Loading...
HomeMy WebLinkAbout2004-0712 PEC• • PLANNING AND ENVIRONMENTAL COMMISSION l PUBLIC MEETING ~~~~`' ~ Monday, July 12, 2004 PROJI=CT ORIENTATION -Community Development Dept, PUBLIC IN'ELCOME 12:00 pm MEMBERS PRESENT Doug Dahill David Viele Anne Guniion Bill Jewitt George Lamb Rollie Kjesbo MEMBERS ABSENT Chas Bernhardt Site Visits 1. Tract K, Glen Lyon Subdivision 2. MiH Greek floodplain -Tract E, Vail Village Filing 5 (near Pirate Ship Park) 3. Holy Crass Lot - 923 South Frontage Road West 4. Lionshead Gore Site Flotel - 675 Lionshead Place Driver; Glare NOTE: If the PEC hearing extends until 6:00 p.m., the Commission may break for dinner from 6:00 - 6:.30 p.m. Public Hearing -Town Council Chambers 2:00 pm A request for a final review of a major exterior alteration or modification, pursuant to Section 12- 7H-7, Vail Town Code, and a request far a final review of a conditional use permit, pursuant #o Chapter 12-16, Vail Town Code, to allow far the construction of the Lionshead Core Site Hotel and the operation on a new private skier club, new lodge dwelling units and conference facilities and meeting. rooms on the first floor or street level floor of a structure, located at 675 Lionshead Placel(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request}. Applicant: Vail Corporation Planner: George Ruther Staff made a presentation to the Commission per the staff memorandum dated July 12, 2x04. The purpose of the meeting was to discuss the merits of amending the Lionshead Redevelopment Master Plan to afford flexibility to all types of development in Lionshead. As presently drafted, the master plan permits "redevelopment" projects to deviate from the strict and literal application of the architectural design guidelines. Jeff Winston, Urban Design Consultant with Winston Associates, Inc. presented a 3-D model to the Commission that illustrated various examples of deviations that the Commission may wish tv consider when reviewing development. applications in Lionshead. Upon deliberations, the Carnmission generally believed that some form of amendment should be considered by the Town to afford flexibility to all types of development in Lionshead. The Commission, however, qualified their beliefs by stating that greater flexibility within the Plan could be good or bad for the applicant, that the need for flexibility good as long as a "two-way street" was gained, which paid special heed to intent and that the objectivity of government was important in this instance, Qne Cornmissivn member stated that flexibility would eliminate the need far variances and SDDs in the future and that rigid standards that afforded no roam for creativity were not the end result, though there must be enough standards that the developer understood what was expected. The PEC was in favor of amending the master plan to accommodate all types of development, as long as the intentlgoals of the Plan remained intact. Therefore, varying levels of flexibility must be allowed, dependent upon the type of development proposed. MOTION: Viele SECOND: Lamb VOTE: 6-0-d Approval of a motion to prepare an amendmentto the Lionshead Master Plan, as specifed in the staff memorandum. 2. A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No.~L, Cascade Village, to allow for a new development area, located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. Applicant: Vai4 Resorts, represented by Braun Associates, Inc. Planner: Bill Gibson Bill Gibson introduced the project according to the memorandum. Tom Braun, of Braun Associates, representing Vail Resorts presented an overview of the applicants request. Tom Braun indicated that the applicant agreed with the conditions recommended in the staff memorandum except condition number three. The applicant requested that resolution of the protective covenant issues be postponed until such time as a conditional use permit application is submitted. Adjacent property owners Howard Snow and Robert Rosen and Mr. Rosen's representative Greg Goldberg presented their concerns to the PEC. The adjacent homeowners requested: that Vail Resorts work more closely with the neighborhood to inform them of the snowcat proposal and to resolve any protective covenant issues. Mr. Ros~;n and Mr. Goldberg requested that the PEG table the proposal until all protective covenant issues have been resolved. However, should the PEC forward a recommendation to the Council at this time, Mr. Rosen and Mr. Goldberg requested that the conditions of approval recommended by the Staff be incorporated into the PEC's motion. The PEG clarified the impacts of the proposal before them and noted that this proposal will not grant final approval of the snowcat access road. The PEC requested that Vail Resorts work more closely wi#h the Glen Lyon and Cascade Village neighborhood. MOTION: Kjesbo SECOND: Gunion VOTE: 4-2-d (Jewitk ~ Lamb opposed} APPR©VED WIThI CONDITIONS: 1. The fallowing uses shall be permitted in DevelapmentArea E (i.e. Tract K} of Special Development District #4, Cascade Village: 1. Nature Preserves 2. Passive outdoor recreation areas and open spaces 2. The fallowing conditional uses shall be allowed in Development Area E (i.e. Tract K) of Special Development District #4, Cascade Village, subject to the issuance of a conditional use permit: 1. Interpretive nature walks 2. Bicycle paths and pedestrian walkways 2 3. Public utility and public service uses 4. Ski trails 5. Snowmaking facilities fi. Access roads 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. 3. Prior to the Town Council's second reading of a ordinance amending Special Development District #4, Cascade Village, the applicant shall submit written documentation to the Town of Vail Community Development Department demonstrating that the amendments are consistent with all previsions of the Protective Covenants of Glen Lyon Subdiviision. 3. A request far a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow far stream bank stabilization within the Mill Creek floodplain located at Tract E, Vail Village Filing 5 {near Pirate Ship Park), and setting for details in regard thereto. Applicant: Town of Vail Planner; Elisabeth Eckel Elisabeth Eckel introduced the project according to the memorandum. Doug Cahill and George Lamb asked Gregg Barrie, of the Public Works Department, to describe how the stream would be diverted. Mr. Barrie detailed the stream's diversion as part of the Vail Village Streetscape Project. There were no additional PEG comments, ]MOTION: Kjesbo SECOND: Miele VOTE: 6-0-0 APPROVED LNITH CONDITIONS: 1. That the applicant, Vail Resorts Development Company, submits a revised set of plans #o the Building Department of the Tawn of Vail Community Development Department prior to August 1, 2i}04, illustrating the changes in improvements, as required by the Town of Vail Planning and Environmental Commission. 4. A request for a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Buildiing), 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 far review at the Town of Vail Community Devebpment Department). Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Matt Gennett Matt Genne#t introduced the project according to the staff memorandum. Dominic Maureillo, representing Vail Resorts, presented an overview of their application. He Hated how the proposal was similar to the previous conditional use permit and variance approvals, He also identified Vail Resorts new landscaping and street improvements being proposed beyond the previous approval. He commented an their intention to pave the lot by 3 2005 if the parking structure being contemplated is not improved. George Lamb and Doug Cahill asked Mr. Maureillo to describe the proposed snow storage for the parking lot. Mr. Mauriello gave a brief description of the snow storage plan. Rollie Kjesbo asked the Police Department had any concerns regarding possible traffic impacts.. Mr. Gennett replied that they had no concerns. There were no other additional PEC comments. IIIiOTION: Kjesbo SECOND: Lamb VOTE:6-0 APPROVED WITH CONDITIONS: 1. The conditional use permit shall expire on November 1, 2005 unless the parcel is paved according to the approved plan, in which case the conditional use permit will not expire. 2. The applicant shall maintain and operate the proposed parking lot at an appropriate level of cleanliness by providing trash receptacles on the site for use by Vail Resorts' employees. 3. Parking delineation within the site shall be through simple ropes and flags which establish the location and configuration of the spaces. • 5. A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge, and a request for a conditional use permit to allow far the construction of Type III Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Cade, located at 595 Vail Valley Drive/Lots A, B, & C, Vail Village 7th Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Melick and Associates Planner: Warren Campbell WITHDRAWN 6. A request for a variance from Section 12-21-14, Restrictions In Specific Zones Qn Excessive Slopes, Vail Town Code, to allow for the construction of driveways and surface parking in excess of 10% of the total site area, located at 2388 Garmisch Drive/Lot 0, Block G, Vail dos Schone Filing 2, and setting forth details in regard thereto. Applicant: Snow Now, LLC Planner: Warren Campbell TABLED TO JULY 26, 2004 MOTION: Lamb SECOND: Kjesbo VOTE:6-0 7. A request for a conditional use permit, pursuant to Section 12-fiH-3, Conditional Uses; High Density Multiple Family, Vail Town Code, to allow #or a public utility and public services use, located at 501 North Frontage Road (Solar Vail Condominiums)/ Lot 8, Block. 2, Vail Potato Patch Filing 1, and setting forth details in regard to. Applicant: Verizon Wireless, represented by Kelley Harrison, Closser Consulting Planner: Clare Sloan TABLED JULY 26, 2004 MOTION: Lamb SECOND: Kjesbo VOTE: $-0 8. Approval of June 14, 2004 minutes MOTION: Lamb SECOND: Jewitt VOTE:6-0 4 • • • 9. Approval of June 28, 21304 minutes MOTION:. Lamb SECOND: 10. Information Update • GRFA Jewitt VOTE: ~6-0 11. Adjournment MOTION:. Lamb SECOND: Jewitt VOTE:6-4 The applications and infarrnatian about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearingrn the Town of Vail Community Development Department. Please call (97Q) 479-2.13$ for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (97[l) 479-2356., Telephone for the Hearing Impaired, for information. Community Development Department Published, July 9, 2U04 in the Vail Daily.. 5 • :~~ ~;. PLANNING AND ENVIRONMENTAL COMMISSION ;,, j, ~~~~ PUBLIC MEETING Monday, July 12, 2004 PROJECT ORIENTATION -Community Development Dept.. PUBLIC 1NELCOME 12:Q0 pm MEMBERS PRESENT MEMBERS ABSENT Si#e Visits 1. Tract K, Glen Lyon Subdivision 2. Mill Creek floodplain -Tract E, Vail Village Filing 5 (near Pirate Ship Park) 3. Holy Cross Lat - 923 South Frontage Raad Vl/est 4. Lionshead Core Site Hotel - 675 Lionshead Place Driver: Clare NOTE: If the PEC hearing extends until 6:00 p.m., the Commission may break for thinner from 6:00 - 6:30 p.m. Public Hearing -Town Council Chambers 2:0~ pm A recommendation to the Vail Town Council of a major amendment to a Special Development District {SDD}, pursuant #o Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No_4, Cascade Village, to allow for a new development area, located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto.. Applicant: Vahl Resorts,. represented by Braun Associates, Inc. Planner: Bill Gibson MOTION: SECOND: VOTE: 2. A request far a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for stream bank stabilization withhn the Mill Creek floodplain located at Tract E, Vail Village Filing 5 {near Pirate Ship Park), and setting far details in regard thereto. Applican#: Town of Vail Planner: Elisabeth Eckel MOTION: SECOND: VOTE: 3. A request for a conditional use permit, pursuant to Sec#ian 12-71-5, Conditional Uses; Generally (C3n All Levels of a Building or Outside of a Building), Vail Town Cade, and a variance fram Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards far 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, represented by Mauriello Planning Group, LLC Planner: Matt Gennett MOTION: SECOND: VOTE:. 4. A request for a final review of a major exterior alteration or modification, pursuant to Section 12- 7H-7, Vail Town Code, and a request for a final review of a conditional use permit, pursuant to Chapter 12-16, Vail Tawn Code, to allow for the construction of the Lionshead Core Shte Hotel and the operation on a new private skier club, new lodge twelling units and conference facilities and meeting rooms on the first floor or street level floor of a structure, located at 675 Lionshead Placef(a complete legal description is available for inspection at the Town of Vahl Communhty Development Department upon request). Applicant: Vail Corporation Planner: George Rather MOTION: SECOND; VOTE: 5. A request for a recommendation to the Vail Town Council for the establishment of Special Development Distriot No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge, and a request for a conditional use permit to allow for the construction of Type III Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Code, located at 595 Vail Valley Drive/Lots A, B, S~ C, Vail Village 7th Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Melick and Associates Planner: Warren Campbell WITMQRAWN 6. A request for a variance from Section 12-21-14, Restrictions In Specific Zones On Excessive Slopes, Vail Town Code, to allow far the construction of driveways and surface parking in excess of 10°fo Of the total site area, located at 2388 Garmisch DrivelLot 9, Block G, Vail dos Schone Filing 2, and setting forth details in regard thereto. Applicant: Snow Now, LLC Planner: Warren Campbell TABLED TO JULY 2fi, 2004 7. A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High Density Multiple Family, Vail Town Cade, to allow for a public utility and public services use, located at 501 North Frontage Road (Solar Vail Condominiums}! Lot 8, E~lock 2, Vail Potato Patch Filing 1, and setting forth details in regard to. Applicant: Verizon Wireless, represented by Kelley Harrison, Closer Consulting Planner: Clare Sloan TABLED JULY 26, 2004 $. Approval of June 14, 2004 minutes MOTION: SECOND: VOTE: 9. Approval of June 28, 2044 minutes MOTION; SECOND: VOTE; 10. Information Update • GRFA 11. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. 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 information. Community Development Department Published, July 9, 2004 in the Vail Daily. • 2 '~ ,.~. TWIS ITEM MAY AFFECT YQUR PRQPERTY a ~~~' - , PUBLIC NOTICE ~~ ~~ ~ ~~ ~~''` NOTICE IS HEREBY GIVEN that the Planning and Environmental Gornmission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on July 12, 2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of: A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD}, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No.4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Bill Gibson A request for a floodplain modification, pursuant to Chapfer 14-6, Grading Standards, Vail Town Code, to allow for stream bank stabilization within the Mill Greek floodplain, located at Tract E, Vail Village Filing 5 (near Pirate Ship Park}, and setting for details in regard thereto. Applicant: Town of Vail Planner: Elisabeth Eckel The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited tv attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970} 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour nvtiflcation. Please call (970} 479-2356, Telephone for the Hearing Impaired, far information. Published .tune 25, 2fJ04, in the Vail Daily. • • • PLANNING AND ENVIRONMENTAL COMMISSION ~ PUBLIC MEETING ~`~~~"~ f Monday, July 12, zaa~ PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 'I~:00 pm MEMBERS PRESENT Doug Cahill David Viele Anne Gunion Bill Jewitt Chas Bernhardt Ge©rge Lamb Rollie Kjesbo MEME3ERS ABSENT Site Visits 1. Tract K, Glen Lyon Subdivision 2. Mill Creek flaodplain -Tract E, Vail Village Filing 5 (near Pirate Ship Park) 3. Holy Cross Lot - 923 South Frontage Road West 4. Lionshead Core Site Hotel - fi75 Lionshead Place Driver: Clare NOTE: If the PEC hearing extends until fi:a0 p.m., the Commission may break for dinner from 6:ao - 6:39 p.m. Public Hearing -Town Council Chambers 2:00 pm A request far a final review of a major exterior alteration or modification, pursuant to Section 12- 7H-7, Vail Tawn Cade, and a request for a final review of a conditional use permit, pursuant to Chapter 12-16, Vail Town Code, to allow for the construction of the Lionshead Core Site Hotel and the operation on a new private skier club, new lodge dwelling units and conference facilities and meeting rooms on the #irst floor or street level floor of a structure, located at +675 Lionshead Placel(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request). Applicant: Vail Corporation Planner: George Ruther MOTION: SECOND: VOTE: 2. A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-1a, Amendment Procedures, Vail Town Code, to allow far an amendment to Special Development District No.4, Cascade Village, to allow far a new development area, located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Bill Gibson MOTION: SECOND: VOTE.: • 3. A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Tawn Cade, to allow fvr stream bank stabilization within the Mill Creek flaodplain located at Tract E, Vail Village Filing ~ (near Pirate Ship Park), and setting for details in regard thereto. Applicant: Town of Vail Planner. Elisabeth Eckel MOTION: SECOND: VOTE: 4. A request for a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), 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 for the construction of an unpaved private parking lat., located a# 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, represented by Mauriella Planning Grvup, LLC Planner: Maft Gennett MOTION: SECOND: VOTE: 5. A request for a recommendation to the Vail Town Council far the establishment of Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Ladge, and a request far a conditional use permit to allow far the construction of Type I II Employee Housing Units, pursuant to Section 12-fiH-3, Vail Town Code, located at 595 Vail Valley DrivelLots A, B, & C, Vail Village 7th Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Melick and Associates Planner: Warren Campbell WITHDRAWN 6. A request for a variance from Section 12-21-14, Restrictions In Specific hones On Excessive Slopes, Vail Town Code, to allow for the construction of driveways and surface parking in excess of 10% of the total site area, located at 2388 Garmisch DrivefLat 9, Block G, Vail dos Schane 1=fling 2, and setting forth details in regard thereto. Applicant: Snow Naw, LLC Planner: Warren Campbell TABLED TO JULY 26, 2004 7. A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High Density Multiple Family, Vail Town Code, to allow for a public utility and public services use, located at 501 North Frontage Road Solar Vail Condominiums)) Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard to. Applicant: Verizon Wireless, represented by Kelley Harrison, Closser Consulting Planner: Clare Sloan TABLED JULY 26, 2004 8. Approval of June 14, 2004 minutes MOTION: SECOND: VOTE: 9. Approval of June 28, 2004 minutes MOTION: SECOND: VOTE: 1 ~. Information Update • GRFA 11. Adjournment MOTION: SECOND: VOTE: • 2 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the pubic hearing in the Town of Vail Community Development Departmen#. Please call (970} 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (974) 479-2358, Telephone for the Hearing Impaired, for information. Gommunity Development Department Published, July 9, 2004 in the Vail Daily. • • 3 n~Fnnoaarll~urul TO: Punning and Environmental Cammission FRAM: Community Development Department DATE: June 28, 24D4 SUBJECT: A request for a final review of a major exterior alteration ar modification, pursuant to Section 12-7N-7, Vail Town Code, and a request for a final review of a conditional use permit, pursuant to Chapter 12-16, Vail Town Cade, to allow for fhe construction of the Lionshead Core Site Hotel and the operation on a new private skier club, new lodge dwelling units and conference facilities and meeting rooms on the first float or street level floor of a structure, located at 675 Lionshead Placel(a complete legal description is available far inspection at the Town of Vail Community Development Department upon request}. Applicant: Vail Resorts Development Company Planner: George Ruther L SUf~IMARI( The applicant, Vail Resorts Development Company (VRDC}, has requested a meeting with the Planning ~ Environmental Commission to discuss the policy intent of the Lionshead Redevelopment Master Plan. Upon review of the master plan, the staff and the applicant believe that a discussion regarding the implementation policies prescribed within the plan is warranted. After reviewing the implementation policies prescribed in the plan,. staff is recommending that the Commission directs the staff to prepare an amendment to the mas#er plan that no longer distinguishes between a anew" project and a "redevelopment project as these terms relate to implementation policies of the Lionshead Redevelopment Master Plan. Instead, staff recommends that the Town of Vail Planning & Environmental Commission directs the staff to prepare an amendment to the Lionshead Redevelopment Master Plan that clarifies the language of the implementation policies and affords flexibility with regard to the application of the design guidelines and standards to al! projects, whether they are deemed to be a new project ar a redevelopment project, that is deemed to meet the intent of the Lionshead Redevelopment Master Pfan. fl. DESCRIP7lON C)F THE REQUEST The Community Development Department and the applicant, Vail Resorks Development Company (VRDC}, are requesting a public hearing with the Town of Vail Planning ~ Environmental to discuss the implementation policies of the Lionshead Redevelopment Master Plan. As a result of the discussion, the staff, and the applicant are requesting that the Cammission makes. a determination of the implementation policies of plan and, if necessary„ directs staff to prepare an amendment to the master plan that clearly defines and clarifes the implementation policies for future development in Lionshead. The question that the Commission needs to answer is: Should the Lionshead Redevelopment Master Plan be amended to remove the existing distinction made between a "new" project and a "redevelopment" project and as a result afford flexibility with regard to the application of the design guidelines and standards to all projects which meet the "intent of the Lionshead Redevelopment Master Pian? In answering this question, however, staff believes that there are numerous other questions that must also be answered by the Commission to ensure that the goals, objectives and policies of the master plan are met.. Those questions include: In terms of implementing the Lionshead Redevelopment Master Plan, what is the significance of differentiating between "new" development and "redevelopment"? • Why did the creators of the master plan make this differentiation? • What impacts, positive yr negative, result from making a distinction between new development and redevelopment? R What might the unintended consequences be if a distinction were not made? And what might they be if a distinction were made? ; • Can the goals and objectives of the master plan be attained if there were no differentiations made at all? BACKGROUN© The Lionshead Redevelopment Master Plan makes numerous references to "'redevelopment" and "new" development throughout the document. For instance, in Chapter 2, Introduction, Section 2.1, Purpose of the Master Plan, it states, in part, "This master plan was initiated by fhe Tawn of Vail to encourage redevelopment and new development initiatives within the Lionshead Study area. " And, "The plan outlines fhe Town's objectives and goals for the enhancement of Lionshead and proposes recomrnendatians, incentives, and requirements far the redevelopment and new development of ,public and private properties." 2 In addition, according to the purpose statement of the Lionshead Mixed Use - 1 zone district, in part, "The Lionshead Mixed Llse 7 Distrrcf is intended fo provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unifred development. Lionshead Mixed Use 1 District, in accordance with fhe Lionshead Redevelopmenf Master Plan, is Intended to ensure adequafe lighfi, air, open space and other amenities appropriafe to the permitted types of buildings and uses and to malnfaln the desirable qualifies of fhe t3isfrict by establishing appropriafe site development standards. This District is meanf to encourage and provide incentives for redevelopment r"n accordance with the Lionshead Redevelopment Master Plan." Furthermore, and more importantly, the master plan and zoning regulations make the design standards and architectural design guidelines, as outlined in Chapters 7 & 8 of the plan, regulatory in nature by virtue of citing compliance with the master plan as criteria for review when evaluating development applications far projects in Lionshead. For instance, Section 12-7H-11, Height and Bulk, Vail Town Code, states, "Buildings shall have a maximum average building height of seventy one feet (7?') with a maximum height of 82.5 feef, as further defined by fhe Lionshead redevelopment master plan. A!1 developmenf shall comply with fhe design guidelines and standards (ie, Chapters 7 & 8) found in fhe Lionshead redevelopment master plan. Flexibility with the standard, as incorporated in fhe Lionshead redevelopment master plan shall be afforded to redeveiopmenf projects which meet the intent of design guidelines, as reviewed and approved by the design review board." Also, to further illustrate the point that portions of the master plan were intentionally created to be regulatory in nature and not just guidelines for consideration Chapter 7, Development Standards, of the Lionshead Redevelopment Master Plan, states, °°Adoption of special provisions for redevelopment of properties that already violate existing development sfandards should also be considered. emphasis added." As a result of the above recommendation made by the creators of the master plan, the qualifying sentence, °'Flexibility with the sfandard, as incorporafed in fire Lionshead redevelopmenf master plan shall be afforded to redevelopment projects which meet fhe inten# of design guidelines, as reviewed and approved by fhe design review board ", was incorporated into Section 12-7H-11, Height and Bulk, Vail Town Code. Lastly, as a final point of confirmation, Section 12-7H-8, Compliance Burden, Vail Town Code, s#ates, 3 `7f shall be the burden of the applicanf fo prove by a preponderance of fhe evidence before the planning and environmental commission and the design review board fhaf the proposed exterior alteration or new develonmenf is in compliance with fhe purposes of the Lianshead mixed use 1 district, fhaf the proposal is consisfent with applicable elements of the Lionshead redevelopmenf master plan and fhaf fhe proposal does not otherwise have a significant negative effect an the character of fhe neighborhood, and fhat fhe propasa! substantially complies with other applicable elements of fhe Vail comprehensive plan." From the examples demonstrated above and the many others that can be found throughout the master plan, staff believes that the master plan intentionally distinguishes "new" development from "redevelopmenf" and that the design standards and architectural design guidelines were clearly intended to be regulatory for both new projects and redevelopment projects, with flexibility in their application afforded to redevelopment projects only. lll. DISCUSSION ISSUES As previously mentioned, in order to answer the question posed by the staff at the beginning of this memorandum, it is important to discuss and answer several related questions first_ To facilitate discussions on whether the master plan should be amended, staff has analyzed the following questions: • In terms of implementing the Lionshead Redevelopment Master Plan, what is the signiificance of differentiating between "new" development and "redevelopment"? • Why did the creators of the Master Plan make this differentiation? What impacts, positive or negative, result from making a distinction between new development and redevelopment? What might the unintended consequences be if a distinction were not made? And what might they be if a distinction were made? • Can the goals and objectives of the Master Plan be attained if there were no differentiations made at a[I? Staff Resoonse: There appears to be numerous reasons why the implementation policies of the ~ master plan were drafted and adopted the way they were, When reviewed in its f entirety, the master plan clearly intends for "new" projects to fully comply with the requirements of the master plan and zoning regulations. It was likely believed that a "new" project would not be encumbered by the constraints of an existing build on a site, and as such, the developer could comply with the prescribed guidelines and standards. For example, recent changes to the Marriott Hotel 4 were determined to be a "redevelopment" project and not a "new" project. The redevelopment of the Marriott Hotel required the developer to work within existing conditions and constraints which would have made fully complying with such architectural design guideline requirements as wall surface and sloping roof pitch requirements nearly impossible. However, had the Hotel been demolished and rebuilt, compliance with these requirements could have been mare easily met. It was also very 9ikely believed that through the implementation of specific standards and requirements, "expectations" would be created far both the Town and the developer that clearly defined the goals of development. Unlike the special development district process which often lacks clear expectations for the developer, Town and other interested ar affected parties, the implementation policies prescribed in the master plan which are very specific (ie, Chapter 8, Architectural Design Guidelines), create clear expectations for aN parties involved. A developer is no longer faced with shooting at moving target that they may never hit, the Town Boards and Commissions do not need to get involved in along and protracted negotiation with the developer about whether a project complies or not, and interested and affected parties (ie, adjacent property owners) have a set of guidelines that they can rely on when development occurs on adjoining property. In the end, the belief may have been that with such a specific set of guidelines and criteria, the development review process would be more predictable, save valuable time, and result in clearer expectations for all parties involved with the hope that if the project complies to the guidelines. If it complies it shall be approved. If it does not comply it shall be denied. It is obvious the master plan was created with. only positive intent in mind. The creators of the master plan, which included the Town Council, Design Review Board, Planning & Environmental Commission, Town Staff, a long list of outstanding consulting teams, Vail Associates, inc., and numerous community members, wanted what was believed best far the redevelopment of -ail of Lionshead. That in mind, the Core Site Hotel development review application has afforded us all with the first real opportunity to roll up our sleeves and dig into the contents of the master plan. In now doing so, we believe we may have uncovered a few things that warrant more discussion and consideration. For example, an unintended consequence of distinguishing "new" projects from "redevelopment" projects is that nv flexibility is afforded to "new" projects when ,applying the design guidelines. Therefore, the document infers that if an applicant designs a building in full compliance with the master plan, it will be a great building. In some ways the plan suggests that there is only one way to attain compliance with the goals and objectives of the master plan; fully comply with all the guidelines. No design latitude ar ability to demonstrate compliance with the intent of the guidelines is permitted even if it is agreed that an alternate design, which faits to meet the specific plan guideline, results in a better outcome than an alternate that does Damply. A potential result of this implementation policy is the incentive far an applicant to either apply for a variance from the design guidelines or make application for a special development district as a way of gaining flexibility within the design process. Either way, in the end flexibility is afforded to a "new" project and the development review process is carried out just as though the application involved a "redevelopment' project. • All in all, staff believes that the question that must be addressed is whether the goals and objectives of the master plan can still be met regardless of whether a projec# is determined to be a "new" project or a "redevelopment" project. The master plan clearly articulates its purpose, goals and objectives. Staff believes that the plan's goals and objectives can still be met within the parameters of a development review process that affords all types of development, "new" or otherwise, varying degrees of flexibility in complying with the design guidelines and criteria. What is important, however, is that all projects be reviewed for compliance with the intent of the guidelines and when deviations are permitted, the resulting design alternate adheres to the in#ent of the plan. By way of example only, the Core Site Hotel devia#es to varying degrees from several of the prescribed guidelines of the master plan. Without passing judgment on the deviations, three examples of proposed deviations on the Core Site Hotel include the wall surface design of the western farads, the application of flat roofed areas., and the roof dimensional guidelines (ie, depth of eaves and overhangs). Asa "new" project that involves the complete demolition of an existing building, the existing plan language prohibits the Boards and Commission from approving the Core Site Hotel project, as designed, even if it is believed that the design alternatives proposed meets or exceeds the intent of the master plan. VI. STAFF RECOMMENDATIC?N The Community Development ~epartrnent recommends that the Town of Vail Planning & Environmental Commission directs staff to prepare an amendment to the Lionshead Redevelopment Master Plan that clarifies the language of the implementation policies and affords flexibility regard to the application of the design guidelines and standards to all projects, whether it is deemed to be a "new" project or a "redevelopments project, which meets the intent of the Lionshead Redevelopment Master Plan. In preparing the amending language, staff further recommends that the new language be drafted in such a manner that the degree of flexibility afforded to a project. be directly related to the magnitude of development proposed. Far example, the demolition and rebuild of an existing building would be afforded a lesser degree of flexibility from the design standards and architectural design guidelines than that of a remodel, addition or expansion to an existing building. In the end, however, it shall remain the burden of the applicant to demonstrate to the satisfaction of the Planning $~ Environmental Commission and the Design Review Board that the proposal for development is in compliance with the purposes of the zone district, that the proposal is consistent with applicable elements of the Lionshead redevelopment master plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 6 a m~' E o ;n c~ ~'q m o Q a7 a iyj Cm ~a r ~ ~@ n$ a ~t~EoZ $S a c~~~ e- ow ~ rn E ~ E Qcm m r mm~era x a 5 @~ C ~ im~Qo C~ ~l3^C$yC E pE ~ @~ e ~ ro{m c~L m E~:~~ma c t -°'. o ~ ~ Sii n n m -°, U' j m c a m c~ m v~ a E w ~ ~s O uaUo~n~ °~ p mtim~ds U~ W .Nru tD ~~ .~ v a.V c @ o~ z ¢~..'ey z~ ~ ~~ om ~~ o o~VjF®~Yc ~ p ~~.poac`v ~W 11-- i11 Ei~~Y m~ a ~o°=-m al ~ r Vj b~ 4`=W Q~ Z cmarnm ~m 3 c~~'~o~`~ vai ~ ~yiOc ~U of j,aa~cPl vE ~ ~m~~a"rv~ m a_ °roro~~~r.-n wm ~ c$ °® we @a~mo°'00t ~ ~? ~roY,U-'m ~JO Q.n n1 @ - a O-IL^ ¢~ ~ a=m~U m c Eaa~..-o° >umZ oL m~a~ Da N ..U' ~~~w '~ •'6a.~ m P~pca7@c ~c O ~pn~o Um u¢i~"~Vac~~ ~ =EE _ ~ °a"~~~~m ~m`m© ¢JU~gm WO CD `~ u^~ o c m lifUa a d'a~•-cv ~o N m ~~ ccs-r g L-m r n c +n a a~~~ m3^ro 2m W ~r~c,2 .4 .~ p~ri ~ Eb Amc a ~9~- aE ~ ~n^c~iv~ri~r cs z^c+ ~ rm..~~c~m~o a$a e~~,ri~~i 'er CT • r~r~ VJ • z ~~~ ~ ~ ~ ~ rah, V O QI ~ ~ ~, ~ O O ~ N o ~ z Q Q L fU "C9 'L~ ~ ~ o ~ O s~. bn ~ Yf ~ .~ 4 ~ r!i CC ~ U ~ ~~. d ~3.~ F-' O 'C ~ ~ p >, ~ 3 [a. `~ ~ ~, 7 ~ O 7 ~ a7 ~ ~ .i Q ~~~ U N ~ ~ ~ ~ w ~ ~~ ~ ~ Ra o . ~ ~:, ~ U ~ ~ ~ w ~ o,.~~~~c~r~ ~ b . ~ ~" %. a 'p ~ .C ~ ~ 3 ~ .~ ~ ~ ~ ~ ~ [ ~ O ..r ~ ~" GEC . ~ Q] ~ ~ 6",.b ~ ~ U ~, •F cy 3s C~. p ~ 6) •~ ~ ~ ~ +.+ Q ~ ~ •~ N N "~ w k U •~ 4.. ~ -.~ b Q ~ Q~•~ o ~ ~ c~ o~ o -p ~ v A a O ' a, ~ •~ y y 't. ~ ? F7 3 a, v >, ~, L . o C ~ ~ ~ ~ {~ ~ ~^ O ~ `~ ~ .C ~~ ~ 4 T o~ d u5 N `~ c e~ _~ bq N N b ,~ .y d ~,1 .~ c ci Cf] 'G K 4~ w O C3 Z Q, O ~i W j~~ 9 C W ~ .~ .. ~~O c ~ F- ~mc0 ®,c~ O a .~ U_ .C] cad t '~ O N A a 0 r~i ', r'7 "C r., N a :'~ C]., 3 N ~' c[9 w .~ .~ c3 3 Q] U .~ C c"'C ONE D.Cma^ lE~ R~L ~c~ ma~~moocm @~~ L '-ice O~ Y L p~ ;~ocUmc-_o~.~o O d]'my Q34 ~- V N= ~mU7~~oa @ccc~ Eo°~3 ~~imaQa @ Vl O d V V +- ~. C ~.G Vl rem ®mn oma _'° m rnm a~E-aoy/,m~c~4 a'o.nm6'~m~°~m O (V h a C1 b N U y ,~ U O ti n C !V t--I F. .O O ,~ a U T 11.11111 ~/ a' ~ a ,~ ~ ~~: ~ ~ ;~ d- -. [~ ~ ~~Ai'••r•I~+a~d -- a = w.c i0 n tE ~~° Ci ti p'L'_ ~[] ~ES.~ o o a o c! -- @m':.o.ari~o' ~~._ m c o € ~.c c o uv '~ ~wc?~ m .. UY~~-~~ti am O p- m o m ~ C 'n m ~ v`r'-'- E ~mo~o~} -~~r~cn~ ~~uc~E`~c " c mN ro ~ 4a • • C~O~Cp ~C~47O0p Q as ~` c~ o ~ m v x Ep,. c ~' ~7 t@ N c ~~ ~ a~ u D a e¢ y ~a~~c ao°~dRU+d' d {~ ~ 4+ ~ r-~ FQ d w O d~ f V ~.. Y ~ CIL 7+~ -R. QU b..M~~ ~~~ ? v ~ o~ Yv~tll~C] pY m wi m o _-- ~3 dWj yE=o> ~O`c7°oL~~ ~' m {~~-~4',_. ©w7Viv HOC d ~ W OmyC` ..-..y m N~ ~m ~a g a =~~~Q.. caJn.~^°raQr W Na~~3 oQ ~°O ~i m7 ~c~~y 'E 4~~© ~p jCl ~`~L~4"~ti fA ll7GtiW C~ Lf' yl CU `~: Uo €,o„~mmmc QyG pN~D r Um~A4C Ll1 C/~ ~Y r... r^ 1~_ H a ~ Q ~+ U ~ ~~~u+y6 $ m c ~ ~._. a.o ~~~7" 4 niS tV .-- doo cb'°c O 4 wv, n7 NNW M wh r: a~~~ m mm '0~~~=O~m o ~ ma~ir7 ~~~ ~Ner, .~?'e c ~m~qq (q u;. V ~ ~ .. o p_Ci u.'o pp++ .~ ~ P N ~ ~ m att ~_ ~~ ' ~ O ~ sv .~ ~ ~ $~~~ mo m ^ W r 0 ~"a UJ ej m j'v Eu~~t°a.E~ O p 0 C ~. fil O&L ra o v '~ c ,~ C ~L C lT' , . 4 Q. p -0p R1 ~,sN V; ' OpaOj~`n$4dq O m e NDI i~ y C 4 CA •~ O i .L~="'cat-W ¢p U ' m~L ~~~ ~y R C T3 O C R ® ~ ~~~'~ m C 1i ~ .C tc~.. Q ILL-- Z rl'~m CU~~ ~N~ iJ ~~6~ D. ~ m- p,7 m ar m4 Q ma~tO L~t6 ~r m~~,%-1.N =..N~ .Y~ ~~y~6 j VSS<c 0. ?-. 4-+ Q L ~ tld ? 0 fl -d L; a.> . ~ .... C O ~ w ~ ~ ~ ~ ~ G ~ ~ .r c ~ ~ c. - ,~ .~ p cn `~ ay L ~ ~ ~ a~ ~ ~ ~. o ~ ~ ~ ~ ~ ~s R ii ~ 'J3 3 ~ s ~ •~ ~ a ~ ~ ~ ~. c ~ ~~° °~ o ~ ° N 'd' v ~ 8 "~ °~ A c-r f ~ ~ w ~ ~ ~ ~ ~,'~ .~ t] y~ G .^~. ~ O" '•"S ^" V C N n" G a) ti .a N ~ ~ cJ ~. "d L' O ~ ~ AJ a ~", .~ ,~ ~ ~ ~ 0 ~ ~ Y ~ T1 ~ ~Gy ~Y ~ ~.~ ~ ~ 'd ~ 7 `~ "~ ~ Q y ~ ~ N ~ ~ ~ ~ ~ ~ ~'~' r Q ~ ~ J ~ ~ d ~ ~* r~ G~ O E" i'l ~+ ~ „y ~ ~ p n ~ ~ ~ ~ "Lj CS ^ ~ iaJ . y ~ `r' N ~+ ~ '*,3 ~ G C? ~ ~ 6 O ~' bA ~ ~ ~ C7 ~ ~ ~ ~ N cn .r b cad T N G L .Lw .~ G k 3 '~ G .-+ ~ I O f~. ~ ~ 0 a~ "~ a~ ~- (s: ~~ 0 O •_ c3 G .~ '~ a T 0 a CL F O 'd v eft ~ .~+ 7 ~ !1 ~~ ti 'C3 ,s-. r~*! ["' h1 Z 0 .~ a. a~ 0 .~ .~ U MEMORANDUM TO: Planning and Environmental Commission FROM; Department of Community Develapment DATE: July 12, 2004 SUBJECT: A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-1Q, Amendment Procedures, Vail Tawn Gode, to allow for an amendment to Special Development District No.4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. Applicant; Vail Resorts„ represented by Braun Associates, Inc. Planner: Bill Gibson I. SUMMARY The applicant, Vail Resorts, represented by Braun Associates, Inc., is requesting a final review of a major amendment to Special Develapment District #4; Cascade Village (SDD #4), to allow for a new development area located at Tract K, Glen Lyan Subdivision. Based upon Staff's review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Develapment Department recommends that the Planning & Environmental Commission forwards a recommendation of aptaroval, with conditions, to the Vail Town Council of the proposed major amendment to Special Develapment District #4, Cascade Village. II. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts, represented by Braun Associates, Inc., is requesting a final review of a major amendment to Special Development District #4, Cascade Village (SDD #4), to designate Tract K, Glen Lyon Subdivision, as a new "development area° (i.e. Development Area E) within 5DD #4. The primary purpose for this application is to designate Track K as a separate development area to facilitate the construction of a new snowcat access road generally located south of the Eagle River Water and Sanitation District (ERWSD) and Vail Amoco sites (846 West l=ores# Road and 934 South Frontage Road) to the Cascade Way trail (formerly known as the Westin Ho trail). Tract K is currently designated as part of the "Dedicated Open Space" area of SDD #4 (refer to page 3, of Ordinance 23, Series of 1998). The provisions of SDD #4 have not, and da not, include any approved development plan nor any established development parameters for the Dedicated Open Space areas (including Tract K). SDD #4 does not designate any permitted uses, conditional uses, or accessary uses far the Dedicated Open Space. While the primary purpose for this application is to designate Track K as a separate development area to facilitate the construction of a new snowcat access road, another purpose fior this proposed major amendment is to establish a list of allowable land uses for Tract K. The applicant's proposed permitted uses for Tract K are similar to those within the Open Space and Recreation Districts established 'by Chapter 12-8, Vail Town Code (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts). The applicant has proposed that the following land uses be permitted within Development Area E (i.e. Tract K): 1. Utility corridors and improvements 2. Mountain accessway5, roads, bridges, retaining walls and related improvements 3. Skiways, catwalks, trails and related improvements 4. Snowmaking facilities and related improvements For consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for consistency with the provisions of Chapter 12-8, Open Space and Recreation Districts, Vail Town Code, Staff recommends the following uses be permitted an Track K: 1. Nature Preserves 2. Passive outdoor recreation areas and open spaces Also for consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for cansistency with the provisions of Chapter 12-8, Open Space and Recreation Districts, Vail Town Code, Staff also recommends the following conditional uses be allowed on Track K, subject to the issuance of a conditional use permit: 1. Interpretive nature walks 2. Bicycle paths and pedestrian walkways 3. Public utility and pubiic service uses 4. Ski trails 5. Snowmaking facilities 6. Access roads 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. A copy of the current SDD #4 regulations, Ordinance No. 23, Series of 1998, (attachment A) and a more complete description of the appiicant's reguest (attachment B) have both been attached for reference. III. BACKGROU6V[] The following is a brief summary of Tract K and SDD #4 history which is relevant to the proposed major amendment: • 2 • March 1976: Ordinance 4 of 1976 -Town of 1/ail annexes "Lionsridge" area • March 1976: Ordinance 5 of 1976 -SDD #4 established, Tract l< is part of development "Area C". "Ski lifts and Tawsn are allowed as conditional uses in areas A, B, & C. • November 1977: ordinance 28 of 1977 - SDD #4 °'Dedicated Open Space" development area designation created; however, the properties in this area are not identified. • April 197$: Olen Lyon covenant restrictions are adopted for Tracts B, C, D, E, F, G, H, J, ii & "stream tract". • July 1978: Tract K is deeded from Gore Creek Associakes to the Town of Vail. August 1983: conditional use permit approved °'to construct the Westin-Ho ski trail in Special Development District #4"'. • June 1986: conditional use permit approved "in order to construct a ski lift at Cascade Village" • June & September 19$7: Glen Lyon covenants amended to alCaw bridges, lifts, mazes, trails, equipment, etc. for Tracts J, H, ~ "stream tract". • December 1988: Ordinance 40 of 19$8 -SDD #4 repealed 8~ re-enacted with "ski lift" conditional use allowed in areas A, B, & C. The proposed snowcat access project has recently received Town of Vail approval for improvements to the Eagle River Water and Sanitation District property and a bridge across Gore Creek. The Design Review Board has reviewed and approved the proposed snowcat access road. The Planning and Environmental Commission and the Town Council have approved a retaining wall variance to facilitate the construction of the road. The snowcat access road can not be constructed until SDD #4 is amended, the Town Council grants approval of easements for the road, and any potential conflicts with the Protective Covenants of Glen Lyon Subdivision have been addressed. IV. ROLES dl= REVIEWING BbaIES I'ianning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for forwarding a recommendation of approvalldeniaUapproval with conditions of a major amendment to a special development district to the Town Councii. Design Review Board: Action: The Design Review Board has NO review authority on a major amendment to a special development district, but must review any accompanying Design Review Board application. • Town Council: ~I The Town Council is responsible for final approvalldeniallapprvval with conditions of a major amendment to a special development district. Actions of Design Review Board or planning and Environmental Commission may be 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, ar overturn the board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum containing background on the property and provides a staff evaluation of the protect 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 QOCIJMENTS TITLE 12; ZONING REGULATIONS Article 12-9A: Special Development Districts (in part) 72-9A-7: PURPOSE: The purpose of the special development district is to encourage flexibility arrd creativity in the development of land in order to promote its most appropriate use; fo improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to ,preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development pfan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development distn`cf. The specia! development district does not apply to and is not available in the fallowing zone districts: Hillside residential, single-family, duplex, primary/secondary. The elements of the development pfan shaft be as outlined in section 12-9A-6 of this article. 12-9A-2: DEFINITIONS: MAJOR AMENflMENT (PEC ~INI7/OR Cr7UNCfL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved specia! development district (other than "minor amendments" as defined in this section), except as provided under section 72-15-~, "Interior Conversions", or 92-95-5, ;4dditianal Gross Residential Floor Area (250 ordinance)" of this title. 72-9A-6: DEVELOPMENT PLAN: An approved development plan is the principal document in guiding the development, uses and activities of a special development district. A development plan shall be approved by ordinance by the Town Council in conjunctr`on with the review and approval of any special develapment district. The development plan shall be comprised of materials submitted in accordance with Section 1 ~-9A-5 of this Article. The development plan sha11 contain all relevant material and information necessary to establish the parameters with which the special development district shall develop. The development plan may consist of, but not be limited to, fhe approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan, preliminary open spacellandscape plan, densities and permitted, conditional and accessory uses. 12-9A-7: USES: Determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as a part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed special development district, permitted, conditional and accessory uses shall be limited fo those permitted, conditional and accessory uses in a property's underlying zone district. Under certain conditions, commercial uses maybe permitted in residential special development districts if, in the opinion of the Town Council, such uses are primarily for fhe service and convenience of the residents of the development and the immediate neighborhood. Stich uses, if any, shall not change or destroy the predominantly residential character of the special development district. The amount of area and type of such uses, if any, to be allowed in a residential special develapment district shat! be established by the Town Council as a part of the approved development plan. 12-9A-8: DESIGN CRITERIA: The following design criteria shall be used as the princr""pal criteria in evaluating fhe merits of the proposed special development district. It shall be fhe burden of the applr'canf to demonstrate that submittal maters"a! and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent wifh the public interest has been achieved: A. Compatibility: Design compatibility and sensitivity to fhe immediate environment, neighborhood and adjacent properties relative to archifectural design, scale, bulk, building height, buffer zones, identify, character, visual integrity and or-entation. B. Relationship; Uses, activity and density which provide a compatible, efficient and workable relationship wifh surrounding uses and activity. C. Parking And Loading.' Compliance wifh parking and loading requirements as outlined in Chapter 90 of this Title. D. Comprehensive Plan; Conformity wifh applicable elements of fhe Vail , Comprehensive Plan, Town policies and urban design plans. • E. Natural And/Ur Geolr~gic Hazard: Identificatian and mitigation of natural andfor geolagic hazards that affect the property an which the special development district is proposed. F. Design Features: Site plan, building desr'gn and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. Traffic: A circulation system designed for bath vehicles and pedestrians addressing on grad off-site traffic circulation. N. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. 1. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. 92-9A-9: DEVELQPMENT STANDARDS: Development standards including !af area, site dimensions, setbacks, height, density control, site coverages, landscaping and parking shat! be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards thaf deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such devr'ation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section 12-9A-8 of this Article. 12-9A-90: AMENDIVlE'NT PR©CEDURES: B. l~fajor Amendments: 7, Requests for major amendments to an approved special level©pment district shall be reviewed in accordance with the procedures described in Section 12-9A-~ of this Article. 2. ©wners of all property requesting the amendment, ar their agents or authorized representatives, shall sign the applica#ion. No#ification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the Deparkment of Gommunity Development). Notification procedures shall be as outlined in subsection 12-3-6C of this Title. TOWN GF VAIL LANDUSE PLAN Chapter V1-2: Key Goals D. Parks and Open Space: ~) The preservation of open space was determined to be a high priority. The improvement of exr`sting parks and open space areas, in concert with continued purchase of open space by the Town of Vail were both identified as priorities. Chapter VI-4: Proposed Land Use Categories {in part) DS Open Space: Passive recreation areas such as greenbelts, stream corridors, and drainageways are the types of areas in this category. Hillsides which were classified as undevelopable due to high hazards and slopes over 40% are also Included within this area, These hillside areas would still be allowed types of development pem~itted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be institutional/public uses. TOWN ©F VAIL COMPREHENSIVE tJPEN LANDS PLAN Tract K is not addressed by the Comprehensive open Lands Plan. VI. SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND R!`VIEW PROCESS As noted above, Chapter 12-9 of the Town Code provides for the amendment of existing Special Development Districts in the Town of Vail. An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District.. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessary uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Gode provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. • VII. SITE ANALYSIS Legal Description: Lot IC, Glen Lyon Subdivision Zoning: Special Development District #4 Land Use Plan Designation: Open Space Current Land Use: Open Space and the Cascade Way trail VIII. CRITERIA FOR REVIEW A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, buiiding height, buffer zones, identity, character, visual integrity and orientation. The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which are consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff believes these proposed uses are consistent with Tract IC's current SDD #4 designation as "Dedicated Open Space". Additionally, Staff believes the proposed snowca# access road is a similar land use as the existing Cascade Way trail which. was approved in 1983. Furthermore, the proposed land uses for Development Area E (i.e. Tract lC) do not allow for the construction of buildings. The proposed snowcat access road was reviewed and approved by the Town of Vail Design Review Board; therefore, Staff believes the proposed major amendment is compatible and sensitive to the immediate environment, neighborhood and adjacent properties. B, Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which are consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff believes these proposed uses are consistent with Tract K's curren# SDD #4 designation as "Dedicated Open SpaceA. Additionally, Staff believes the proposed snowcat access road is a similar land use as the existing Cascade Way trail which was approved in 1983; therefore, Staff believes the proposed major amendment. is compatible, efficient and workable with the surrounding uses and activities. C. Compliance with parking and loading requirements as outlined in Chapter 92-10 of the Vail Town Code. r~ ~~ Staff does not believe that this major amendment is affected by the parking or loading requirements of Chapter 12-10, Vail Town Code. Therefore, Staff does not believe this criterion is relevant to this application. D. Conformity with the applicable elements of the 11ai1 Comprehensive Plan, Town policies and Urban Design Plan.. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Tract K is designated as "Open Space" by the Vail Land Use Plan. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: Chapter VI-2: Key Goals D. Parks and Open Space: 2) The preservation of open space was determined to be a high priorify. The improvement of existing parks and open space areas, in concert with continued purchase of open space by the Town of Vail were bath identified as priorit-es. Chapter VI-4: Proposed Land Use Categories (in part) OS Open Space: Passive recreation areas such as greenbelts, stream corridors, and drainageways are the types of areas in this category. Hillsides which were classified as undevelopabie due to high hazards and slopes over 4Q% are also included within fhls area. These hillside areas would still be allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be institutionalJpublic uses. The proposed ma}ar amendment allows for uses within Development Area E (i.e. Tract K) which are consistent with uses allowed in the Town's Qpen Space and Recreation zone districts (e.g. Agriculture and Open Space, Qutdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space" and the policies, goals, and objectives identified in the Vail Land Use Plan. E. Identification and mitigation of natural andlor geologic hazards that affect the property on which the special development district is proposed. According to the Officiial Town of Vail Geologic Hazard Maps, Development Area E ~i.e. Tract K~ is not located in any geologically sensitive areas or within the 1 i}a-year floodplain. Therefore, Staff does not believe this criterion is relevant to this application. • ~. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive #o natural features, vegetation and overall aesthetic quality of the community. The proposed major amendment allows for uses within Development Area E {i.e. Tract K} which are consistent with uses allowed in the Town's Open Space and Recreation zone districts {e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts}; therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space". Therefore, staff believes the major amendment complies with this criterion. Additionally, Staff believes the proposed snowcat access road is a similar land use as the existing Cascade Way trail which was approved in '1983. The proposed snowcat access road was reviewed and approved by the Town of Vail Design Review Board; therefore, Staff believes the proposed major amendment is functional, responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. G. A circulation system designed for bath vehicles and pedestrians addressing an and off-site traffic circulation. The proposed major amendment wilt facilitate the construction of a new snowcat access road. This proposal wil6 remove Vail Resorts' winter mountain maintenance traffic from public streets {i.e. West Forest Road}. Staff believes this will have a positive affect on traffic flows and traffic safety. Additionally, the proposed major amendment will not negatively impact use of the existing Cascade Way trail or the existing bike trail along Gore Creek; therefore, Staff believes the proposed major amendment complies with this criterion. H. F'unctianal and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which are consistent with uses a[iowed in the Town's Open Space and Recreation zone districts {e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts}; therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space". Therefore, staff believes the major amendment complies with this criterion. I. Phasing plan ar subdivision plan that will maintain a workable, functional and efficiient relationship throughout the development of the special development district. As there is no phasing or subdivision plan associated with the major amendment, Staff does not believe this criterion is relevant to this application. 10 IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning & Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council of the proposed major amendment to Special Development District #4, Cascade 'Village. The Staff's recommendation ofi approval is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence presented on this application subject to the fallowing finding: "That the proposed major amendment fo Special L?evelopmenf District #4, Cascade Village, to aflow for a new development area located of Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto, complies with fhe nine design criteria outlined in Section 92-9A-8, Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented, that any adverse effects of fhe requested deviations from fhe development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission I1nds that the request is consistent with the development goals and objectives of the Town." Should the Planning and Environmental Commission choose to approve this major amendment request, the Community Development Department recommends the fallowing conditions: 1. The following uses shall be permitted in Development Area E (i.e. Tract K} afi Special Development District #4, Cascade Village: 1. Nature Preserves 2. Passive outdoor recreation areas and open spaces 2. The following canditianal uses shall be allowed in Development Area E (i.e. Tract K} of Special Development District #4, Cascade Village, subject to the issuance of a canditianal use permit: 1. Interpretive nature walks 2. Bicycle paths and pedestrian walkways 3. Public utility and public service uses 4. Ski trails ~. Snowmaking facilities 6. Access roads 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary far the operation thereof, with the exception of buildings. • 1~ 3. Prior to the Town Council's second reading of a ordinance amending Special Development District #4, Cascade Village, the applicant shall submit written documentation to the Town of Vail Community Development Department demonstrating that the amendments are consistent with all provisions of the Protective Covenants of Glen Lyon Subdivision. K. ATTACHMENTS Attachment A: Vicinity Map Attachment B: Applicant's request Attachment C: Ordinance 23, Series of X998 Attachment D: Draft Ordinance No. 77, Series of X004 Attachment E: Public Comment Attachment F: Public Notice • 12 AttacF~ment: A ~.,., i i ~.. A Attachment: B PROPOSED AMENDMENT T4 GLEN LYON SPECIAL DEVELOPMENT DISTRICT #4 June 1, 2004 PURPOSE OF THIS AMENDMENT This proposed amendment to SDD #4 has evolved out of Vail Resort's proposal to develop a new snowcat accessway from the VlZ Maintenance Yard to Vail Mountain. A portion ofthis accessway is located on Tract K which is a part of SDD #4. The purpose ofthis SDD amendment is to correct and clarify existing.. and allowable uses within Tract K. BACKGROUND ON SDD #4 SDD #4 was originally approved in 1976. This SDD is unique from most other SDD's in t<vo respects. Ordinance S of 1976 makes no mention of the SDD's underlying zone district. Typically a SDD references an underlying zone district and this zone district then establishes land uses permissible within the SOD. Secondly, SDD #4 includes reference to specific permitted, conditional and accessory uses that are allowed in the SDD. SDD #4 has been amended a number of tirrnes over the years. Amendments have addressed a range of topics, primarily allowable uses, development level and changes to development areas. When originally approved in 1976, SDD #4 was divided into four distinct "development areas". Development Areas A-D consisted of approximately 97 acres and allowed for a wide variety of uses which in hindsight are quite consistent with Glen Lyon's existing mixed-use character. In 1977 SDD #4 was amended to incflude the same four Development Areas (Areas A-D) with the addition of a 40.4 acres "Dedicated Open Space" category. There is na indication. in the SDD what, if any, uses are permissible in the 40.4 acres of "Dedicated Open Space". As indicated in the 1977 amendment, the total land area of the SDD was approximately )2 acres. SDD #4 was amended a number of times following the 1977 amendment, most recently in 1988. There is na indication in any of these amendments as to what land uses are permissible within the "Dedicated Open Space" category. Tract K is a part of the "Dedicated Open Space" category. Tract K was deeded to the Town of Vail in 1978. BACKGROUND QN PROPOSED SNOWCAT AGCESSWAY Vail Resort's submitted plans to the Tawn this past fall in order to construct a new snowcat accessway. This new accessway is intended to provide a new snowcat route to Vail Mountain and in doing so eliminate the need to run snowcats on West Forest Road, A portion of the snowcat accessway is located on Tract K. As such, VR requested and was granted permission by the Town Council to proceed through the review process in order to obtain approvals far the snowcat accessway (and related improvements including a new snowmaking intake/vault, water lines, bridge, retaining walls and landscaping}. VR leas all but completed this review process, The FEC has approved a variance to maximum retaining wall heights and the DRB has approved the design of the project. The Town Council has approved two of the four easements necessary for the proj ect and a building permit application has been submitted for the snowmaking intake/vault portion of the project. In April of 2(304 a 1996 letter was provided to the Town from a property owner in the Glen Lyon subdivision. This letter was a joint letter from the Town and Vail Resorts to the Glen Lyon neighborhood. The letter outlined a process for the review of a new mountain access road that would be located in part over Tract K. The accessway location and design contemplated in 1996 was very similar to the plans currently being proposed by VR. This letter indicated that the accessway would require amendments to SDD #4. In deference to this 19961etter, it has been determined that in order for the new snowcat accessway to proceed SDD #4 will need to be amended in order to allow for snowcat accessways on Tract K. In addition, it has been determined that the existing Westin Ho skiway was likely approved in error. While a conditional use permit for this skiway was approved in 1983, there appears to be no basis for this request as neither "skiway" or "catwalk" appear to be a permitted or conditional use within Tract K, This condition will also be remedied by the proposed amendment to SDI.) #4. PROPOSED AMENDMENTS The following amendments and development approvals are proposed to SDD #4: Create a new development area -Development Area E, this area will consist of "Tract K". Establish allowable uses within Development Area E to include:: Permitted Uses 1. Utility corridors and improvements 2. Mountain. accessways, roads, bridges, retaining walls and related improvements 3. Skiways, catwalks, trails and related improvements Snowmaking facilities and related improvements ^ Approve a development plan for Tract K-Development Area E. This plan includes all or portions of the existing Westin Ho skiway, snowmaking/utility irriprovements, the bridge and the snowcat accessway. An existing conditions map and a development plan are provided herein. In order to more clearly define the approved development plan far Tract K, it is anticipated that the ordinance approving this SDD amendment can also reference the previously approved plans far the bridge, snow-making facilities, accessway and retaining walls located within Tract K. RI+JVIIE{~W CRITERIA The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. R.esnonse Numerous snowcat access alignments have been studied aver the years. The proposed route minimizes impacts on the site and impacts to surrounding neighborhoods. When compared to the existing snowcat route up West Forest Road, the proposed route presents a much more sensitive solution for the immediately surrounding neighborhoods and the community as a whole. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Response The limited uses proposed for Development Area E are consistent with Tract E "open space dedication" designation, with existing uses of Tract E and with surrounding uses and activities. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter lU ofthis Title. Response Not applicable. D. Comprehensive Plan: Canfomlity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Response The removal of snowcats from West Forest Road is a stated goal afthe Lionshead Redevelopment Master Plan, an element of the Vail Comprehensive Plan. E, Natural And/Qr Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district. is proposed. Response A geotechnical analysis has been completed in conjunction with the design of the snowcat access road. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Response The snowcat accessway has been designed in order to minimize both cutffill slopes and site disturbance. An extensive landscape restoration plan has been • proposed as a part of the bridge/snowcat accessway. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Response The new snowcat access is proposed. in order to remove snow cats from West Forest Road. This change will result in a much safer roadway condition and a reduction of traffic on this road. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Response A landscape plan has been provided as an element of the development plan for the bridge and snowcat accessway. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. (fJrd. 21(1988) § 1) Response Initially proposed to be developed in one phase, the project is paw likely to be developed in two phases. Phase I is expected to consist of the new snowmaking intake/vault, new snowmaking lines up Vail Mountain and a new bridge over Gore Creek. Phase I would be done the summerlfall of 2004. Phase TT would consist of the snowcat accessway up Vail Mountain. The timing for completion of Phase II is to be determined. if the SDD amendment process is resolved in a timely manner the accessway could be constructed in 2004. As an alternative, it is anticipated that tl~e accessway would be constructed in 2005. • • N I~~ e`.]NtL~33N1~N3 .I JI4=3= ~ry~d-~"~ dtVNF JU.PJi~L'4. J.N~i`ICAl3Wtl 1! l~'dlil. Di fldS Nt?A'7 H37:7 ~ox em ~ +Wzs/~o 31va F 9Y7 a3M~3NJ ~"I w xan w~vya = Bb 'r9n a31RJ53a a U O Z I ' 'ax ear{ •a/sr/sa 3rvc ' °'~4v::~:ci;':~•'-'ia:'.e, SNOLLK~`10~'JNLLSI}f3 ' ~NI ~NI ~1=13NI~N3 9i:Y a3x73K1 W ...~J 3 V3»V 1N~IHd0~3h3O - ~ l~V'IJJ. - _ '' h13n pypYlY9 t~jy 4# dC~ NOA'I N~"PJ ~CJICI-i ~ xs sr+orsv,gx 31vo ax ~a •*'" Q3N"`'~tl + + I I W ~I ~ , -; it s' ~'I I - r 'y t s .r I _ 1 j if o- (.: .i -~ 5 ` I w I i. - 1 ,t t t ~. r r t'.,' t ~. y t ~~ ~ r f ~ y, ,, r, t' ',I y}~ 4 , I' t r 1 t t ,~ 1 1 'r `~ 7~ ., I t` I 1 4t , t r, ~ a ~`I \~ `` ~ } 1 1t'' ~ 1 i1 r t1 .t t ~ '~ ~ h . \t ` t y t .:'I-I r , .' ~ t `~~ ~ t } 5 : 1 }1 }', r Ilt , lr t :11 4 ~.}i,• ~ r r,l \ 1 t1 r}~! II 1 r I •5 `~ t ~ l t I~ y r. t t S ,, l,} t • t' 1 ~ t 1 t- t c' I I t \ .~, ~ v,. .. r 1 t t' ' 1 ~ 1, I +'} 1`I' 1st r I, i ~! + i _,'' II ~ S,I II 1 } .,y } Y'-', }4 t1.-j,l 11j1 ,yli~'il y. I9 ! y ,.-~LY I t ~,~.. O _I , ,. 4 1, ~'I. r .} ' 1 ~'y ~:1'' ~}, ~til I',,, '. 11 i„ ~',•~ ,t '14 ._,ry~ ,1 i ' 1 y I 5.'. f fl 4 1~- '4 ~. t 1 ~ - l7 I V.. I .~_. ;1'4 t I I, 1 -'A ..7- . CJ \ l tt ~ ~ ~ ;:{; 411 r ~, II 1 I .ICI ~ ~ ~1 1ijl. } ~t ! ',~1 II r-l rt y.'. \t t.;sk ~~.' ~ 1 ~- I !rr I r r 1 } 1 ~ ~' r ; ~^c1~.,a, ''C\~ ~ ~, \.~`~~~\ `y ~ti *; r ~.5~ \~~\'~`\ v~°e`\~ \If i.7\.*~ 1 .~ I: 1 t~. ~ t tl 111 1 ~S 'e+..;w LS. '` a'~ `~-~~ a ~_ ~ '! f ; I j ~ t.,. , ~ ,-~ ff.~ ti ~ ~r~;~~ ~~ ' '~ , li 1r 1 ` tt : ~ 1l 1 ' '-7' I !~' I V 1',r .'r I~+ I 1'~ I ,I. I tl ! t ~ \ , .1 1 , s ~ 1 ' '~ ~ ~ I t ~ I I .. 1 ~`~~ 1, 1 t ~ `+~ i}~: + \\ '~ t t ~ v 7, 4 r t~ I ~ i i I i I Y' t'' I I . ~tt }I . 1: 7, L~'.r 1 ~,V ty I t~.l t, } ~,.~'t 1••~I y I,. I ~ r I ~ ,,,, }t t ~ ~ I 4 a:~. ~,i f ~,• ~ '5'111,17 1'l'1Il 1' x 411 1`11 rr f111111I ~,. Yi } 111}§ 11.x'} 1 Y' lll~ f t~ ~~ r'~ 4 ~ ', t r t 1,', , r' I' I I l I l l i l 1 t P 1tt t } Ir .1t ~ r' I .s t I I I t 1 4 -'. 14 rk ~' }' ',Vil "r t } tl'.°'~r s t1r11', ~'~'rl ` t r~'~ IS'i i'~t 1 .iii i jr•.~ l 1•' I 4~ra ' "t , , 1 '~.},~ v..'.4 t C3 t t ~ ~~.'.'•1 II ' 1 4 1~~-•, `i , n.14 .Y '~ ' 1 r r 1 ''. t 4 ~ ,r 1 t., . JO 1 ~ 5 st 1' 1 t. t t 1, i.l ~ E r `I ~ ~.~ i yrlr 5 1 I'.s `F i~ I I ~ :'" 1 1 t , t :t:,, tirl i `A~1 s t, u ~ _. _ - ;11~ I ~} i t it '. ~~. '.j t tr", INt t ~ t ~ I i +'~ t t ~5.. 1_., ''I.1, ~j ~• I '.~I I 1i'.`} I r s [.9U '; I l.,'~ t .1, t 1i, ~' I Ir ~~1 + ~1 E v II I I t ~''',1 tli 1 ~ I Z ~` ~ 1 t 1 y l I ,. ~ V I .y' S I I I 41 4 j t ~-. \~' t .Y~ I I~ I I 1 4 .1111 t III ,: jell ~ t I ~ I"I } It ` 0 ` t~ I 1 '7, , .1 I ' .',r f I .111,1, II }Y Idll: I II 4 it ~'. Il Xw V 411 V' IV j4 ~1} \t. _. ,'`\ 1t t f ~ {j. ~ 1 } i ,1 .. ~f 7 !I ~IIIIY'I ~ III I ~'' Irll t Ill4l , VI ,.' S ' 4 I I ;5 4 GQ \ .. r mcf i 11 ~'I}i I p I cb I I ca I ,~. W t aF I t \. i~ ,~~ ~ !I I I l~li' II ~ I~. ~r 4 a> 1 i~q ~yll ti' ,~4 ' t~ A Q j'~ ~ t ' "1 ~~r~ t r ~ ~' r 14,11 IIf g , u'' ~ I } 6 ` ~ItI g.. Y 11 a tl~ t ~ \ $ t T T 11 . ~' '® ~ ~:~1 ;~ 'Irl !I ri"+ Y jl k II IS I V', I ~'1 .`I 1 1". \ ~~'. 1 . till !~ I! I f III ~ I 111 I,U1ry 4r4 ~ t V'. v. A t~ y.. to ~ t 1 f I r;, I ! " 1 It 1 ! `~' II Illli~r4 'I I~r,lll ty 1 ` '\ \, s 1 t}~5, \ • '.. t t', t 1 ~" ~ r i ! ! i'~1 1 11 II ;1'1.11.1 t~.l t 1 '\ \ `, w ~`t r ~ ~ r~. f, r r f Ill III is j1 If I1. 1 I11'I 4' S A'. ~ ~(~t 5 ~ 5 5`, Ir h. i I 'll I III II I I II II Yi 111 II i ' 1- ~• 1 I r I :~ '~ 4 I 51 -t 1 1.. I f' I 1 I IIIY -1I ~ ~I I I 1', ~ i -( I ~illl 111, 111 ~, III I I I III I I 155} ~ y I \ _V-1 r,t ]t I :, I• f I it 'I I I E t t-~ I~,} 4-' - I 'I II Illt rllll 111;11 I I ~I{{ I I r1' t 'I'I •t 1 •1 r I I- I,I III 111 III { I• .1 I , I 1{~~'4 ` '• f '~ I I I I Ilr -I I I I I',I II 11 .{ {III k ll~ II.I - I \1 1• t I I I. 5 1 t~ ' t 'I ' Ifr b'r - I .t_,I I I I I.I 14 -~'I I Ili.~l{I,., II 1' I I I l•lf l ~~ ~ '.t 1 ~.\ v 1~ r' I' 11 }I t} I 11 I If r I ~`'e+ r 1 ` r i ~ , '' Itl I li I,l{I) i 1 11 yl 11141 I 11 ~ I III 111jr111i I 5,-. I I \.~.• 5 I, I I ~1 1 ~ 1, 114 14 il} I 4 ' 1 111. ~ LI 1 r I 1.I `.,I~ I t. .1 I ~,,1 4 ~ ', 1111 I dill Illl I lrl Illl II ! I I j ~ti~ o" \ I '.1 't 1 -' 7 '.I I' III' I 1!di~ 1 r t. {JJ ~1 :try ~t, 1'. 1 'l 4 ~ 1 -~~ I + I {. Il I I I i I Ill+l ~ ,`I r r t'~t t -I i 5 ~.','~} tr,ll II I ,III iIIIIdi-~ II I~, IIIIf I 11 tf + ( t it-fill ° _,i , , ~ t tr}' 'IIIIi Illlli{'~ 1jj1.I;IIiIi ~Illl;lr IIII ~S -1 r'. [~r ,. t It'. Q ~ I v r rt '+~V ~ V! 5 I.I~I I li ~ IIIIJ i,l!{ 1 I I 1 l r ~r 5! 1'. il~:t t .-1 ,~1 },I VII II 111111 III{ ~ ,11'11 1. 111,,11 4 r ,l ,J,, 'li I Ij~ ... t -" t ~ "tV 1 4 I . ui I !I 1 ~{~{I1~'1~.. I I Y I f I i I 4 1 I I1 'y ' y n, 1, t `t. r E ,,Ir tt nl 41 , 1~1 l' 111741,,1 }II,Illlr,l` }i~i5..r'r fr t} ,Ir,lllllll, t ,r 1 t. \ 1'. 1 ~ 1 , 1 1 'I i IIi Q 1 i j r b 1. 1 t r \i E--- y 1!} y I~ ,}' 14i 1 I ,,t 'I 5 '°~ it r7 .' ~~ i.-- 1 I 1 '~;. ~_ , 1~`~ 5 A l~'• V, t t t C:) I}~i a }7 r~ lk t 1 1~r r- a f ~ .111 f"_" ~ t. \ \ s t t' I , I.. =,1l ,~} `t?~1. 1 ~al ~ 1` ~ tr' t ` r '' A 9 ~r v r 'A 1 r,;, t ' „CL` ,Y Il 41 t ~ 1 ~, Y t ,It ~~. ~V J I P~ S ~ t>t ~ ; I I { { I~ t i t ~' 1 :1- ,,, 1 1 t-: 1 1~ t~.. 1 ' ~ tl ~~ \s ~ ~ I I ``{;.~ - \, It I t~';~' .~ - h 1 \ ~~ 5tt ~\ 1~'t; t 1} "'t ti ~ t 1 t•, I7t t~ ' I 1 } t t~ i ~- ~ i `~ ` \V •' t ~ '.t 1 y A, ] t 1 "1 t '.'.t '• t st, ~', t t r t ~ -. Q t E t t, t. r', 1',,:yt t ,.>I t s,` \~ \'~ 1 `t ~'J 1 1 ;4, \, s .. `, t.i, i 1 s 1 r-try 1 t..1 t t'~ \ t 1 ~ ; ~'6~ ~ -- \ ~ t ` t r- 't ~ t t 1':• ' ` t 1 ', t t ':\ t l I ~>~ a?, `\ W ~ (~ ,; ~ . t1 ~ ~' ~ `'t. ~ `, lr ~, i tt t-.il ` 1 ,,y1q \ ~~, \ 1~~'~ `tt~'~._= i }` i ~* ~\, _. W '1 1 Il .I. t! IiL 11 't' y t~ j< t ti \ \: s \ \4 \ ,\ {~._ ~ [ I , t ` ! s 5 1 5' IIf i d '~, 4 t i ~i. 1 ti \ \ \ t t~ t "-+JI 11 r`y ~, \, i I , Ili 'r ~ ,t. .'`~ jt , d \ \.:.~ \ \. ', 1 It r ~1i~{ i \ \ Y 11 ~ ~~; 1j~~ t ,i, C 1 `,t ,~` 1 V\ \t. ,,\\ \\ ~~ \\ t\..~\ ~, ,• at .._ X14 ~I ~,s\ 4 \'~ `. J 4+h~ 1 V~ V~. A ,, t' \ ~ ~ ~ .~\ Qy ~4y } 1 ~ '\ t 1k is \ a •~ \ ~ \ t* ~ \t ~ \~ ~ ~ ty1~ 0, ~' tt` I r ,~\ ~ I' $. ], t III \ \ ~ ~ \ ~ \ '~ ~ } I ly I }""'" Fl ~; 1 - ~j ;t\ 1` 1.11 \` t-\ ~ ` ~\- ~`• \ ,~:\ ' `,. ,. \ ~•\ Il tt.. ` 5 ~ - O ~ ` rOr~~ tiJ VJ J IIX 11 1 t \~ ~\ ~ ~\t ~ j s1 t t. ~ t \ t 7 . L' 1 ` y ~ I I: , ~, ~' v I ~ , _1,1 ' t 't t ' 1 r 1 '.. ~' ,1 t t. . , , ! t t 11 I ~ ,t\ 1' ~ •, x ' ~t + 1` `?~ t ~ 11 Ali 1 .. ,1 A. 1 ' 1 1 ~ A ~I 1-~"~. \ ,. ', 1 I ' jt ~~ ~ '~I~I I ~ ~, l ,., • '~y l t\ ,~ ~\ ~ ~ •v \ v~ ~',~,• t1~i I~ Tt'i 1,. .,`. ,,r ,~ T"~ 417. ~' 9 ' ~~~,\ ``~' • • • ' :aF=a~ 4;ri, a:,~~s~~n:.. NV~d SN3wdc3l~t] aN eor ~ ,o/z Jsa 3Ag9 3N1 JNIkJ33N!`JN3 .~ a radv liv3wdo-er~a - ;~ ~.a~,t ap ~~»Na w M7w NNVaQ = 0'4 C7aS NOh~ M~fJ - vl ~~~~~~ Bn 'xan aaN~ls3a p A9 ! SNOSIAQq 3LMQ ~'ON , I 1 1 _ _ ~wW 1 ~ ` ,'t ° } 1. ++ , _y } ',~. y s-., t ~~'.4 Jr~r-l, q~ .•;+ - -~ i 'y t 1' 4 , I ,1'4 ` ' '' r 't I',1 1 _ \ \ . , , ~, 1 ~ ~~ _ xx x` ~ y I ~' ~ \ ~ ~ i 11 1y, M1 } 1 4t'f t 5 4 ' l ~ ~.+ \ , ' '+ 4} } 1y' > I i xx ` 1 4i l t ,,~. 1 }It f • y y~ Y .~ t4' l ~ ti }S `• 1 5 s `, `\ ~ ` }"~ 1, ~ ` ~ •54 I 1 ., ~ x ~ ~ ~+ \ W y' °5 '.t ,,, l I,~1 ', r ~ .,4 t 41',1 , ~; 1 w ~ --~ 1 ''. ,''4 ' M1 r,, M1 t ~ S~y ~ ', 4'I YI I y '1 yyr '~ 't` I i 4i t , (ry 1 ,~ I ~}' ~1> ~ 1 '.~1 1 ~ 1 :'15 `. , ?4 , I ° y1• I I' 1, ° -+~ t1 PJ ~~ ~)' v \'+41 . 'l 'L.. 1 y. }' Y 1t 1 1 y.~+',1}Y'I,rlflilli~l 1 ~'.4 ~ +,t I r~'~'4 ~~-. t , I 6 '~. ~ x}41 1-~ °~ , t'S ° 4-,_~, II. I',~1' ilf ~; I ~~„`,',+~ t° '•.l ~ i il',' 1 ~. t ,' } ~. I I .'I I I ~' I 4 ' 1 1 I 1} 1 -~~ ~xx.~'. w ~ ~ 'S~ ~t } °,~I I it 1 ~l , 1 i`}- I E .,, ! r 4L ° ,4 ' , '4 f f`i f y 1 r~°„~y° ! r4i t di 'I I -~ '~: ~ 4 `4~xx l _ ~6i , 1 ~,4 ~ ~ ° +1 ,:' ~+t tl , ,I ? j 4. t~ t, ~1. I 1 ``~ 1+.-.` ~ +~ s' ~ ~ ~ 1 a 11 ~ ..~11 -. ~, 1 , ~'~ ~ t1 -M1i '1t S 4 11 f. {'t y - 1 - i' ~ ; ; St ~, Y1~ 4 ~•'l / { - '~~. a x~ 1 IE.I,1 y+~P, 1 ~~~ I }I°4f ~ J 4,r1t q1,~~' ,I + y y +...-~i~~ ~ I 1 ,.1.~. 1 ,q ,' ,1,'• 1 ~ 't l'~. ,I I~ I ~ ~ 1 ~~.M1 1 ~,'~1,',: I InI ,1 M,'~11 4,t'~ 4 l tM1 \ i'' ,, i I n l 1 ~ i' ~~ it ri ~Il ~ 1 I, I V ,rte 11 u ~ '1°}: t `, ~.. Lt ~) -~ ~~r t ,4t ly \' _,, I '1 ^•, ~f y I ' II ~ I { i,:.l,~~l {I ~ wt , 4 Ill ~,1 .~ 1 ~fl~l II ~ ' ~ 4, i.~. r ° IIII•I 11 I. ~. 1 .'~4 ..1 I I t - ~~ j ` r I. I ° '~ t+ , fl ° ~ t I ~~ ff f 1 ` ` 1 tx ~~•. ~ '21M1 1t \ ,~i ~1 '111 } I' i. h f IflJ+llf ° 11 I t~ -.4 ~ ~\` yx .~~ I ~ ~ ~~t',. N I ~t ' 1' r. III Ir I~ llfplull III I, t t x` v x~ll t ~ Y \~ ,. ;:,~r+ 1 .~/ 'IIl'jl I I:~I ~ ~ f~!II!r~ Ilil j - ~ ~. l , 44.1'f i ~ I 1 ~.~t~°y ~ Ai t4 I_' V~;, !; I I V ° '~ i~f~ill' Ilillli~li{IIII ! 1 1 \-' }. I ! i 1~ yid, I; ~, !, p'I ~ I I I I I' I f ! lil. II `.~~ ' r. , ~ ~I 1 .ll 1 ~~ L /I I f I I ~ ~ ~ ~ I~I!I!I Dili III 4 t I < <\ ~~ t y f ~JrI k I rl. illl f~ I r y I ~' .~' 11 1 1 f"IEIf~ ~ ~M1t 1 -~'4~ t I:If,if a ~ r.L ~ 1 I.: y i ~ Ef-1~ I I °,~~'~ii [ rf _ !! 'I~.il~ I ~ 4 ~1 \ + ~;;. ,? 1 I:;~E~ ~.. ! { ,!li s-.1161 1 y ~1. ~ '~lYS 11 tl ~ 1 ~~,I`4 it ~.s ~ , ,y 11 tI' l T. r I i i,l ,C 1', S , w 1, :~fl 111 j )_~I 1 1~ { ~. 444 Y 1 ,. ~ l1 ,1 v , I~ [[ : ~ I i I I' ~f !I ~ f a 1 ~' I' ~ G ! f I; I r+1 iri. + .~1 t Q ~ r ~~~~ ' t~~,'. r ~1' II II i I!~~, 0 II ' , ~ I i I' 1 I '`. ` , ~• 7 r ~ 4'111 -_. 4 ~,. ~ ~ ~~ ,,1 ~ I y,• y,,,. ~.~„ 1 d _V ttx, ,.. l t }I I III' ~ N ! I ~ l . 11' I I 1 I11 ~ +: ~ ~ G Ir h1 w ~~ p~,.,. s + xx I {,11 1., w 11 °- t 1 r 1) :+ r\ ',t' It ~ ~ i + ~.1 .. ~w -~_~ e4 ',~, 11 14 ' fr, °w ~ -1~ ~ 6 t ~ ~y '1 ~ r, ~ I! I' ~ 4~ 4 I'. r r; I ~ rl'' 1 y - ~M1 M1 r-` ~ 1t. x`+}- +t ~ ~ , :' 4i ~l ~~ y 1 I ~ ~ /r i 1 ,~ I ~' i I Z M1t } s ` , ` e \x' 1 , ° '1 - ` \'` + }y. ~ J fie' i t, -tit t 'y + \ - Y M1 5, M1 t , 1 1 ~ I n,.. ~. ~x , / •, ~~ ~ 1 r . ~' rl ~ 'n 1 ~.:1 xM1 s ~ ~yY V ', rV ~ I T )1V, ~~ ~: W J ~~ ,II l11 I {~ ~ t ~ y '' 1 4y ° ' ~4t x~. A A 1 xyr ' ° e '1 ~ ~ ~~ ~. f Icy, ~r, , 1 ` l ~ s \ \ e'' ` "" `4 i \ ' i \ r f i! V, x L. I F } , -. '' ~ ~ , ~ y 1, ~ ~. \ \ \ y x.; I,R .I \ t \ I M1 ¢ 1 4 1 [-' ~ \ 1414 ~ `` 4 \ \ , ' ~ ti t \ A \ . 1 1 ~ V ~' jl. t~ 415 .1` ~ ,\ 4^'s- \ ~ t\ ', • ~`~\yx~M1t t "~~ J ^ .C ~ ~ 1l~ l ~ 1 ,-Xl ? i' 4t It 1 \ ~ \ w. x ~ \ ~ \ ~, : _ 1+ }r k 't. Ir J : ~ y ~ " W 1 \ M1 '~• \ A a'i'l' 1 I- f ~ x ~~\ ~ ~ 4 W } ~` 4 1 - Attachment: G ORb{NANCE NO. 23 SERIES OF 499$ AN ORDINANCE AMENDING ORDINANCE NO. 8, SERIES OF 1995, REVISING GROSS RESIDENTIAL FLOOR AREA (GRFA~, BUILDING i-IEIGHT FZEC3UlREMENTS, AND EMPLOYEE HOUSING PROVISIONS FOR LOTS 39-1 AND 39-2, GLEN LYON SUBDIVISION, DEVELOPMENT AREA C, SDD NO. 4 {CASCADE VILLAGE); REPEALING 'RESOLUTION NO. 1a, SERIES OF 1982,. WHICH PROVIDES SPECIAL PROVISIONS FOR LOTS 39-1 AND 39-2, GLEN LYON SUBDIVISION; DELETING OUTDATED CONDITIONS AND REFERENCES TO EXPIRED DEVELOPMENT PLANS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Hagopian and Pennington, LLC, has requested an amendment to the existing Special i3evetopment District No. 4, Development Area C, Lats 39-1 and 39-2, Glen Lyon Subdivision; and 1NHEREAS, 4he Planning and Environmental Commission has unanimously recommended approval of the proposed building height, ~GRFA, and Employee Housing Unit restrictions for Lots 39-1 and 39-2; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Tpwn and its citizens, inhabitants, and visitors to amend Ordinance No. 8, Series of 1995 and repeal Resolution No, 10, Series of 1982 to provide for such changes in ., Specia! Development District Na. 4, Cascade Village. NOW, THEREFORE, t3E 17 ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Ordinance No. 8, Series of 1995, is hereby amended as follows: Section 1. Resolution Na. 70, Series of 1962, is hereby repealed. Section 2. Amendment Procedures Fulfi{led, Planning Commission Report The approuaC procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled, . and the Tawn CQUncil has received the recommendations of the Planning and Environments{ Commission for an amendment to the development plan far Special Development District No. 4. • 1 Otdfnance 23. Series of 1598 ' section 3. Special Development District No. 4 Special Development District tJo. 4 and the development plans Therefore, are hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have expired. Section 4, Special Development [3istrict No. d, Cascade Village shall read as follows. Purpose Special ievelopment District Na. 4 is established #o ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the " - Town, provide adequate open space and recreational amenities, and promote the objectiues of the Town of Vail Comprehensive Pian. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and because there are significant aspects af.the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Definitiorrs For the purposes of this chapter, the fbtlawing definitions shall apply: A. "Special attraction"" shall be defined as a museum, seminar or research center ar performing arcs theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit'" shall be defined as a dwelling unit located in a multifamily dwelling that is managed as a short term rental in which alt such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A shorT term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed B45 square feet of t;RFA which shalt include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the uni# • in a closet. A transient dwelling unit shall be acer~ssible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set fprth in Section ~3-7 Condominiums and Condominium Conversions, Subdivision Regulations, The unit shall not be used as a permanent residence. Fractional Ordananc~ 23, Series di 199$ 2 fee ownership shall not be allowed to be applied to transient dwelling units. Far the purposes of determining allow8ble tlensity per sere, transient. residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit ptus C1.1 space per each 100 square feet of GI~FA with a maximum of 1.0 space per unit. Established A. $peciat Development Qistrict No. 4 is established for the development on a parcel of land comprising 97.955 acres as more partics~larty described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be re#erred to as "SDD No. 4.@ B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As fJevelopment Area Acreage Cascade Village p, 17~g55 Coldstream Candominiurns B 4.000 Glen Lyon PrimarylSecondary and Single Family Lots G 9.100 Glen Lyon Commercial Site D 1.$00 Medicated Qpen Space 4fl.40fJ Roads 4.700 T©TA 1. 37.955 Development Plan--Required--Alaproval Procedxrre each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Counoil. The 1Naterford and Cornerstone sites shall be atlowed one deuelopment plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Tawn Council. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDI No. 4 shall comply Section 72-9A of the Municipal Code. Permitted Uses A. Area A. Cascade `tillage 7. First (kOOr commercial uses shall be limited to uses fisted in Seetian 12-78-3, (Commercial Care 1), of the Municipal Cade. The "'first floor" or "street level" shall be defined as that floor of the building that is located at grade ar street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, and office except that na professional or business office shall be located on street level or flrsi floor {as defined above) unless it is clearly accessory to a lodge or educational institution except for an afflce space having a maximum square footage of 925 square feet located an the first float an the northwest corner of the Plaza Conference Center 'building; 3. Lodge; 4. Multi-family dwelling; S,I Single Family dwelling; 6. PrimarylSecondarydwclling; 7. Transient residential dwelling unit; $_ Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool ar gymnasium. 8. Area B, Coldstream Candaminicrms 1. Two-family dwelling; . 2. Multi-family dwelling. C. Area C, Glen Lyon Primaryl5econdary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type 81 Employee Housing Unit {ENU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Cade. • Ortlinance 23, Series of 109& 4 Conditlona! Uses cedures as outlined in Ghapter 12-15 of the th i d ll b h i e pro ewe per e rev a onal uses s Condit Town of Vain Zoning Regulations. A. Area A, Gascade Village ~ 1. Cascade Club addition of a wellness center not to exceed 4,5f]Q square feet. iii f 2. Fractional #ee ownership as de#ined in the Tawn of Vail Municipal Cade, Section 72-2 shall be a conditional use far dwelling units in the Vtlesthaven • mzalti-family dwellings. Fractional fee ownership shall not be applied to restricted I employee dwelling units or transient residential dwelling units. Ownership intervals shall not 6e less 4han five weeks. 3. Special attraction; 4. Ski lifts; 5. Public park and recreatianai facilities; 6.~ Major arcades with no frontage on any public way, street, walkway or mall area. B. Area B, Coldstream Condominiums 1: Public park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primaryl8econdary and Single-Family l..ots 1. Public park and recreaiional facilities; 2, Ski lifts; Q. Area D, Glen i<yon Commercial Site 1, Micro-brewery as deFned in Town of Vail Municipal code, Chapter 12-2. Accessory Uses A. Area A. Gascade Village 1. Minor arcade. 2. Horne occupations, subject to issuance of a home occupation permit in accordance with the proWISIOns of Title 12, Zoning Regulations, Town of Vait Municipal Code. • ~ ordinance 23, Series of 1998 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4, rather uses customarily incidental and aeeessnry to permitted or conditional uses, and necessary for the operation thereof. 6. Area B, Coldstream Condominiums 1. Home accupations, subject to issuance of a Name occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vaif tvtunicipal Ct~de. 2. Attached garages or carports, private greenhouses, swimming pools, tennia eourts, patios, or other recreational facilities customarily incidental to permitted residential uses. tither uses customarily incidental and accessory to permitted or c©nditional uses, and necessary for the operation thereof, C. Area C, Glen Lyon PrimaryfSecondary and Single-f=amity Lots i. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Munici al Code . p . . 2. Attached garages or carports, private greenhouses, swimming pools, tennis eourts, patios, or other recreational facilities customarily incidental Eo permitted residential uses.. 3. C?ther uses Customar':ly incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home accupations, subject to issuance of a Name occupation permit in accordance with the previsions of T'rtfe 12, Zoning Regulations, Town of Vaif Municipal Gode, - 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patina, or other recreational facilities customarily incidental to permitted residential uses. r ~ Ordinance 23 i S f ~ , er es o S39Q t __ 3. (]ther uses customarily inudenfa! and accessory to permitted ar conditional uses, and necessary for the operation fhereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall tae operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and thc~ outdoor display I of goads. B. 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 awn propes#y. 1 . ': Sidewalks, building entrances and exits, driveways and streets shall no; be obstructed by I outdoor display- Density Dwelling Unifs The number of dwelling units shall not exceed the following= i A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient ~ dwelling units and a maximum of ninety-#our dwelling units as defined by the tables in Section 18.46.'J03 for a total density of two hundred seuenty (27[}J dwelling units. B. Area 8, Coldstream Condominiums Sixty-true (65} dwelling units C. Area C, Glen Lyon PrimaryfSecondary and Single-Family tots I t7ne-hundred four ('104} dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined Chapter 12-13, of the Municipal Code . Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRI=A} for all buildings shall not exceed 289,;45 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.} GRFA. .. i 7 Ordinance 23, Series of 5998 C. Area C, Glen Lyon PrimarylSecondaryarid Single-Family Lots GRFA sha11 be calculated for each lot per Section 12-6D-8 (density Control} for the Primaryl5econdary district of the Town of Vail municipa] code. D. Area D, Glen Lyan Commercial Site The development plan for this area has expired See Ordinan- N _ ~ ~e o. 8, Serves of ~. 1998 for previous requirements - Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. ,.. • B. Area p, Glen Lyon Commercial Site The development plan far this area has expired. See Ordinance No. 8, Series of 1938 for precious requirements. bevelapmerrt Statistics for Area A Cascad Vill . e age, and Area D, Glen Lyan Commercial Sife CHART 1: Area A CorripEeted Projects RelaiU square on•Si@e Cascade Structure I t _ _ Aus DUS GRFA Commercial Fpal Parkin 9 Parking I tdILLNACE I ~ ~ w ~: ~`+ `'~ 18 o ~~~ ~ ~ ~-" "~ I . -L ~ ~ ~ll@ MILLRACE IS ~~ ,l ~sr . ,,. ~ $ f ,_ i 4 <: +7 53u1 > ~ ~ mac; S ~ ~. , .~ ~.: ~ --~ DDD ~ <f` ifEY} ~G ~~L~~AC£ IIII Y~ ~ ~ ~ ~'F.' 'a6Ya; ,E T~ 6 450 / S ~~~ ~ I J\"V':~?~@ L 7 £ 1~}d4 ~ ~fvvw. ~. ~-000tr MILLRACE IV 6 +0 45D ~ , I +s o ao ~ 1~9~SCrzIFF '''• .. '~ ~3~- ~k:c~**a" ~?£ cat ~.> .~. t~~ _. ~f x _ :~~~ " ~. ~„~a >~~* @y '&.:> ~ q~ . .. I 149 _ _ 55,457 D.oo +1s Altcedo-s I I -- ~ -. - ~ i04 SeBU • Gate I I - - . - - ~ I 74 Sea@s . _ - Lilt@ e S@eo P ~ -. ` ` I _ _ a,zSD I • : PeAi Sports I I 2491 I W E H Smrth Vaurnot ~ I @DO - I - ' ~ ~ _: .. - ~~> t yam. - ~~ '~` :;: ~k ~~ t ,5k .t } ~ it 4. ~ ....,, {'mss ~ ¢ r'1vN~ * } ~S. `~,'S '~`Y ~ ~ ~ ' ~ CMC RUILUING . # » ~ ... 3, .. I Cascatle 4Vmg 6 15 870 ! Clanev-s - - . D.DD i6 ' I I Theat _ 1.800 D.DO +3.3 i er a.220 29 _ Cnlleoe Classrpoms I I CoIN oe Offic O.L70 40 • ~ ~ ~ _ e ~ I TheaterMleeling Room 2J I D.DD ) 4 - 1 387 I oDO I ++s r & Ordinance 23, Series of 1996 7ERRAtE V.7NG .~,f ~,~ - I Rooms ail 720 ~ 58 Dfi9 ~ 15 D 5. ~, ~ 856 G UD ~ 24 ' I PLAZJI4 ~~ . ~~. ..... ~ Rocsrns ~ 26 I 7 205 I ~ I O CD I Retail ` C d _- ~ ' ~~ ~ ~ 3 ~ I ~ . I D 79 1 a , . . ,. . 4 >. f fi ~4 >' .. i>~ ~ YlT~'#f ~ V .? PL42.A II ~. Conference ~ DOD 35 I Reda 1 f CASCn17E CLUB I 925 I ~ G DO 3 I Retail a Bar 8 Restaurant I I I p _ r I 3D0 I 252 O DO 10.G0 1 f - 3.5 J OIRCe in LML II p ' f 82@ I 0.00 ~ 3 I Wellness Center I { 1 3ss I { , O,DO 7 ORice in CIUb ~ I 42D ~ O.DD 5.4 ,: ~: ~ s .. :` -~ ~i .%~'~ `~~ : EKG. ~ ~ ...f - LIF751!)E (WATERFpRO) I Unns 1 r 27 ~ j _ S6 I Employee Unns I ? p + 7.100 _ 2 I[[pp((,,.. Tf}TALS ~ 27 ~ ~ f7 500 ~ ' S9 F~~~..uA~ .:.. '~ .~ a3° viAl y f. ~~~ ~ `s~~. .ice M yd+~ h ~ ~G,'G y ~, . CasSade Club Addrlion I I I f Wellness Cenlnr , ~t:z:€:: ~~::~.: _~,x:~ I ,-air: - M,~.,~o-a~„ - _....~-.. ..~....~,.-_ ~ 4.SDD _ . - - -'. 22.5 TOTALS 2@B AU 7s OU 239,99D 24,599 729 44..9 (includes 2 ENUS) "'P:axa space nas already been counted for a retail par0.ing requkemenl. The new parking requrremenl is based un the dVllerence between She retail anb bYCe parking requirements. '"'For the pure©ses of calculating GRFA far the Cdsgriff parcel (Millrace IV), no cretlils shall be given except far 300 s:f. to be allowed fer each enGosed parking space. ' Ordinance 23, Series Df 1998 9 CHART ~: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 Parking Spaces - 449.9 in Cascade Parking Structure Less 17,5°!° Mixed-tJse Credit -78.7 Total Required Parking at Build-C7ut of Area A in Cascade Structure 371.2 I u e I 421.Q Existing Parking in Cascade 5tr cfuc Required Parking in Cascade Structure at Build-C7ut of Area A ° With 17.5% mixed-use credit 371.2 Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The foitowing documents comprise the development plan far the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace 1V, and Area D-Glen Lyon Commercial Site and is not old inclusive: ' 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Pion, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, SitelGrading Plan Gwathmey, Pratt, Schultz. 3. Waterford, ShseS #2.1, dated 11-13-92, Plan Level 38143' 3", Gwaihrrmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-£"153:-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet#2.3, dated 11-13-92 Plan Level 59'-fl:/64'-3" by Gwathmey, Pratt, Schuitz, 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"l74'-9", Gwathmey, Pratt, Schultz. 7. Wateri©rd, Sheet #2.5, dated 11-13-92, Plan Level 80`-D"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 9D"-6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11-13-92, Pian Level 147'-0" Gwathmey, Pratt, Schultz. ^rdirance 23, Ser6es of 1998 10 10. Waterford, Sheet #2.8, dated 11-13-82, Plan Level 111'-fi" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0"' Gwwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.1fl, dated 12-14-92, Roof Plan ,411 Levels Gwatihmey, Pratt, Schuttz. 13. Waterford, Sheet 113.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11-13-92, >=lava€ions, Gwathmey, Pratt, Schuttz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schuttz. 17. Waterford, Sheet #4,3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-52, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 1Q-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20~ Waterford, Sheet #9,3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schuttz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23. ~ Cascade Club Addition Site Pian, Roma, 10110!$8. 24. Cascade Club Flaar Pian, Roma, 10110188. 25. Miltrace lit, Sheet #1, dated 516!93, Sike Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4113193, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace ilt, Sheet #3, dated 516153, Elevations for Single Family Residence, Steven James l~iden. 28. Millrace IPI, Sheets #4 and #5, dated 3/2Q/83, Floor Plans fair Duplex Building, Steven James Riden. 29. Millrace 111, Sheets #6 and #7, dated 516193, Elevations for Duptex Building, Steven James Riden. 30. Millrace I11, Shee# L1, dated 5!6!93, SitelLandscape PPan, Steven James Riden. 31. Millrace 1V, Scenario 1, a/kla Cosgriff Parcel, Site Pian, Arnold Gwathmey Pratt, 1012$!91. 32. Millrace f1l, Scenario I, a1k1a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22191. 33. Millrace tV, Scenario f, alk/a CQSgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10123!91. 34. Millrace 1V, Scenario t, a/kla Gosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10131191 stamped. 36. Survey, a part of Cascade Vi]lage, Eagle Valley Engineering, Leland Lechner, E18187, 37, Site Coverage Analysis, Eagle Valtey Engineering, 14110188. r r •i, ~~ 11 Ordinance 23, Series of 1998 a 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, lne., revised 1'1122188. ` A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Ack. The staff shall review all such additions to ensure that they are required by such codes. Area C, Glen Lynn PrimarylSecondary and Single Family Lots 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by besign Workshop, Inc., dated 13-9-98. Area f7, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. ti, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD tJo. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks • r~ A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structureJathleticdub building shall be two feet as approved on February S, 3982, by the Planning and Environmental Commission. All buildings shalt maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Cpldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon PrimarylSeeondary and Single-Family Lots Required setbacks shall be governed by Section i2-6D-7 of the PrimarylSecondary zone district of the Town of Vail Municipal Code. For single-family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: Alf future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At~grade patios (those within 5' of existing or finished grade} will be permitted to project beyond the building envelopes nok more khan drdina nce 23, Serics of 1998 1 2 ten feet (10'} nor more Than one-half (2) the distance between the building envelope and the property line, or may project not more than five feet t5') nor more than ane-fourth (3) the minimum required dimension between buildings. ©. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans, Height A, For the purposes of SDD N©. 4 calculations of heigh[, height s#aall mean the d'rsiance measured vertically from the existing grade or finished grade (whichever is more restrietiue), at any given point to the tap of a flat roof, ar mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development ptan drawings. B. Area A, Cascade Village "!, The maximum height for the Westin Hote€. CMC t_earning Center, Terrace Wind„ Plaza Conference Building and Cascade Parking Structure/Athletic Club is 77 feet, 2. Cornerstone Building: Maximum height of 71 feet. 3, Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof atQng the north elevation shall be 55' (South - Frontage Road}, 56' along the west elevation Westhaven Drive, and G5 feet along ftsc south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace lll: A maximum of 36 feet. 6. Millrace IV: A maximum of 3G feet. 7, Cascade Glub Addition: A maximum of 2G feet. 8. Cascade 1=ntry Tower: A maximum of 36 feel. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single-Family Lots The maximum height shal€ be 33 feet for a sloping roof and 3G feet for a flat or mansard roof. • E. Area D. Glen Lyon Commercial Site - 51 °!° of the roof shall have a height between 32 and 4t) feet. 49°!e of the roof area shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interigr area of any building, height is measured from existing grade up to the highest pcint of the roof. Development plan drawings shall constitute the height allowances for Area D. ... r 13 Ordinance 23, Series o} 199Q Site Coverage Areas A ~ B: No mare than 35°f° of the total si8t; area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or edutatianal center, 45°!° of the area may be covered unless otherwise indicated an the site specific development plans. Area C: No more than 25°!° of the total site area shall be covered by buitdings, unless the more restrictive standards of Chapter 12-2-i of the Vail Municipal Code apply. Area ~: No more than 37°t° of the #otal site area shall be covered by buildings end the parking structure. Landscaping At least the fallowing percenkages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and H, fifty percent, and in Areas C aced £?, sixty percent (60°f°}, of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Uff-street parking shall be provided in accordance with Chapter 1Z-'d 4, except that 75% of the required parking in Area A shad be located within a parking structure or buildings with the exception of Millrace N, Scenario I, where 6fi.6% of required parking shall be enclosed in a building. - 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credik per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade strucfure_ 3. There shall be a Iota! of 58 on-site parking spaces an the Waterford building site with a minimum of 75°!° of the required space located below grade. lVo mixed use credit shall be applied to this site. 4. There shall be a minimum of 98 enclosed parking spaces located within the Cornerstone building with 37 cif the required spaces available to the pub{8c far short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall na! be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required perking for the Cascade Club Wellness Canter Additic,n Scenario 1 shall be provided in the Cascade parking structure. r i4 Clydinaace 23, Series of 7914 7. Seventy-five percent of the required parking shall be located within the main budding or buildings and hidden from public view from adjoining properties within a landscaped berm for Westhaven Condominiums, and Millrace III. $. AI( loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking Shall be located within the main building or buildings and hidden from public view from adjoining properties within a i landscaped berm. Area G, Glen Lyon PrimarylSecandary and Single-Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. d. Rrea D, Glen Lyon Commercial Site 7. Once the parking structure (s constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August it), 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 1~6, 1990, both written by Mr. David Leahy. I . 8.` No loading or delivery of goods she€l be allowed on the putalic right-of-way along the South Frontage Road adjacent to the Rrea D development. 9. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that steal! be allowed fo the site shall be vans hawing a maximum length of 22 feet. Recreation Amenities Tax Assessed The rracreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall he assessed at a race not ko exceed twenty-five cents per square fool of the floor area in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA in iJevelopment Rrea B; and of a rate not to exceed fifteen cents per square foot of G9~FR in C)evelopment Area C; and at a rate not to exceed seventy-five cents pet square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Paliutian Controls A. The developer's drainage plan shall include a provision for prevention of poltutbn from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the Time of construction. G, The number of fireplaces permitted shall be as set forth in the Town of Vail Municipal as amended, D. (f fireplaces are provided within the development, they must be heat efficient througts the use of glass enclosures and heat circulating devices as technology exists at the time of development. ` 15 .- Ortlirsante 23, series of 1398 E. Atl vaster features within Development Area A shall have overflow storm drains per the recommendation of the i=nviranmental impact Report by Jamar Associates on Page 34. P. All parking structures sha1P have paElution central devices to prevent oil and dirt from draining rota Gore Creek. . G. In Area D, a manhole on the brewery service Vine shad be provided sa that the Upper eagle Valley Consolidated Sanitation District may monitor BOD strength.. H. In Area D, the brewery management. shall nat. operate the brewery process :. during temperature inversions. It shad be the brewery owner's responsibility fv monitor inversions. I. All trash Compaei®rs and trash storage areas shall be completely enclosed within Special Development District 4. ' J. Protective measures shall be used during constructifln to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D, K. The two employee dwelling units in Area D shall only be allowed to have gas • fireplaces that meet fhe Town of Vail ordinances governing fireplaces. - Additions! Amenities and Appravad Agreements for Special Devetcspmerrt District lVo. ~!. ' A. The developer shall provide or work with the Town to provide adequate prsvate transportation sen+ices to tYse vwhers and guests so as to transport them from the development tv the Village Core area and Lionshead area as outlined in the approved development plan. 8. Area A, Cascade Village 1. The developer shall Construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westi~aven building to aonraect with the recreational path to Donovan Park. The ' walk shall be constructed when a building permit is requested for Westhaven Condominiums. The sidewalk shall be part of ttae building permit plans. The • sidewalk shall be constructed subsequent to fhe issuance of a building permit - ~ - and prior to the issuance of a temporary certificate of occupancy for Westhaven Condominiums. 2. The developer shall provide 100-year flaadplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Qepartment before building permits are released far either project. 3. Gomerstone The development plan for this area l~tas expired.. See Ordinance No. 8, Series of 1598 far previous requirements. R. The Ruins !Westhaven Condominiums The development plan far this area has expired. See Ordinance No. 8, Series of - 1998 for previous requirements. '16 ardinanae 23, Series of 199H t ; • I 1 ., .. • C. Area D, Glen Lyon Commercial Site. 41 The development plan for this area has expired. See C3rdinanCe No. $, Series of ~ i 1998 for preuious requirements.. Employee Housing The development of SDD No. A will have impacts on available employee housing within fhe Upper Eagle Valley area. in order to help meet this additional employee housing .. .~ - need, the developers} of Areas A and' D shall provide employee housing on site. The developer(s) of Area A shall build a minimum of 17 employee dwelling units within Area A Westhaven Condominium building (Ruins}, 3 within the Cornerstone Building and ? ' within the Liftside (Waterf~rrd Building). Each employee dwelling unit in the Westhaven Condominium Building (Ruins) shall be deed restricted as a Type Ill. EHU. Each employee unit in the Cornerstone Building shall have a minimum square footage of 640 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 340 square feet and the other a minimum of 804 square feet. The developer of Area D shall build Z employee dwelling units in the Area D east ' building per the approved plan for the East Building. !n Area D one employee dwelling • unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 944 square feet. The GRFA and number of ' ~ employee units shall not be Counted toward allowable density or GRFA for SDD No. 4. Atl Employee 1-lousing Uniis shalt be deed restricted per Chapter 12.13, as amended, of the Vait Municipal Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type It, Employee Housing Unit (E}~U} per Chapter 12-13 of the Zoning Regulations of at least 544 sq. ft'. each, on each lot. These lots shall not be entitled to the 544 sq. ft. of additional GRFA. The 544 sq. ft, shall be included in the allowable GRFA on these lots. Eaeh !of shall also be entitled to 344 sq. ft. of garage area credit for the employee housing unit, in addition to the 604 sq. ff, garage area credit allowed per residence. The driveway width of 12 ft is allowed to remain (no increase in driveway width is required} for all allowedlrequired dwelling units and employee housing on these fats. . Tirrte Requiremenfs SDD No, 4 steal[ be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code. Section 5. if any part, section, subsection, sentence, clause or phrase of this ordinance is far any reason held to be invalid, such decision steal! not affect the validity of the remaining portions of this ordinance; and the. Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that r - • 17 Ordinance 23, SBries of 199& any one or mare parts, sections, subsections, sententes, clauses or phrases be declared invalid. Section 6. The repeal ar the repeal and re-enactment of any provisions of the Vaif Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as cornrnenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed yr superseded unfe5s expressly stated herein. Section 7. All bylaws, orders, resolutions and ord"mantes, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed tv revise any bylaw, order, resolution ar ordinance, or part thereof, heretofore repealed. INTtZODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE 7N FULL ON FIRST READfNG this 'tbth day of December, 1998, and a public hearing for second reading of this Ordinance set for the 5th day of January, 1999, in the Council Chambers of the Vail Municipal Building, Vail, Color a. ~~ ~ ~'\` ~: '; = Robert ~. Font, Mayor ATTEST: j,} ~= reigl Donaldson, Tawn Clerk READ AND APPROVED ON SEGOND READING AND ORDERED PUBLISHED 1N Ft1LL this 5th day of January, 1999. ~~ ~ ~ _ ... d ~ . /f~~ - ~ :°~~ Robert E. Ford, Mayor ... ATTEST: ~`<:,~-.-_~ L~afelei~danaldsan, Town Glerk '~ . • Ortiinarce 23. S=_ries of 149A 18 r - 'e . EXHi13IT "A" KQEIrBEL PROPEIt.T'>! DEVELQPMEI~'T AREA A Vail-Rose 12.370 acres A part of the SVI~ ] l4 NE 114 of Section 12, Township 5 South, Range 81 West of the bth P.M., desctibed as follows: Beginning at a point an the West line of said 5W 1/4 NE i/4 from which the Narth one- - quarter crn•ner of said Section bcat.s North 0° 1 S' East 2269.48 feet; thence North 0° 15' East, along said Wcst Line, 152.3fa ft:et to a point on the Sautheasterly right of way line of 31. 5. Highway No. b; thence, along said Southeasterly right of way line, as follows: Narth 52°27' East, 102.31 feet; North 49°20' East, 519.57 fret; and North 48° ] 3' )vast, 549.09 feet, more ar less, to a point on the. North line of said SW 1!4 NE 114; thence Narth 88°33' East, along the North line afsaid SW 114 NE, 36$ feet, more ar less, to a point on the centerline of Gore Crock; thence, along the ccnterlinc of Gore Creek, as follows: - South 36°49' Ll'est, 101..04 feet; Saulh 18°21' West, 54.013 feet; ' South f °24' West, 205.02 feel; South 12°]fl' West, 110.25 feet; and South 2E°41' West, 242.35 feet, thence South 75°15' West, 1464.14 feet to the point of beginning. Rose Parcel 3.190 acres A n-aa of land situated in the SW 1/4NE114 of Section 12, TP 5 S., R. 81 W., of the 6th P.?,4., lying, Southerly of that certain tract of land described in Book ]99, Page 197, Nottherly and Westerly of the center line of Gore Creel`, and lying Northerly and Easterly of those certain tracts described in Book 2l ] at Page 106, Book 21 ] at Page 108 and Book 215 at Page 365., described as follows; Beginning at a paint on the North-South center line of said Section 12 whence the North tluat7er corner of said Section 12 bears N. 00° 15' E. 2269.45 feet; thence N. 75° 15' E, 346.26 feet to the hvc point of beginning, said point being an the South lint afthat tract described in Boak 199, Pafc 197 and which bears S. fl8°26" >'~. 2245,34 feet from the Noah quarter earner of said Section 12; thence i\'. 75 ° 15' E, 717.Ii4 Ecet along the Southerly line of that tract dcsci~bed in Book 199, Page 197 to the center of Crarc Crock; thence S. 28°41' W. 130.E 1 feet along the center line of said Creek; thence 5. OS°24'30" E. 144.50 feet along the center line of said Crock; thence S. 49°29' 1V. 95.54 feat along the ccntcr line of said Crack; thence S. 22 °34' V4'. 124,47 feet along the ccntcr line of said Crock; thence S. 54°00' 1~1. ] 19,34 feet along the center line of said Crock; to tl7e Southeast corner of that cctrtain tract of land described in hook 211; Pace 148; thence N, 33 ° 16'30" W. 644. ] 2 feet alon6 the Easterl}~ line of that tt•act described in Book 21 1 at Pagc 108; thence N. 57°42'34" W. 169.88 feet along the Notthcasterly line of that t<•act described in Book 2 ] l at Pae 108; thence N. 86°02'30" W. 162.92 feet along the Northerly line of those tt•acts desctibcd in 13aok 211 at Page iq8, Book 231 at Page 106 to a point; thence N. 32°57'34" W. 76.0$ feet along the Noi~heasterly line of that tract described in Book 21 S at Page 365, to the point of beginning. ', • • F:kve ryn ne'd °mlL. °e I bel.leg Attachmer:t: D ORDINANCE NO. 17 Series of 200A AN ORDINANCE AMENDING ORDINANCE NO. 28, SERIES OF 1998, SPECIAL DEVELOPMENT DISTRICT NO. 4, CASCADE VILLAGE, TO ALLOW FOR A NEW DEVELOPMENT AREA LOCATED AT TRACT K, GLEN LYON SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments to existing special development districts; and WHEREAS, Vail Resorts has submitted an application for a major amendment to Special Development District No. 4; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this major amendment at its ,meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Tawn Council considers it in the interest of the public health, safety, and welfare #a amend the official Town of Vail Official Zoning Map. NCW, THEREF©RE, BE IT ORDAINED BY THE TOWN CaUNC1L OF THE TOWN OF VAIL, COL©RADO, THAT: Section 1. Ordinance No. 28, Series of 1998, is hereby amended as fallovus: (deletions are shown in c+rel.a +hr.,, irtti~additions are shown in hold italics) Established A. Special Development District No. 4 is established for the development an a parcel of land comprising 97.955 acres as mare particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. ~4. B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Dewelopment Area Acreage Cascade Village A 17'.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lats C 9.100 Glen Lyon Commercial Site D 1.800 Tract K E T.520 Dedicated Open Space 32.880 Roads 4.700 TOTAL g7.gbb Section 2. Ordinance No. 28, Seriies of 1998, is hereby amended as follows: (deletions are shown in strip threaghJadditians are shown in bald italics) DeveiQprraent Plan -Required -Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have fi+uo development plans for the Cascade Club site as approved by the Town Council. .The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area ^ shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be es#ablished through the review and approval of a design review applr`catian and/ar conditional use perrnlt application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SD^ Na. 4 shall comply Section 12-9A of the Municipal Code. Section 3. Ordinance No. 28, Series of 1998, is hereby amended as follows: (deletions are shown in C+~~hrc-:g#ladditions are shown in bold italics) Perrrliifed Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12- 713-3, (Cammercial Core 1), of the Municipal Code. The "first floor" or 2 "street level"" shall be def ned as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, and office except that no professional or business offce shall be located on street level or first floor {as defined above} unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 9~b square feet located on the frst floor on the northwest corner of the Plaza Conference Center building;. 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. PrimarylSecondary dwelling; 7. Transient residen#ial dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the MunicipaC Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1.Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type 11 Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; f 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. E. Area E, Tracf K 3 1. Nature Presences 2. Passive autdaarrecreatian areas and open spaces Sec#ian 4. Ordinance Na. 28, Series of 1998, is hereby amended as foiiaws: (deletions are shown in ~+~~~-~ +~~^~ ~~~'additions are shown in bold italics) Canditiorra! Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12- 16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Frac#ional fee ownership as defined in the Town of Vail Municipal Code, Section 12-2 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units ar transient residential dwelling units. Qwnership intervals shall not be less than fve weeks. 3. Special attraction; 4. Ski lifts; 5. Public park. and recreational facilities; 6. Major arcades with no frontage on any public way, street, walkway or mall area. B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon PrimarylSecondaryavd' Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; Cl 4 D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. E. Area E, Tract K ?. Interpretive nature walks 2. Bicycle paths and pedestrian walkways 3. Public utility and public service uses 4. Ski trails 5. Snowmaking facilities S. Access roads 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereat; with the exception of buildings. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this. ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof.. Section 7. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any r violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under ar by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein, Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of . 2004 and a public hearing for second reading of this Ordinance set far the day of 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND 'READING AND ORDERED PUBLISHED this day of , 2004. Ludwig Kurz, Mayor Attest: Lorelei Donaldson, Town Clerk • • 6 0?/08/04 14;25 FA.Y 3032958281 HDI,~,A.~'D & HART Attachment: E • DENVER • ASPEN BOULDER • COLORADO SPRINGS DENVER TECH CENTER BILLINGS ^ S€}ISE CHEYENNE - }ACKSDN ii4LE SALT LAKE LTTY - 5ANTA FE VPA5NINGTDN, D.C. HOLLAND & ~1~.R'r' LLr ATTbRNEYS AT SAW SUITE 3200 555 SEVENTEENTH STREET DENVER, CDLDRADO 802UZ-3979 Mwunc ADDRESS P.O. 80k 8749 DENVER, C[}Lgp0.D0 90~Di-8799 rELErHONE (303) 7S5-9a0D FACSIMILE {3D3) 295-8261 Gregory E. G~}Idherg (303) 29S-BD99 ggo[dberg @ha{laedhart,com July 6, 2{?04 VTA FAC5XMXY,E Mr. C'reorge Ruther Chief of Planning Town of Vail Community Development Department 75 S. Frontage Road Vail, CC] 81657 Re: Opposition to Pr©posed Amendment To Glen Lyon Spccial Development District #4 Dear Mr. Ruther: Per our discussion last week, I am writing on behalf of Robert Rasen, Timothy Pennington, and Alan Hassma.n (together, the "Glen Lyon Owners"} in opposition tr, Vail Resort's ("Vail"} Proposed Amendment To Glen Lyon Special Development District #4, submitted tv the Town of Vail ("Town") on June 1, 2004 (the "Proposal"). As yQU requested, these comments are submitted on ar be~'ore July 5, 2U04. S~iT1VTMARY' The Glen Lyan Owners support certain elements a~ the Proposal, including slow ays, catwalks, trails, and related improvebnents, same of which already exist. I~owever, other elements, such as the snawcat accessway, roads, and bridges, are objectionable because they wac~Id violate; {1) the Town's awn protective covenants prohibiting such activities and development and upon which adaacent landowners have relied for decades; and (2) applicable provisions of the Town Code (the "Cade")_ GLE~3 LYON $ACKG~ROYIND As you may know, the Glen Lyon Owners own property within the Glen Lyon Subdivision (the "Subdivision"), which 'was created in approximately 1975 as a predominantly residential neighborhood. Contemporaneously, a. pazcel within the Subdivision (54Tract K.") was deeded. to Tawn as dedicated 07/fl6/a4 14:26 FA$ 3x32958261 Mr. George Ruther duly 6, 2x04 Page 2 H(1LLAND & HART HC~LT~A,ND & HAFT LLP ATTORNEYS AT L.AW open space. Prier to the conveyance, the 'town anal the Subdivisiar~ developer executed and filed "Protective Covenants of Cxlen Lyon Subdivision" (the "Protective Covenants"), prohibiting certain activities and development (described below) on Tract K, which still is owned by the Town,. The purpose of deeding Tract K to the Town and implementing flee Protective Covenants was tv create an open space bonder or buffer for the Subdivision and to encourage a place for valley residents tv walk, ski, picnic, climb, and bicycle. TAE PROTECTIVE COVENANTS The express purpose of the Protective Covenants was. "to place certain restrictions an the use of the Subject Land," including Tract TC. The Protective Covenants state: "Nv structure, either temporary yr po~x~Aanent, shall be erected, constructed ar permitted to remain vz~ [Tract K], except decorative items consistent with .. , a picnic area." • "[N]or skull there be permitted., within or upon jTract K], any other act by any person ar persons, which, in the ,~udgament of any property owner yr . , .the Town of ~ilail, Colorado, may deface, alter, destroy or damage the natural condition of the vegetation or the aesthetic value of tl~e natural environmental quality of [Tract K] ." • "Improvements necessary, desirable, yr convenient for the provision and maintenance of utility services Ynay be constructed and maintained through or under ... [Tract K], provided that such improvements shall not cause pexmanent disruption or alteration to the surface of .. , [Tract K]." • "~To noxious or offensive activity shall be carried on nor shall anything be dune yr p~1AUitted ^~uhich shall constitute a public nuisance in Glen LyQn." "No trees of a diameter of four (4) inches ar greater shall be cut down yr removed in Glen Lyvn except with the prior written approval of the Design Review Board." ' • "The conditions, restrictions, stipulations, agreements and covenants contained herein shell net be waived, abandoned, termination., or amended except by written consent of the owners ~oa3 • Ox/QB/04 14:26 FAX ~0~2958281 HOLI.ANI} & HART ~ QD4 HaLLA.ND c`3~ HART L~.~ Arro~~rrs nT I.,aw Mr. George Ruttier 3uly b, 20 04 Page 3 of 75°1a of the surface area of the x~rivately-owned land included within the boundaries of Crlen Lyon" (emphasis added) "Hikers, pedestrians, skiers and bicycles are expressly permitted to travel [on Tract R] provided the surface _ .. his] not unreasonably damaged by said activities." For the past 25 years, Grlen Lyon homeowners have purchased their properties in reliance upon the Protective Covenants, as executed and filed by the Town. These owners have a reasonable expectation that they will enjoy the "natural condition of the vegetation°' aad "the aestlietie value of the natural environmental quality„ of Tract ~. They furtlYer have invested in Glen Lyon knowing that activities or development like the Proposal will not occur on Tract I~ without the written consent oi' 7S% of their surface-owning neighbors. S~r3NG YS CONSYSTENT W1(°I'H THE PROTE~CTXVE COVENANTS The Glen Lyon Owners support Veil's proposed amendments to utilise Tract ~ for "skiways, catwalks, trails, and related improvements," Indeed, these activities are not really "amendments," as they already occur on Tract It.. Moreover, these uses are expressly permitted by the Protective Covenants, which state: "[h]ikers, pedestrians, skiers and bicycles are expressly permitted to travel [on Tract I~] provided the surface , .. [is] not unreasonably damaged by said activities." These activities do pat destroy or damage the natural condition or aesthetic value of Tract K, and therefore fit naturally into the historical and permitted use on the land. SNOwCATS, ~OAAS, AND BRIDGES VIOLATE THE COVENANTS By contrast, Veil's prapased snowcat accessway, "reads} bridges, retaining walls and related impraverrrents," do violate the Protective Covenants, which expressly prohibit activities that "deface" oc "alter" the natural condition or the aesthetic value of Tract I~, as well as any development that may ``cause permanent disruption oT alteration to the surface." Moreover, "jn]o noxious or offensive activity" may occur on Tract K, and no "trees of a diameter off' four f4) inches or greater" may be cut without prior written approval of the Design Review Board. By any interpretation, the Town's Prate~ctive Covenants mandate serenity, preservation of the natural and aesthetic environment, and low-impact usage on Tract K, not "roads,}} "bridges," and transit of heavy machinery, such as snowcats. 07/O61'D4 14.28 FAQ 3D329582B1 H©LT~AND & HART ~7.] D q 5 HC]LLAND 8~ BART LLP ATTC3itiVEYS AT LAW lvlr. George Ruttier July +~, 21}fl4 Page 4 . Against this legal backdrop, it is surprising that the Proposal nowhere addresses the Protective Covenants. The Proposal simply cannot occur without amendment of the Protective Covenants. Instead, "Van's approach would appear to be to goad the Town into violating its own contractual cvmmitm,ents under the Frotective Covenants. 1:•Iowever, as a signatory of the Protective Covenants, the 'Town does not have the luxury of such a cavalier approach. Town endorsement of the Proposal, either at the planning car approval stage, would violate the Protective Covenants, which were implemented by the Town far the purposE of preventing such projects. ,A violation of the Covenants, patticulaxly a knowing; ar intentional one, would subject the Town to economic and perhaps other damages, At a minimum, 'Vail should be required to explain in the Proposal how it proposes to address the Protective Covenants. Instead, Mail's stated purpose `tis to correct and clarify existing grad allowable uses within Tract K." 1'-lowever, Vail has no power to "correct," "clarify," or otherwise define the "allowable uses" an Tract K." Vail does not own Tract K., or, to the Glen Lyon C7~vners° knowledge, have any right to use the surface of Tract K, other than for skiers. The Town similarly has no right to "correct'° or "clarify" any uses vas Tract 1~. '1 he Town already made that decision in 197 in the Protective Covenants. By approving the Proposal without amending, the Protective Covenants, the Town, acting throu„h the Commission, would violate the very covenants it put into place. Indeed, Vail acknowledged this fact in a 1996 letter to Glen Lyon owners. See Attachment 1. TsE PRQraSAL ~ACI~S COMPATIBY~.YTY, SENSITIVxTY, Alv'ri A ~ORKASLE RELATIClIYS~xP V~IT~I THE S'URRO~,TNDI~NG AREA Even assuming the Protective Covenants did not exist, it would. r~nake no difference because the Proposal fails to satisfy applicable Tvwn Code requirements. See Tawa Code ~ 12-9A-$, For amendments to special development districts, it is "the burden flf the applicant to demonstrate that submittal material and the proposed development p1a-u comply with each of the [design review Griteriaj, or demonstrate that on.e or more of them is not applicable, or that a practical sc~lutiom consistent with the public interest has been achieved." Town Cade § 12-9A-S. Twa fundamental design review criteria are "compatibility" and "relationship." Tawas Code § 12-9A-8 (A}, ($), 07/OSr04 14:27 F.~ 3032958261 HOLLAND $: HART ~ 00B HQLLA1vD & H~Rx ~L~ A'fTflRNEYS AT LAW Mr. Geor ~ R'uther ruly b, 2Qt74 Fage S In this case, the Proposal fails to satisfy these requirements. With regard tv "compatibility," it is clear that 'Vail gave little thought to the Proposal's impact an adjacent landowners, including the Glen Lyon Owners. In particular, Vai1's Proposal offers no meaningful discussion cvnceraing operation details for the snowcat accessway, structures, lighting, noise, traffic and volume, etc.. It likewise is impossible to gauge frozzi the Proposal the visual or noise impacts of the snowcat accessway, roads, bridges, retaining walls, snowmaking facilities, and the "related improvements." What related impxovements7 Qi7here will they be placed, what will they look like? What r~vill they sound like and how much light will they emit? If any of the prep©sed activities occur at night, the noise and light from snaweats could destroy the serenity enjoyed by adjacent homeowners. The Proposal likewise provides no details concezning usage by other types of machinery, such as snowmobiles. Summer, spring, and fall usage also is not addressed. )3y all appearances, the Proposal appears to be grossly incompatible and insensitive to the immediate environment. Indeed, it creates a thoroughfare for heavy industrial machinery across a "Dedicated Open Space" whose "aesthetic valo.e" and "natural environmental quality" may not be "dei'ace[d~, alter[ed], destray~ed] ar damage[d]." This is the antithesis of "compatibility" and "sensitivity." Nail's "Relationship" discussion is likewise lacking. 'Nail's claim that the "limited uses ...are consistent with [the] `open space dedication' designation" is preposterous. Dace again, it is unclear how a snowcat accessway could be "consistent" with "open space dedication," The Proposal runs directly counter to the Town's Protective Covenants, which prohibit any "act by any person or persons, which, in the judgment of any riroperty owner . . .may deface, alter, destroy or damage the natural condition of the vegetation ar the aesthetic value of the natural environmental quality of [Tract I~]" (emphasis added). Each of the Crlen Lyon Owners qualifies as a "property owner" under the Covenants and it is their judgment that the proposed snowcat accessway will deface, alter, destroy or damage the natural condition of the vegetation or the aesthetic value of the natural environmental quality of Tract K. Finally, even if the snowcat accessway somehow satisfied the Town Code criteria, Vail appears to have designed the snowcat accessway to maximize, rather than minimize, its impact on Tract K az~d the Glen Lyon ~WneYS. See 'Nail's Proposal (Attachment: Development Plan). As the Commission can see, the snowcat accessway cuts directly through the center of Tract K and comes within approximately SQO feet a£ the property of one of the p7/OB/04 14:27 FAQ 3032958261 Nlr. George Ruttier .luly 6, 2004 page HOLLAI4'D & HART HOLLAND & HART' L~.~ AT~OR'PdEYS AT LAW Glen Lyon Qwners, notwithstanding various proposed alternative routes. that would minimize, the impact on Tract K. See Attachment 2. Although these alternatives might cost Vail more to construct, they would minimize the impact on Track R and move the snowcat accessway the maximum distance away from the Glen Lyon Qwners. The Proposal fails to disclose these alternatives, let along substantively discuss therr~. Tle[7E FOREST R[]AD SITUATION DOES NOT SUPPOR"k' APr]~O'vING Ar F~C7NDAMENTAL ANYEN]]MENT ~N'VIOLATION OF ~E p'ROTECTIVE CO'Sr'ENANTS ANV TOWN ~C-DE Vai1's primary justification for relocating the snowcat accessway onto "dedicated open space" is Forest Raad, the current snowcat access route. This justification, however, is insufficient as well. ~s a thzeshold matter, Vail provides insufficient data or information concerning Forest Road to justify relocating tk~e snowcat accessway into dedicated open space. Although the Glen Lyon Qwners acknowledge that the Forest Road situation may be problematic, it is unclear based upon Van's proposal whether Forest Road's situation justifies a aoaajor shift in decades-old land use policy by creating a major amendment to the development district and relocating the snowcat accessway onto Tract K. Second, even if the barest Road situation did justify the 1roposal, the language and spirit Qf the Town Code would mandate that V'ai1 mi*~~m~ze, rathex than maximize, its impact on Tract TC and the Glen Lyon owners, as noted above. Finally, the Forest Road situation, althoubh problematic, still does not change the Fact that the Proposal, in its current state, fails to satisfy the applicable standards, i.e., "cvmgatibility" and "relationship." Town Code § 12- 9A-8 {A}, (B). The fact that a problem exists in an area outside of the proposed amendment does not support a major change to Track K that is radically different from -indeed, diametrically opposed to -its historical and current usage, which is the only use tv which it can be put under the Protective Covenants filed by the Town and justifiably zelied upon by Subdivision owners. CONCLUSION 1?Ve urge the Commission to deny the Proposal as subru.itted because it cannot be reconciled with the Protective Covenants filed by the Town in 197$. ~ pp7 • • 07/06!04 14:28 FAQ 30a29582B1 H~ILLAND & IIART .008 H OLLA~TD & .ART ~Lr AT'rDItNBYS AT LAW Mr. George Ruttier ~uiy 5, 2004 page 7 • Nor does it satisfy the applicable design criteria as set Earth in the Taw~a Code. The Proposal pits two incompatible uses against one another: a sr~owcat aCCBS5W3y ruIlning through C°dedicated open space," the "aesthetic value" 8Ild "natural environmental quality" for which are legally protected. by the Protective Covenants. Any decision the contrary will undez~.ine the integrity of the amendment process and violate the Covenants that the Town put in place 25 years ago to prohibit exactly the type of project `N'ail now propase,s, GEG:krb 3zs ~ 17o~z.t~oc Attachment:- F THIS ITEM MAY AFFECT YOUR PROPERTY i~ PUBLIC NOTICE ~t~w>d0F YAII. k 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, Vail Town Code, on July 12, 2004, a# 2:00 PM in the Town of Vail Municipal Building, in consideration of: A recommendation to the Vail Town. Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No.4, Cascade Village, to allow far a new development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner Bifl Gibson A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Tawn Code, to allow for stream bank stabilization within the Mill Creek floodplain, located at Tract E, Vail Village Filing 5 (near Pirate Ship Park), and setting far details in regard thereto. Applicant: Town of Vail Planner: Elisabeth Eckel The applications and information about the proposals are available for public inspec#ion during regular office hours at the Town 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 Town of Vail Community Development Department. 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, far information. Published June 25, 2004, in the Vail Daily, ~1 ti~ ~~ a m d ~g ga ~~ ~~ J ~ m 3 ?.u~ ~w~ w ~ O p Y ~ U 6 . ~ ~2~=a ~, m o i7a U w } ~~} m \1'~' ~ q d r'~\~\} V + V X11 ~IJI `~ m ~~ m w 6 Q5Q ~ Zi >~ O ~ , ' .-I nl rU F = IF t- If '' - ~ r 2 e Z m 2 a Z Z 2 m X Z T ~ ~ II ~ ~~ o~ ~S$ ~ ~ ~~o~ "s~~ ~ ~u' 3 o ^n ^ ~~ ~~ ~^s~~ ~ W a~ 'i~~~ o o~ i~ ~ ° ~ 4 ~ R ~ 4 ~ ~ a z ~ ~ ~ ~ 4 z pp ++ x 57 -x r ua' a' ¢¢ ¢¢ d'~^ {~S ~~^ marn '4 dig rt oq ~Ct<<^., d a pia n ~-ja °o °rc°~, °6zm ~ °z e~ J.c7 ¢.a bi °za `o ~"I`a~wo ^w x^x^rn Ala xe7 umc^i m`~u um~omuu'~aoommomum~,-ou mama - n 4 _ ~ s h P 4 rn M N a' Y I i ~ ~i ry ~ ~ Y 0 0 0 ~ ~ m ~ ~ ~ ~~ I w; 5 W~ t 11~~ L U ~ Z QI ~- S ~ ' w m u ti u wl a` V ~~ a ~I w U 3 4 V i w r ml x a a° i Q L ~I ` c G o~ ~ ¢I o i-I a Cfl7 gZg, Yi 1 6 S ~ ,.. .. ... y v W ,~ ~o ~F t ~ v ~ i- r (7 o :~ y ~ ~n &&nn RIB qql, s 7~ V R~:~ ~ pr,d a O~ ~L~a.^ Oa9 "~ _~ S ~~ ~~~ !g pp qq Qq aq~y ~( S ~4 l7aa [7~a d ~ 574 ~(7 L~J< (74 Cy'im ~ <43 ,714p{7 ¢ ST x > m n> ~ ay aa,> a> ~ yaa>aa7nm 14.~rn R9'7~4z Z n-z qz~n.. oz4~~^, ~. :m ®®mm x x^xzz~.owxox-5o ®o ~axA; ~ uw5~omummmn ^mumaooo~ u~ umo~ 8! 8 ~ ~ 4 m [ ~ ~I ~ ~ S, I ~ °u e~ °uI ~ a~ [~ ,~ a ~ i I I N i 4 < (l SU7 l w ~I a a ~' C1 O RI 8 F ¢ rc o a n ~ ~ L ~ of ffi rc rcl ~vl ra' ~ Y v s w 6 m ~ c ~ ~ p ~ ~ Y a m° 4° w~ _ ~ 4 N ¢O u W Y m Y ~ 5 ~,. a ~ U () w J ~ 3I ~ ~~ ~~$ ~~o 4a rq ~rW°^o omm x x ~ n ~ °~{ m - m,m ~ g ~ S ~ ~ w q W 6 m 'Z ~% w Z `~ 'a FI O a° 'Z I] 0 2 t1 O O ij Y J U m~ P U a LY t3 A ~'~ ~~ ~w 'O~ y. oa "~V woo w~aa~gw e ~ oa ~ o.$~, (cq~J o~~a~~q$ n 'qq~55++aa~ Yp yP ~. ~ ~.,~ lR ¢ ~'' H c7 ¢ 7 c. a ~ 13 °m o..N l7 S'1 ~ CY (7 f7 C7 O n _ gI G? f7 (~ Y_ Z q -+ d 2 W Z n Z ~ j w S 1G o S S 0 a ~+ ,c m i u Q a U' ? L G7 }} a ~% ~ U') m N 4$ ~u 4 F Y w ®U i{~ "~ Y Y X Y Y 1 r U ~ a a a m a w ~ w w m w Ir wi w z m Iw a~ a a~ m m w m m m m¢ a u Ju m ~ ~ m ~aflo moa pdp ~~i~QQ~ aim po?vl? .C' ~ '~ qc7 ~~~~[®®7m~~'ta o eS ,A~co~mm J~Qv4m m 1.1 ® I' m tY Y m ~ ~ ff ? Y ~ Q ~ ~ N O U' m 3 Iw[I ] +~ "y~ ~ O ~ d J O o d ~j~ [3 •~ m m m o? N m m w S~ K a~ K m G$ ~i+A 7 R~ w .- iA .- b- C N IVY Iv fti~ fV! NI - N~.. iV rA d n ~y~ ri rv ~ V m P ¢¢~ ~ ppI IV ~U U U LS ~ O r4 .'E Y d w J 6 gUg p X o ~ Y ~ 3 ~ J w ~ ~ i = n ~, °~ ~ a > ~ z O N ~ ,~ ;r C F y Z ~] ~I .~ - 7 a rc a W n g Q U Z I Z~ ~ w wa O 2 O d 0 w N 4 O O 2 W O ~ a z R z i w a ~. ei o. ~ 41 z1 I ~I W a s a a w x d ~ w °0 w a a~ y w Ya '.m ~m Q Z ~ ~ ~ U ~ ~o~oa`~ fl w 9 ° ~ Y an ~^ - Y gg fA O U w ~ ~ ~ Y a~~waa~°Y'mmm momwQOa'8~,'Soc •I • m ~ n e p ~ 0 0 0 0^ ~ S V U V U Yaavoaca ®i ~ ~^; z y w my d G d d 6 ~~N~ ~~~ Z~ R~ W N m ~ J S ~ ~7 yDE e5 ~ q' Ho Sy°ooodA e, O Y °s -~~m ~ F P o ~ o 2 ',~ ,~ o s "~ m ~ ~1~ n r°"N Oda Q O~ O O O m°P Xaxa ~ vi 2 yj ~ ~! o ..zqz z-- ~:OO0~6o U m ~_wmWm~0 ~a911?~U'``~pp((C7~ ~ i~J `N VJ~uJid o 1 I m~ ~ i I Z ~ O e D t O n e @ n~Yo mo mq ~ x " ~~ n dln ~ .: 4 Y O O ~u 0 ~O pO ~?N ~~ O ,/ ? Y m o m ~ m Y Y j m4m~o ~ qu' m ul 6? JVi a~nNN445'.y ~Y' N y ~x '^' a z z ~ z O' O~.'a00P 0,O inQ Or W ~ ~ 4^ 17 W Q W s.1 } m } ~w x m a ~ m l7~(7 v l7 47~~~gNq~ryrymm m l~q`Qi. r=i,a oim c~NLmn nd4a ou~i ~: a~ 3 w w r h ¢ ; m wl ~ ~i w ^I ~ u o i I m ` ~ zh ~C } a _. ~ { o ~ ~ a w 4 Q U r n ~ m y ~ ~~ m m ~ ~ F a ~ ~ ' ~ , ` z - m d ~ f w y i ~ °, ~~ ~ n of o ~ ~ $ a~ oo tt ~ rcl l ~~ ~1 °mlwl a„ ~'~~ ti ~ H o qc aZOa O mC IN '1' % 'Q k ~mo~m~~ y ~ a uK, z ~ i ~ ~ R m f W m w ~ m S C7 4j S7 ~' q ili Q ®~~ in~mm U 2 i v z J a ~, Y ~I, ='i o ~ n J O J ~ ~ an d O,® n ~O i® G W W p Zn :Z. OWWw O n 'C ~ 'i5 a ^ N ti a L5 '~.~ 4 ~ ry~ V' (2 Z Z W O q mq Y w w 0 w~ w m m m m m qq ~ ~ ul ~ v ~ ~ ~ ~ ~ ~ ~ ~ ~ d w O Imo ~ ~t9 rmip ~$vi ~nJa~nam~oo000 O~ O y ~ O ~~ ~ ~I C''°' t7' w G m } a N Q ~ y. y i _ ~ '- ~ F ~ ~ m N ~ Z 3 i < rt t ~ h ~ b ~ ~ .i ~V J ~ rr o~ , ~ ~ m EE ml ' - 0 ~ ' 11 ~ ~ u o ~o p u ~ ~ O '~ a~~ m dm ~ ~ f m 7ti~z D ~ ~ } - a u ~ m ~qul axY wmmn Q~ ;~~~~ ~NO~Qo U U ~ ~ ^ Y m mOCI O m ~- d ~ ~ o LRUC9 z o a wy 4 °sn ~O m mm,T 6C pp IH ®m U w m u m tl g ~ e ~ 4 uGl~ipOpOp~unu~ ~3 ~~ oo~lnano°oio oinm m,~~ 'm fO Ul u~ ~ti ~ ~ ow °b~a$.o O~,o a05 za z$ 'ate z~ z 4nalw a v, ~ 4 'n m$ ~ rc ~ 4 Non ~ m Y a a Y a n Y ~ i I moons wm v~ ~i mw and m 4 m mmYmR -4 m4m4ouz dt~VU ~U ul Ju 5F ~ C~ ?(?tl JS~e~Y~ 'Sm5x7 yF0 V 4 ^ s n oo~ m a ~ aaawy Nm 7 Vf mUj `L zaM }~. z z ~' s®. az a r o G>a '~a~ Oa 05 O° O rv Uo 'O o p ,~ 4 up w u ~u 4 r o> r ~ ~ m u a ~ C~ a (( r~ •Q~ ~~jj ff~~ _ $ K w 2 N ~ ~ a m $ 4,, na 4 4~E g:2 V o -w °,,, c i n jo u~ wS~-w w u~ ~y ca°~ crs tla~tl qm W~~,~tlw antl a~~i III b~mm ml'~1~aa[i o.~~o NGi 466 md3 mN in~Vl ~Qmm3 £t ~;~ ~ !'im 4~a1 ~ 1RIQ 1~~ N p N n rv i+ r~ ~ ~, w~ "' ~~n ri i 8 S 9' m. "" r3'' w n rr _ ~ o ~ 5.. v ~ a o~ ~]. ~ c°a c9i v. of I I u ~';~ 8 oea m „m ~ p ~ N 4 o Yak m<m ~~~~~ N ~ z-s O A7W C `~ nz ~d $4~a°o u'.N ®a ~ d d w ~, ~' a ° ~° ~~ ~ ~a ~Y,s 2 ~ ma ~ m ,~a ~~~ v ~p m °o Q~~~p ° Y ~ Y LJ 0 (~~~ ~. ,if ® ID W Yom! S f~ ~ ~ '" tJC ® z o a U J Y O~ Q w 2 m z ¢] ~ w °'? u ~ u ~. e tl i O a ~ wn n'imi rv i ~, F 4 C1 ~ m i i 0 _. ~~ W ~~ `-1 r u ~~ ~~ ~I ~ s~ m~ °I ml~l a I~ q ~ a a a'' c "u 0 q Q o e v u u u i ~ ~ ~i ~ ~ _ a $ °- e o t o u J c } ? } } } O ~ P O O ~ a ~, ~~ ~ ~I ~! ~~ m~ m~ a ~~ I i i !i ~ d 0 n i "' ° i a n i O 2~2~ 2 d W YY I ~ a' r ~ ~ ~o ~I ~I eE ;~ ~a • • i ~ ~ ~o 8w~m a O °a, ~~s~ pa~$ ^ " a °u U w n O Dqa ~rrX r ~U J ~ ° r8 - c L a' a -' ~ a z° N __ u rc a w z w a d ~ x ~ ix > ^, ~ ~ ~ ~~ ~ a ~'~ w °~ z ~ '~,z a z_ ~ z ~ _ z N z s z ,~ '.o ~m ~ ~ ~a mo ~ iEix 7~ ~ ~° ~~ ~2"~' °zr o °oY Ia ~~~ ~~o g gan 8~ ~wn~~~ $~ zX m$ ~' °m ~~ ~ ood u ~ fro ~m ~aaaFl~ ,o~^ o~ m Y Y U m m Y ~U U 4 U `j ~) U a^ iJ N U ^ c S_ U a ,.~ m .-fir m E~ .E{ g ¢F< ~n QQE =~y} Q~Q pp ¢EQ_ E o~~ ~ ~ ~ ,~~~- m~ m m~ a ~ ~k W ~ UJ 4 W W y W N W Q O I$ 1 a~ :ate O^~ 4 ?~ m IQ s a o'~ a~ ~ e 4~ n r~ Y~~ s° r- IIq ~ r a i ~~~~,~ov~g~-a°io ^i a~'D off" © oW~oow+so a ca u'u'~ o o w, _~ Y 4U $ ~U W O U~ U^ n Q U~ u ^. a n a s u u a v,,, .au ^~ ~~ ..,Q~ ~ ~i " ~ ~g ~ Flo •~ rp °~w c.Z wnz~p~ V f.Y V° Y v;ro ij ie~ ,) a~~u~uua'iala u~c~uio~,c~° ~Ow oz°"c~JI$z° o c~,$z Yam ° ioo onnnaaiu~r - _ .JC u°~a~ c1 ~ `cNi a~ ~ _ uo_ `S.c3 of ~ K ~ rf ~ ~ ~i e °I ~ e ~ ~ '~'' b'" $ a _ _ ~ w °a I ~ I ~ ~ z o ~ W ~' w di; ol! w - ~ go g~ ~ ~ p ~ ~ > °s a m So9 G i a M F 3 ~ H 5 _. $ U O P OU U e~~ < ~~ ~q z rca ~^,~a 'rte n o',,¢„ a u ry.o out7o ids `'] m U ~ O n U N+~ q x m°S~,fi'^'xg~~o~s sc 2./JZa m ~ -u4°u~ upu a w~ ~i ~ ~~ ~ $ g `u o a z 3 0 $i x ° `~ o C m ~ z ~ ~ ~' O ~ } ^ U ~d 1- Z I~R I U ~ ~ ~~ E a' ~~ ~~ ~~ ~~ d Y S . c ~ m g . r- '+w ~m ~ ~ ~ ~ E n z° s ?e o°° ~° '~ ~~ Du maw s $' - ~ m ~ L^~ ~~ ~ ~ 1 ~ O ~ ~ G -~~ 9~a 4 m m 4 a v e w (] UJ, „Sa®..c ^ o ~~~ ~ 0 ~ r J -ra ~~s~ s~ ~~ p pp Nr ppN~7.0 Oa G~ d 6 ,~ ~ m f~ Y t ~] Y^ 9i U Y Z r" p~ 2 ~ Z Y .o+~ ~ y 2 m ~.Y9 a ~ a ~ z ~ ~ :! a ~ %n~ m ° m ~ ~ m R o O~~ G N~ O O 6 ~YU~ o }'I. ~'q-p~G ~I~pp]Ki V U4i ^o~x° I' m$Zrv ~' d~4~0 ~q .p° ° U G w G w G O i UI~ _ O G w c4 t~ Ui0 w [rs UGUGRUJ._ o~~ ~~i~~a~a~a~ ~D m~ ~~ ~. m m O m ~~ -. N i4 o a~ I ~~ ~ ~~ ~'' I ~ ~ ~{ ~' ~ z ~ ~ ~" ~ s w 0 ~~ o ~ ~ ~ ~ S i ~ ~~ ^ u s a ~ w ~ V W p G rc rl __ w a e O `< ~I ~f i w, o z > ~ m 0 3 E E ~ z a x ~m §a ~ ~ J orm qy ~ W$mw~a 'o~ cs z za z Mho, z zY ~g 6U Y U ° O ~ '- ~ ~ G OU ° O n m aa~2q[~ c X r s~~~~ tr o s a s a~~~~ I~.u G a m ~~] G° 6=~~~ m p a h d a ~°o~n@o ~c~c$h~ ~9w ~ m o u= ~ a g n a u= v o to i O mb a O ^ Ga,O~ G a iy~°°z e~m ,z°~^o ~~'~i °z vi ~Z °~ ~.o nn°a a'v°od'~'~ Diu o~~ cpi~ ~~ o~ o ry~ {. n~ nl of ~ ~I ~ I ,p ~ o G 2 a ~ a n o w ~ a w 0 ~. 2 S m° of m m ~.. - .. ~ ~ 3 i ~ ¢ p 4 g Z 's h~ m ~ n ~' w G C A~ ~ wi G Cll 4 w, ~ s z w~ a ~ l7 ~ ~. ] V m S u+ ¢ `o ~I wl m °a rl ^{ "~ zn z ~?w i ,J ONOO C~+ O ~a°~~~,4 a O' ¢~mu~m~ u~uai 2 ~ F ~a N $ p a 4 a O a z m°~~„°u~O~ ~.UJ IV6U0- VO ~E _ dI n N _I ~ ~ ~ a z a o ~ f U U ~ w v w ~ W s ~ I' ~~ a~! I ~ m! 4 ~ ~ w z a ~ s > ~ q = a Gi 4] m tig r a~ >o Y ~j UwY U iJ ~ ~yY mm r Y ? Xv~ vn ~ ~ ~ ~~ ~ ~ ~gw w p Q p ~ ~ ~ ~ ~ } ip ~ 1 4 S Y uO~~00004'U Oa s sj O N~ ~ ~I B N i u u ~ ~j c.~ p l ~I ml m! ml ^~ ~I w e 0 2 ~i~ ~ c s rc a w! rl 5 • a Y ~. 5 ~~ e ~t7 n` S x ~~ 4 0 4 ~o o p r a ~~ x ,., ~ =~u "~S ~'~ mu m~ mQ x 0 0 0 0 4 ~a e 4 ~ q g ^ o 3 O ~ ~ j' -.J > j m ~c~dc~~~5~+ ~ ws ~ aaa a ',u ~~ u uryN ~+iurv a +~ SS ~ <o c ar $id~ °4R4c8 ^~ ~ p>p Q. g m m m m~ m m .. R i m ~ f T~ `~ oprvrb~''<°i°b~a~®a=..,~aoaaaauaa g 4 9 Vj _~ c ° ~I i _._.. ... ~ a {.. a a a N w a 0 m Q ' 4 I I °I . W W 4 4 Y ' Y Y W O W W ~y d a o u v m Im ~~ w a u o a n a wa m Oa m 'm°q rQ- m a0os ~ ° oa P O .. o F~ ~~f-Q°my b H ~"~~ F F m~a ~ = M ~ ~ ~ ~ ~ G w w ~ a ~ w ~ ~ ~ ~ ~ m v ~ ;~ m m m g ~i~ i rd ~ m m rc f rn'I~ 3 qq a "'~gry ~o '~'~ qW W°S i ~oo 0 3:0 ~j ~ 4 S~i~Q i7 ~~ O d 0 v d d ~ 0 a 0 n n v cl a o ~ a a a a ~ t3 a i) 4 a a e V O oI sI ° a ~~ ~ o P ~ npl =~ of ~( ~=I a x u S w~ M s mo s+ a oq$ w~, fs i~,o~ N FY r ~~ m~~{~ ~p~ry > > o~ ~ :a ®a ~'~ ~G w W r W a w g w q,~ c s ~~~a~am =aa~~~mmmm o ~c~~oo~o,oa~oo°dma~~ o So ~n c®g- qq~rv~~~ O v0 c7~OVO4L47 v170G(i' ode ~ ~ u o'vannoaa.8~~- a al n a n~ n~ M nl ~I a n m ~ 3 = '-~ g' v ,n u ~ z W ~q ~ S Lr a ~ ~I w~~ °p`a ~m~ bl ~I • ~ y o g°.~`.r wm o J -V' w° m 0 0 ~;~o mm~ ~~ ~~ ~~ r„~4 ~Y~ ~0 5g.~8 '~. ~~~~~mq~ zm° ``° gggg ~°a ~" ,, ~ ¢ ~ ~ Ua 4 ~ h rc ~ a ~ ~ ~ o d r[. o oam oc°~Y as°.n SOS 4~ ~a.~ OY P~ ~ ~o a 6-1}Y~p a s ~ o® O emr Om d m $ S n n S n m m¢ ~ n m ~u o u o du c u c m~~i~'°10 'o`~m`~m.m m0om'o O~dgG$0~~.Oq z ~4'i pOr°W°S°z°°N:. °z ~~,z~'iµ:.,.zt c~~gaa'o ~a ~ ocrs©,,ozoozauzooz nu. ,u '$~ouaaou a~Ua~a~ua `s: s; ~; - _ rv! ~ ryl a~ Z ~ W W tl C C W ~ i vI u v ~'~~~ni ooao~a ~I wl, ~~ ~~ ~=i u c4i; u g u v z z z z z z 0 0 0 0, o a a a a a a I ? ~ i 0 0 O ~ u of o ~ w~ J z _i °u ~~ ~ %I ~ ' Q ~~ ~~ ~~ ®I al • ~i 9 °¢ °¢ • 0 ~:7 i z °I ~i "' ~ ~ n M o rv p ~ rv n. rv N N H n mi m ~ ~ ~ m m of a a a a a o 0 V' V V V U V V U I i ~I O O OI O Q Q O O of o! o u u; u O. a 'a 'a !r (C 5 (r C' [C R K K fY rvl ~~ ~I ~~ nl ~I °I wE ~I aI ~~~ V Q C a ec. W V U U U LOi` U 4I 4 I i ~, ~~ ~'. s m~ m', a ~~ ail 1 C i ~ C o a '. a A I~ 1 Z; Z o' o r' a a tt s ¢ s ~ ~ ~ O O O 7 C U f3 U J' O ni ~ ~ ~ ~: a "[7 i a ii o u i 1Uy V U U C q q O L [ 2 ~_ E' _ g ~ r, ~ m u I ~' ~', III ~ ~ ~ '~f ~I ~ MI ~ ~ ffI e S ~ 8 P ~ ~ ~ '8 ~ svE wE n E n l }vi z z o _~ ~m a~ ~ ~~ a m a w~ Y a o^ mm m'a th '~~ ~1~~'Sx ~a m e~m "'g~~~°~Sdad ~'~~~ah'~moa ~. ~~ ~ ~ S E UI U C i W o € ~ ~ ~' ~E ~I rvl C 9 F - 7 ~ 3 ~Oo S ~ 4 P P ~ ~ z O a's'q Vi N `~ o v m u ~ ~. ~ t3 u W 4 R Q~ '4[~O U a •~ yy~ U E" mmmm V ~. a o - ^" a$„~o vim', .h ~~; c°~m'o`r"---u~ ~1I U U a ~ _~~r ~m o ~;~ ,- ~d a n Z O a ~ O m ~ m ti ~~ ~~ h V y ~~ H a c~N p~ wagv~i px, d ~~ O ~ M U O Y = N~ zq ~~ I ~~ ~~ I n ~ Ila ~ ~ ~ _ R W ~.m m ,2 ~ m J ~^ O f. i~7 Ua M Uy ~ (L]t ~ N rn~ O 4'~USOO4u9tWj } a 1717 ~~ k ~ uotli ' m s w m +'w ~o'n Oaf ~~ m4 ~°Jw ~5 ~ ~~ a ~~~~ C7~ V' (. V' W mU Y(J 1'.p~Rl `~~. 'nO~ COQ a ~ x °~ ~~ 7 ~ ~ r j n[9Y ii pup ~c7 '~ppS o. dt~m z ~ ~ ~ z ~ a 9 9 m. w ro m m.o S 8 m ¢ ° i ~ ~ ~ a t2 ~: 4: :7 C' ~ mo _- ~ ~ n5 wa~ui~'mwioodoo o~~a~am6NZaaczwmmm r o ~ -r S~ 8 R ~ ~ a p!) G h _ ~I IYf ~ O N eG ~ 145 b m. q ~ ml m n m m m m mI I c°+~ ~ cbi~ °I O v. o oi. u I {~ z rc d a y~`j' J J W O } } CI ? ? ? ~ C ~ C o o' Cl~ a~ _ ~ m ~ ~o a Ci a ~ o W a _ ~ k vv; Y a a 7 ro ~ i nl ~ r°+I nl c KI I W I f3 z O I LL w ~~ n a of o e i ~~ 33 ~. 3 ~' ~ gi ~ c ~ ~ Y Y 7 ~ ry ~ Zs ~ p9 I 7 O ~ 1 x~ F F~ rc n~ nI °I r wmm,~ !n a ~ T~ m W m m m m ~ m m v M,h, w:r~ ca RR t~yoo P Uo~g~~ aN~o~ ~~~~I°r.4°m4 ochi,v'u' d~9uzo~~5 a a a a e a a a ~ U m J i • • ~~O ~ar~ 'aM ~~^S ~~ O U W nU,~ 4 2 o ~ ~ d m Y S s~ ~" mm` ge ~~ ~~a z _ ~ !~ p~ 14 Bo memo ~m~o S s3 ° c° p uS caio, ~mm"q e°i~ ~~ lum = °~+ ' 2w ~ Z~ P Z~ Z^ ZX ~ Z Z^ Z W Z m o Z ~ p zS ~~ znm`~a S~° aaw 'a'~,u°~"~ ~®5, ;r r~° ~m ~Y~o ag o I£m ° ~mm~ °w. ~~ 4a ~ z~ z°'a g ~Y z~~q ~ a ~~ ~qo lz m,~y,4 ~~mS3~ ~~~ 'm ~b ma ~~~ ~8 ~~o 'c~ ~8 Ira ~a~yi ~w ~g~m ~g~;a ~o Qmry Farm °q~m d~a~, o?~q~ ~a`a°aaa aaa ahnryDa °„ 'och~w~4 mw$aUxo 4g® m~ LL mdcD ~dzDD qa 6' d q '~ m rn '~ ~ '~ n ¢ ~a q o o ~ ~ d o ~ ~ 1 a_.a m p rtq ~ ~ ~ ~ tya a o a ~ . ,~ OLD O ~ w o o>~~'~ O© ~ p4 +-p 4, `~ a~ m ~a ~d-°°~Qo ~q -~$ ~~ v ~~ ud~m~m 4F`m cpi~m Yd~m p'Paa ^ Pca ~nUm ~Om I°Y ~u Dm~~*3D~ra z Y~ ug u ~ rt a~ a~ '. v m u~ ~ v ~a ~ m m a m n°o ms~ig~~,aa~ryou o~~~. ~~lad '° a~ o~ mr^,grc ~~~'s_a° o~ "c~ "~' <„~, oa ~~~;oz~N4_a°z ~oz~ zt ~~88~.z~~~~ r 4°zi- ~ryr ~~~Rzr 'x~ozr~a Fy ~~~ d4ZDD(7D D.4 U~aa~ZfJDDOLDr a-OZ 1a7 42.7DD02D V'D DI'ln o u a .[7 4- o o ~- ~~-~ 0 4 0 0 ~ ~- -u ~ n a n ci 5 a. o~ a a n u~ a n ~°~ u 7 a a a 5n a a q= 4 a n ~~ o g' s w nl 4', of o ~' ~i a N~ N h N~ $ ~i i u' °u v u u ~ _ 'z ~ i i 4 ~~ I~ .. ~~ %.I a rc u c 0 a x '4 V N D N a a N ll ~ ` ~ K o ~ E V ~ ~ a ~ z rc u z ¢ ~ v 3 ~i ¢ rc z w ~ r u~ ~ a z Zi ~ ~ z ~ a m H a o w `~ ~ i o ~, ~ t~l 2 ~ U ~ ~ U K ~ i N ~i M ~, a ~ ~ ~ h m N~ n~ rvl QI 'I~Pi `f` NI _ ~nl :] L' O ~~ n u Y~ nl 3 r=n c ~m Io~e zw I~3~ ~i ° m ~ ~ ~ o = W ~~dr'i I 1- of Z Ua.Z~. ~ ai a ~i n K' a NI d ~ ~ N m f ~ a, m p p J 4 E7 0 a' a U U P ~ qaq i m ~ 0. ~n O$~ 0f9 OI '"a a° n I O m ~n w N v ~~ :j ~~ 2p w~ ~~ zo z~+ w- r 1 m wmaw w wl zl" ~ ~m o og o~a.~ um uu U~ ~~ ~`8 Y'i ao@mm ~m m'j m._ 0'a 0.o~{„arcr i,`¢~,+ a rjm'a ~` cry a $m S' iw ~i.m < ~~ ;~''~ ~(~~ " ~o$$~o o ~ ~o'~,Q ~ ~w ~ ~ w cai® a~ullp~p~daoQZ~ za~tt as ~ ~a~a~.~mi pq ~,ra F;^~ mw U' [7 v'~~ u in Um.m ~ ~rpaY, i O- YIJV C~ [9 U'C1a~a M. mi~7YU7Ym 't~OiC ~mR~ U7aaai] ~ aaari w w'm wmUw ~a~ml~n y2~wl w - ,n a '8 _ ~ ~ a n, '~ ffpp Q of O lu ar ~ ~ ml w W g ~; ~ Iw x U V U ~.~ s s I ~ I g, } w m J_ +¢( 2 5- S W m V y ° ~ WW w is; i m4 rv~ I OIL a~ r ym o p m q m a ~ a W c~y5 W Y Wm H w °d m q o~ u em'n ~~ ;g ~~ Iud ~~vo KY C9 a rY~ OC .: m ~o°~ °~ ~a i~u co7u wa'~~cai ~ z'- ~ zm z ~ w o aU o° o° m ~m~ _ z u~H ~~n~~R n w4~~ oY O.B. I' N w r ~ a ~n r~ ~ <mm¢ m w-u ~:m nlii4s ~ v~ q I~~Qo~~m m~mm •'n al~n a`~.~~ 8'N 8 F ~' ~I n' ~' ~ ~ m a~ s yy V va U ~ Z ~~ W ~ 0 a" W W, U e c III I ~ ~E R.' & [ I ~E IU v w N ~~~m~ '~a ~'o i~d pp~, Omf (vim Q$pp m~ ~ a 0 Q m~ ~S a ~uo~ ~aV~~~ a rv ~~ m a~ a, a m ~.- ~o ~~ o °do aa. °Pm a i° ~x~~R~a'e'oop `Q~ '~~ m aa; } gOXOY m r1 ~m iR v.'~an9 mm ~4#iQ Y., ~ ~ m~ ~ °~{ °m w~ ~ s a d~ X mew ~Q~S ~4 < 'w$ 'c=i~ a~~i m wgo ai~N p ~ zao '.z ~o~A o ~muw O U al Qm~:7 ti ~ ~6 9> G J'~ rJ G C wc~o~ug ®waamul w~~wwww~^ Jo aw t7 qmqy~y a~vqq~ coqq ~~a~~ ~~~ ~a ~O V" L9 ~I`'~ jm[7 C7 ._~i9~~17 umx m~Xg+' a o ~i~an, a2wmaoaown wa wmmowm mlwu II a o m°4 m $ v ma I eT. ~ '~ g ~ U ~ g !a w w ar ~ _ ~ ~ 9 ~ ~+ I O OI YI OHO ~ a a I ~ w a °~ u~ k c O ce a o V u U Z O C S ~ ~ o ¢ c S s = o k ~ ~ Y ~ ~ 4 i O OI ~ al _ I hE nE F • • • W' Y _ ~~ g° ='_'=B ~a i uaoo ~waaa aO o r °scso aoso© `oo ~ ~ O ^ a z `y a~' l9l OUa RU' V' ['J ~'~Iqi a LLua _aad ,. 3 Y~ J W Y Ym YW J WYY V # W ~ ~ ~ ~ ~ ~ z ~. 4 `r $ M~ ~ ~ (yam{ ~ 2 ~ N O 4 pp $I p 2 NI RI ~ °m ~ ~ ~~z n:s ~mm z °dY ?o°d zo~auu a w~R44 6 u fl a Q~QOO '.p °a°oomo a~ o~° oc~~~~ u q~OOQo q fl' L u6aaa~. a°0N'W~~~~k ergo- ~~~~ ao~ ¢¢ 4 wp N a a~ 6~ LL wp ~~ ~ m~ On Y~ Y 'p ~~~v.mm QO~m~S~la'~~ Ooq wwm za ~~$ °z~ `~~~ r, ~ prv99 u~ mmmmao~ :==~u~rru~~-88 U V I O tqi q~ ~ ~ ~I = K U O ~ 3~ ¢ a w } a 0 x 0 0 0 0 a 0 v ~3 C 2 w U z a. S 3• s $ rc`~ ti~ ~ r¢if I ~~ ~a~ s~~ Y m z ~"~ mz'fl° ®"~z u"i ^o ~~~ ?wnda Z nat~ ~u i~a~ o°~uu _ _aauu uu ae ~ =~ SnE .g ~qa s a gao ~ boa ~~~ o u`r"EdQ'~©oo a @® ~o~Q o~ .~ o uo_ zo00 P a a~~C47° u Ord ~'= O fl® 7p 4Y mm O °° (~(Y~,° OU~'c u ~~ o v u a o '-' (7 a 47 u a ry u a a~ S O ~ S a~ u a o o ° ~'$',~~awv.o °~a o ~mn aN ar rv om~, ~wa~44 $$N ~RP Fina~~ ~°~~ ti~$~'~' ~~qq a~o w ei~naa,,~Wmtt~_mssYi m. ~a;yaa cmm LLo~maa LLmm em ar,"i,~ ~wO1 $m 4 o ~do~&d,m Iom~o4Ad~gm`ai OZ YY Yiq zrv Ioznn_ OY¢wOZ "IOZ zn: u~ mmm~u ~_rua~_ zum~ooa.-~ 111111 ~ ~=SBu'~_ 7 o wl N W ~: N C. ~~ ~! ~ !~ l`~I Ci hl K m~ M. C ~~ WI 0 ~~ ,,, _-~ r ¢ zo°d z ~~ 'z ~'a~~=wa =waaom-wnd zwa z ry~z ~ r `~ ^a ^auug~^ ^a ~. s s a s~.s ~arucm sG gas ~ ~rvg ~n~.~ ~ u ~ ~ U ~~~ omo oaoNm"•`oe ^°o o u'"o ~-o v 44 ^ o gg $ u° m n 0qq° m~~ g c~ ~' ^ °B m v a w ~c w O q l7 ~ ~ p p(.~1~ uO+Jq dU' YRRc~ ~O L'1 pf~° p ~' p ~ °O a DD u ca u au~ud,~~ ~a ua ~uwuau u ch u ~~.u au°u ~~~u a vaw~aa tia ._aaa^w~ ~ a w~ w col N o~~ h ^ o U~ 0 0 0 d ~ ^,~ ~,^ u ti d ~~ o 'Fwag ~ ~ m 'oF`wY'~ F® ~'„',8 4g ~~ fn,d n~ o w~ q4m ~ .'n ~u~~u4~J mrc~~,Y d '~¢~M ~ ~Ym a~alG a$o~ 4 ~4a a~ o r. 4°,0 _ ~g~ ~®~~u !oci -~'u4' $si Sum flu $c~ tioux~~ z ~° -£~n $~z rvz~'~~z_FJ zk~„rv zr~ `°bz~ ~~oz=" az vazrvr~y mmm'uznwozrvrv ri oz,,,i„ ioz,Yrv moz m®oz ~~r u^ _ru~.-~u'~ .qua.-.-u^.-r H5~~o~u~.-~£,'ci^r ~~~ u~ ua mm© ~ ~ ~ ~ `~~ ~ ~ - _ -_ r_ ~i ~ ~~~ ~y a µ - - - -- - m ~- ~ - - m 9 4 m+ °m n n o fOI o .- i I 99 ~ Y tai', ~ U'. K $ Z..~ Z %i V I ^ w ~ w - S m O 4 N ~ ~ ~ ~ ~ 5 ~ ~f ~ ~ _~~~ ~~t =e~ g~~° a z V I I u I ~I ~ e5 V1 O O W N Q ~ ~ W 2 2 VI '~ y ~~ ~ ~ ~ IY Z ~ ~. I o~ N ~ _ ~ _ } 2 ~ d ~ rv w ~ m ~ E a. x ~ 1~ 8 i ~~ O ~i ~ o~ J W V" U Y ~ Y 0 N ~ 4 m ~ V w ~ - ~ ~ 'c -_., `¢ o ~ F ° o ~ ~ ' m~ n °~ ~u ~°~ira 0 u o~~d~ o®^^,Q, m~~m D ,j cr d z rv M u sr~$`~ U y, i ~~ a^o j agoc+o `o c, ~qq~qq qq c~~vC~ ~`~' N a a a iw ~ o m =moo N~a of mm ~!^c5tac;c ^ ~ a a a a pp U~i$~ d Y Z''~ti xr,m ~, ~~~r'~~~~ ~m~~ 0 i O W Hi ~' } Q N ~ ~ j ~~ a Q 0 D ~ ~ p F 2 w "! O z ~ u i ~ 9 b u v U ~ i a 0 0 o i rc _ r ~' i ~' w - ~ - p ~ ~ ~ C n ~ ~ nl I nl ~ r~l e i nl ~. ~~ a Y m _ ~ ~ ~ ~ ° W .`e 4 iJ m d ~i • ,a q~q as Vv or Ju npn o zo~o~ia O ~ ~ z mq ~' m~ OU d~l7 (a ('1 'jQ a w ~ w z 1-immq~~ I~q W 17 ~+ D`~mG m O Z n ~ ~ ~ ~ W u~~r,-r i a f~f UI ~mQ~~~ `4a, a q U.~ N 4 N~ tim (j Adl ~~ °® ~® IoS ©~ r ° m ~ m rm ~ a~ w. ~^ -'m a o 0 0 0 o v~rc z"-^r; z z oa zaU Ym Y X10c. .~ z;~apoQpmy~m Om~Y m~a~M ~~a~ gyp, q Y ~° q Qla A a a ~. d a U < ~ g ~~y g ~~W V• ~I ~ U' O U' U~~ U w J J J ~ U' 'G U °' J ~ l7 '~` $' '' a a la xaaa O,ya .E, y~. rv~M aaaum o Q~~iO a~'O $ow__~~ $~p aaoo OdRoop 'app . >Rnac~Ur tau o"'Uiaa V~'~~yaas~ uauu>4`-~ "u a tt77 d w -' 0. d q W'qq Y Y Y q w M Q W muYim ~ m m W a n W V o W~ a U ro a y m dT w pW ~ O O~ Zw w© ~ C t]w~,++ ~ O? ~~0117 ~l~a U1=-mUW~'~ad`7 ~w,h ~ n~yNmm uJ m vi xq z mR _ cq m $ Sao m X -mJ m ;q ~ m l~ j 0 c7 ~~ n~ n a :"- d a a n~ pJ "' ~ o m ow a Fi w m a m z a M a r r_ _I ~ S S° a m m c o ~ 8 ~I _ a N M .w F U t] iii n P Z !Ul 1 M u ~ ~ a °n s q ~ K ~ uR w Ll ~ a ~ 54 ~ Wi ~ o W Yi., lk" @ O a m u ~ z F ~~ W ~I rc x~ ~ ®, ~ w 6 b I g ~I ~i z ~a a ~ ~ a ~ ~ E tl ~ b W z M p ~ 4 z r ~ I ~~ ~ 2 _ ® ~ n. ~ ¢ ~ p ~ K K b~`il n~ ~nl nl .~I mzrv wo z a a U1 ~ .~ a ^ B _ ~ N ~ y .- ^ rr QI~ a a w ~ $ u ~ N' ~ w m azMe m J I 0 5 w 4 z O n i MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 12, 2004 SUBJECT: A request far a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for stream bank stabilization of a portion of West Mill Creek located at Pirateship Park, 340 Hanson Ranch Road, Tract ENail Village 5th Filing. Applicant; Tawn of Vail, represented by Gregg Barrie Planner: Elisabeth Eckel SUMMARY The applicant, the Town of Vail, is requesting approval of a filoodplain modification, pursuant to Chapter 14-5, Grading Standards, Vail Town Code, to allow for modification to the stream bank of a portion of Mill Creek West, located at Pirateship Park, 340 Hanson Ranch Road, Tract EJVaiI Village 5'" Filing, in order to mitigate further erosion of the stream bank due to heavy foot traffic. Based upon Staff's review of the criteria. in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approve, with conditions, the requested floodplain modification, subject to the findings noted in Section VI[! of this memorandum. lt. DESCRIPTION OF REQUEST The applicant is proposing #o modify a seventeen foot (1 T} portion of the West Mill Creek stream bank located at Pirateship Park, 340 Hanson Ranch Road, Tract ENaii Village Stn Filing. Through the stabilization of eroded sections of the bank further erosion will be avoided. (A vicinity map has been attached for reference [Attachment A]}. The proposed improvements involve the excavation of a portion of the existing bank and the placement of five or six boulders along the stream edge, in the same location as the existing, eroded stream bank. The boulders will be placed as steps into the stream and the top of the stream bank will be leveled to create a path from the play area to the creek. An additional step will be added approximately ten feet from the edge of the stream to make up the grade. The applicant has stated that the boulders will encroach "only slightly into the stream from the existing eroded edge.,." However, "by stepping the stream bank back, the cross section of the stream will actually increase in size". The work will be performed during the early part of September 2004 and will occur simultaneously with the diversion of Mill Creek West into Mill Creek East. The diversion of Mill Creek West into Mill Creek East was planned as a part of the Vail Village Streetscape Project that involves replacing the culverts under Hanson Ranch Road. The coordination of the two projects will prevent the possibility of erosion and sedimentation during the stabilization construction. Any dirt ar sediment resulting from the work on the stream bank will be removed from the stream bed after the boulders have been placed and prior to the release of water back into the Creek. 1 A site plan and cross section of the proposed work are attached for reference (Attachment B}. Additionally, the US Army Corps of Engineers approval letter has been attached (Attachment C}. Pursuant to Section t 2-12-3, Vail Town Code, staff has determined that an Environmental Impact Report is not required for this proposal since it is included as an "alteration, repair anal maintenance of existing structures and site improvements" and "on the basis of a preliminary environmental assessment covering each of the factors prescribed in Section 12- 12-2" this project was not "found to have an insignificant impact on the environment." ill. BACKGROUND The project site, the west stream bank of Mi11 Creek West, is adjacent to an existing playground, Pirateship Park. Mill Creek West is accessible from the play area and has been regularly accessed for the past thirty years. As a result, a section of the stream bank approximately seventeen feet (17'} long has been heavily eroded and the plant material in the area has worn away. The purpose of the project is to reduce further erosion and potential siltation_ The Design Review Board approved the designs review application for Pirateship Park at its ,luly 7, 2004 public hearing. IV. ROLES 01= REVII=WING BODIES Planning and Environmental Commission: The Planning and Environmental Commission is responsible for final approval/approval with conditionsfdenial of a floociplain modification application. Design Review Board: The Design Review Board has no review authority of a floodplain modification, but must review any accompanying Design Review application. Town Council: Actions of Design Review Board or Planning and Environments! Commission may be appealed to the Town Council or by the Town Council. Town Council ewaluates 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 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 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. LJ 2 V. APPLICABLE PLANNING DUCUIMBNTS T©wr~ of Vail Zoning Regulations (Title 12. Vail Town Code1 Section 12-12-2, APPLICABILITY An environmental impact report shaft be submitted to the Administrator far any project for which such a report is required by Federal or State law, or for any project which the Administrator determines may significantly change the environment, either during construction or can a continuing basis, in one or mare of the following respects: ' A. Alters an ecological unit or land form, such as a ridgeline, saddle, draw, ravine, hillside, cliff, slope, creek, marsh, watercourse, or other natural land form feature. B. Directly or indirectly affects a wildlife habitat, feeding, or nesting ground. C. Alters or removes native grasses, trees, shrubs, or other vegetative cover. D. Affects the appearance or character of a significant scenic area or resource, or involves buildings ar other structures that are of a size, bulk, or scale that would be in marked contrast to natural ar existing urban features. E. Potentially results in avalanche,. landslide, siltation, settlement, flood, or other land form change ar hazard to health and safety. F. Discharges toxic ar thermally abnormal substances, ar involves use of herbicides or pesticides, or emits smoke, gas, steam, dust, or other particulate matter. G. Involves any process which results in odor that maybe objectionable or damaging. H. f~equires any waste treatment, cooling, or settlement pond, or requires transportation of solid or liquid wastes to a treatment ar disposal site. 1. Discharges significant volumes of solid or liquid wastes. J. Has the potential to strain the capacity of existing ar planned sewage disposal, storm drainage, ar other utility systems. K. involves any process which generates raise that maybe offensive or damaging. L. dither displaces significant numbers of people ar results in a significant increase in population. M. Preempts a site with potential recreational ar open space value. IV. Alters local traffic patterns or causes a significant increase in traffic volume or transit service needs. 3 D. Is a part of a larger project which, at any future stage, may involve any of the impacts listed in this Secti©n. (ord. 8(1973) ;~' 16.200) . Section ~2-12-3, ENVIRONMENTAL IMPACT REPORTS, EXEMPT PROJECTS An environments! impact report steal! not be required for the following projects: A. Alteration, repair and maintenance of existing structures and site improvements. B. A phase of a project far which an environmental impact report previously was submitted and reviewed covering the entire project, provided that the project was approved and not subsequently altered. C. A project which, on the basis of a preliminary environmental assessment covering each of the factors prescribed in Sectr'on 12-12-2 of this Chapter is found to have an Insignificant impact on the environment. The preliminary environments! assessment and the finding on environmental impact shat! be made by the Administrator. (Ord. 8(1973) § 16.300) Section 12-2~-10E, HAZARD REGULATIONS, DEVELOPMENTRESTRICTED (in Pad) A. No structure steal! be built in any flood hazard zone or red avalanche hazard area. IVo structure shall be built on a slope of forty percent (40%) or greater except in Single-Family residential, Two-Family Residential, or Two-Family f"rimary/Secondary Residential Zone Districts. The Perm "structure" as used in this Section does not include recreational structures that are intended for seasons! use, not including residential use. E. The Administrator may require any applicant or person desiring to modify the flood plain by fill, construction, channelization, grading, or other similar changes, to submit for review an environments! impact statement in accordance with Chapter 1~ of this Title, to establish that the work will not adversely affect adjacent properties, or increase the quantify or velocity of flood wafers. Town of Vail Develar~ment Standards Handbook (Title 14, Vail Town Cade] Chapter 14-~, DEVELOPMENT STANDARDS HANDBOOK, GRADING STANDARDS (in part} FJoodplain Standards: a No grading is permitted in the 100-year floodplar`n without Planning and Environments! Commission approval. If an applicant wishes fo grade into the 100-year floodplain, an environmental impact report is required. The environmental impact report shall include impacts to vegetation, riparian ~ ' areas, appropriate hydraulic engineering calculations to showno increase in 4 water surface profile and velocity, as well as stating that there will be no adverse impacts to adjacent properties. fJQ permanent improvements shall be constructed wiihin t' of the floodplain line. The fJaodpJain line shall be determined by a registered professional land surveyor by plotting the appropriate elevation of the floodplain on a maximum 1 "-20' topographic 2' contour map using the adapted Tr~wn of Vail flood profiles (the Federal Emergency Management Agency Flood Insurance Study). The topographic survey shall reveal the method for determining the starting paint and the starting elevation for the flaodpJain delineation. A site specific study performed by a Professional Engineer per FEMA guidelines and approved by the Town of Vail and FEMA maybe required 1JI. PRELIMINARY ENVIRONMENTAL ASSESSMENT In accordance with Sub-section 12-12-3C, Vail Town Code, Staff has conducted a preliminary environmental assessment covering each of the factors prescribed in Section i2-t2-2, Vail Town Cade. The applicants response to the criteria in sub-section t2-t2-3 has beer? attached for additional reference (Attachment D). A. Alters an ecological unit or land form, such as a ridgeline, saddle, draw, ravine, hiillsiide, cliff, slope, creek, marsh, watercourse, or other natural land . form feature. Staff response: This proposal will have an insignificant impact on these factors. S. Directly or indirectly affects a wildlife habitat, feediing, or nesting ground. Staff response: This proposal will have an insignificant impact on these factors. C. Alters or removes native grasses, trees, shrubs, or other vegetative cover. Staff response: This proposal will have an insignificant impact an this factor since native grasses and vegetation are non-existent due to erosion. D. Affects the appearance or character of a significant scenic area or resource, or involves buildings or other structures that are of a size, bulk, or scale that would be in marked contrast to natural or existing urban features. Staff response: This proposal will have an insignificant impact on this factor. E. Potentially results in avalanche, landslide, Siltation, settlement, flood, or other land farm change or hazard t® health and safety. Staff response: This proposal will have an insignificant impact on this factor. F. Discharges toxic or thermally abnormal substances, or involves use of herbicides or pesticides, or emits smoke, gas, steam, dust, or other 5 particulate matter. Staff response: This factor is not applicable to this proposal. G. [nvolves any process which results in odor that may be objectionable or damaging. Staff response: This factor is not applicable to this proposal. H. Requires any waste treatment,. cooling, or settlement pond, or requires transportation of solid ar liquid wastes to a treatment or disposal site. Staff response: This factor is not applicable to this proposal. I. Discharges significant volumes of solid or liquid wastes. Staff response; This factor is not applicable to this proposal. J. Has the potential to strain the capacity of existing or planned sewage disposal, storm drainage, or other utility systems. Staff response: This factor is not applicable to this proposal. K. Involves any process which generates noise that may be offensive or damaging. Staff response: This factor is not applicable to this proposal. L. dither displaces significant numbers of people or results in a significant increase in population. Staff response: This factor is not applicable to this proposal. l4'1. Rreempts a site with potential recreational or open space value. Staff response: This factor is not applicable to this prc~pasaL N. Alters local traffic patterns ar causes a significant increase in traffic volume ar transit service needs. Staff response; This factor is not applicable to this proposal. Q. Is a parr of a larger project which, at any future stage, may involve any of the impacts listed in this Section. Staff response: This factor is not applicable to this proposal. r 6 Vll. CRITERIA AMID FIt~IDINGS A. The f'lanninn and Environmental Commission shag! consider the following criteria when reviewing an aoolication for a modification to the floodplain: The proposed floodplain modification will not increase the quantity or velocity of flood waters. Staff response: Though the width of the streambed will increase slightly, the quantity or velocity of flood waters would not be affected. 2. The proposed floodplain modification will not adversely affect adjacent properties. Staff response: This proposal will not adversely affect adjacent properties, a fact which the Town of Vail Floodplain Coordinator has reviewed and confirmed. B. The Planning and Environmental Commission shall make the following findings, before a~orovina a fioadglain modification: 1. The proposed floodplain modification will not increase the quantity or velocity of flood waters. 2. The proposed floodplain modification will not adversely affect adjacent properties. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approve, with conditions, the proposed floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of a portion of the stream bank of Mill Greek West located at Pirateship Park, 340 Hanson Ranch Road, Tract ENail Village stn Filing. Staff's recommendation is based on the review of the criteria in Section VII of this memorandum and the evidence presented, subject to the following findings: The proposed floodplain modification will not increase the quantity or velocity of flood waters. 2. The proposed floodplain modification will not adversely affect adjacent properties, 3. Pursuant to Section 12-12-3, Vail Town Code, submittal of an Environmental Impact Report is not required for this proposal. Should the Planning and Environmental Commission choose to approve this floodplain modification request, the Gommunity Development Department recommends the following conditions: 7 The applicant shall submit a stamped Improvement bocatian Certificate and "as-built" topographic survey to the Tawn of Vai9 Community Development Department for review and approu~l, prior to Tawn of Vail final construction inspection. 2. The applicant shall cornpiy with all requirements of a!I necessary state and federal permits and approvals. IX. ATTACHMENTS A. Vicinity Map B. Site plan and cross section of work C. US Army Gorps of Engineers approval letter D. Applicant's response E. Public Notice • AttacYrment A 0 r ~~ ~ ~ ~~ Q ~~-' w ~ ~- ~ ~° a ~~~ J ~ u ~~ rte' ~ o ~~, i5- ~~\ ~.. `~ ~' a `~ ~w ~~ ~ ~ r u ~ ~ ~ c ~ w J "a . L.~-- ~ ~ ~ ~ ~ ~ ~ r ~ ~ ~ .~ ~ ~ .z ~~~ ~ ~, Y d °~ r ~- f } !JJ ~ ~ ~ CCU Q ~ ~ ~.. ~ ~ t~- 4- s~ff s f ~ `~ ~. ~ ~ r ~ . ~r .,..~ r ~~ ~~ z~ o~ w `~ ~~ ~_ a Q /~ ~,~" ~~~ ~~ ~~ ~~ ~~ ~~ ~ u+~' ~~~ " o ~ ~' ~ a ~' o J ~r ~~ Q ~ O d lV J ~?o ~ w ~' ~ zw z ~~ ~ .. s ~~ r/ .~ '' f ~, r ~~ ~~ o _ CCS ,~ ~ ~ ~ _~ "~' ~ ~' ~ ~ ~ ~ ~ ~~"~" ~ Q ~~ Kati `5 ~ ~- o °~~~ ~ o ~°~'~ za~.d~ I~ ~~ aZw~ ~~ op Qd~~ ~~ o, i I O ~~ m W G Z ~~~ t`~ ~ ~ dYt7 ~4S ~ ~~~ ~~ C} m 4- ZN U `~ ~d ,~ w~ ~~ 0 ~~ ~~ ~ ~, ~w rm ~ ~" - ~ ~.~ ~ ~~ ~ ~ ~ ~. .~ \~ m~ r ~' •-- O~ to ~ ~ ~ o © ~ rn .~ a cv ~ o ,~+" m (~,, k ~ ~~ ~^.. ~~ O ~"" 4~ Z~ ~~ 6~1t ~ st k 1~ rn u,~ U t11 ~. U ~~ a~ m ~- hU u~ `~ W O ~ W O Attachment G DEPARTi1JtEMT IDFTHE A~tiviY U.S. ARMY ENGINEER DISTRICT, SACRAiUlENTO CORPS OF ENGINEERS 1325 J STREET REPLY TO SACRAMENTO, CALIFORNIA 55814-2922 ATTEIJT{ON pF June $, 2004. Regulatory Branch (200475224} Mr. Gregg Barrie Town of Vail 1309 Elkhorn Drive Vail, Colorado 81&57 ]ear Mr. Barrie: "~• J We are responding to your May lI, 2004, request for a Department of the Army permit for the Pirateship Park and Mill Creek streambank stabilization project. This project involves activities, including discharges of dredged or fill material, in waters of the united States to reconstruct. the right descending bank of Mill Creek at Pirateship Park. This site is located within the NW 1/4 of Section $, Township 5 South, Range 80 West, Latitude 39° 38' 22.5'x, Longitude 106° 22' 18.5`x, Eagle County, Colorado. Based on the information you provided, the proposed activity ,s authorized by Nationwide General permit number 13. Your work must comply with the general terms and conditions listed on the enclosed Nationwide Permit information sheets and the following special conditions: special Candii~ions: 1. To document pre and post-project construction conditions, you shall submit pre anei post-construction photos of the project site within 30 days after project completion_ 2. You shad plant and maintain regionally appropriate native riparian plants at a 1:1 replacement ratio along the affected reach of Mill Creek, to mitigate project impacts to the aquatic resource ar~d associated habitat as presented in your application. 3. You must sign and return the enclosed Compliance Certification to this office within 30 days after completion cif the work. This verification is valid for two .years from the dot's of this letter, ear until the Nationwide General perr~it is modified or expires, whichever comes first. r i s ,~ t _ ~;~~: It is incumbent upon you to remain informed about changes to the Nationwide Permit Program and to ensure that all contract and construction personnel are familiar with the terms and conditions of this permit. Please refer to identification number 200475224 in correspondence concerning this project. If you have any questions, please contact Mr. Mark Gilfillan at the address below, email Mark.A.Gi1fi11anCusace.army.mil, or telephone 970-243-x.199, extension 15. You may also use the Regulatory Permits link on our website. www.spk.usace.army.mil. Sincer,~ly, ~~ :. n ,~ aco son hief, olorada/Gunnison Basin. e atory Office 400 Road Avenue, Room 142 Grand Junction, Colorado 81507.-2563 Enclosures Copy furnished without enclosures: Mr. Ron D, Velarde, Colorado Division of Wildlife, 711 independent Avenue, Grand Junction, Colorado 81501 Eagle County, P©st ©ffice Box 8.50, Eagle, Colorado 81631 • L~ v s~ '*) i• ~i~owxoFy~ Department aj~Public Works & Transportation 1309 ~'lkharn Drive I/ail, Colorado 81657 970-479-Z1 SS Fax; 97D-479-2166 www vailgav eam To: Bill Gibson, Planner Department of Community ©evelopment From: Chad Salli Town of Vail Flood Plain Coordinator RE: Pirateship Park Stream Bank Stabilization Date: June 1, 20(14 Attachment D Pursuant to Section 12-12-3 (A}and {C} of the Town of Vail Code, the Pirateship Park Bridge Replacement Project will not require an Environmental impact Report (EiR} for the following reasons: 12-12-3: An environmental impact report shall not be required for the following projects: A. Alteration, repair and maintenance of existing structures and site improvements. This project is required maintenance on a welC used and worn area in an existing park in order to prevent further stream bank erosion and sedimentation. C. A project which, on the basis of a preliminary environmental assessment covering each of the,factars prescribed in Section 11-1~'-2 of this Chapter is found to have an insignificant impact on the environment. The preliminary environmental assessment and the f riding an environmental impact shall be made by the Administrator. Through a preliminary environmental assessment of the items in Section 12-12-2, the Administrator has found that this project will have insignificant impact on Items A,B,C,D,E=, and C~. The remaining items are not. app{icable to this project. Also, after reviewing existing ffoodplain information and considering the net increase of the stream crass section at this location, it is my opinion that the construction of this project will not adversely affect adjacent properties. Sincerely, Chad Salli ~... Town of Vail Floodplain Coordinator • ~ ~ accrc~~p r..~e~En Attachment E TIiIS ITEM MAY AFFECT YO~1R PROPERTY PUBLIC NOTICE ~nw~oeun¢' ~~ ~ NOTICE IS HEREBY GNEN that the Planning and Environmental Commission of the Tawn of Vail will hold a public hearing in accordance with Section 12-~-6, Vail Town Code, on July 12, 2Q04, at 2;QQ PM in the Town of Vail Municipal Building, in consideration of: A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No.4, Gascade Village, to allow far a new development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, inc. Planner: Bi11 Gibson ' A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Cade, to allow for stream bank stabilization within the Mi11 Creek flaadplain, located at Tract E, Vail Village Filing 5 {near Pirate Ship Park}, and setting for details in regard thereto. Applicant: Town of Vail Planner: Elisabeth Ecke[ The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Deparkment, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Gommunity Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please ea11 (970) 479-2356, Telephone for the Hearing Impaired, for information. Published June 25, 2004, in the Vail Daily. • C MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: .July 12, 2004 SUBJECT: A request for a conditionaC use permit, to allow for employee parking 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 Parcel., in accordance with Section 12-71-5, Vail Town Cade and variances from the #andscaping requirement associated with Section 12-7E-15 and the paved surface requirement associated with Section 14-5, Vail Town Cade. Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Co-Applicant: The Town of Vail Planner: Matt Gennett I. SUMMARY The applicant, Vail Resorts, represented by the Mauriello Planning Group, is requesting a conditional use permit to allow employee parking at the "Holy Cross" Lot., 923 and 862 South Frontage Road West, and is requesting two variances: a deviation from the minimum landscaping requirement associated with ©ff-Street Parking and Loading areas and a deviation from the paving requirement associated with Qff-Street Parking and Loading areas. Pending approval from the Planning and Environmental Commission, the lot will. cantinas in its use as a parking lot until mid- November, 2005, Staff is recommending approval of these requests subject to the findings and conditions outlined in Section IX of this memorandum. II. DESCRIPTION OF REC~UEST The applicant, Vail Resorts, represented by the Mauriello Planning Group, is requesting a conditional use permit in accordance with Section 12-71-5, Vail Town Cods, to allow for a private parking lot on the Holy Cross site. Additionally, the applicant is requesting the following: a variance from Title 14, Section 5 of the Dsvsloprnent Standards Handbook, to allow for a deviation from the minimum interior landscaped arsa of 10% that is required for an unenclosed off-street parking area containing 15 or more spaces; and a variance from Title 14, Section 5 of the Development Standards Handbook, to allow for the construction of an unimproved, gravel parking surface at the site located at 923 South Frontage Road V11estCl ract A. The site on which the parking lot is proposed is complicated fior several reasons. A portion of the proposed parking lot is being develapsd within the Town's Red Sandstone right-of-way parcel which divides Tract A and f3 as well as an a parcel owned by CDaT. Vail Resorts has obtained permission from GDOT to use the portion of the parcel that is owned by CDQT and is working to acquire this piece of property. The current request will allow the operation of an unpaved parking area for the 20D4- 2005 ski season as the first of two phases of a larger, more permanent paved solution. The reason far the request to allow the parking to be unpaved for one additional year is to provide adequate time for the Tawn of Vail to explore the development of a parking structure on this land. If it is decided that a parking structure is not feasible, Vail Resorts will complete the paving of this lot according to the proposed plan by November 20Q5. 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 completed aclean-up of the Holy Cross parcel by removing inoperable vehicles "stored" an the site, improving the visual apsects of the site remarkably. Phase 1 of the project will provide a total of 291 parking spaces and will be open to Vail Resorts' employees only. Phase 2 of the project will also accommodate approximately 291 employee spaces and therefore replace all of the West Day Lot parking and a portion of the North Day Lot employee parking. Phase 1 will also complete the required Frontage Road improvement for which Vail Resorts has a permit from CDQT to complete. All of the drainage and landscape improvements will also be completed. Anew snowcat route is provided at the west end of the site, thus removing snowcats from Forest Road, along-standing goal of the Town and the neighborhood. 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 Red Sandstone Creek. New drainage inlets and a soilfsand separator are being provided. 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 lot and in temporary locations within the parking lot. Directional signage has been proposed by the applicant and will be discussed further should a conditional use permit be approved. The construction of the proposed unpaved parking lot requires the review of two applications. The first application includes two variance requests: to construct the • • 2 parking got 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 II zone district requirements. Additionally, the landscape variance will allow for the permanent, paved parking Iot if a parking structure is not pursued by the Town or Vail Resorts. III. BACKGROUND Holy Crass Parcel {Tracf A) Prior to Vail Resorts' 1985 purchase of Tract A, the parcel proposed to be used as a. parking area for Phase 1, the lot was used by Vail Resorts and Holy Crass 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 Vaii 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 Tawn. The site was used for landscape equipment and material storage for Fitz and Gaylord landscaping and vehicle storage for Vail Resorts (70 unpaved spaces). The approval lapsed in July of 2003 and a new conditional use permit, identical to the one contempla#ed herein, was approved by the PEC in fJctober, 2003 and is due to expire in ©ctober, 2004, which is why the applicant is applying for this new conditional use permit and associated variances. A historical concern about the use of this lot has been 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 Raad, Last year, the site was cleared of abandoned vehicles and assorted 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 required 57 employee parking and snowcat parking spaces for the uses onsite. IV. ROLES flF THE REVIEWING BOARDS Gonditional Use Order of Review: Generally, applications will be reviewed first by fhe PEG far acceptability of use and them by fhe DRB far compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The PEC is responsible far final approvalldenial of Conditional Use Permits The PEC is responsible far evaluating a proposal far: 3 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on lighf 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 1 ~ 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 Nq review authority on a Conditional Use Permit, but must review any accompanying DRB application. The DR'B is responsible for evaluating the DRB proposal for: - Architectural compatibility with other structures, the land and surroundings - Fitting buildings into landscape - .Configuration of building and grading of a site which respects the topography - Removal/Preservation of trees and native vegetation - Adequate provision far 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 accessary 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 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, ar 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. Variance C}rder of Review: Generally, applications will be reviewed firsf by the PEC far impacts of the proposed variance acrd then by the DRB for compliance of proposed buildings and site planning- Planning and Environmental Commission: Action: The PEC is responsible for Erna! approval/denial of a variance. The PEC is responsible for evaluating a proposal 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 enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population,. transportation and traffic facilities, public facilities and utilities, and public safety. ~- Such other factors and criteria as the Commission deems applicable to the proposed variance. Design Review Board: Action: The DRB has NO review authority an a variance, but ,must review any accompanying DRB application. The DRB is responsible for evaluating the DRB proposaC 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 - RemovalfPreservation 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 ali submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project. with respect to the required criteria and findings, and a recommendation on approval, approval with conditions,. or denial. Staff also facilitates the review process. Town Council: Actions of DRB or PEC may be appealed to the Town Council or by the Town Council. .Town Council evaluates whether or not the PEC ar DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V. APPLICABLE PLANNING DOClJMENTS Town of Vail Zoning Regulations 92-7 Lionshead Mixed Use 2 {LMU-2) Districf: 92-71-1: PURPOSE.' The Lionshead Mixed Use 2 District is intended to provide likes for a mixture afmultIple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, light industriaC 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 encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. 6 This Zone District was specifically developed to provide incentives for 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 gross residential float 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. {Qrd. 3(1999) § 2} 12-71-5: GONDITIQNAL USES,` GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE C1F A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 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. Public or privafe parking lafs. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehousing. i 7 Additional uses determined to be similar to conditionai uses described in this section, in accordance with the provisions of section 12-3-4 of this title. (Ord. 17(2000 § 2: Ord. 3(1999) ~ 2~ 72-16 Conditions! Use Permit (in part) 12-1fi-1: PURPOSE; LIMITATIONS: In order to provide the tlexibilify necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluatiar~ sa that they may be located properly with respect fo the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended ro 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 wi11 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 {Ord. 8{9973) § 18.1gD) 12-17 Variances {in part) 12-17-1: PURP©SE.~ A. Reasons For Seeking 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 maybe granted. A practical difficulty or unnecessary physics! hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions an the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. 12-17-7.~ PERMIT APPRQVAL AND EFFECT.' Approval of the variance shall lapse and become void if a building permit is naf obtained and construction not commenced and diligently pursued toward completion within two {2) years from when the approve! becomes final. {Ord. 48 {9991) § 2: ©rd. 1fi{1978) § 5{c)) 12-97-8: RELATED PERMITS AND REQUIREMENTS: ~ Jn addition fo the conditions which may be prescribed pursuant fo this chapter, any site or use subject to a variance permit shall also be subject to all other procedures, permits, and requirements of this and other applicable chapters and regulations of the town. !n event of any conflict between the provisions of a variance permit and other permit or requirement, the more restricfr`ve provision shall prevail. {Ord. 8(1973) § 19.900) 8 Title 14 Development Standards Handbook Chapter 5 Parking Lot and Parking Structure Design Standards F'or All Uses (in part) Surfacing: All parking areas shall be an improved paved surface Landscaping: Not less than 10% of the interior surface area of unenclosed off-street parking areas confaining 95 or more parking spaces shall be devoted fo landscaping. !n addifion, landscape borders not less than 10 feet in depth steal! be provided at all edges of parking lots containing 30 or more parking spaces. A landscape berm, wall, or fence of not less than 4 feet in height, of the same architectural style as the building, in combination with landscaping may be substituted for the landscape border. In developments with cross-access or shared parking facilities, the landscape border between the development shall not be required. Lionshead Master Plan The Lionshead Master Plan, adopted December 15, 1998, references the proposed use and specifically the Holy 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 fhe South Frontage ,Road on the east and south and Red Sandstone Creek on the west, currently contains a wide variety of mountain operation functions such as snowcat service and fueling, warehouse storage, and maintenance shops. While fhe service yard is critical to Vaif Associates' mountain operations there is a strong interest on the part of the Town of Uail to see the majority of These facilities relocated on-mountain. According to Vail Associafes it may be possible to relocate many of the facilities, but the snow cal service and fueling operations must remain of or near its current location, Section 3.9.4 Vail Associates Employee Parking Vail Associates currently utilizes two large surface parking lots within the study area for its employee parkr'ng needs. The north day lot (see figure 3-95,1, with a capacity of approximately 105 cars, is located behind fhe Landmark tower and is the site proposed for a transportation center. The west day lot, located just west of the Harriett parking structure, has an approximate capacity of ? 60 cars and represents a significant development opportunity. Parking displaced by redevelopment of fhese sites must be repfaced within the Lionshead study area to satisfy the ground rule requiring no net Loss of parking. 9 • Seotion 4.8.3.3 Potential New Parking Sites a. West Lionshead./'/ail Resorts Maintenance Site The corastrucfion a second public parking structure of the west end of Lionshead has been a planning consideration since the completion of the Vai! Transportafion Master plan in 1991. This site is currently undeveloped (except for the Uail Rssociates maintenance yard) and is large enough to meet projected parking demand. !t is well located in relafian fo the potential new eastbound 1-70 access ramps. Potenfial logistical fiurdles to the use of this sife are as follows: VI. SURROUNDING LAND USES AND Z+aNING Land Use Zonin4 North: 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. ZONING ANALYSIS Legal Description: Holy Cross Site, 923 South Frontage Road WestJTract 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 B 141,744 s.f. Tract A 53,143 s.f. Red Sandstone Road Parcel {TDV} 14,418 s.f. -70 R,O.W Parcel 26B - 13,242 s,f. 222,547 s.f. Parking Area Area of the proposed parking area: 72,757 s.f. Landscape Area Area left undisturt.~ed {Tract B) 5,338 s,f {4%) Area left undisturbed {Tract A) 23,637 s.f. {44°Jo} Area left undisturbed {T4V parcel} 0 s.f. {0%} Area lefk undisturbed {I-70 pacel} 8,404 s.f. {63%°} °fo landscaped on Tract A, I-70, & TOV 40% %° landscaped on all parcels 17% V111. CRITERIA AND FINDINGS FC3R REVIEW Conditional Use Permit 10 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 boated 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: Relationship and impact of the use an 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 three conditional use permit approvals by the PEC (1990, 20x1 and 2003) 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 "musf be replaced within fhe Lionshead study area fa satisfy fhe ground rule requiring no nef lass of parking." 2, Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and ether public facilities and public facilities needs. Staff believes the proposed parking area meets the purpose and intent of the above criteria. The proposed parking area will provide an improved parking situation for Vail Resorts employees and create safer conditions far visitors on the South l=rootage Road. The functionality of the South Frontage Road will 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, ands removal of snow from the streets and parking areas. dl Staff believes that the proposed parking area is a positive improvement in terms of the above criteria. The anticipated reduction of parking on the South Frontage Road, due to increased parking availability for Vail Resorts employees, will result in reduced congestion, increased safety for employees and skiers, and improved traffic flow. 4. Effect. upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The above criterion is not relevant to the proposed parking area as there are no buildings associated with this proposal. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this Title and the purposes of the district in which the site is located. 2. That the proposed location of the use and' the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, yr 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 ar literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the sire, shape, or dimensions of a site or the location of existing structures thereon; from Topographic ar physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cast or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason far granting a variance. The applicant has requested a variance from Title 14 Chapter 5 of the Development Standards Handbook, Parking Lat and Parking Structure Design Standards For All Uses. According to Title 14 Chapter 5 "A[I parking areas shall be an improved surface." Furthermore, it states; "Nof less than 10°fo of the iJ7terior surface area of unenclosed off-street I parking areas confar'ning 15 or more parking spaces shelf be devoted to landscaping. In addition, landscape borders not less than ~'0 feet in depth shall be provided at elf edges of parking Pots containing 30 or more parking ~ f spaces. A landscape berm, wall, or fence of not less than 4 feet in height, of ~ 12 fhe same architectural style as the building, in combinafi©n with landscaping may be subsfifufed far the landscape border, In developments with crass- access ©r shared parking facilities, the landscape border between the development shall not be required." The applicant is requesting a variance to allow for the continued use of a gravel surfaced parking facility with no interior landscaping. Section 12-17-6, Criteria and Findings, of the Vail Town Code, prescribes the criteria to be used by the Planning and Environmental Commission when considering a request for a variance. According to Section 12-17-6, Criteria and Findings, Before acting on a variance application, the Planning and Environmental Commission shall consider the following factors with respect to the requested variance: 9. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed parking area will have little to no negative affect on uses and structures in the vicinity. The proposal will allow the Town of Vail and Vail Resorts mare time to develop additional parking for the public. Allowing an unpaved surface makes the public parking solution less urgent. 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 relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatilbility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special priivilege. Staff believes that the proposed parking area will be a major benefit to the community in providing a larger parking area for the employees of Vail Resorts. A requirement 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 make them happen are very unique and common only to very few 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% of Tract A, I-70 property, and the TOV 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. 13 The proposed variances include the cleanup of one of the Town's least attractive sites. The proposed parking area will greatly improve transportation, traffic, and public safety. The maintenance of the berm and maintaining the riparian area of Red Sandstone creek is critical in buffering the site from adjacent land uses. ~. Such other factors and criteria as the Commission deems applicable to the proposed variance. 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 an 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, ar materially injurious to properties or improvements in the vicinity, 3. That the variance is warranted far one ar more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone, c. The s#rict 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. I~. STAFF FtECaMMENDATIQN 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 Lat 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 for a conditional use permit to allow the construction of a private parking lot at the Holy Crass Site, located at 923 and $62 South Frontage Road WestlTract A, Tract B, I-70 R.C~W. Parcel 266, and Red Sandstone Rd Parce 1. 1. The conditional use permit shall expire an November 1, 2006 unless the parcel is paved according to the approved plan, in which case the conditional use permit will not expire. 14 - 2. The applicant shall maintain and operate the proposed parking Ivt at an appropriate level of cleanliness by providing trash receptacles on the site for use by Vail Resorts' employees. 3. Parking delineation within the site shall be through simple ropes and flags, communicating the appropriate spaces and efficiently maximizing the site. Should the Planning and Environmental Commission choose to approve with conditions the applicant's requests, staff recommends that the following findings be made as part of the motion: 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 Lionshead 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 wilt not be detrimental to the .public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the temporary parking facility will comply with each of the applicable provisions of the Town of Vaii Zoning Regulations Variance The planning and environmental commission shall make the following findings before granting a variance: Thaf the granting of the parking !ot surface and landscape variance wilt not consfitute a grant of special privilege incansisten[ with the limitations on 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. That the granting of the parking lot surface and landscape 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 the following reason; The stricf ar literal interpretation and enforcement of the parking lot surface acrd landscape area regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the General Use zone district given the amount of hardscape area required on the 15 Bevel©pment site to comply with the applicafale planning documents of the Town of Vaii. 7f. ATTACHMENTS A. Vicinity Map B. Letter from the applicant with reduced copy of proposed plans D. Public. native • 16 Attachment: A At#achment: ~ Vail Resorts Holy Cross Parcel Employee Parking Area Lionshead -A~p'Irca~.r'on.~ for Conditlo~al Llse Pell~~lt, T~arr'ar~ce, arld I]esxgrl Re ire w June ZaQ4 Prepared by: ~~ Nlauriello Planning Csraup 1. Introduction Surlunary of.Praposal Last fall the Town of Vail Planning and Environmental Coininission approved a proposal to create additional parking on the Holy Cross parcel located west of the Vail Resorts rrraintenance facility: The approval allowed the parking surface to be unpaved and granted a vanance from the interior landscaping requirement of the Town's development standards. One of the conditions of approval of that application requires the owner to obtain approval for and complete construction of permanent paved parking byl~ovember 2004, The Town of Vail staff has requested that Vail Resorts postpone paving the parking lot until invesugatian and discussion can occur about the potential for ajoint-venture parking structure on this parcel. Vail Resorts is applying for a conditional. use permit and variance to allow all required improvements except the paving of the parking area. This application will allow the owner to provide a total of 291 parking spaces on both the Holy Cross and maintenance sites. If the conclusion of the Town of Vail and Vail Resorts is not to pursue a parking structure at this location, then tlae Holy Cross Lot will be paved according to the proposed plan byI'~Tovember of 2005. In order to facilitate the construction of this parking area, two minor variances must also be approved. A variance froFxi the interior landscape requirement (7,410 sq. fc. required, 4,$2$ sq. ft. proposed) will again be necessary and a snow storage variance (22,231 sq. ft. required, 17,922 sq. ft. (plus 9,554 sq. ft, temporary) proposed) will be required in order to ;7~ the amount of employee parking being provided. Along with the parking improvements, Vail Resorts is also proposing laneage improvements to the South Frontage Road that will improve traffic flow and reduce vehicular conflicts in this area. These roadway improvements also include a 10' wide separated bicycle path on the south side of the road, CDOT has approved the proposed ir.nprovements and has issued pem-uts to begin this work. Extensive landscape and drainage improvements around the perimeter of both the Holy ~'~ross and maintenance site. The proposed landscaping will screen the new and existing 11Se5. The proposed parking area is proposed to offset the "no net loss" of parking as required by the Lionshead Redevelopment Master Plan. Only Honor cosmetic changes are proposed to the Maintenance Center uses as part of this parking proposal and therefore those improvements will generally remain as they exist today. 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-waythat was abandoned when I-70 was constructed in the 1970's. This right-of-way used to connect I~ighway6 to Potato Patch prior to the existence of Interstate 70. This right-of-way parcel has been used • Vail ~esores - 11o1y ~r055 ParKing Mauriello Planning Group, LLC by Vail Resorts and Holy Cross Electric for parking and storage for the past 25 years or more. The Town is in the process of transferring ov~rnerslup of this parcel to Vail Resorts. • Key Elements of the Proposal Key elez~ents of the plan include: • Improved safety and function of the South Frontage Road • Improved parking capacity for skiers and employees • Improved organization and function of employee parking facility • Seeond step in a long-term redevelopment of property and replacement of employee parking in Lionshead • Vail Re5ar~5 -- Holy GraSS Parkang 2 Mauroello Planning Groin, LLC 2. Description of the Project Backgmr~nd Holy Cross Parcel (Tract A~ Vail Resorts obtained title to the Holy Crass parcel in 1995. Prior to abtairting ownership of the parcel, Vail Resorts and Holy Crass Electric used the site for storage of vehicles and equipment. In 1990 the Town of Vail approved a conditioral use permit and variances to allow the site to be utilized for parking and storage of Holy Cross Electric 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 permit for the site to be used again for vehicle storage as well as the storage of landscape equipment and materials for Fitz and Gaylord Landscaping. This approval allowed use of the same area of land as the 1990 approval but this approval limited the nurxaber of stored vehicles to 70 (these vehicles are no longer stored onsite). The approval allowed the parl~ing surface to be unpaved. This approval has since expired. Last fall the PEC approved an unpaved employee parking area an this site with a condition that the owner return with a permanent paved parking solution by November 2Q04. Mantenance Center lTract By In 1993 the Town of Vail approved a conditional use permit allowm.g an expansion of the Vail Resorts Maintenance Center. That expansion allowed a building addition, which contained offices, meeting areas, locker rooms, and storage. The parking requirement for the uses proposed on-site was 57 parking spaces. This was based upon the actual employee count on the largest shift for the site. While there have been changes to the operation of the maintenance center over the last 13 years (i.e., more snoweats stored an the mountain) the number of employees generated by the uses an the site remains at 57. ~mject Cvmporlerlts As stated above, the project includes a general cleanup and improvement of the Haly Cross parcel and maintenance center, Many of the overall project components do not require PEC approval as they are maintenance items. The proposed plan re-organizes and provides additional parking spaces on the Holy Crass parcel for 234 additional parking spaces 291 proposed for bath sites, 57 required far existing uses). This provides parking for all of the employee spaces found on the West Day Lot (160 spaces) and a portion of the parking proposed to be displaced from the North Day Lot X105 spaces existing). 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 Vail Re,orts -holy Gross Parking 3 Maur~ella Planning Group, LLC with a gate to prevent trespass and to motutor the use of the lot. A left tum lane is being added to the Sautla Frontage Read to allow efficient access to the site. CDOT is requiring drainage improvements around the entire site as part of the access permit. 'Those improvements include creating a Swale and ixzstalling a culvert an the north side of the property (along I-70} to divert drainage towards the Red Sandstone Creek and making improvements to swales along most of the frontage of the South Frontage Road. See the site plan far a depiction of these improvements. The applicant is also proposing a separated bicycle path adjacent to the ERWSD site on the south side of the road. CDOT' has issued a permit for this path as well. CD(]!T has approved a new driveway for snowcats to cross the South Frontage Road and to allow an additional exit for cars. This new snowcat access. will improve the #'unction and general conditions of Forest Road,. which has been a goal of the Town for son--e time. Pedestrian. access and circulation will occur internal to the site and cross the South Frontage Road at the intersection with West Lionshead Circle to the existing sidewalk located on the south side of West Lionshead Circle and the west side of the South Frontage Raad. 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 Lions lac ~a~~. .A portion of the proposed parking lot is being developed v~xthin the Town's Red Sandstone right-af-way parcel, which divides Tract A and B as well as an a parcel owned by GDpT. In order to facilitate this protect, the Tawn zs ca-applicant and is allowing the use of this pareeI. Vail Resorts is in the process of obtaining ownership of both of these parcels. ~nterr'©rLarrdsc3pe L'ariar~ce As stated previously, the applicant is seeking a variance from the interior landscape requirement for this parking area. A variance was granted for unpaved parking with the November 20Q3 approval but it was unclear as to whether this variance transferred to the permanent improvements. The interior landscape requirement requires that 10% of the paved area include "islands" of landscape to help beautify parking areas. The current proposal provides 4,82$ sq. ft. {6.5%) of internal landscaping whereas 7,410 sq. ft. {1Q%) is required. Internal landscaping is an important need in commercial developments that invite the general public, This type of landscaping helps reduce the impact of large expanses of pavement and generally helps to screen parking within a parking lot. Most commercial parking lots are very open to d1e view of passing motorists as customers are being attracted to the site. In this ease an employee parking area is being provided for ski mountain operation. The Iot is not available to the general public and is located in a more industrial area of Vail, The site is proposed to have extensive perimeter screening with Vail resorts - I~oly Crops Parking 4 Mauriello Planning Groin, LLC new and mature plant materials. So the effect of the variance is minimized due to location, the use of the lot, and the extensive landscape screening that is occurring. Additionally, internal landscaping reduces the number of parking spaces that can be provided, Employee and guest parking has been an issue in Vail for the last 10 or more years. The goal of the To4vn to provide adequate parking would seem to out weigh the necessity for internal landscaping. Snow Storage The Town of Vail development standaz°ds require that an area equal to 30% of paved parking areas be provided as snow storage. The proposed plan provides 17,922 sq. ft. (24%} of snow storage, which is 4,309 sq. ft. short of the required storage area. This site is unique in that owner is in the business of plowing, shaping, and moving snow and therefore the owner has the ability to remove snow from the site soon after a storm event. In addition to providing 17,)22 sq. ft, of perz~~anent snow storage, the owner is providing a temporary snow s#orage area (9,554 sq. ft.} where snow can be piled until it can be removed by a truck. This area, along with the permanent snow storage areas is 5,245 sq. ft. in excess of the amount of storage required by the Town's development standards. This applicant is requesting a variance to allow for partial snow removal rather than storing 100% on-site and has demonstrated a unique ability to perform this removal. Unpaved Parking The Town of Vail staff has requested that we not mover fon~vard with paving the parking area until there has been ample time to explore the opportunity to provide structured parking on this site. Pursuant to the Town's request, Vail Resorts is requesting a variance to allow the parking to be unpaved until November 2005. if over the next year it is concluded that a parking structure is not feasible at this location, Vail Resorts agrees to pave the parking lot according to the approved plan without further action necessary by the Planning and Environmental Commission. Vail l~esort5 -holy Cross Parking cj Mauriello Planning Group, LLC dq 1N.JJ'i dhilN~ ~~'. `; i 'll ~' ~-;~ ii, ., ~, * 1..5P?s v ~:s3 I.I. .. ~..1 ~ f "::"-'-.`.,~ ,' ,.._~4' _., 't:: ,..:.., ~,,. 1N~w~Q7~n~a~a at~~~sn~on ~, "'_,' ''~ ~~ ,. E r ~' z ur _r., ~~~~ .~ r~,` F t f ~ - ~' _ ~ . a ~~ 1 i ^~ I ~ ~ yyy IYf pj Cg ~ 1` II = Y 9 ~~ ' ~ -~ ~ I i ~ 1 ~ 11 ~ ~I ~~ ~ ~ , ~ J ~ ~~ ~ i _ S ~ ~ ~, ~ 1. ~~ .~~ P + ~~ ~~ ( ~ a, ~ k ,: ~ ; A ' `.. t' I ~ f i ~, /tom, ~ i~`"C ^ti~ /~~~YA/` ~ ..~ .g- "a ! ~ ~ ~''. t ~~ , ~' ~ t .. .-. r L.' _. ~. ^~ ., ~~~ ~ ~ P L I };. .. . . .`, 1 { °° ~ f ~. I} _. _ fy :.~}~x:.~~,~°," cwA, _ NV~d 3J"dNJ95 ~Nd JNIdI~F.LS f -i wK~~, i^~ JNI JIVfa33Nl~~ ' ~~oa 3115 3aNVN31N1VW/SSOa~ ATOM .,~ry~ n ~_. 4 ~ ~ \ \~ } } ~` ~ fa ~_AI ..~L '-~\..... ,1 ~~ ~..L- ` ',~~ i i lrr*~` ir\1`~. S~S< l 44} e~'~y~ ~;*!'""a - `a.~T`t_ \ j ~ ~~.~- I +ysa~ Is} ~~ *i~~ ~~~ ~-z 1'w ~ , RI ~ ~ } ~ ~`s ~ i ~ ~ ~ ;. a ' I r 2 1 ~ 1 , a ~~ ~ k ii f ~ ". ,~'~ _. ~ 3 _ ~ - t ' ~ a dirt ~ •~ ~~` l ~ \ 1 1 ,1 ~~ \ I r~+y I~jp~ 1 \ i11 t ~ `;~ ,,~,~ `~~ I ~ ~ of ~ L. , 'h .. e~,~ 1 1~~ ` r' - "' ~r'..i i is . - \\\, ., _ ~g¢I `,l ~, ~, ~ ~ t ~g R ~ ~E IL,.J ~ I' ~ s I ~~ r ~ ~ 1 .~ °~ S ~~l J~ ~x. o-¢~ i \ ~ 1 ,I r~-r I` ~ '; \, ~` r~'. ~ I kl ~,~ -"III ,r. ~ o ~N ~ ~I ...L ' ~ ~ 1'4 e~ 'ii I _ i LL1 - - ~ I - ,.. _~ ~-. •- 41~,~ ._ T _ sty ~. ~ . ~ ~ ~ ~ Q - $ } 1 g ~.~ r i x i 4 N ~ ~ t f F ~ •~ ~~rr ~I 4 - ~ o'\ ~ 5 ~'~ ~' ~ }, •.t / ,, +s O ~ I. U U n', ~~ h1l,~t`Y ~ ~a. ... ~~~~~~ 1i ~-+' CSj F`~g. 0g1 `fir ,~ ~ -F~ ; ~,. - -~~"~+p S. \, ~\ ~ ~~l C/] ~ b'L _ t _ s ~~ 'H 1~ ~•' ~ -.~~ 1 ~ tie' ~~ - ~ ~ ~, ~ , R ~ I .. ~F~ ~9 Gay s~ 1 iy, fi Rrd4 y '~ c - .~ ~~a H `, .. C }X ~ 7^. F ~4 i~° ~ 1~ = rc 1~~~1 0 1 ~ F. -_ . .,. . a r' ` y~ j/~t ~. 1'£ ~ ~ - Y• 4 "i. p ~a~ i~ .., ~_ :~ ~o .- ` ~~~ "dam- ~_3n1 _ _ S F. _.. - ;;-gy~p ~~. ~ ~y ~A~ ~~ ~' ~ `F'6~ 6~ , 3. Conditional Use Criteria Before acting on a conditional use perix~it application, the Plaruung and Environmental C~orn*~~~sion (PEA shall consider the factors with respect to the proposed use: a, Relationship and impact of the use an develaprnent objectives of the Town. ~CrA rxrl~sis: The Plrxr arad' E rruf u~u, ~~ ual C»f of u5510r1 hGLS aC~Tp7'tJ'i&~ a ~t24r1c71 uSe pE'~'T~ or2 this ~t7' on thr~ prior arccsirnzs (in 1990, 2001, ara~ 2003. In 1990 the PE C ap~f ~~' a arna`itioraal use to allor~ this to ~ usa2! for tl~e parkin of zdr~' s. T,~a~ uy~, ~~rl also allac~l the park ir2g art to rare am~xin interior ~xndscuping: In 2001 a sirr~lar crrr~ztional use peyrr~z ze~rs appr-r~ to all zPhide storage and otlx~r a~xpr~.u Keith tlae same ztxr~,Nf,~ z7itlxwrt ir7tericlr lurddsc~tprng In 2003 the site ~zu arY~ ~.~ for park ing zeithoz~rt irterior larxlsca~'~b' TJae proposal ~ parkin la¢ on this property zs phase 2 of a proja~ ~hirh In Irxst sk i season ~ irr~ nth the Town of Vail proposed condztirmal use mill alloze~ Vail Rc~orts to prr~ude ad~uuate arplo}~ pa'~Z ircg as r~uir~ by the L irrnshead R f~„ Gf w Master Plan h, 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. C>rn-A r~l'~is; Thep}rr~pc~js]a~,lyc~r]r,~litiorral use pern~x zzill all,~~.e~paa~ing faaliti~ and d~s~~s~clxz~a]1te~c~~~Sfi c~n.~h,„~~,. FrnrrtA~Rc~xd i{.Lr~~ ~l/dJfKJI.~/III:IGL~. ~ Z1ff1/fVLC/fGlt(.~ Lxflf 44fWWGl~G ~VLd1IJ Frtmtage Rand to operate lrrx~re e~ly and safd~+. 7"he proposal park irt~ area 2~I1 daze little if arty, on the ~~,~inder of tl~ alaoze criteria. c. Effect upon traffic with particular reference to congestion, autamc~tive and pedestrian safety and convenience, traffic flow and. control, access, txianeuverability, and removal of snow f ram the street and parking areas. C~irr-A r~~is: ?7ae pmpasa~ park ir~g area will irrprrne the ab~litY of err~'loy~s to czrre~ly n~neuzer zeithirt the park irk a~ A cuss to the parking aa~ mill 1~ ~ f ~,f ~~l z¢ith the ~Z~n of a turn lar~ within the South Frtmta~e Rtrzd ar~d that aaess will ~ a~ by the rise of rr2xgr~tic ozrd reading Wis. Sraoze~ f~!„~,ztl will ~ prozzdal cn~site as well as trzrclza~ ooff~`of the property: Pa~strian aa~ss z~ll he i„~, ~~ f.~'Prou'clirzg a pazerl surface Va~f f~esort~ -holy GroSS Parking ~ N.~auraello Planning Group, LLC tladt c~G+'cnes on-.site c~rarlatum to d crnss~nik Irr~xta~at the i„~,~a~io~z of t~ South Fm~a~ Raid aril Wit L icroshead Circle 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 surratcnduzg uses, O~tr A rurl7sis: Tr'~ proposal park ing lat will haze no irt~act on the aline er~terra, ds tlx~ arz; no tr7LfIlG~la~s d5s0[7l.~tt~l ZQII~ tl?IS yr v~wai~ 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 stnzctures in the vicinity. Our Analysis:. 7Tae pxvpasa~ uza~dr~s cull alloz~the Vail R~ons to prz~iule as r,~,E;~ parking spdc~ ds d~ ~easoaa'y porsible on this site zeitla little zisu~,' ass to the Viral public 7~e site... z~ill '~ ada~udtely scram frr~m ptrl~lit rights-g~~auy a r~xsc»~ble c~tet~~zti~es fcrr sr~rv stord~e and r r,f..cttl haze ~n prrnid~ T1ae propc~~ ~~ will haze litxle in~idrt to ex ~stirag a~ poterr~,~,' uses in arr~ b. The degree to which relief from the stzxct or literal interpretation and. enforcement of a specified regulation is necessaryta achieve compatibility and uniforxrzity of treatn-zent among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Our Analysis: 1~ellef fypn2 t~ 5t7ZCZ d12d ~2~'Ql l~r~r ciLltlol2 l~tl~ 7L~Lll~ltZO)7s Y~iYI~ pdYJ~ &~ dYi'i.7S t0 amtain irr~r rrdl lar~lscaping aril a r~uc~l d97IJU)7t of snaze~szora~e is F~irig r~~ta~' ds part of this irrproz~„,~, u plan 7Tae granting of t~se zuridaxes zrzll rmt grdrrt d sp~rl przzrle~ rxs tlae use as errploy~ park itzg is unique to flats fdality in td>e Town of Vdil aril rr~rx irrrrizzir~ tl at prarkir~ is not only for t~ ozfr~r bau dlso for tl~e Tozerz Reasor~ble alternztizes dre ~ir~ propc~~ z~ia~ ino'ude e~ terzsize perir,~ter lrxndscaping dnd tl3e t er r utLTL of snozvfrzrm the site duri~ag a laa~ snpz~ eze~ ? he cir~trr~st~rrxz3 c~tlae pmpasa~ e.~t~lo}z~ par,~.i~aaz?cz crud tlae zttriarees rr~uzr~l to develop tla~e irry~rvLGrlCfft3 aa~ raaique and c~rr~ru,~ orgy to zery fervsi~es z~irlain'the Tozera of Vazl Tl~ pmpase~' ztta~~xes ~rerll Vdwl Resorts - h®ly Cross Parking ~ Maurrello Planning Group, LLC al~'cn~ floe ~plirrxnt awl flap TozPn to att~xin the abja~i~ of floe Tazen s d'e~~~ standards ~eitlxxrt a grate of spa~al pra~ 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. {fur .f~nalysis: Tlae prrrtxtsa~ ~~~ ~rll rxllor,~tlns paw parkir~ faality to c~erate in an rm~r~erar,~l i,~g„~.ae the a~xr~l safetyarxi cr~.erueraQe far the err~loJ~s parfiing in tJ~is ~ Ttae pra,~a~' ~rian~ will {~fre Iittl~ if arty, irrx ova floe ,~,~.irxlea' of floe abrazP ctzzerir.~. -._J Vail ~e~orts -Holy Crass Parking I 0 Mauriello Planning Group, LLC Attachment: C THIS ITEM MAY AFFECT YOUR PROPERTY 'J PUBLIC NOTICE ~~N~1~6f~', NOTICE 15 HEREBY GIVEN that the Planning and Environments! Garramissian of the Town of Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on June 28, 2U04, at 2:Q0 PM in the Town of Vail Municipal Building, in consideration of. A request far a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Tawn 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 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, represented by Mauriello Planning Group, LLC Planner: Matt Gannett A recommendation to the Vail Town Council of a major amendment to a Special Development District ~SDD}, pursuant to Section 12-9A-1©, Amendment Procedures, Vail Town Code, to allow for an amendment to the recorded conditions of approval prohibiting the operation of restaurants within Special Development District No. 35, Austria Haus, located at 242 East Meadow DrivelPart of Tract B, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler Planner: George Ruttier A final review of a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (©n All Levels of a Building or Outside of a Building}, Vail Tawn Code, to allow for eight two-family residential structures (Gore Creek Place}, located at 73Q, 724, and 714 West Lionshead Circle/Tracts A, B, C, & D, Morcus Subdivision, and Lot 7, Marriott Subdivision, and setting forth de#ails in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Warren Campbell A final review of a conditional use permit, pursuant to Section 12-9B-3, Private Or Public Off- Street Vehicle Parking Structures, to allow far an amendment to an existing conditional use permit for private parking, located at 364 Gore Creek DrivefLot P-3, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. Applicant; Vail Resorts Planner: Elisabeth Eckel A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High Density Multiple Family, Vail Town Cade, to allow for a public utility and public services use, located at 501 North Frontage Road (Solar Vail Condominiums)! Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard ta. Applicant: Verizon Wireless, represented by Kelley Harrison, Closser Consulting Planner: Clare Sloan A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Cade, to allow for snowmaking system improvements within the Gore Creek floodplain located at an unplatted parcel adjacent to the Eagle River Water and Sanitation facilities, 646 West Forest Road, (a complete metes and bounds legal description is available for review at the Town of Vail Community Development Department}, and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Bill Gibson The applications and information about the proposals are available far public inspection during regular office hours 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 Town of Vail Community Development Department. Please call (970} 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call {97fl~ 479-2356, Telephone for the Hearing Impaired, for information. Published June 11, 2flfl4, in the Vail Daily. • • PLANNING AND ENVIRONMENTAL COMMISSION ~. ~~~QFVA~L-~ PUBLIC MEETING Monday, June 14, 2t)04 PROJECT ORIENTATION - Community Development Dept. PUBLlC WELCOME 12:00 pm MEMBERS PRESEhlT David Viese Anne Gunian Bill Dewitt Chas Bernhardt Doug Cahill George Lamb Rollie Kjesbo MEMBERS ABSENT Site Visits: 1. Vail Plaza Hotel - 100 East Meadow Drive 2. Fischer Residence - 4315 Spruce Way 3. Vail Marriott Mountain Resort -- 715 Vilest Lionshead Circle 4. Hawkwood, Inc. - 483 Gore Creek Drive, Unit SB Driven Warren NOTE: If the PEC hearing extends until 6:00 p.m., the Commission may break for dinner from 6:00 - 6:30 p.m. Public Hearing -Town Council Chambers 2:00 pm A final review of a conditional use permit pursuant to Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for a Type III Employee Housing Unit (EHU}, located at 4315 Spruce Wayl Lot 6, Block 3, Bighorn Subdivision and setting forth details in regard thereto.. Applicant: Steve Fischer, represented by John G. Martin, Architect, LLC Plannerv Clare Sloan MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0 APPROVED Staff gave a presentation per the staff memorandum. The applicant, John Martin, briefly described the project. Several neighbors expressed concern over the grade of the driveway and other issues related to the new residence. The applicant responded that the driveway would be re-graded, paved, and widened, providing significant improvements for the neighbors. He further stated that agreements between neighbors and the original owners were not solidified and were currently causing same dissention~ Karl Forster, a neighbor, expressed further concern over the plans and the allowable snow storage, It was confirmed that minimum snow storage requirements were being met by the applicant but determined that a written agreement for along-term solution should be drafted in addition, Some concern was expressed by the commissioners that the EHU continue to be used as such. 2. A final review of a variance from Section 12-6H-6, Setbacks, Vail Town Code, to allow for a residential addition within the setbacks, located at 483 Gore Creek Drive, Unit 5B {Texas Townhomes}ILot 5, Vail Village Filing 4, and setting forth details in regard thereto. Applicant: Hawkwaod, Inc., represented by Gwathmey, Pratt, Schultz Architects Planner= Elisabeth Eckel MOTION: Bernhardt SECOND: Lamb VOTE: ?-D-D APPROVED Staff gave a presentation per the memorandum. Ned Gwathmey explained the project and the need for the variance due to the existence of these townhomes on individual lots that cannot meet. side setback requiremen#s. It was established that a hardship existed and that no special privilege was being granted in the approva! of the variance. 3. A final review of a conditional use permit pursuant fo Section 1~-7H-4B, Permitted And Conditional uses; Second Floor And Above, Vail Town Code, to allow for a temporary business office within the Vail Marriott Mountain Resort on the second floor, located at 715 West Lionshead Circle/Lots 4 & 7, Block 1, Vail Lionshead Filing 3 and Lots C & D, Morcus Subdivision, and setting forth details in regard thereto. Applicant: Vail Corporation, represented by Mauriello Planning Group, LLC Planner: Warren Campbell MOTION: Kjesbo SECOND: Jewitt VOTE: 7-D-D APPROVED WITH ONE CONDITION 1. That this conditional use permit for a business office to conduct real estate sales in the specified location within the Vail Marriott Mountain Resort shall expire on June 14, 20D5. Staff gave a presentation per the memorandum. The applicant presented the proposal as well. Commissioner comment included concern over the date of occupation. 4. A request far final review of a major amendment to a special development dis#rict (SDD} pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel East, located at 100 East Meadow /Lot M, N, O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Daymer Corporation, represented by Zehren and Associates, Inc. Planner: George Ruther MOTION: Jewitt SECOND: Kjesbo VOTE: ?-D-D TABLED TO J U N E 28, 2DD4 Staff gave a presentation per the memorandum pointing out the conditionslcriteria that were outlined within. Tim Losa, the applicant's representative, further presented the proposal, addressing each condition and the way in which it had been or was being dealt with. Doug Cahill mentioned that a tabling had been requested in order to resolve some of the outstanding issues. Greg Hall mentioned that there was no current access permit from CDOT and that the survey data was inconsistent, Jae Stauffer, a representative of one of the condominium associations, spoke of his concerns regarding the busyness of the proposed plan, trash deposit and removal, and parking availability for future residents. Jim Lamont, Vail Village Homeowner's representative, had several questions regarding the construction timing, the access routes, trash disposal, and the interconnection to the underground tunnel system, proceeding to suggest that a possible condition of approval be that all parties agree on the final access routes and options. Commissioner comments included concern over the parking requirements, the timing of the project in regard to financing, ADA accessibility, the public vs. private aspects of the proposal, and undue attention to small changes within the proposal The applicant suggested that he would prefer to table the proposal rather than have the proposal be approved with 36 conditions". 5. A request for a final review of a major exterior alteration or modification, pursuant to Section 12- 7H-7, Vail Town Code, and a request for a final review of a conditional use permit, pursuant to Chapter 12-16, Vai! Town Code, to allow for the construction of the Lionshead Core Site Hotel and the operation on a new private skier club, new lodge dwelling units and conference facilities and meeting roams on the first floor ar street level floor of a structure, located at 675 Lionshead Place/(a complete legal description is available far inspection at the Town of Vail Community Development Department upon request). Applicant: Vail Corporation Planner: George Ruttier MOTION: Lamb SECOND: Kjesbo VOTE: 7-0-0 T,ADLED TO JUNE 28, 2004 6. A request for a variance from Section 12-21-14, Restrictions In Specific Zones On Excessive Slopes, Vail Town Cade, to allow for the construction. of driveways and surface parking in excess of 10°J° of the total site area, located at 2388 Garmisch Drive/Lot 9, Block G, Vail dos Schone Filing 2, and setting forth details in regard thereto. Applicant: Snow Now, Lt_C Planner. Warren Campbell MOTION: Lamb SECOND: Jewitt VOTE: i-~-0 T/~-BELD TO JUNE 28, 2004 7. A request far a recommendation to the Vail Town Council for the establishment of Special Development District No. 3$, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge, and a request for a conditional use permit to allow far the canstruation of Type Ill Employee Hauling Units, pursuant to Section 12-6H-3, Vail Town Code, located at 595 Vaii Valley Drive/Lots A, B, & C, Vaif Village 7th Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by McGck and Assaciafes Planner: Warren Campbell MOTION: Lamb SECOND: Jewitt VOTE: 7-d-0 TABLED TO JUNE 28, 2004 8. A request for final review of a variance from Chapter 14-4, Residential Fire Department Access Standards, Vail Tawn Code, to allow a structure not physically meeting the required access standards to not be sprinlclered, located at 2735 Snowberry DrivelLot 12, 81ock 9, Vail Intermountain and setting forth details in regard thereto.. Applicant: Dantas Builders, lnc., represented by Mauriello Planning Group, LLG Planner. George Ruttier WITHDRAWN y 9. Approval of minutes Motion to approve MOTION: Lamb SECOND: Jew"rtt VOTE: 7-0-0 9~D. Information Update • GRFA 11. Adjournment MOTION: Bernhardt SECOND: Jewitt VOTE: 7-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Tawn of Vaif Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (97Q} 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (975} 479- 2356, Telephone for the Hearing Impaired, for information. Community Development'Department Published June 11, 20[}4 in the Vail Daily. • • PLANNING AND ENVIRONMENTAL COMMI551ON ' PUBLIC MEETING ~c~rYr~t'lF~A~, ~ Monday, June 28, zao4 PROJECT ORIENTATION -Community Development Dept. PUBLIC 1NELCOME 12:00 pm MEMBERS PRESENT David Vie1e Anne Gunion Bill Jewitt Chas Bernhardt George Lamb Rollie Kjesbo - MEMBERS ABSENT Doug Cahill Site Visits : 1. Lionshead Care Site - 575 Lionshead Place 2. Gore Creek Place - 73D, 724, 714 West Lionshead Circle 3. Eagle River Water and Sanitation - 645 Wesf Forest Road Driver: George NOTE: If the I'EC hearing extends until 6:DD p.m., the Commission may break for dinner from 5:D0 - 6:3D p. m. Public Hearing -Town Council Chambers 2:00 pm A recommendation to the Vail Town Council of a major amendment to a Special Development. District (SDD}, pursuant to Section 12-9A-1D, Amendment Procedures, Vail Town Gode, to allow far an amendment to the recorded conditions of appravaP prohibiting the operation of restaurants within Special Development District Na. 35, Austria Haus, located at 242 East Meadow Driue/Part of Tract B, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sannenalp Properties, Inc., represented by Johannes Faessler Planner. George Ru#her MOTION: KJESBO SECOND: VIELE VOTE: 5-1 (JEWITT OPPOSED) APPROVED WITH CONDITIONS: i. That no rooftop or other exterior ventilation or exhausting equipment (hoods} be installed on the building for the expressed purpose of ventilating the kitchen or restaurant area of the tenant space (Starbucks). 2. That any future proposal to expand the area of the restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. 3. That all loading and delivery activity for the Austria Haus be conducted on the Austria Haus property in the loading dock area provided on the east side of the property. Loading and delivery far the Austria Haus shall not be conducted from the designated loading and delivery spaces in front of the Mountain Haus. 4. The applicant, Johannes Faessler, or his authorized agent, shall cause the agreement which outlines the Town's conditions of approval to be retarded with the Eagle County Clerk & Recorder's office within 30 days of approval on second reading. Additionally, this same language shall be included an all future lease or rental agreements made by and between Johannes Faessler, or his authorized agent, and any future tenant of the space. Failure to comply with this condition shall cause this approval to become null and void. George Ruther made a presentation per the staff memorandum. Mr. Faessler was present and spoke an behalf of the application. He stated that the subject area is can-ently a bar and is proposed to be a coffee shop, which is a low impact use. Mr. Jim Lamont, Vail Village Homeowners, spoke on behalf of the homeowners concerned about odors from food preparation, trash removal and noise, and type of delivery trucks. Staff stated that the proposed use will not impact the adjacent neighbors more than the existing bar. Commissioner Jewitt apposed the proposal because the development needs to respect the land use rights of the adjacent neighbors. 2. A final review of a conditional use permit, pursuant to Section 12-9B-3, Private Or Public Off- Street Vehicle Parking Structures, to allow for an amendment to an existing conditional use permit for private parking, located at 364 Gore Creek Drive/Lot P-3, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. Applicant: Vail Resorts Planner: Elisabeth Eckel MOTION: KJESBO SECOND: LAMB VOTE; fi_p APPROVED WITH CONDITIONS 1. That the applicant, VRDC, submits a revised set of building plans to the Building Department of the Town of Vail Community Development Department prior to August 1, 2D04, illustrating the changes in improvements, as required by the Planning and Environmental Commission. Commissioner Kjesbo stated that he is under contract to purchase one of the subject parking spaces but did not feel it was a conflict of interest. Neither the public nor the Commission had comments. 3. A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Tawn Code, to allow for snowmaking system improvements within the Gore Creek floodplain, located at an unp1atted parcel (adjacent to the Eagle River Water and Sanitation facilities, 646 West Forest Road), a complete metes and bounds legal description is available for review at the Town of Vail Community Development Department, and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc, Planner: Bill Gibson MOTION: JEWITT SECOND: VIELE VOTE; 6-f! APPROVED WITH CONDITIONS: 7. The applicant shall submit verification of US Army Corp of Engineers approval of all applicable permits to the Town of Vail Community Development Department prior to the issuance of building and grading permits. 2. The applicant shall submit a stamped Improvement Location Certificate and "as- built" topographic survey to the Town of Vail Community Development Department for review and approval, prior to Town of Vail fnal construc#ion inspection. 3. The applican# shall comply with all requirements of all necessary state and federal permits and approvals. Neither the public nor the Commission had comments. 2 ' 4. A final review of a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (an All Levels of a Building or Outside of a Building, Vail Town Code, to allow for eight two-family residential structures (Gore Creek Place), located at 730, 724, and 714 West Lionshead Circle/Tracts A, B, C, & D, Marcus Subdivision, and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: Warren Campbell MOTION: KJESBO SECOND: JEWITT VOTE: 6-0 APPROVED WITH CONDITIONS 1. Thatthe Developershall notseil, rent, lease, or otherwise transferanyofthe sixteen ('[61 additional parking spaces located within the below grade parking structure. The additional parking spaces shall only 6e used by those permiitted, conditional, or accessory uses allowed on the West Day Lot Development Site. Z. That the applicant shall comple#e the West Day Lot Approved Development Plan spreadsheet (Attachment F) which will identify all remaining development potential for each of the three parcels within the West Day Lot Development Site, prior to submitting far building permits. The completion afthe spreadsheetwill allowfuture develapmentto occur without the need far faint property owners sign off as all future development potential will already have been established. 3. That the approval of this conditional use permit constitutes approval of an Approved Development Plan for Parcel 2 of the West Day Lot Development Site and any change to the Approved Development Plan for Parcel 2 shall require a new conditional use permit approval. 4. That bed and breakfast operations shall be prohibited in Parcel 2 of the West Day Lat Development Site. . S. That two-family residential structures shall 6e the only permitted or canditianal uses allowed in Parcel 2 of the West Day Lot Development Site. Accessory uses shall be permitted useless othermvise specifically prohibited. 6. The applicant shall record the new West Day Lat Development Site plat and easements prior to requesting either a Temporary Certificate of Occupancy or a Certificate of Occupancy inspection. 7. That the applicant records private access easements for the pathways leading from West Lionshead Circle to the emergency vehiclelpublic pedestrian path and from the emergency vehiclelpublic pedestrian path to the Town bike path which permits access to Vail Spa and all parcels within the West Day Lot Development Site, The pathways with the above easements shall not be gated or signed to restrict or discourage public access and the easements shall not be permitted to be removed in the future by the owners of parcels within the West Day Lot Development Site. Staff and the applicant discussed the public access easements through the site and their compliance with ADA regulations and the Lionshead Redevelopment Master Plan. Mr. Jim Lamont, Vail Village Homeowners, questioned the closest sidewalks and pedestrian connections through the project. Staff's recommendation for the provision of access easements is based on the Lionshead Redevelopment Master Plan for pedestrian connections. Without the connections as recommended by staff, fiuture connections could not be made for other adjacent sites. The applicant stated that the paths will be provided, bu# was hesitant to make it public access which would require ADA compliance. An amended condition would be to have a private pedestrian access easement that will never be obstructed or removed- 3 5. A request for final review of a major amendment to a special development district (SOD}, pursuant to Section 12-9A-10, Amendment Procedures, Vaif Tvwn Code, to allaw for a mayor amendment to Special Development District No. fi, Vail Plaza Hotel East, located at 100 East Meadow 11_ot M, N, O, Block 5D, Vail Village Filing 1, and se#ing forth details in regard thereto. Applicant: Daymer Corporation, represented by Zehren and Associates, Inc. Planner: George Ruttier MOTION: K,lESBO SEGOND: VIELE VOTE: fi-Q APPROVED `WITH AMENDED GflNDITIONS 1. That the Developer provides a centralized loadingldelivery facility for the use of all owners and tenants within Special Development District No. !:. Access or use of the facility shall not be unduly restricted for Special Development District No. B. The loadingldeliveryfiacility, iineluding docks, berths, freight elevators, service corridors, etc., may be made available for public andlor private loadingldelivery programs, sanctioned by the Town of Vail, to mifigate loadingldelivery impacts upon the Vail Village Eoadingldelvery system. The use of the facility shall only be permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail andlor others for the common use of the facility. The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. 2. That the Developer submits detailed civil engineering drawings of the required off-site improvements [street lights, drainage, curb and gutter, sidewalks, grading, road improvements, etc.) as identified on the off-site improvements plan to the Town of Vail Public Works Department for review and approval, prior to application for a building permit. ~. ~'F7' .i'~.7[..~ ~~~~r~~r~~ #irn r~ r~,n i.i ~rrv~et4n .9 n. e1 lirr~il~w fir. rye. ~ s L'an+i r.G~~~ ~ J i.~.+~ ~r~ralti f'lrrlinnnnn hlra 7 C a~ n#']f1A4 I ~ n+e~w+4+aM A ']Ad1A1 ~ar~tin~~-te~rte,~~~~eri~~~-,iC t,, , . Thaf the Developer shall submit a complete building permit application to the Town of Vail Community l7eveloprnenf Departmenf for fhe consfruction of the Vail Plaza Hotel by no later than 5:Ot7 pm, Friday, September 3, 2U04, The Chief Building Official shall determine fhe completeness of the applicafion. The Developer shall dr'ligently pursue fhe issuance of a building permit by no Iafer fhan October 75, 2UU4. Failure fo comply with fhis condi#ion shall cause fhis sdd approval fo become null and void on September 4, Zd04, pursuant fo fhe films requiremenfs and limitafions of Section f2-9A-12,VaiI Town Code, and Ordinance No. 29, Series of 2009, or on Ocfober i6, 2aQ4, depending on whether a building permit application has been submitted. The phasing of the construction of the hotel shall not be permitted. 4. That the Developer submits the following plans to the Department of Community Development, for review and approval, as a part of the building permit application for the hoteL• a. An Erosion Gontrol and Sedimentation Plan; b. A Construction Staging and Phasing Plan; c. A Stormwater Management Plan; d, A Site Dewatering Plan; and e. A Traffic Controil Plan. 5. That the Developer records public pedestrian easements between the hotel and the Phase fill Condominiums, between the hotel and the Phase V Building, and 4 ' along the Vail Road frontage. The easements shall be prepared by the Developer and submitted far review and approval of the Tawn Attorney. The easements shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. 6. That the Developer records adeed-restriction, which the Town is a party ta, on the Phase IV property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions far vehicle parking have been made to accommodate the public use of the spa. The restriction shall be recorded prior to the issuance of a building permit, 7. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. 8. That the Developer posts a bond with the Tvwn of Vail to provide financial security for the 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Tawn prior to the issuance of a building permit. 9. That the Developer installs bollards or similar safety devices at the intersection of the delivery access driveway and the sidewalk along the South Frontage Raad to prevent conflicts between pedestrians and vehicles, prior to the issuance of a Temporary Certificate of Occupancy. 1 d. That. the Developer coordinate efforts with the owners of the Gateway Building, Phase II, Phase III and Phase V to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. If a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. The infenf of this condition is to create an interconnected underground loading and delivery system accessible to a!! of Special Developmenf Districf lVo. 6, Vail Village Inn. 11. That the Developer, in cooperation with the Town of Vail Public. Works Department, designs and constructs alert-turn lane on Vail Road and reconfigure the landscape island in the South Frontage Road median to eliminate left-turns from the loadingldelivery. The construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 12. That the Developer submits a complete set of plans responding to the design concerns expressed by Greg Hall, Director of Public Works ~ Transportation, in his memorandum to George Ruther, dated 12/13199. The drawings shall be submitted, reviewed and approved by the Town Engineer, prior to first reading of an amending ordinance by the Vail Town Council. 13. That the Developer submits revised plans to the Town of Vail Camrnunity Development Department far review and approval of the thirteen (13} issues `identified in the letter from the Public Works Department, dated June 7, 2004, prior to first reading of an amending ordinance by the Vail Town Council. 94. That the Developer provides 75 on-site parking spaces wifhin the area of Phase lV, Vail Village Inn, and as indicated on the Approved Development Plan, fo 5 address fhe 75 space parking defrcit currently existing within Special Developmenf Disfrict N©. fi, Vail Village Inn. Said parking spaces shall be made available to meet fhe parking demand of those uses permiffed within the Special Development District The 75 parking spaces shall not be sold, transferred, traded, or otherwise conveyed for ownership fo users located aufside of Special Development District No. B, Vail Village Inn. George Ruther made a presentation per the staff memorandum. Staff addressed PEG comments from previous meetings and addressed the issues in the memorandum. The only new condition was number 13 regarding the Department of Public Works. The applicant addressed the list of conditions, such as CDOT approval off of Frontage Road, and requested a time extension of an additional 90 days to obtain a building permit. The Commissioner were not in favor of a 90 day extension but instead suggested an amended condition which might afford the applicant slightly more time to obtain a building permit. Commissioner Kjesbo questioned the parking and whether or not the spaces will be sold outside of the shareholders in the development. Mr. Losa stated that four spaces have been sold within the SDD. The Commission and the applicant agreed that the ownership of parking spaces would be restricted to parties involved in the SDD. The Commission and staff proposed several revised conditions of approval. 6. A request for a final review of a major exterior alteration or modification, pursuant to Section 12- 7H-7, Vail Town Gode, and a request for a final review of a conditional use permit, pursuant to Chapter 12-16, Vail Town Code, to allow for the construction of the Lionshead Core Site Hotel and the operation on a new private skier club, new lodge dwelling units and conference facilities and meeting rooms on the first floor or street level floor of a structure, located at 675 Lionshead Place/{a complete legal description is available for inspection at the Town of Vail Community Development Department upon request). Applicanfi Vail Corporation Planner: George Ruther MOTION: BERNHARDT SECOND: LAMB VOTE:6-0 TABLED TO JULY 12, 2l?04 7. A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge, and a request for a conditional use permit to allow for the construction of Type l l l Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Gode, located at 595 Vail Valley DrivelLots A, B, &~ G, Vail Village 7th Filing, and setting forth details in regard thereto. Applicant: Manor Vail, represented by Melick and Associates Planner: Warren Campbell MOTION: BERNHARDT SECOND: LAMB VOTE: 6-© TABLED TO JULY 12, 2004 $, A request for a variance from Section 12-21-14, Restrictions In Specific Zones Un Excessive Slopes, Vail Town Gode, to allow for the construction of driveways and surface parking in excess of 10'~/0 of the total site area, located at 2388 Garmisch Drive/Lot 9, Block G, Vail dos Schone Filing 2, and setting forth details in regard thereto. Applicant: Snow Now, LLC Planner: Warren Campbell MOTION: BERNHARDTSECOND: LAMB VOTE: 6-0 TABLED TO JULY 12, 2Q04 0. A request for a conditional use permit pursuant to Section 12-7I-5, Conditional Uses; Generally 6 • • • (On All Levels of a Building or Outside of a Building}, Vail Tawn Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vaif 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 far review at the Town of Vail Community Development Department}. Applicant; Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Matt Gennett MOTION: BERNHARDT SECOND: LAMB VOTE: 6-0 TABLED TO JULY 1Z, 2004 10. A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High Density Multiple Family, Vail Town Code, to allow for a public utility and public services use, located at 501 Norkh Frontage Road {Solar Vail Condominiums}/ Lot 8, Black 2, Vail Potato Patch Filing 1, and setting forth details in regard to. Applicant: Verizon Wireless, represented by Kelley Harrison, Closer Consulting Planner Clare Sloan MOTION: BERNHARDT TABLED TO JULY 12, 2004 9. Approval of minutes MOTION: VIELE TABLED TO JULY 12, 2004 10. Information Update 11. Adjournment MOTION: BERNHARDT SECOND: LAMB VOTE:6-0 SECOND: LAMB VOTE:6-0 SECOND: LAMB VOTE:6-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970} 479-213$ for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970} 479-2356, Telephone for the Wearing Impaired, for information. Community Development Department Published, June 25, 2004 in the Vai[ Daily_ 7 ~" ~~ Planning and Environrn~ental Cam~m~ssion ~~ ~ ~ ACT~~ N F~ RM ~~ '~~ ~~ f Department of Community Development T~ ~~j~~ ~'' ~' ~ ~ 75 South Frontage Road, Vail, Colorado 81657 ~o YY~ ~~ ~+`~~ tel: 97Q.479.2139 Fax; 970.479.2452 web: www.ci.vail.co,us Project Name: HOLY CROSS PARKING LOT VARIA PEC Number: PEC040030 Project Description: Participants:. CONDITIONAL USE PERMIT AND VARIANCES FOR PROPOSED PARKING LOT IMPROVEMENTS OWNER VAIL CORP 05/25/2004 Phone: PO BOX 7 VAIL CO 81658 License: APPLICANT MAURIELLO PLANNING GROUP, LL05/25/20D4 Phone: PO BOX 1127 AVON CO 81620 License: Project Address: 953 S FRONTAGE RD WEST VAIL Location: Z3 SOUTH FRONTAGE ROAD WEST Legal Description: Lat: Block: Subdivision: Parcel Number: 210312124D01 Comments: See conditions BOARDJSTAFF ACTION Motion By: Kjesbo Second By: Lamb Vote: 4-0 Action: APPROVED Date of Approval: 07f 12J2004 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail stafF and/or the appropriate review cornmittee(s}. Cand:300 PEC approval shall not be not become valid for ZO days following the date of approval. Cond: CONDOD6556 1. 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 Lionshead 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 or improvements in • • the vicinity. 3. That the temporary parking facility will comply with each of the applicable provisions of the Town of Vail Zoning Regulations Planner: Matt Gennett PEC Fee Paid: $500.Q0 f °~ Planning and Env-ironmen~ai Commission ACTION FORM ~ ~~ ~~~ Departme~~nt of Community C7evelopment j~ 3 75 South Frontage Road, Vail, Calorado 81657 T~~"'~ ~~ ~~`~~~ F ~ tel; 970.479.2139 fax: 970.479.2452 web: www.ci.vaiLeo.us Project Name: PIRATESHIP STREAMSIDE STABIL PEC Number: PEC040035 Project Description: Participants: Floodplain modification: request far approval of modification of X17 lineal feet of stream bank stabilization (in the floodplain) involving the placement of 5-6 boulders as steps into the stream from the play area OWNER VAIL CORP PO SOX 7 VAIL CO 81658 License; APPLICANT VAIL CORP PO BOX 7 VAI L CO 81658 License: Project Address: 340 HANSON RANCH ROAD {APPROX.) 06/02J2004 Phone: 06/02j2004 Phone: Location: Legal Qescription: Lot: TR E Block: Subdivision: VAIL VILLAGE EYEING 5 Parcel Numlaer: 210108242008 Comments: see conditions Motion By: Kjesbo Second By: Viele Vote: 6-0-0 BCIARQ/STAFF ACTIQN Action: APPROVED Date of Approval: 07/12/2004 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee{s). Cond: CON0006551 prior to final construction inspection (amend of Sep.), a stamped ILC and as-built topo survey must be submitted for review to ComDev by the applicant Cond: CON000655Z The applicant shall comply with all requirements of all necessary state and federal permits and approvals Planner: Elisabeth Eckel PEC Fee Paid: $0.00