coin-operated orself-service laundries; Shoe repair, Small appliance repair shops, excluding furniture repair; Tailors and dressmakers;Travel and ticket agencies. Professional offices, business offices, and studios Retail stores and establishments without limit as to floor area including the following: Apparel stores; Art supply stores and galleries; Auto parts stores; Bakeries and confectioneries, preparation of products for sale an the premises; Bookstores; Building materials stores without outdoor storage; Camera stores and photographic studios; Candy stores; Chinaware and glassware stores; Delicatessens and specialty food stores; Department and general merchandise stores; Drugstores and pharmacies; Florists; Food stares; Furniture stores; Gift stores; Hardware stores; Health food stores; Hobby stores; Household appliance stores; Jewelry stores; Leather goods stores; Liquor stores; Music and record stores; Newss#ands and tobacco stores; Photographic studios; Radio and #elevision broadcasting studios; Radio and television stores and repair shops; Sporting goods stores; Stationery stores; Supermarkets; Toy stares; Variety stores;. Yardage and dry goods stores. Additional offices, business, or services determined #o be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: Conditional Uses The following conditional uses shall be permitted in the comrrmercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 1 B of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfast as further regulated by section 12-14-1$ of this #itle. Brew pubs. Child daycare center, Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennel. Drive up facilities. Major arcade. Massage parlors. Outside car wash.. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting roams, and convention facilities. Transportation businesses. Type ill employee housing units {EHU} as provided in chaoter 13 of this title. 12-7D-~: Accessory Uses The following accessory uses shall be permitted in the commercial core 3 district: Hame occupy#ions, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Minor arcade. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential. ©ther uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7D-4: Lot Area and Site Dimensions The minimum lot or site area shall be twenty five thousand {25,800} square feet of buildable area, and each site shall have a minimum frontage of one hundred feet {100'). 12-7D-5: Setbacks In the commercial core 3 district, the setback shall be twenty feet {20'} on all exterior boundaries of the zone district. 12-7D-B: Height For a flat roof or mansard roof, the height of buildings shall nat exceed thirty five feet {35'). For a sloping roof, the height of buildings shall not exceed thirty eight feet (3$'}. 12-7D-1: Density Control Not more than thirty (30} square feet of gross residential floor area (GRFA} shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed twelve (12} dwelling units per acre of buildable site area. 9 12-7©-8: Site Coverage Site coverage shall not exceed forty percent (40%) afi the total site area. 12-7D-9: Landscaping and Site Development At least twenty five percent (25%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15") with a minimum area not less than three hundred (300) square feet. 1Z-7D-10: Parking and Loading ©ff-street parking and loading shall be provided in accordance with chanter 10 of this title. No parking or loading area shall be located in any required front setback area. 12-7D-11; Location of Business Actiivty A. Limitation; Exception: All permitted and conditional uses by sections 12-7D-1 and 12- 7D-2 of this article, shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclased by a conditional use permit and the outdoor display of goods. B. C)utdoor Display Areas: The area to be used far outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. WI. POTENTIAL SITE ZONING ANAYSIS (Note: The subject property is comprised of five separate lots totaling 3.94 acres or 172,018 sq fit.) Project site: Lots 1, 2, and 3, and Tract C, Vail Das Schone Filing 1; and Lot 1, Block A, Inn at West Vail Proposed Zoning: High Density Multiple-Farniiy (HOME) Land Use Designation: Community Commercial & Medium Density Residential Current Land Use: Lodge/HotellEating & Drinking Establishments Development Standard Existing Allowed.IRea. (CC3} AllowedlReq. (HOME) Lot Area: 172,018 sq ft 25,000 sq ft 10,000 sq ft Buildable Lot Area: 3.890 acres 25,000 sq ft 10,000 sq ft (160,448 sq ft) Setbacks: Front: 63' 20' 20' Sides: 123'149' 20' 20' Rear: 82' 20' 20' Building Height: l0 • Flat roof: 35' 45' Sloped roof 66' 38' 48' Density: 19 DUs & 46 ©Us & 98 DUs & 83 AUs 0 AUs 49 AUs GRFA: 43,632 sq ft 51,600 sq ft 103,200 sq ft Site Coverage: 16% 40% 55% {34,538 sq ft} {68,801 sq ft) (94,602 sq ft) Landscape Area: 14% 26% 30% {24,082 sq ft} {43,001 sq ft) (51,601 sq ft} VII. SURROUNDING LAND USE S AND ZONING Land Use Zaninq North: Residential Two-Family PrimaryfSecondary Residential {PS) South: {I-70) NA East; Commercial Commercial Core III (CC3} West: Commercial & Commercial Core Ill (CC3} & Twa-Family Residential Primary/Secondary Residential {PS} Vlll, CRITERIA AND FINDINGS {1 } The extent to which the zone district amendment is consistent with all the applicable elements of the adapted coals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and ©f the total area of the site, approximately 86% is designated by the Town of Vail Comprehensive Land Use Plan as Community Commercial, as is the remainder of the CC3 zone district, and 14°!0 {Lots 1, 2, and 3, Vail Das SchanB, Filing 1 } as Medium density Residential. The Vail Land Use Plan allocates 12.5°/© of the total land area in Vail toward the Medium Density Residential designation, and 0.7% toward Community Commercial. The plan also forecasts a shortfall in "local related retail space" of 18,422 square feet and suggests intensifying the Community Cammercia! uses located exclusively in West Vail as the preferred remedy to this problem. The relevant portion of the Vail Land Use Map has been attached for reference (see Attachment F}. Under the "Preferred Plarr" Larrd Use Pattern section of the Vail Land Use Plan, the following is stated {p. 36}: • B. Commercial Uses 4. Community Commercial This new category has been designated far the west Vail commercial area, which is primarily oriented to serve the needs of the permanent resident and the long-term visitor. Because the community expressed the desire to concentrate commerciaf uses within existing commercial Hades, n© new commercia! areas have been designated. The CC land use area contains 24 acres or 1 % of the fond area. Following this vision expressed by the community, it is not prudent to recommend approving a zone change request that would effectively remove a substantial portion of the Community commercia! land use area that will not and cannot be replaced. Of the 24 acres that comprise the Community Commercial area and GC3 zone district, one-sixth {1/t3), ar four acres, is made up of the West Vail Properties. Because of the way the plan is written, as demonstrated above, the Vail Land Use Plan would need to be amended to accomplish the proposed zone change, which staff could not recommend approval for either. The community specifically expressed the desire to concentrate community commercial uses in the GC3 zone district, which„ again, exists only in this one area of West Vail. There is no other location in town zoned for community commercial uses, and many other locations zoned for high density multiple family uses to locate. ]f the applicant proposes to amend the Vail Comprehensive Land Use Plan, then staff would recommend a reconvening of the citizenry in order to reconsider the specific vision originally expressed by the community in the plan for the area in question. As they stand today, the Community Commercial land use designation and the CC3 zone district work in concert together to serve the needs of the Town of Vail as a viable community. If this relationship and scarce resource are allowed to be disrupted and severed by such an extreme shift in zoning and land use„ the consequences will be detrimental to the functionality of the entire Town of Vail. The Vail Land Use Pian designates Lots 1, 2, and 3, Vail Das Schone, Piling 1, as 1111edium Density Residential, which is described as follows: Medium Density Residential The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and instifutionallpublic uses such as parks, open space, churches, and fire stations. The Vail Land Use Plan designates Lot 1, Block A, Vail Dos Schone, Filing 3, and Tract C, Vail Das Schone Filing 1, as Community Commercial, which is described as follows: Gommunity Commercial This area is designed to meet consumer demands from community residents. Primary uses would include supermarkets, dry cleaning establishments, hardware stores, service stations, financial institutions, and medical offices. 12 The design of These facilities would be oriented toward vehicular access and parking. {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; and Staff response: The West Vail Lodge itself is in a state of nonconformity with the standards of the CC3 zone district in terms of its use as a hotel/lodge, which is not a permitted, conditional, or accessory use in the CC3 zone district. The Commercial Core 3 (CC3) Zone District is unique in the Tawn of Vail as it alone provides the basic gaols and services that a community needs in order to function on a daily basis, as demonstrated in the list permitted uses (refer to Section V of this memorandum).. The applicant states there is a rational nexus for their proposal between the land use designation for the three lots called out as Medium Density Residential and the requested zone change to HDMF (See attachment D). Staff disagrees with this stated connection for numerous reasons. There are significant differences between a Medium Density Residential land use designation, as stated !n the Town of Vail Comprehensive Land Use Plan, and the standards of the High Density Multiple-Family zone district, as stated in Title 12, Zoning Regulations, Vail Town Code. More fundamentally, there is a substantial difference between what constitutes regulation and that which constitutes a guiding policy. AdditionalEy, the existing zoning of the entire 3.9 acre subject property, and the properties on either side, is CC3. +0f the total area of the site, approxirnately 86°l0 is designated by the Land Use Plan as Community Commercial, as is the remainder of the CC3 zone district, and 14% (Lots 1, 2, and 3, Vail Das Schone, Filing 1) as Medium Density Residential. While there is a strong connection between the standards of the CG3 zone district and the details of the Community Commercial land use designation, the same cannot be said of the relationship between the HDMF zone district and the Medium Density Residential land use designation. Also, there are no HDMF zone districts in the West Vail area and the CC3 zone district exists no place else except in the West Vail area.- {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 small amount of land zoned CC3 is intended to serve the year-round residents, which include a significant portion of the local labor force, living in the Town of Vail. Zoning, in general, was created and established to separate certain types of land uses and organize them in a logical, compatible manner. Separated zone districts protect certain uses by keeping like uses in one area, and not allowing dissimilar uses in the same area. Likewise, zoning sets market expectations for land values and curbs speculation by specifying what is allowed and what is not allowed in a certain zone district. 13 Far example, the uses in the CC3 zone district are protected by the fact that a property owner in CC3 would not expect to sell an acre of land for the same price as an acre in the High Density Multiple Family (HOME) zone district. The reason for this is that the "highest and best use" in HDMF might be fractional- feeltirneshare, which could be developed and resold for a much larger profit than a grocery store, perhaps the "highest and best use" in CC3, In this way, the Community Commercial oriented uses in the CC3 zone district are protected from land value speculation because investors have a list of what uses are permitted in the CC3 zone district. {Q.) 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: How could the Planning and Environmental Commission (PEC) justify a radical shift in zoning far such a large parcel of land, and not for any of the smaller lots in CC3? Defending the position that. the proposal would not result in a spot zoning would be ethically impossible for a planner to do in this case. Given that there are no other gaps in the CC3 zone district today and the gaping disparity between the types of uses permitted in HDMF and CC3, there is no context for this proposal Furthermore, the subject site constitutes one- sixth {1f6), or twenty percent (2Cl%), of the entire CC3 zone district. Permitting such a radical shift in zoning for such a large piece of the already tiny CC3 zone district would not serve the best interests of the community that depends upon this zone district for their goods and services. Equally relevant are the economic consequences of rezoning such a large portion of the West Vail commercial area. According to the Town of Vail's Finance Department, West Vail, Cascade Village, East Vail, and Sandstone together generated $3,569,707 in sales tax revenues. Qf this total, approximately 90%, or $3.2 million, came from the businesses in the CC3 zone district. Considering that the subject property encompasses 20% of the CC3 zone district, a substantial amount of sales tax revenues will be last to the town. More importantly, a huge percentage of potential future sales tax revenues will be last to the opportunity cost of rezoning four acres of commercially zoned land to high density multiple-family. If the four acres in question were redeveloped to fit the zoning, rather than rezoned to fit the development, a significant amount of new sales tax revenues could be realized by the Town of Vaii. {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: It is staff's belief that the proposed rezoning of the West Vail Lodge Properties would be detrimental to the Town of Vail's future as a viable 14 community because it will likely cause a "Domino Effect" for the rest of the GC3 zone district. If the 3.9 acre subject site is rezoned to HDMF, the land instantly increases in value because its maximum potential, in terms of profitability, increases exponentially. ©nce this "spot zoning" is accomplished, the surrounding landowners will observe the potential being realized on a neighboring property and expect the same can be accomplished on their own. While a rezoning does not necessarily establish a legal precedence, it does set up an example where, in this instance, a radicaC shift in type and intensity of uses that are entirely outside the scope of the previous zone suddenly becomes reality. Why would a neighboring property owner choose to retain his or her land in its capacity as a Laundromat or hardware stare if the owner knows that it is plausible to apply far a zone change which could result in an exponential rise in property value? {fi) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and Staff response: The Purpose Statement of the HDMF Zone District is stated as follows: The high density multiple-family district is intended to provide sites for multiple-family dweClings at densities to a maximum of twenty five (25J dwelling units per acre, together wifh such public 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 t© ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirabfe residential and resort qualities of the district 6y establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter grad summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential characfer of the district. The purpose statement of the HDMF zone district clearly contemplates residential dwellings, hotelllodges, and recreational facilities oriented toward the visitor ail blending together in a harmonious pattern. Under the applicant's proposal, the envisioned, harmonious pattern and context of development is not possible because of the predominantly Community Commercial land uses already located in the irnmedaate vicinity. Hardware stores, liquor stores, dry cleaners and supermarkets do not blend harmoniously with resort accommodations and condvminaurns. It is staff's belief that the proposed zone distract amendment is ill conceived as it is not consistent with the purpose statement of the proposed zone district. (7) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and 15 Staff response: Conditions have not changed substantially since the zoning designation of the subject property was established, as can be discerned from the uses that surround the West Vail Lodge in the CC3 zone district- Every other use present in the GG3 zone district beside the subject property is in conformance with the comprehensive land use plan and the standards of CC3. The zoning designation of the site in question is still more than just appropriate and remains vital, especially considering the size of the combined area of the West Vail Lodge Properties. The fact that a preexisting, nonconforming land use and structure remain on the site does not grant an inherent justification for the nonconformities to continue and develop further. The zoning designation for the site is crucial to the Town of Vail's present and future sales tax revenues, and the site should be redeveloped to meet the standards of the GC3 zone district, rather than rezoned to better suit the needs of the developer and to fit the parameters of the preexisting nonconformities. ($) Such other factors and criteria as the commission andlor council deem applicable to the proposed rezoning. 1X. STAFF RECOMMENDATION The Community G+evelopment Department recommends that the Planning and Environmental Commission. forwards a recoraimendation of denial to the Town Council of an amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, Vail Town Code, to rezone the West Vail Lodge Properties, as described above. Staff's recommendation of denial is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: (1) That the amendment is not consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and not compatible with the development objectives of the Town; and (2) That the amendment is not compatible with and suitable to adjacent uses and not appropriate for the surrounding areas; and (3) That the amendment does not promote the health, safety, morals, and general welfare of the town and does not 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- Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Town Council, the following findings must be made: (1) That the amendment is consistent wi#h 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 16 (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, X. ATTACHMENTS A. Vicinity Map E. Site & Floor Pians C. Adjacent Property Owners/Public Notice Q. Applicant's Proposal E. Zoning Map (excerpt) F, Land Use Map (excerpt) • 17 Attachment: A At~a~'~ment: ~ ~ 4 ~o-M~. } ~'~ b 4 Est .~ ~ ~ ~ ~ ~~\ ~ h g~ ~~ # ~ fit. ' , ~ ~€ den ~ ~ ~ y1~ , ~ ~ - ,_ w gag~~~ ~ ,: - 7 ~ ~ ~ ~ ~' ~~~ xxsr°a°; fix' .;~~ ~F~~jyz ~~~~~~ 3a ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~` ~ {y ~;~ ¢¢ g¢ ~ ~~~~~~~ ~ Fix ~~ Yt y3~yFa ~'€g ~yyy9 • ~ ~ g ~ A ~ ~ ~ ~ bP ~ ~~ _ e~sE ~S~~ ~ 3 ^~ ~`~~ ~i3.'4:~ pY° 3 e~~~. $n ~Yj+i ~\ U ii{if~ ~ E'~~i~3~'~~~f~ ~ s,.#YS of ~ 2~ ~~ ? s e ~R 3.h G _. i i d J ~ 4 L V,~ {~ '~a~54 ~ ~~ ~~~~5~~~~s~~ ,',o ,~ _~ ~~~jJf ~:y~ r '~ b ~ " ~~ ~ ~ ' " ~'~-~ O ~ ~`• '~ Cr `.' ~` /~ r~~'/ L /i; i (~~ U~ O / ~ a ~ e J 4~ ~' ~ ~, i _~_ .~.~;.. ~ O r x ' 4 ~ ~ ~~ 1 _._ y/ ~~ , ,~ ~\ ~ ~ ~ ~- ~. 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P fi.. @ .' f a . ~ ~ .? S ~ 1 +u ~ a.e ~ 99,7 ~ - - "1 '* `. ~` ;u Z 8~~~ti1°,~ r ~ ~ ~~ 3± r~ !ylL ` R+` ~i1~ " i 3z ~ _ ~~; - _--------- 8 a l C~ 3; ~~~ r. ._ ~ - 7G §~ 3 ~ ~ ` ~3`,y 1'+ {~ ~° ~ ,~ ~~g' ~ o a ~8a' p s3 \R\~l l~ L s ~ 2 \\ LA ~ 1 ~a C. ~ ~~ 1 ~ r+ ' ~'~ LL 1 ~ y pJl~ 1} 1 U w ,$ ~ a~ ~~~~~~~~~~~~~~~~F" _~ • ! ~ ~ ~ aWa+%.aodQ~Y° ~ III ,, '+' ,ti ~ t~ e ~ I ~` 1 i Y [~ g~ a. @ k` 4 ~o r.; `"' 1~ A • }~ ~~~ =~~~;~ °~~.~ t ~~ o~ Ei Sk ~~~ ~~~~ ~~ iC }S a iigg "~ ~~ ~E. ~ ~^ 4iTaei ryi$k~ C L C C } L L • W 0 ~ ~ r~ l 1 0 ~ ._ U -ro c ,o ~ _ ~ > -~ C O U ~ ~ ~ a o ~ ~. -- ~ W 0 ~ cv N • ^ ^ 0 0 • ^ 1/i t!: M VI N Vi N Q tv ~n~~n u^ to ~ Q ~ o t~v D7 N ~ r ~ N ~ K r%i~ rr ~Yi .~~P,JI{ /~y ~ ~~ „s c~ ' ~. ., tJ ~ ~f ~: :=. ~~ o- s .~, i~~ ~ ~ ~, ~" ~ "~ ~» ~ ~g ;~ -~r ~. ~ ~ a ~~~~ r ~ ~ ~ ~ ~~ ~ ~~ ~ .._~ ~~~~~ r~ ~~ d ! n ~ W~~ p joy C Attachrrtent: C Property McDonalds 2172 N. Frontage Rd. 21.4311.415414 West Vail Mall 2171 N. Frontage Rd. 214311415412 First Bank 2271 N. Frontage Rd, 214311415020 Town of Vail 214311415018 Lot S, Block A, Vail Das Schone Filing 1 2309 Chamonix Lane 214311401430 Lot 7, 2299 Chamonix Lane 210311401007 Lot 6 2289 Chamonix Rd. (Sunlight North} 210311408001 214311405442 210311408003 210311405444 Lot S 2269 Chamonix Rd, 214311407001. 214311407042 210311.447443 210311407044 Mailing Address ~ i ' MCDONALDS CORD ! PO BOX 1329 GLENWOOD SPRINGS, CO 81642-1329 WEST VAIL MALL CORP 233 MILWAUKEE DENVER, CO 80246 FIRST BANK OF VAIL CIO FIRSTBANK HOLDING CO PO BOX 154497 LAKEWOOD, CO 80215 TOWN OF VAIL 75 S FRONTAGE RD VA1L, CO 81657 AUGUST, CAREY Z. & BRETT A. -JT 399 FULLERTON PARKWAY CHICAGO, IL 60614 VINEFERA INC PO BOX 3819 VAIL, CO 81658-3819 GARBS, DWIGHT S. & JULIE L. 224 CAM[NO DE LAS COLINAS REDONDO BEACH, CA 90277 BROWN, ASHLEY C. & ELIZABETH M. GOONEY 2289 CHAMONIX LN 2 WAIL, CO 51657 GARBS, WARREN M., LAURA A. & CHRISTOPHER S. 2289 CI-IAMONIX LN UNIT 3 V A [ L, CO S 1657 GOLDEN, DAVID S. C/0 GAIL NIARGOLIES REID CP.A PC 4555 MANSELL RD STE 120 ALPHARETTA, GA 34022-8278 MOrt~~ l~, GREGORY J. & CHRISTINE P. 2958 S FRONTAGE RD B 15 VAIL, CO 81657 SANDERS, JACK S. 730 HOBBS RD JErr~RSON CITY, MO 6S 109 HOLDSTOCI~, STEVE & ALEXANDRA -JT PO BOX 1542 VAIL, CO 81658 TOBEY, GINA 1630 OLDEN ST DENVER, CO 80218 Lot 4 CHAMONIX LANE PARTNERS 2249 Chamonix Rd. 22.49 CHAMONIX LN 210311406001 VA1L, CO 81657 210311406002 21031 1406003 CHARLES H. STONE FAMILY LP 210311406004 PO BOX 1392 VAIL, CO 81.658 KURTZ, JERRY 2249 CHAMONIX 3 VAIL, CO $1657 VAIL GEAR CORP iNC ATTN STEV E MELZER 64l LIONSHEAD MALL VAIL, COS 1657 Lot 2, Tall Pines ROLLAND, ROBERT D. & JODI T. -JT 2239 Chamonix RcI. 6140 S POTOMAC WAY 210311425005 ENGLEWOOD, CO 801 i 1-6633 210311425006 STANDAGE, KATHY -OLDHAM, MICHAEL L. 16131 W ELLSWORTH AVE GC}LDEN, CO 80401 2199 Chamonix Rd. PINE RIDGE TOWNHOUSE 2I 03 1 1404001 - 32 HOMEOWNERS ASSOC, PO BOK 21.35 VAIL, CO 81658 • ~i THIS ITEM MAY AFFECT YOUR PROPERTY PUELIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-fi of the Municipal Code of the Town of Vail on January 12, 2L}U4, a# 2:DQ P.M. in the Town of Vail Municipal Building. In consideration of: A request for a recommendation to the Vail Town Council of a proposed text amendment to the Zoning .Regulations, Title 12, pursuant to Section 12-3-7, Vail Town Cade, to allow for revisions to the development standards prescribed in Chapter 12-7A, Public Accommodation {PA} District, Vail Town Code and setting forth details in regard thereto. Applicant: Nicollet Island Development Company Inc, Planner: George Ruther A request for final review of a conditional use permit, pursuant to Chapter 16-12, Vail Town Code, to allow for changes to the previously approved conditions of approval forthe redevelopment of the Vail Mountain School, located at 322(] Katsos Ranch RoadA Lots 1 and 2 Vaii Mountain School Filing. Applicant: Braun Associates, Inc. Planner: Elisabeth Eckel A reques# for final review of a variance from Section 12-14-17, setback from watercourse, Vail Town Code, to allow for improvements within the setback from Gore Creek, located at 88Q West Lions Head PlacelLot 3, Block 1, Vail Lionshead 3~~ Filing, and setting for details in regard there to. Applicant: Antlers Condominium Association Planner: Bill Gibson A request for a recommendation to the Vai! Town Council of a proposed Zone District Boundary amendment pursuant to Sectian 12-3-7, Vail Town Code, to the Town of Vail 4f~cial Zoning Map, to the zoning of the West Vail Lodge Properties, from Commercial Core Ill {CC3} to High l]ensity Multiple Family {HDMF}, located at 2278, 2288, 2298 Chamonix Lane and 2211 North Frontage Road/Inn at West Vaii Lot 1 Black A, Vail l]as Schone Filing 1, and setting forth details in regard thereto. Applicant: Vanquish Vail, LLC Planner: Matt Gennett A request for a conditional use permit, pursuant to Sectian 12-7H-5, Conditional Uses; Generally {on all levels of a building or outside a building}, Vail Town Cade, and a request for a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of new single-family and two-family residential dwelling units, located at 73U, 724, and 714 West Lionshead CirclelTracts A, B, C, & D, Morcus Subdivision and Lat 7, Marriott Subdivision, and setting forth details in regard thereto. {West Day Lat} Applicant: Vail Resorts Development Company, represented by Braun and Associates Attachrr~ent: p Aileson orbs f fanning ~onsaldng Services November 16, 2003 Department of Community Development Town of Vail 75 S. Frontage Rd. Vail, CO 81657 RE: Rezoning Regncst for the West Vail Lode Dear Planning Staff: I am making this application on behalf of the current owne , y~nquish Vail, LLC, of the West Vail Lodge. We are proposing to rezone the West ~~ Lodge>Properties, which includes 2298, 2288, 2278, Chamonix and. 2211 N. Fronta~a~. ~d. 1 Inn,at West Vail, Lot 1, Block A, Vail Das Sc'hone Filing 3 and Lots 1, 2, 3, and Tract C, Vaii Das Schone Filing 1. We are currently proposing a rezoning from Commercial Core III to High Density Multiple Family. While Public Accommodation may also be an appropriate zone district for the site, High Density Multiple Family more closely aligns with the long-term goals of the property owners. As you are aware, the current zoning designation of Commercial Care lIl presents obstacles to redeveloping the property because of its non-conforming status with regards to the property's current use as a hotel. While we are proposing a rezoning, we would be open to other options that would allow for redevelopment of the site, while maintaining its current primary use as a hotel. Options that we have identified include a rezoning to the High Density Multiple Family zone district, the Public Accommodation zone district, text amendments to~e•~ommercial Core lII zone district, text amendments to other zone districts, aricllor the application of a Special Development District. We are also looking for direction about whether amendments are necessary to the Vail Land Use Plan, or to other relevant code sections, including the definition of "lodge." We are looking for the guidance of the Community Development Department and' the. Planning and Environmental Commission to help in the redevelopment of an important property in the Town of Vail. We believe that the West Vail Lodge promotes the Town's ability to offer awide-variety of lodging choices to its guests. However, the property also needs to be improved and upgraded to meet the desires of consumers. The necessary improvements and upgrades cannot be made without the guidance of the Town of Vail. Sincerely, .. Allison C. Ochs, AICP 11116143 Rezoning Regnesl for the West VaiB Lodge Allison Qchs Planning Consulting services A. A description of the proposed chan;es in district boundaries The proposed request is a rezoning of the following West Vail Lodge properties; 2298, 228$, and 227$ Chamonix and 22I 1 1V. Frontage Rd., Inn at West Vail, Lot 1, Block A, Vail Das Sehone Filing 3, and Lats 1, 2, 3, and Tract C, Vail Dos Schone Filing 1. All of the properties are currently zoned Commercial Core III. The proposed change in district boundaries includes a rezoning from Commercial Care III (CC3) to High Density Multiple Family (HDMFj. The West Vail Lodge property, constructed in 1979 under Eagle County jurisdiction, includes 83 accommodation units {hotel rooms), 19 dwelling units and significant commercial Haar area. in the 1980's, the Tawn of Vail annexed the property and applied CC3 zoning. This zoning designation does not allow dwelling units or accommodation units as a use and the property has been rendered non-conforming ever since its annexation into the town. Under the applicable CC3 zoning, the following non-conformities currently exist: ^ Use (residential dwelling units) • Use (accommodation units) • Density (unitslacre) ^ Landscaping ^ Parking located within required setbacks ^ Height The proposed rezoning would allow far the property to come into conformance with the use and density regulations of the HIDMF zone district. Unfortunately, the Town does pat currently have a zone district that would render the property completely conforming to the development regulations as outlined by the Zoning Regulations.. However, the current zoning designation does not allow any square footage to be added to the existing hotel rooms, and the owner would like to be allowed to improve the property through miner additions in square footage to the hotel rooms. B. flow the proposed change in district houndarieG_ is cnnSGtent with the adopted goals, oi-~iPrtives and nalir.iPC nj~tlined in the Vail Comprehensive Plan and compatible with the Town of Veil's development objectives. The following goals, objectives, and policies as identified in the Vail Land Use Plan are applicable and consistent with the proposed rezoning, .l. General GrowthlDevelo~ment 1.1 Vail .should continue to brow in a controlled environment, maintaining ca balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. I ulb~a:~ Rezoning Requcstfnr the West Vail Lodge Allison Ochs Planning Consu9ling 5en~iees 1,3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate ma.i~t of the additiarxal growth in existing developed areas (inf ll areas). Z. SkierlTourist Concerns 2.1 The community should emphasize its role as a destination resort while accomrnadating day vi.sitars. 2.2 The ski area owner, the business community, and the Tawn leaders should work closely together to make existing facilities and the "lawn function mare efficiently. 3. Cornmercital 3.1 The hotel bed base should be preserved and used more efficiently. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Carnmercial growth should be concentrated in existing commercial areas to accommodate bath local and visitor needs. S. Residential S1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do oat exist. 5.2 Quality time share units should be accommodated to help keep occupancy rates up. The Vail Land Use Plan designates Lots 1, 2, and 3, Vail Das Schane Filing 1, as Medium Density Residential, which is described as follows: Medium Density Residential The medium density residential category includes housing which would typically be designed as attached units with Gammon walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutionallpublic uses such as parks, open space, churches, and fire stations. The Vail Land Use Plan designates Lot 1, Block A, Vail Dos Schane Filing 3 and Tract C, Vail Dos Schane Filing 1, as Community Corrlmercial, which is described as follows.: Community Camnrercial This area is designed to meet consumer demands from community residents. Primary uses would include .supermarkets, dry cleaning establishments, hardware stares, service stations, financial institutions 2 E 1116103 Rezoning Request for the West Vail i.odl?e :111ison Ochs Planning Ccrnsultin Services and medical offices. The design of these facilities would be oriented toward vehicular access and parking. The purpose of the HDMF zone district is stated as follows: l2-dH-I: PURPOSE: The high density multiple family district is intended to provide sites for multiple family dwellings at densities to a maximum of twenty five (25) dwelling units• per acre, together with such public and semipublic facilities and lodges, private recreation fac°ilities and related visitor oriented uses as may appropriately be located in the same district. T'he high density multiple family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, cc7ndominium anal lodge uses, artd 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• u winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district. C. D. The proposed rezoning results in a property in greater compliance with the zane district it is proposed to be designated as, and is in compliance with the purpose statement of the proposed zone district. How the nronosed change in district boundaries is compatible with and suitable to adiacent uses and apprc~nriate far the areas. The combination of lodge and commercial uses is suitable to the vehicular- oriented nature of adjacent uses and residential uses. While adjacent properties are zoned CC3, there are higher density properties to the north of the site. In addition, this site is unique in the fact that there is an existing lodge on the site, a use not allowed by the CC3 zone district. As a result, improvements to the site have been limited. By allowing this site to come into conformance with the allowable uses of the proposed zone district, improvements can be made to the property that will make the property more compatible and suitable for the area. How the nronc~sed change in district h~undaries is in t17.e heft interest c`,f the public health.. ~~fety, and welfare= - - - Because the property is currently non-conforming with regards to use, few, if any, improvements have been completed in the past. As a result, the building is also non-conforming with regards to many life safety issues as provided by the Uniform Building Code. A rezoning of the property will allow the applicant to improve the property, creating a safer building. 3 11116;03 Rezoning Request for the W est Vail Loaga Development Standards: Lot Area: B~.t i,ldable I~at Area: Density: Allowed (CC3}: Allowed (HDMF); Existinb: • GRFA: J Allowed (CC3}: Allowed (HDMF); Existing: Commercia.~Elcx~r P.~~: Allowed (CC3}: Allowed (HDMF}: Existing: Setbacks: Required (CC3}: Allowed (HDMF~: Existing; Site Covera~; Allowed (CC3}: Allowed (HDMF): Existing: r in Required (CC3): Allowed (HDMF): Existing: Landscaning: Required (CC3): Allowed (HDMF}: Existing: Allison (Jchs Planning Consulting Services 3.5 acres or 172,062 sq. ft. 3.890 acres or 169,448 sq. ft. 46 d.u.'s 98 d.u.'s 19 d.u.'s and 83 a,u.'s = 617.5 equiv. d.u,'s 5(},834 sq. ft. 101,669 sq. ft. 43,532 sq, ft. No limit 10,323 sq. ft. t?,252 sq. ft. 20' on all sides 20' on all sides 20' on all sides 40% or 68,$07 sq. ft. 55%© or 94,634 sq. ft. 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YL ""' Q J -` N ' _•. w L3~ 4Q -~ _ ~ ~ ~ ~ ~~ ~ ~ I'Y r l .1. ~~t ~JJL ~ I ` i w \ ~ ~\ `~ tit ~ i ~~~ rl `~\. ~ ~ !~ _ ~_ C7 1L~~ J F x w ~ U ~ O d Z 6 r THIS ITEM MAY AFFEGT YOUR PRUPERTY PUBLIC NOTICE pUB~~sS~~ NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the Town of Vail an AAarch 22, 2004, at 2:00 P.M. in fhe Town of Vail Municipal Building. In consideration af: A request for final review of a variance from Section 1 Z-6D-6, Setbacks, Vail Town Code, to allow for a residential addition to encroach into the front setback, located at 2830 Basingdale Road ILat 5, Block 9, Vail Intermountain Subdivision, Filing 1, and setting forth details in regard thereto. Applicant: W.L. Broer Construction Planner: Matt Gennett The applications and information about the proposals are available far public inspection during regular office hours in the project planner's office, located at the Tawn of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Tawn of Vail Community Development Department. Please call 479-2138 for information. Sign language interpretation available upon request with 24-hour notification. Please call 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published ,March 05, 2004 in the Vail Daily. 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