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Vail Mountain Park Subdivision -Tract E, Vail Village, Fifth Filing and a part of Lot G, Block 5-C, Vail Village First Filing 3. The Ruins - 1325 Westhaven Drive 4. Scolnick Residence - 2935 Basingdale Boulevard Driver: George Public Hearing -Town Council Chambers 2:00 pm 1. Swearing in of Daug Cahill, Chas Bernhardt and Bi[I Jewitt, by Lorelei Donaldson, Town Glerk 2. A request for final review of a final plat for a major subdivision, pursuant to Chapter 13-3, Major Subdivisions, Vail Town Code, to allow for the creation of the Vail Mountain Park Subdivision, a final review of a variance from Section 12-8A-5, Lot Area and Site Dimensions, pursuant to Chapter 12-17, Variances, Vail Tawn Cade, to allow far the creation of a new lot less than 35 acres in size, located at Tract E, Vail Village, Fifth Filing and a part of Lat C, Black 5-C, Vail Village First Filing, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: George Ruther ACTION: Approve MOTION: Kjesbo SECOND; Viele VOTE: 40-0 George Ruther presented the project according to the staff memorandum. Jay Peterson, representing Vail Resorts, gave a brief overview of the intent of his client's application. The public had no comment. The PEC had na comments. 3. A request for a recommendation to the Vail Tawn Council of a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow far an amendment to Special Development District No. 4, Cascade Village, for an approved development plan of a new condominium building, located at 1325 Westhaven Drive (Westhaven Condominiums, aka, The Ruins")fArea A, Cascade Village, and setting forth details in regard thereto. Applicant: Minus LLC and Wright & Company, represented by Pylman ~ Associates Planner: Matt Gennett ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Lamb VOTE: 5-@-1 tViele recused) Matt Gennett presented the project according to the memorandum. Rick Pylman, the applicant's representative, continued with the presentation, but expressed dislike of the condition of approval which suggested improvement of the public path. Jen Wright, the applicant, seconded the sentiment that Staff's condition regarding finishing the footpath and bridge should not be a part of the application's approval. No public comment Commissioner Jewitt asked whether a rental program would be part of the project, to which Mr. Wright replied affirmatively. Commissioner Kjesbo asked Staff if the Public Works Department had asked that the design and construction of the bike path be completed by the appAcant. Mr. Kjesbo continued to say that he would recommend deleting the first condition of approval. Commissioner Lamb commented that a pedestrian walkway could be on the east side of the badge instead. He was very much in favor of integrating Employee Housing onsite in future applications. A pay-in-lieu system should be created which money is earmarked specifically far EHU's. Allowing Employee Mousing to occur offsite negated the purpose of Employee Housing requirements. Commissioner Gunion asked for clarification of the first condition. The first part of the condition would not need to be fulfilled but the latter part of the condition, which related to the completion of landscaping off of the applicant's property, should stil6 be fulfilled. Commissioner Cahill expressed some concern about the erosion that may occur at the north side of the site. The second aspect of the first condition will be the only part of that condition that would be forwarded onto the Town Council. A recommendation would also be included that asked for Public Works' attention to the possible placement of the bike path to the east of the bridge, thereby exempting the applicant from responsibility for the improvementlconstruction of the path. 4. A request for a worksession to discuss an amendment to the Vail Land Use Plan, pursuant to Chapter VIII, Implementation, Vail Land Use Plan, to amend the land use designation of the property located at 2211 North Frontage RoadlLots land 3 and portions of Tract C, Vail dos Schone Filing 1, and Lat 1, Vail dos Schone Fiiing 3, and setting forth details in regard thereto. Applicant: Vanquish Vail LLC Planner; Matt Gennett ACTION: Worksession - no gate Matt Gennett'presented the proposal according to the staff memorandum, ~orninic Mauriello, the applicant's representative, further described the project through a slide presentation. The prevailing aspect of the presentation was the sensibility of matching the land use designation with the zoning. Jim Lamont, Vail Village Homeowners Association, voiced concern that na master plan existed for this area. Major changes lie in Vail's immediate future, changes which need to be addressed in advance and with forethought. The West Vail area is a community town center which should be maintained. The current proposal does not necessarily mcorparate the important aspects of a town center. Now is also the time to consider integrating affordable housing into a large project within the Vail area, but again, through the guidance of a master plan drafted for this area. Warren Garby, a resident behind the Apex Building, communicated that he was expressed with the quality of the newly-remodeled Apex Lodge, His primary concern related to the height of the building. Frank D'Alessio, a neighbor in the same area, mentioned that he, too, was cancemed that the height of the Apex Building would be too high for the area in which it was located. He was not currently impressed with the state of the parking lot and was excited that the area would be improved. However, he was not interested in seeing a huge building erected upon that site. Long term consideration must be paid to each "blanket proposal" that is presented to the Town, such as the proposal being presented. The quality of the community must be preserved at all costs.. Russ Forrest mentioned that Staff was cognizant of the fact that this area of town did need to be master planned. He added that Town Council had recognized that need as well. Commissioner Cahill responded that such need was recommended by the Planning and Environmental Commission as well. However, finding resources was a different issue. Commissioner Gunion asked for clarification of the zoning on the lot. She surmised that perhaps the three lots remaining zoned as they are, was the result of a wish for a transition zone. She continued by asking why the Town and the PEC would want to add the proposed language to the Commercial Core definition and mentioned that the purpose of an SDD was to provide flexibility within a district, thereby availing reconstruction of the code. Master planning the area was a valid path that should be pursued by staff. Commissioner Viele commented that the redevelopment of West Vail was a fundamentally necessary change and would be an area that could eventually be compared to Eagle Ranch ar Riverwalk. Some inclusion of "conditional uses in the current language could accommodate the applicant's request. A master plan would be helpful in designating locations far hotel uses within this area. The applicant should consider helping the Town draft a master plan far this area. Same discussion ensued about the potential height of the proposed building. Overall, Mr. Viele felt that changing the zoning in this area would contribute to the improvement of the West Vail area. Commissioner Jewitt expressed some concerns with changing the zoning language. If lodge uses were to be allowed within the current zoning, other uses (especially commercial uses} may be superseded by lodge uses. He agreed that the idea to draft a master plan for the area was one which should be presented to and supported by Town Council. He finished by stating that the fastest way to approach an approval for this site would be to pursue the creation of an SDD. However, the more information regarding the proposal that can be communicated to the community, the better the chances of that SDD succeeding. Commissioner Kjesbo also disagreed with the idea to amend the zoning language. He agreed that the area should be master planned as well, • Commissioner Lamb thought that maintaining the CC3 zoning made sense. An insightful plan in which neighbor input could be considered would be more sensible than creating an SDD for this area. Commissioner Cahill finished by stating that any new development shouldblend in" with the uses which already exist on the north side of the highway. Master planning of this area should be pursued as soon as passible, with much attention paid to continuing community uses throughout future proposals. Dominic Mauriello commented that the applicant was aware of the community input needed to make this project successful. Regarding the definition of the Commercial Care 3 zoning district, no other uses would ever be allowed in the area if no definition change was pursued. The idea of drafting a master plan was one that required significant effort and would take too much time to finalize for this project to be a success. Mr. Cahill responded that the entire zone district should be protected in spite of the applicant's desires to implement the current proposal. Mr. Forrest commented that the ideal course of action would be to undertake the current proposal and the drafting of a master plan simultaneously with the applicant. Mr. Jewitt followed up by directing the applicant to pursue the creation of an SDD while paying specific attention to the desires and future plans of surrounding property owners within the CC3 zone district. Mr. Lamont mentioned that the development of a master plan was a commonly accepted way of dealing with a change in use, such as the one currently under discussion. Matt Gennett asked that the applicant return to the Commission with a clear proposal to change the land use designation for the subject property. Following that proposal, the applicant could continue with his proposal to change the zoning designation, etc. 5. A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special Development District, Vail Town Cade, to allow for the redevelopment of Crossroads, a mixed use development; a request for a text amendment to Section 12-2-2, Definitions, Vail Town Code, pursuant to Section 12-~-7, Amendment, to add a definition for bawling alley; a request for a text amendment to Section 12- 7E-4, Conditional Uses, Vail Town Code, pursuant to Section 12-3-7, Amendment,. to add bowling alleys as a conditional use; and requests for conditional use permits to allow for the construction of an outdoor operation of the accessory uses as set forth in Section 12-7E-5 (ice skating rink}; a major arcade to include indoor entertainment;. atheater, meeting rooms, and convention facilities; multiple-family dwellings and lodges; and a private club to allow far the establishment of a for sale parking club, pursuant to Section 12-7E-4, Vail Town Code, located at 141 and 143 Meadow DrivelLot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Crossroads East One, LLG, represented by Mauriello Planning Group Planner: Warren Campbell ACTION: Tabled to April 25, 2405 MOTION: Viele SECOND: Kjesbo VOTE: 40-0 fi. A request for a final review of a text amendment, pursuant to Section 12-3-7, Amendments, Vail Town Cade, to allow for an amendment to Section 12-21-14, Restrictions in Specific Zones an Excessive Slopes, Vail Tvwn Code, to increase the amount of allowable site coverage an lots with excessive slopes from 15% to 20%, and setting forth details in regard thereto. Applicant: Helmut Reiss, represented by Isom & Associates Planner: Matt Gennett '~ ACTION: Tabled #o April 25, 2005 IUIOTION: Viele SECOND: Kjesbo VOTE: 40-0 ?. A request for a final review of a conditional use permit, pursuant. to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a public convention facility and public parking facilities and structures, located at 395 (East Lionshead CirclelLot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. Applicant: Town of VaiP Planner: Bill Gibson ACTION: Tabled to April 25, 2005 MOTION: Viele SECOND: Kjesbo VOTE: 4-0-0 8. A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area and an amendment to the Lionshead Redevelopment Master Plan to amend, in part, Chapter 5, Vail Civic Center Detailed Plan Recommendations, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Rick Pylman, Pylman & Associates, Inc. Planner: Bill Gibson ACTION; Tabled to April 25, 2005 MOTION: Viele SECOND: Kjesbo VOTE: 40-0 Rick Pylman proided a presentation for the applicant and reviewed the changes to the plans that had occurred. since the last meeting. 9. A request for a final review of a variance from Title 14, Chapter 6, Grading Standards, Vail Town Code, pursuant to chapter 12-17, Variances, to allow for the construction of a six--foot tall retaining wall within the front setback, located at 1791 Alpine DrivelLot 39 ,Vail Village West Filing 1, and setting forth details in regard thereto. Applicant: Mike and ®ave ©antas Planner-. George Ruther ACTION: WITHDRAWN 10. A request far a final review of variance from Section 12-fD-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow far the construction of gross residential floor area within the front setback, located at 2935 Basingdale BoulevardlLot 19, Block 6, Vail Intermountain Subdivision, and setting forth details in regard thereto. Applicant:.lay and Sheryl Scalnick Planner: Warren Campbell ACTION: WITHDRAWN 11. A request for a final review of a variance from Section 12-6D-8, Density; Chapter 12-10, ©ff-Street Parking and Loading; and Title 14, Development Standards Handbook, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a residential addition, located at 2854 Snowberry DrivelLot 19, DrivelLot 19, Black 9, Vail Intermountain Subdivision, and setting forth details in regard thereto. Applicant: Mike and Marla Haley, represented by RAL Architects, Inc. Planner: Elisabeth Eckel ACTION: WITHDRAWN 12. Approval of March 28, 2005 minutes MOTION: Jewitt SECOND: Kjesbo 13. Inforrnation Update 14. Adjournment MOTION: Vlele SECOND: Lamb VOTE: 5-0-'I (Lamb abstained) VOTE: 8-0-0 The applications and information about the proposals are available fvr public inspection during regular office hours at the Town of Vail Community Development Deparkment, 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 (97{}} 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (97D} 479- 2356, Telephone for the Hearing Impaired, far information. Community Development Department Published April 8, 2g05, in the Vail Daily. • s ~ ti ~ - ~- LV!)1X V~ 1t11L THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NQTICE NOTICE iS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail wild hold a public hearing in accordance with section 12-3-fi, Vail Town Gode, on April 11, 2005, a# 2:00 pm in the Tawn of Vail Municipal Building, in consideration af: A request for a final review of variance from Section 12-fiD-6, Setbacks, Vail Tawn Code, pursuant to Chapter 12-17, Variances, to allow for the construe#ion of gross residential floor area within the front setback, located at 2935 Basingdale Boulevard/Lot 19, Block fi, Vail Intermountain Subdivision, and setting forth details in regard thereto.. Applicant: Jay and Sheryl Scalnick Planner: Warren Campbell A request for a final review of a variance from Title 14, Chapter fi, Grading Standards, Vail Town Gode, pursuant to chapter 12-17, Variances, to allow for the construction of a six-foot tail retaining wall within the front setback, located at 1791 Alpine DrivefLot 39 , Vail Village West Filing 1, and setting forth details in regard thereto. Applicant: Mike and Dave Dantas Planner: George Ruttier • A request for an amendment to the Vail Land Use Plan, pursuant to Chapter VIII, Implementation, Vail Land Use Plan, to amend the land use designation of the property located at 2211 North Frontage Raadlt_ots land 3 and portions of Trace C, Vail dos Schane Filing 1, and Lot 1, Vail dos Schone Filing 3, and setting forth details in regard thereto. Applicant: Vanquish Vail I LLC Planner: Matt Gennett A request for a final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a public convention facility and public parking facilities and structures, located at 395 East Lionshead CirclelLot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson The applications and information about the proposals are available for public inspection during 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 Tawn 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 97©-479-2356, Telephone for the Hearing Impaired, for information. Published March 25, 2005, in the Vail Daily. 1• ?171M' ~F Y.AII, PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING April 11, 2005 PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT MEMBERS ABSENT Chas Bernhardt Site Visits: 1, Haley Residence- 2854 Snowberry Drive 2. Vail Mountain Park Subdivision -Tract E, Vaii Village, Fifth Filing and a part of Lat C, Block 5-C, Vail Village First Filing 3. The Ruins - 13251Nesthaven Drive 4. Scolnick Residence - 2935 Basingdale Boulevard Driver; George Public Hearing -Town Council Chambers 2:DD pm 1. Swearing in of Daug Cahill, Chas Bernhardt and Bill Jewitt, by Lorelei Donaldson, Town Clerk 2. A request for final review of a final plat for a major subdivision, pursuant to Chapter 13-3, Major Subdivisions, Vail Town Code, to allow far the creation of the Vail Mountain Park Subdivision; a final review of a variance from Section 12-8A-5, Lot Area, and Site Dimensions, pursuant to Chapter 12-17, Variances, Vail Tawn Code, to allow for the creation of a new lot less than 36 acres in size, located at Tract E, Vail Village, Fifth Filing and a part of Lot C, Block 5-C, Vail Village First Filing, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, Inc.. Planner: George Ruttier ACTION: MOTION: SECOND: VOTE; 3. A request for 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 far an amendment to Special Development District No. 4, Cascade Village, for an approved development plan of a new condominium building, located at 1325 Vllesthaven Drive (Westhaven Condominiums, aka, "The Ruins"~IArea A, Cascade Village, and setting faith details in regard thereto. Applicant: Mires LLC and Wright & Company, represented by Pylman & Associates Planner:. Matt Gennett AC71ON: MOTION: SECOND: VOTE; 4. A request far a worksession to discuss an amendment to the Vail Land Use Plan, pursuant to Chapter VIII, Implementation, Vail Land Use Plan, to amend the land use designation of the property located at 2211 North Frontage RoadlLots land 3 and portions of Tract C, Vail das Schone Filing 1, and Lot 1, Vail das Schone Filing 3, and setting forth details in regard thereto. Applicant: Vanquish Vail LLC Planner: Matt Gennett ACTION: MOTION: SECOND: VOTE: 5. A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; a request for a text amendment to Section 12-2-2, Definitions, Vail Town Code, pursuant to Section 12-3-7, Amendment, to add a definition for bowling alley; a request for a text amendment to Section 12- 7E-4, Conditional Uses, Vaii Town Code, pursuant to Section 12-3-7, Amendment, to add bowling alleys as a conditional use; and requests far conditional use permits to allow for the construction of an outdoor operation of the accessory uses as set forth in Section 12-7E-5 (ice skating rink); a major arcade to include indoor entertainment; a theater, meeting rooms, and convention facilities; multiple-family dwellings and lodges; and a private club to allow for the establishment of a for sale parking club, pursuant to Section 12-7E-4, Vail Town Code, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Crossroads East ©ne, LLC, represented by Mauriella Planning Group Planner; Warren Campbell ACTION: Tabled to April 25, 2005 MOTION: SECOND: VOTE: 5. A request for a final review of a text amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to Section 12-21-14, Restrictions in Specific Zones an Excessive Slopes, Vail Town Code, to increase the amount of allowable site coverage on lots with excessive slopes from 15% to 2©%°, and setting forth details in regard thereto. Applicant: Helmut Reiss, represented by Isom & Associates Planner: Matt Gennett ACTION: Tabled to April 25, 2005 MOTION: SECOND: VOTE: 7. A request for a final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a public convention facility and public parking facilities and structures, 9ocated at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to April 25, 2005 MOTION: SECOND: VOTE: 8. A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area and an amendment to the Lionshead Redevelopment Master Plan to amend, in part., Chapter 5, Vail Civic Center Detailed Plan Recommendations, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Rick Pylman, Pylman & Associates, Inc. Planner: Bill Gibson ACTION: Tabled to April 25, 2005 MOTION: SECOND: VOTE: 9. A request for a final review of a variance from Title 14, Chapter 6, Grading Standards, Vail Town Code, pursuant to chapter 12-17, Variances, to allow for the construction of a six-foot tall retaining wall within the front setback, located at 1791 Alpine Drive/Lot 39 ,Vail Village West Filing 1, and setting forth details in regard thereto. Applicant: Mike and Dave Dantas Planner: George Ruther ACTION: WITHDRAWN MOTION: SECOND: VOTE: 10. A request for a final review of variance firom Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the construction of gross residential floor area within the front setback, located at 2935 Basingdale Boulevard/Lot 19, Block 6, Vail Intermountain Subdivision, and setting forth details in regard thereto. Applicant: Jay and Sheryl Scolnick Planner; Warren Campbell ACTION: WITHDRAWN MOTION: SECOND: VOTE: 11. A request for a final review of a variance from Section 12-6D-$, Density; Chapter 12-10, aff- Street Parking and Loading; and Title 14, Development Standards Handbook, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a residential addition, located at 2854 Snowberry DrivelLot 19, Drive/Lot 19, Block 9, Vail lntermountain Subdivision, and setting forth details in regard thereto. Applicant: Mike and Marla Haley, represented by RAL Architects, Inc. Planner. Elisabeth Eckel ACTION: WITHDRAWN MOTION: SECOND: VOTE: 12. Approval of March 2.8, 2005 minutes MOTION; SECOND: 13. Information Update 14. Adjournment MOTION: SECOND: VOTE: 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 addi#ional information. Sign language interpretation is available upon request with 24-hour notification, Please call (97©} 479- 2356, Telephone for the Hearing Impaired, for information. Community Development Department Published April 8, 2005, in the Vail Daily. r • MEMORANDUM TG: Planning and Environmental Commission FROM: Community Deyeloprnent Department DATE: ApriC '@ 1, 2005 SUBJECT: A request for final review of a final plat foe a major subdivision application, pursuant to Chapter 13-3, Major Subdivisions, Vail Town Code, to allow for the creation of the Vail Mountain Park Subdivision; a final review of a variance from Section 12-8A-5, Lat Area and Site Dimensions, pursuant to Chapter 12-17, Variances, Vail Tawn Code, to al@ow far the creation of a new lot less than 35 acres in size, located at Tract E, Vail Village, Fifth Filing and a part of Lot C, B#ock 5-C, Vail Vil@age First Fi@ing, and setting for detai#s in regard thereto. Appl@cant: Vai@ Resorts, represented by Braun Associates, Inc. Planner: George Ruther SUMMARY The applicant, Vail Resorts, represented by Braun Associates, Inc., is requesting a final review of a major subdivision application and a variance from Section 12-8A-5, Lot Area and Site Dimensions, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the creation of a new lot less than 35 acres in size and to create the "Final Plat. Vail Mountain Park. a resubd@vision of Tract E. a resubdivision of Tract E. Vail Village. Fifth Filing and a part of Lot C. Block 5-C. Vail Villaaeti First Filing. and Golden Peak H©use. Town of Vail., County of Eagle. Sta#e of Col©rado". As a result of the subdivision, Tract I (0.485 acres} will be created. Staff is recommending approval of the app#icant°s development review applications as listed in Section V# of th@s memorandum. II. DESCRIPTION OF REQUEST The app#icant, Vail Resorts Development Company, represented by Braun Associates, Inc., is requesting final review of a major subdivision application and a variance from Section 12-8A-5, Lot Area and Site Dimensions, pursuant to Chapter 12-17, Variances, Vail Town Cade, to allow for the creation of a new lot less than 35 acres in size and to create the "Final Plat. Vail Mountain Park, a resubdivision of Tract E, a resubdivision of Tract E. Vail Village. Fifth Filing and a part of Lot Cti Block 5-C. Vail Village, First Filing. and Golden Peak House. Town of Vail1 County of Eagle. State of Colorado". As a result of the subdivis@an, Tract I (D.485 acres} will be created. The so@e purpose of the final p#at is to resubdivide Tract E into two parcels; Tract I and Tract E. Tract I, pursuant to a Bargain and Sale Deed, executed on May 19, 2004, wil# remain the property of the Town of Vail. The Tema@n@ng portion of Tract E sha@@ remain the property of Vail Associates. • III. BACKGROUND Qn September 22, 2QQ3, the Town of Vail Planning & Environmental Commission approved a conditional use permit and an approved development plan for the Founder's Parking Garage and Park, located an Lat P-3, Vail Village, Fifth Filing. Upon approving the request, the Commission placed the following condition upon the appraved development plan, Thal the Developer provides a deed, at his sole expense, fo the Town of Vail, legally transferring thaf portion of land under Pirate Shr`p Park, as generally described in Exhibit A (attached), to the T©wn of Vail, prior to the Issuance of a building permit for the construction of Vail's Front Door Project improvements (includes Founder's Parking Garage and ParkJ. The terms and conditions of said transfer shall be reviewed and approved by fhe Town of Vail. IV. SURROUNDING LAND USES AND ZONING Land Use Zonin~c Forth: Mixed Use Development Commercial Care I South: ResidentiallSl~i Yard PrimarylSecondary & Ski Base Recreation II East: Mixed Use Development Commercial Core West: Recreation Ski Base Recreation ll V. CRITERIA AND F[NDINGS Chapter 3, Maur Subdivision, Title 13 Subdivision Regulations, of the Vail Tawn Code prescribes the review criteria far a request for a major subdivision. Pursuant to Section 13-3-fi, Final Pla#, Vail Town Code, the criteria for reviewing the final plat shall be as contained in Section 13-3~4 of the Subdivision Regulations. According to Section 13-3-4, Commission Review of Application; Criteria, °The burden of proof shall rest with fhe applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zonr"ng Ordinance and other pertinent regulations that fhe Planning and Environmental Commission deems applicable_ Due consideration shall be given to the recommendafions made by public agencies, utility companies and other agencies consulted under subsecfion 73-3-3C above. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relafing to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Tawn" The sole purpose of the final plat is to resubdivide Tract E into two parcels; Tract I and Tract E. 2 One of the basic premises of subdivision regulations is that minimum standards for - ~ the creation of a new tot must be met. This project will be reviewed under the Major Subdivision Criteria, pursuant to Section t3-3-4, Subdivision Regulations, Vail Town Code. The first criterion to be considered by the Planning and Environmental Commission for a Major Subdivision application is: Lot Area -The Zoning Code requires that the minimum lot or site area for a lot located in the Agricultural & Open Space zone district. shall be 35 acres. Staff Response -The proposed size of fhe newly created Tracf 1 is 0.485 acres or 21, 127 square feet. In order for the Planning 8 Environmental Commission fo approve this major subdivision application request, the accompanying variance application must be approved simultaneously. In fhe absence of fhe variance request approval, fhe major subdivision application is null and void. .The second set of criteria fo be considered by the Planning and Environmental Commission for a Major Subdivision application is the subdivision purpose statements. The subdivision purpose statements are as follows: 1. To inform each subdivider of the standards and criteria by which development and proposals will be evaluated and to provide information as to the type and extent of improvements required. Staff Response -The review of this request has followed fhe regulations prescribed for major subdivisions of land. 2. To provide for the subdivision of proper#y in the future without conflict with development on adjacent properties. Staff Response -The subdivision wil! not conflict with future development on adjacent properties. 3. To protect and conserve the value of land throughout the municipality and the value of buildings and improvements on the land. Staff Response - 5faff does not believe that the proposed subdivision request wilt have any negative impacts on fhe value of Land or the value of buildings and improvements on the land. 4. To insure that subdivision of property is in compliance with the Town Zoning Ordinance, to achieve a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. Staff Response -The proposed subdivision meefs the infent and purpose of the Zoning Regulations for the parcel of land and will not prevent the harmonious, convenient or workable relationship of uses consistent with the Town's municipal objectives- 5. To guide public and private policy and action in order to provide adequate and efi:lcient transportation, water, sewage, schools, parks, playgrounds, recreational and other public requirements and facilities and generally to provide that pubic facilities will have sufficient capacity to serve the proposed subdivision. Staff Response -Staff does not believe the requested major subdivision will have any adverse impacts on the above-described criteria. In fact, staff believes that the approve! of this major subdivision request endures the presence of Pirate Ship Park into the future, 6. To provide for accurate legal descriptions of newly subdivided fond and to establish reasonable and desirable construction, design standards and procedures. Staff Response -The proposal wi1J result in an accurate legal description of the subdivided land. 7. To prevent the pollution of air, streams, and ponds, to insure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability and beauty of the community and the value of land. Staff Response -- Staff does not ,believe the proposed major subdivision will have any negative impacfs on the above-described criteria. Staff has reviewed the application for the major subdivision. Upon review of the proposed final plat, staff finds that the proposal complies with the criteria prescribed for a major subdivision application. A reduced copy of the proposed final plat has been attached for reference (Attachment A). Chapter 17, Variances, Title 12, Zoning Regulations, Vail Town Code prescribes the criteria for the review of a variance from the minimum lot size requirements. According to Section 12-17-1, Purpose, Vail Town Code, the reasons for seeking a variance is, "In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape,. or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cast or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance". Furthermore, according to Cflapter 17, `°Variances may be granted only with respect to the development standards prescribed for each district, including lot area and site dimensions, setbacks, 4 distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of Chapter 11 of this title, governing physical development on a site". Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff Resoonse: The applicant is requesting approval of a variance to allow for the creation of a new lot in the Agricultural & Open Space (AgO) zone district that is less than 35 acres in size. The purpose of the major subdivision is to allow for the creation of Tract I which shall be legally subdivided from Tract E, Vail Village, Fifth Filing. Pursuant to a Bargain and Sale Deed executed between the Town of Vail and Vail Corporation on May 19, 2004, the Town of Vail is now the owner of the land area commonly known as "Pirate Ship Park", Prior to May ~ 9"', the Town operated a public park on Tract E in accordance with the terms and conditions of a land lease with Vail Corporation. If approved, staff believes that the variance from the minimum lot size standard will not. result in any negative impacts on the existing or potential uses and structures in the vicinity of Tracts E & I. "Public parks, recreation areas, and open spaces" are permitted uses within the Agricultural & Open Space zone district. Given the recent improvements completed by the Town of Vail for Pirate Ship Park, ~it can be reasonably inferred that the public park use will remain well into the foreseeable future. Existing covenants, conditions and restrictions with. the Vail Village, Fifth Filing, Subdivision, and terms of the Bargain and Sale feed strictly limit the use of future Tract I to a "public park and for public park purposes" in perpetuity. In the event that any of these terms and conditions are breached by the Town, the ownership of Tract l shall revert to Vail Corporation 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Staff Resoonse: The applicant has requested the minimum amount of relief from the strict and literal interpretation of the minimum lot size regulation necessary to achieve compatibility and uniformity of treatment. to attain the objectives of the Zoning Regulations with a grant of special privilege. The proposed lot size, (0.485 acres), is the resulting lot size of the defined boundaries of the existing park and associated improvements. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff Response: Staff believes that there will be no negative effects of the requested variance on the above-described criteria. The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district, 2. That the granting of the variance wilt 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 for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions app[icable to the site of the variance that do not apply generally to other properties in the same zone. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. VI. STAFF REC©MMEN©AT'I(31V The Community Development Department recommends that the Planning and Environments! Commission approves the f"real review of a final plat, pursuant to Chapter 3, Title 13, Subdivision Regulations, Vail Town Code, and the variance from Section 12-8A-b, Lot Area and Site Dimensions, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the creation of a new lot less than 35 acres in size to allow for a major subdivision #o create the "Final Plat. Vail Mountain Park, a resubdivision of Tract E. a resubdivision of Tract E. Vail Village. Fifth Filinc{ and a Dart of Lot C. Block 5-C. Vail Village. First Filing. and Golden Peak House, Town of Vail. Coun#v of Eagle. State of Colorado" Staff's recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, subject to the following findings: "Upon review of the request for a variance and major subdivision to create the "Final Plat. Vail Mountain Park. a resubdivision of Tract E, a resubdivision of Tract E, Vail Village. Fifth Filing and a Hart of Lot C. Block ~-C. Vail Viilaae, First. Filinat _ _ _. and Golden Peak House. Town of Vail. Countv of Eagle. State of Colorado" fhe Planning and Environmental Qommission finds That fhe requesf complies with subdivision regulations and standards as adopted by the Town of Vail and that fhe variance is warranted as fhe granting of fhe variance wNl not constitute a grant of special privilege inconsistenf with the limifations an other properties classified in fhe Agricultural $ Qpen Space zone district; fhe granting of the variance wi11 not be detrimenfal to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity of fhe major subdivision; and, there are exceptional or exfraordinary circumstances or conditions applicable to fhe site of the variance that do not apply generally fo other properties in the same zone district. C: VII. ATTACHIVIENTS A. 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C 3 -IJ 'a N __ E t: ~~ x~° ' ~ a -__;_~ ~ MEIVIORAfVDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 11, 2©05 SUBJECT: A request for 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 foe an amendment to Special Development District No. 4, Cascade Village, for an approved development plan of a new condominium building, located at 1325 Westhaven Drive {Westhaven Condominiums, aka, "The Ruins")/Area A, Cascade Village, and setting forth details in regard thereto, {PECOS-0€l10} Applicant: Planner: SIUMMARY Mirus LLC and Wright & Company, represented by Pylman & Associates Matt Gennett The applicants, Mirus LLC and Wright & Company, represented by Rick Pylman of Pylman ~ Associates, are asking the Planning and Environmental Commission for a final recommendation to the Town Council on the proposed Westhaven Condominiums project, located at 1325 Westhaven Drive (Westhaven Condominiums, aka, "The Ruins")lArea A, Cascade Village. Pursuant to the criteria and findings listed in Section VIII of this memorandum, staff recommends the Planning and Environmental Commission forwards a recommendatifln of aPpro~al to the Town Council on the proposal detailed herein. iDESCRIPTI4N OF THE REQUEST The applicants, Mirus LLC and Wright & Company, represented by Pylman and A5s0CIateS, have requested a final review hearing with the Planning and Environmental Commission to present a proposed development plan and request for an amendment to Area A of Special Development District {SDD) No. 4 to develop the Westhaven Condominiums, located at 1325 Westhaven Drive (Westhaven Condominiums, aka, "The Ruins")/Area A, Cascade Village. A vicinity map has been attached far reference {Attachment A). The proposal includes the development of 13 dwelling units and 29 enclosed parking spaces, with provisions made for eight {8) required employee housing units. A copy of the Westhaven Condominiums written proposal from the applicant is attached for reference {Attachment B). A reduced copy of the proposed floor plans and elevations has been attached for reference (Attachment G). 1 BACKGROUND (The Background section of this memorandum is focused primarily upon the relevant history of what is known as Area A in SDD # 4.) • In 1976, Special Development District Na. 4 was created from 97.52 acres of land without known zoning in the area of Vail known as Lions Fridge and includes the Westhaven Condominiums site. • In 1982, a building permit was issued for the 0.85 acre Westhaven Condominiums site. Construction was then halted fallowing a partial completion of the foundation and lower level parking garage. While there has been several different ownership groups involved in the site during the intervening years., this partially constructed building remains today. • In 1985, the Town of Vail approved Ordinance # 8, Series of 1985, which specified that Area A of Cascade Village should include ten employee- housing units with a Total area of 8,400 square feet. • In 1993, the Town of Vail approved Ordinance #1, Series of 1993, which clarified how many employee housing units should be directly associated with the 'Westhaven site. The ordinance state (in part): "The developer(s) of Area A shall build a minimum of eight employee dwelling units within Area A Westhaven Condominium Building." Subsequent to these amendments there have been three separate approvals granted for development an the Westhaven site, each proposing varying arrays of employee housing in mixed-use residential, accommodation unit, and fractional fee development concepts. In 1995, an approval was granted to construct fourteen (14) free-market condominiums and seventeen (17) employee-housing units. In 1998, a proposal for twenty-one (21) employee-housing units, fifteen (15) accommodation units, and eleven (11) fractional fee units was approved. In 1999, an ordinance was approved which allowed for twenty-one (21) employee-housing units, seventeen (17) accommodation units, and eleven (11) fractional fee condominium units. iV. All ^f the aforementioned development proposals have expired and there currently is no valid, approved development plan for the Westhaven Condominiums site. RO[_ES OF THE REVIEWING. BOARDS Special Development District and Maior Amendment Order ref Revr`ew: Generally, applications will be reviewed first by the PEC fnr • C ~J 2 impacts of .use/development, then fey the DRB for compliance of proposed buildings and site planning, and final approval by the Town Councif. Planning and Envirc,nmental Commission: Action: The PEC is advisory to the Town Council. The P1rC shall review the proposal for and make a recommendation to the Tauvn Council based on the Criteria and Findings listed in Section !X of this memorandum. Desian Review Board: Action: The DRB has NO review authority ors a SDD proposal, but must review any accompanying DRB application The DRB review of an SDD prior to Town Council approval is purely advisory in nature. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial Staff also facilitates the review process, Town Council: Action: The Town Council is responsr`bfe for final approval/dental of an 5DD. The Town Council shall review the proposal using the Criteria and Findings listed in Section IX of this memorandum. V. APPLICABLE PLANNING DOClJM1=NTS Article 12-9A: Special Development {:SDD) District (in part) 12-9A-1: PURPQSE.• The purpose of the special development district is to encourage flexibility and creativity in the development of land in order fo promote its most appropriate use; fo improve the design character ono' qualify 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 • VI. SITE ANALYSIS Legal Description: Westhaven Condominiums Site, Cascade V4llage Address: 1325 Westhaven Drive Lot Size: 0.85 acres X37,026 sq ft} Zoning: Special Development District No. 4 (no underlying .zone district) Land Use Pfau Designation: Resort Accommodations and Services Current Land Use: Mixed Use Residential and Resort /spa Development Standard Allowed Existing Proposed Lot Area: NlA 37,026 sq ft no change Buildable Area: 37,026 sq ft no change Setbacks: Front: NIA 4' 4' Sides: N!A 67'(W)I11'(E) 44'(W)f5'{E) Rear: N/A 36' 14' Building Height: NIA NIA 55' Density: NIA N{A 15.2 DU per acre GRFA: NIA NIA 32,00{} sq ft Site Coverage: N{A NIA 51 % (1$,$83 sq ft) Landscape Area: NIA NIA 49% X18,143 sq ft)* Parking: 29 spaces NIA 29 spaces Note: Includes landscaping area atop the parking garage. VII. SURROUNDING LAND USES AND ZC?NING Land Use Zoning North: CDDT Right-of-Way Not zoned South: Resort Accommodations and Services SDD No. 4 East: Resort Accommodations and Services SDD No. 4 West: Resort Accommodations and Services SDD No. 4 VIII. CRITERIA AND FINDINGS the following section of this memorandum is included to provide the applicant, community, staff, and Commission with an advanced understanding of the criteria and findings that will be used by the reviewing boards in making a final decision on the proposed application. 4 Special Development District 72-9A-8: DESIGN CRITERIA: The fallowing design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. !t 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. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architec#ural design, scale, bulk, building height, buffer zones, identity, character, visual 'integrity and orientation. The applicant is proposing a residential structure staff believes will greatly enhance the visual appeal and complement, the architectural aesthetics of adjacent properties. The design of the exterior is sensitive to the immediate environment and is compatible with the neighborhood surrounding Area A of Special Development District No. 4, and its environs. The height, scale, architectural design, bulk and mass and of the building will meld into the neighborhood of the Cascade Resort and neighboring residential uses. B. Wises, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The applicant is not proposing any changes of use that deviate from the intentions of Special Development District No. 4. The slight increase in density, (13} thirteen dwelling units, associated with this proposal will not have any negative impact on the functions of the surrounding uses and activities. Gonsidering that adequate parking and better traffic circulation will be provided with this proposal, by virtue of the proposed sidewalk and improvements to the Cascade Club exit drive to the east of the site, this criterion wilt be met. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The applicant is meeting the parking and loading requirements of the Vail Town code in providing twenty nine (29} enclosed parking spaces in an underground garage. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Flan. 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. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1. General GrawthlDevelooment 5 • 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas {infill). Staff believes the uses and activities proposed are in compliance with 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 Officia[ Town of Vail Geologic Hazard Maps, the Vllesthaven Condominiums development site is not located in any geologically sensitive areas ar within the 10©-year floadplain. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposal does not call far any modifications that would impact natural features or vegetation, with the notable exception of removing the existing "ruins" foundation structure,- and improving the quality of the landscape and vegetation. Staff believes that the overall aesthetic quality of the community would be enhanced by the proposed exterior changes, landscape additions, and physical improvements including a sidewalk and grading work dare for the future extension of the bike path to the narkh of the applicant's site, off of their own property. G. A circulation system designed far both vehicles and pedestrians addressing an and off-site traffic circulation. The applicant is proposing changes that will have a positive impact on vehicle and pedestrian circulatory patterns. Staff believes this criterion will be rnet by the applicant's proposal in its present form, considering the new sidewalk and entrance to the garage designed with si#e distance and vehicular flaw in mind. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The applicant is proposing to perform significant improvements to their own property, and surrounding sites, which will have a long term, positive impact on the immediate neighborhood and the Town of Vail as a whole. I. Phasing plan or subdivision plan that will maintain a warkal3le, functional and efficient relationship throughout the development of the special development district.. Staff is not aware of any inkentian on the applicant's behalf to phase this project, however, should a phasing plan be proposed, this criterion must and will be met in full. IX. STAFF piECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval with conditions of the proposed SDD amendment to the Vail Town Council. Staff's recommendation is based upon the review of the criteria found in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following conditions: 1. The applicant shall submit a site plan for Design' Review Board approval which depicts a sidewalk design continuing from the southwestern portion of their property to the vehicular bridge to the south located on Westhaven Drive; and which shows improvements on the land immediately north of the subject property to accommodate a future expansion of the Town of Vail`s recreation path. 2. The applicant shall provide eight (8) employee housing units offsite pursuant to the language of Special Development District No. 4 (SDD # 4) and terms of an agreement reached with the Town of Vail. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council of this proposed amendment to an SDD, the Department of Community Development recommends the Commission pass the following motion: "Based upon the review of the criteria outlined in Section lV of this memorandum, and the evidence and testimony presented, the Planning and Environmenfal Commission finds: 7. That the amendment is consistent with fhe applicable elements of the adapted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations; and 3. That the amendment does promote the health, safety, morals, and genera! welfare of the Town, and does promote the coordinated and harmonious development of the ~Tawn in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 7 • X, ATTACHMENTS A. Vicinity Map B. Applicant's Proposal C. Reduced Floor Plans and Elevations • 0 Attachment: B V~ESTH~.'~r'~~N C~NDIJJMINI[TMS AN AMENDMENT TO TOWN DF VAIL SPECIAL DEVELOPMENT DISTRICT #4, AREA A, CASCADE VILLAGE Owner Minus LLC Represented tay Wright & Company Architect Morten Architects Engineer Alpine Engineering, Inc. Landscape Architect Dennis Anderson Associates, Inc. Land Planning Pylman & Associates, Inc.. • • • Westhaven Condominiums SDD Amendment 2 TABLE ~F C(~NT`El~TS 1.0 lntraduction 4 1.1 Purpose of Report 4 2.Q Cascade Village SDD #4 5 2.1 Cascade Village History 5 2.2 Westhaven Condominiums Site History 7 3.0 Prapased Plan 9 3.1 Site Description 9 3.2 Description of Proposed Building 10 3.3 Development Statistics i2 3.4 Utilities 15 3.5 Parking Needs Assessment 15 3.f Housing 16 3.7 Other Site Issues 17 3.8 Additional Approval Agreement for SDD #4 18 4.Q Special Development District Review Criteria 19 5,0 Key Features and Findings 23 5.1 Key Features 23 5.2 Key Findings 24 Westhaven Candc~miniums SDD Amendment 3 1.0 IiNTRODUC'I'ION l.] Purp©se of Report The purpose of this report is to provide information relative to an application for an amendment to Area A of Town of Wail Special Development District # 4, Cascade Village. The application requests development plan approval for re- deveIoprnent of the Westhaven Condominiums site located within the Cascade Village Special Development District. This application includes a description of the history of the Cascade Village SDD and more specifically, a thorough description of the history of this particular site within the SDD. The application also includes a comprehensive description of existing conditions and of the proposed improvements. Submittal requirements for a formal Amendment to an SDD are set forth in the Town of Vail. development regulations. This application complies with all of the submittal requirements as outlined in the Town of Vail SDD Application Fornn packet. Westhaven Condominiums SDD Amendment 4 2.0 CASCADE VILIJAGE SDD #~4 2.1 Cascade Village History Cascade Village was approved by the Town of Vail as Special Development District # 4 in 1976. The overall SDD cansists of 77.955 acres and includes four different components identified by areas. Area A, known as Cascade Village, includes the Cascade Hotel and conference facility, the Colorado Mountain College building, the Aria Athletic Club and Spa and a parking garage to ser~,~e all the above listed uses. The Liftside and Millrace residential complexes, two single family/primary secondary homes and the Westhaven Condominiums site are aisa within Area A. Area B consists of the GS unit Coldstream Condominium complex. Area C cansists of the Glen Lyon neighborhood, which is approved for I04 units in a single family/primary secondary lot conf guration. Area D is the Glen Lyon ©ffice Building located along the South Frontage Road on the east edge of the Cascade Village SDD. • Westhaven Condominiums SDD Amendment The following table delineates each area, the acreage and the approved residential density. This information wars gathered froa-n previously approved Town of Vail Ordinances regarding Cascade Village. SDD # 4 CASCADE ~'ILL;AGE Site Size in Acres Area A, Cascade Village 17.955 Area B, Coldstream Condominiums 4.0 Area C, Glen Lyon 9,1 Area I], Glen Lyon Office Building 1.8 Open Space 40.4 Roads 4.7 Totals 77.955 Annroved Residential Density 352 accommodation units 94 du's 65 d.u.'s 104 d.u.'s 3 d.u.'s 266 d.u.'s 352 a.u.'s Over the course of years following the 197+6 approval of the Cascade Village SDI] many of the areas and individual sites have been developed. The Coldstream Condominiums are completed, there is an office building located an Area D and single family and primarylsecondary homes have been built in the Glen Lyan Subdivision. The Cascade Village area is almost completely built out, with the Westhaven Condominiums representing one of the few remaining parcels. • Westhaven Condominiums SDD Amendment 6 2.Z Westhaven Canda~niniums Site History Tn 19$2 a building permit was issued for the 0.85 acre Westhaven Condominiums site. Construction was halted after a partial completion of the foundation and lower level parking garage. Although there have been several different ownership groups involved in the site aver the intervening years the site remains in this partially constructed condition today, twenty-two years later. Since the original 1976 SDD approval there have been several amendments to the Cascade Village SDD that affect the Westhaven Condominiums property. In 1985 the Town of Vail approved Ordinance # 8, Series of 1985. This ordinance clarified that Area A of Cascade Village should include ten employee-housing units with a total area of b,400 square feet. This translates to an average size of 640 square feet per unit. Ordinance # 1, Series of 1993 then clarified how many employees housing units should be associated specifically with the Westhaven site. The ordinance states, "The developers) of Area A shall build a minimum of eight employee dwelling units within Area A Westhaven Condominium Building" Subsequent to these amendments there have been three approvals granted for development of the Westhaven site. Each of these applications proposed varying amounts of employee housing in mixed-use residential, accommodation. unit and fractional fee development concepts. The number of employee-housing units in these three proposals ranged from seventeen to twenty-one in an apparent attempt to gain favorable review and approval from the Town. The first of those three approvals was in April of 1995. This approval granted the applicant the ability to construct fourteen free-market condominiums and seventeen employee-housing units. In 1998 an approval was granted for twenty-one employee housing units, fifteen accommodation units and eleven fractional fee units. In 1999, an ordinance was approved which allowed for twenty-one employee housing units, seventeen accommodation units and eleven fractional fee condozniniwl~ units. All of these development proposals have expired and the formal position of the Town. of Vail is that there is no valid, approved development plan for the Westhaven Condominiums site. The development statistics far the past three approved proposals are suznrnarized in a table on the following page. t Westhaven Condominiums SDD Amendment REVELOPMEI~T S'CATISTICS FOR PREVIOUS APPROVALS, Lat Area: 0.85 acres or 37,OZb sq. ft. Zaning; SDD # 4 (Cascade Village) - Na underlying zoning 1995 Approval 199$ Aanro~al 1999_Aaaraval HeigEt: 55' 55' S5' C RFA: Free Market 25,644 sq. ft. 0 sq. ft. 0 sq. ft. Accommodation 0 sq. ft, 9,550 sq. ft. 11,071 sq. ft. Fractional fee: 0 sq. ft. 13,860 sq. ft. 16,09() sq. ft. EHUs; 8.296 sp_ ft. 10.731 sa. ft. 1.1.52$ sa. ft. Total: 33,930 sq. ft. 34,141 sq. ft. 38,b89 sq. ft Gammon area; 3,417 sq. ft. 7,054 sq. ft. 8,769 sq. ft. Density: Free Market: 14 du's [} du's 0 du's Accarnrnodation: 0 au's 1 S au's 17 au's . Fractional Fee: 0 ffu"s 11 (fu's 11 fu's EHUs: 17 EHU's 21 EHLI's 21 EMU's 3I total units 47 total units 49 total units (16.71 du's/ac) {2 I.25 du"s/ac) (22.52 du'slac) *This information was gathered from Town of Vail files and may or xnay not be accurate. I~_ J Westhaven Condominiums SDD Amendment 8 3.0 PROPQSLD PLAN 3.] Site Description The Westhaven Condominium site is an 4.85-acre site 07,026 sq. ft.) located along the north side of Westhaven Drive just west of the Aria Spa & Athletic Club and the Cascade Village Parking structure, The outdoor pool of the athletic club and a secondary vehicular exit from the parking structure are the uses located within the ~~~est end of the building that is adjacent to the Westhaven site. The site backs up to the South. Frontage Road on the north side. There is a grade differential of approximately 36 feet across the site from Westhaven Drive to the South Frontage Road and there is no direct access to the property from the Frontage Road. The highway right of way encompassing the South brontage Road is fairly wide in this area. The distance from the rear property line of the Westhaven site to the edge of the South Frontage Road pavement ranges from 45 to 7S feet. Along the western portion of the site the grade rises up to a large ridge that peaks approximately 18 feet above the South Frontage Road. The Town of Vail Recreation Path cuts across the southwest corner of the site as it accesses Donovan. Park and a pair of primaryfsecondary residential buildings are located across the path just down the street. The Cascade Hotel, the CMC Building and Millrace Condominiums are located along the south side of Westhaven Drive. Access to the site is from Westhaven Drive. Westhaven Drive intersects with the South Frontage Road and includes improved turn lanes for all approach directions. A Town of Vail bus stop is located at the east end of the Aria Athletic Club within easy walking distance of the site. A chairlift serving Vail Mountain is located within easy walking distance of the site. The existing foundation on the site consists of a 204 foot long, 60 foot wide garage float slab with partially constructed foundation walls., Previously disturbed portions of the site have not been properly re-vegetated and consist of weed patches. In general the site is considered an eyesore and a nuisance. Westhaven Condominiurr-s SDD Amendment 9 3.2 Description of proposed building The first step in the design process for the current proposal was to conduct a comprehensive evaluation of the existing concrete foundation on the site. The existing foundation is set back a minimum of 5 to a maximum of 13 feet from the front property line and is designed as one long straight unbroken facade. After evaluating the opportunities and constraints. created by the existing foundation a conclusion was reached that to create an appropriate design solution for this site the existing foundation must be removed.. The concrete foundation and pier structures will be demolished and removed from the site. The current design proposed for this site is based upon an entirely new foundation and parking garage design. The proposed development program far the Westhaven site consists of thirteen residential units in two separate buildings sited over a common parking garage. There are seven 3-bedroom units, one 4-bedroom unit plus loft and five 4- bedroom units with a total building gross residential floor area of approximately 3I,0{1D square feet.. The existing foundation and the associated building designs resulted in a building design that was located very close to the street and included surface parking and the primary building entrance at the rear ofthe site. The current proposed design represents a significant departure from this previous concept. The new parking garage and buildings are sited towards the rear of the property at the base of the existing slope up to the South Frontage Road. This results in a building setback of up to 43 feet from the front property line. This allows far a more graceful presence along the street and creates a more desirable transition from the linear form of the Aria Club and parking structure to the residential neighborhood of Westhaven,lVlillrace and to the residential properties beyond the site. The building setback and an angle change that has been designed into the parking garage creates ample room for a vehicular drop off/pick up courtyard and allows for the placement of significant landscape plantings. Tl~e location of the front entrance lobbies allows For a pleasing residential scale street presence and creates a pleasant streetscape environment that is much more compatible with the existing neighborhood. The two residential buildings are physically separate above the parking level.. This break in the buildings allows for a mare interesting articulation of the vertical and horizontal mass of the building. The tap deck of the parking garage beri~veen the buildings will be designed as an additional landscape area. • Westhaven Condominiums SDD Amendment I p Entry to the parking garage will occur at the western end of the site and the garage floor slab will slope slightly upwards to the east to accommodate the grade change across the site. The garage will be fully enclosed with a mechanical heating and ventilation system. Access will be controlled by an automatic garage door system. 'T'he parking level accarnaliodates twentynine parking spaces, a mechanical. room, two entrance anal elevator lobbies, two ski storage rooms and a trash dumpster roam that can be accessed by residents from the interior and will have its own exterior garage door for trash pick up. All of the parking spaces are designed to a minimum size of 9' x 18'. One space has been designed as a 13'x18' handicap accessible space. fly keeping the density of the site to only 13 units all required parking is accommodated within the proposed parking garage. The last few approved designs that utilized the existing foundation included surface parking at the rear of the building. This was necessary to accommodate the required parking due to the number of units in these proposals. This design constraint dictated that the main entrance to these buildings was at the back of the site. This created a rather poor urban design appearance, as the building(s) did not present a "front door" to the street, The change in building siting creates the ability to design an appropriate facade that presents a front door to the street. Each building includes a front door entrance lobby that is aesthetically pleasing to the streetscape and the neighborhood. The east building lobby entrance is located approximately 4 feet above the garage level and an interior set of stairs will lead down to the garage level. A ski locker and. elevator lobby are located at the garage level. The west building enters on the same grade as the parking garage and also includes a ski locker and an elevator lobby that provides access to the residential units. The east residential building includes seven units, With the elevator lobby and exiting staircases forming the core of the structure the building can be described as two "halves". The eastern half of the building consists of four levels with a three bedroom unit on each level. The west half of the building steps down one story and consists of one four bedroom unit an each of the three residential levels. This four to three story transition within the building allows for articulation of the bulk and mass of the building and allows the ronfridge to step down as the site transitions downhill to tl~e west. 1~'esthaven Con~lon~inium5 ADD A~rrendment 1 1 The western residential building includes a total of six units on three levels. There are three 3-bedroom units, two 4bedroom units and a 4 bedroom unit with a loft space. By creating t~vo separate buildings and with the ridgeline transitions as designed the overall bulk, mass, height and scale of the buildings are nicely proportioned and fit nicely into the context of the existing neighborhood. The building meets or is below 55 feet in height, which was the height standard applied to the three previous approved plans. 3.3 Development Statistics The following information outlines the development statistics specific to the Westhaven Condominiums site as proposed and, as appropriate, compares those to the development statistics for Area A of the Cascade Village SDD as outlined in Town of Vail Ordinance #11 of 19y9. This ordinance has expired and the development standards outlined in that ordinance do not specifically regulate the Westhaven Condominiums site, Permitted Uses: Multi-Family dwellings Area A of the Cascade Village SDD, as a mixed use commercial, lodging, recreation and residential area includes a lengthy list of pernitted uses. Multi- Family dwellings are included within this list. The most recent approved plan for the Westhaven Condominiums site included Multi-Family dwellings, accommodation units, fractional fee units and employee housing units as permitted uses. Conditional Uses: None Other than Fractional Fee ownership, none of the uses listed as Conditional Uses in Area A are applicable to the Westhaven Condominiums site. Fractional Fee ownership is not currently contemplated for the site. • Westhaven Condominiums SDD Amendment 12 Accessory Uses Home occupations, subject to issuance of a home occupation permit in Accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis Courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. The above listed accessory uses are common to many of the SDD's and standard Town of Vail residential zone districts. Density: Dwelling units Thirteen dwelling units. The original approval of the Cascade Village SDD and the various amendments to the SDD over the course of years approved an overall density of three hundred fifty-two (352} accommodation units and ninety-four {94} dwelling units for Area A. In accordance with development statistics obtained from the Town of Vail there appears to be an existing built out density of two hundred eight-eight (288} accommodations units and sevent}~-six {76) dwelling units within Area A of the SDD. The proposed thirteen unit density of the Westhaven Condominiums falls within this density allowance. The thirteen units an the .85 acre Westhaven situ results in an average density of 15.2 units per acre. Density -GRFA The Gross Residential Floor Area shall not exceed 32,OQ0 square feet. The GRFA for the buildings has been calculated in accordance with Section 13B of Ordinance 14, Series of 20Q4. The original GRFA approved far Area A of the Cascade Village SDD appears to be 289,145 square feet and the existing build out information states that the existing GRFA in Area A is currently 239,68Q square feet. The Westhaven Condominiums as proposed fits within the allowable GRFA for Area A. Westhaven Condominiums SDD Amendment 13 Setbacks The building setbacks shall be as proposed on the development plan. As proposed, the minimum setback distance to from the building/parking garage is four (4) feet to the Westhaven Drive property line. This condition occurs at only one small area at the entrance lobby to the west building. The front setback ranges up to approximately forty-three (43) feet is some areas, The minimum setback on the east side is five {5) feet to the property line and on the west side is forty-four (44} feet to the property line. The rear building minimum setback is fourteen (i4} feet to the South Frontage Road right ofe~vay line. l~ei~ht: 1Viaximum of 55 feet. Previous development statistics far Area A of the Cascade Village SDD specified afifty-five foot maximum height limit for the Westhaven Condominiums site. Site Coverage: The site coverage, including. building area, driveways, sidewalks and other impervious surfaces is approximately fifty-one percent of the site area. Landscanine: The proposed plan currently proposes forty-nine percent of the site in landscaping or in a natural landscape condition. Parking and Loading: Twentynine fully enclosed parking spaces Previous development statistics required that seventy-five percent of the required parking on the Westhaven Condominiums site be located within a building or hidden from public view by a berm. one hundred percent of the required parking far the proposed development plan is located within a fully enclosed heated parking garage. • Westhaven Condominiums SDD Amendment l4 3.4 Utilities Water and sanitary sewer mains are located within Westhaven Drive. Water and sewer taps were made during the initial 1982 construction and service lines extend to the partial foundation. Further design work will be necessary to determine if these existing service lines may be refurbished and utilized. Behind the Westhaven site, located within the road z-iglzt of way, there is a remnant piece of overhead power line approximately 110 feet in length. The pourer line goes underground behind the site and extends to an existing switchgear box on the southwest corner of the existing foundation. This project wi11 relocate this switchbox to a new location in the southwest corner of the site. Tlae existing electric easement will be abandoned and a new easement will be put in place. As part of Holy Cross Electric's ongoing prograrrz to bury all overhead power lines within the Town the short section of overhead line behind the site has been scheduled far burial during the summer of 2045. Gas, cable television and telephone services are all available at the site. 3.5 Parking Needs Assessment Parking demand for this project has been calculated in accordance with Parking Schedule B of Chapter 10, Off Street Parking and Loading, of the Town of Vail Zoning Cade: Residential units between 500-2,000 sq. ft. of GRF'A require 2 parking spaces per unit Residential units greater than 2,000 sq. ft. of GRFA require 2.5 parking spaces per unit 7 units at 500-2,000 sq. ft. GRFA w l~ required parking spaces 6 units greater that 2,000 sq, ft. GRFA = 15 reQUred parking spaces TOTAL 29 required parking spaces Parking Summary 29 spaces provided in enclosed heated garage 29 spaces required per Town of Vail Zoning Code Loading Summary 1 loading berth provided exterior in building auto court 1 loading berth required per Town of Vail Zoning Code - - J c Westhaven Condominiums SDD Amend~aaent 15 3.6 Housing Town of Vail Ordinance #1 of 1993, which addressed various overall amendments to the Cascade Village SSD, required that the Westhaven Condominium site provide eight employee units as part of the overall housing requirement for the Cascade Village SDD. Since that time three different development proposals for t11e Westhaven site have received Town of Vail approval. Each of these three proposals included a mix of employee housing units, accommodation units, fractional fee ownership or free market condominiums. The number of employee housing units (EHU's) in the three proposals ranged from seventeen to twenty-one, in an apparent attempt to gain a favorable review and approval from the Town. In those zoning approvals the average size of the proposed employee housing units ranged from 488 to 548 square feet per unit. The current ownership of the property has analyzed these previous proposals and believes that a major contributing factor to the failure of this property is the inclusion of EHU's onto the site. The incorporation of EHU's, free market units, accommodation units and/or fractional fee ownership under one roof has created very difficult project economics and dynamics. Our analysis indicates the f©llowing issues have contributed to the current failed status of the previous proposals. • The site is very small {4.85 acre) and is constrained by existing utility corridors. • The number of EHU's results in a high parking demand which creates a very difficult site development constraint. • The building area allocated to EHU's is disproportionate to the area of free market space and creates a very difficult financial burden on the free market units.. • The monthly common expense and maintenance assessments for this type of mixed use building are too high for affordability on the EHU's. This places a disproportionate burden on the free market units. • A SOQ square foot housing unit does not allow for an appropriate family living environment. The use pattern and occupancy characteristics of a 5a0 square foot EHU are not compatible in such close proximity to the free market units. This creates a very difficult market for eaeh product. Westhaven Condominiums SDD Amendment lb The current owners of the Westhaven Condominiums site believe that the key to moving forward into a successful approval, construction and sales program is to simplify the scale and intenswty of the uses on the property. The proposed thirteen unit free market condominium project is of a size and architectural quality that is consistent with the design and character of the neighborhood. The parking and circulation requirements for thirteen units. is more appropriate to the size and scale of the building and can be met within the interior of the building. The applicant proposes to fulfill the 199 employee-pausing requirement by making a payment in lieu of actual housing development based an eight beds. This is consistent with the work session discussions with the Planning Commission and Vail Town Council that were held several months ago regarding this application. The payment in lieu will allow the Town of Vail or the Vail Housing Authority to utilize these funds in a flexible manner to provide family appropriate housing as opportunities arise. It is our understanding that the Vail Housing Authority is currently r~lorking on a standardized pay in lieu program that will be presented to the Town Council for formal review and adoption. It is our desire and intention to participate in this program. 3.7 Other site issues A to o ra hical map and survey of the site prepared by InterMountain p g p Engineering, Inc. indicates that a portion of the paved exit drive from the west end of the Cascade Village parking garage encroaches onto the Westhaven site. The proposed design does not impact this driveway and the existing improvements will remain in place. The Town of Vail Recreation path crosses the southwest corner of the site and the adjoining home has landscaped onto a portion of the Westhaven site on the far side of the recreation path, The proposed design does not impact the path and there will be no change to either the path location or the existing landscape improvements. There is currently no easement across the Westhaven site for the recreation path. The home located just beyond the recreation path has landscaped up to the edge of the path. A portion of this improved landscaping is located on the Westhaven Condominium property. The proposed plan does not impact this landscaping. t Westhaven Condominiums SI]I] Amendment I7 3.$ Additional Approval Agreements fUr SDD#4 Previous Town of Vail Ordinances for the Westhaven Condominiums site have required. the development of a sidewalk from the Cascade Club (now known as The applicant does not own or control the property adjacent to the Aria Club but is willing to work with this owner and the Town of Vail to achieve this goal. There is a S' wide sidewalk proposed across the Westhaven Condominiums site that ~.vill tie into the recreation path. The applicant does not own or control the property adjacent to the Aria Club but is willing to work with this owner and the Town of Vail to achieve this goal. There is a 5' wide sidewalk proposed across the Westhaven Condominiums site that will tie into the recreation path. • Westhaven Condominiums SDD Atnendrrtent l $ 4.~0 SPECIAL DEVEL4Pl~IE1tiT D15TRICT REVIEW CRITERIA Title 12, Chapter 9 of the Town of Vail Municipal Code provides far the establishment of Special Development Districts in the Town of Vail. According to Section 12-9A-1, the purpose of a Special Development District is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Cocraprehensive Plan_ An approved development plan for a Special Development District, in con}unction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." The Municipal Cade provides nine design criteria, which 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. The applicant has addressed each of the nine SDD xeview criteria below: A. Design compatibility and sensitivity to the immediate en~rironment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Annlicant response: The proposed design relates well to the site and to the surrounding neighborhood. The architectural design, built and building height complements the Westhaven Condominiums context within the existing neighborhood. The massing and detailing of the two building farms are residential in character and provide an appropriate transition from the bulk and rt~ass of the Aria Club and CMC buildings. The architectural design utilizes similar exterior materials and expresses a residential scale that is compatible with the neighboring residential projects. All required parking is located within an enclosed heated garage and significant landscaping has been proposed. Westhaven Condominiums SDD Amendment 19 B. Uses, activity and density which provide a eompatiibie, efficient and 1~ workable relationship with surrounding uses and activity. Applicant response: The proposed use of thirteen residential dwelling units is compatible with the surrounding uses. Area A of Cascade Village contains residential, lodging, athletic club and spa, restaurant and theatre. uses. A chairlift accessing Vail Mountain is located within easy walking distance. C. Compliance with parking and loading requirements as outlined in Title 12, Chapter 10, of the Town of Vail Municipal Code. A~alicant response: The parking requirement for the thirteen. residential units is 29 parking spaces. The proposed development plan incorporates all 24 spaces within an enclosed heated garage. An auto court has been designed into the site plan and will function as the required loading berth. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Applicant response: The goals contained in the Vail Land Use Plan are to be used as the Town's Policy guidelines during the review process of establishing or amending Special Development Districts. The following policies are relevant to the review of this proposal: General Grawth/Develogment 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve bath the visitor and the permanent resident. r • Westhaven Condominiums SDD Amendment ?Q 1.2 The quality of the environment including air, water, and other natural resources should be protected as the Town grows. 1.3 The quality of the environment including air, water, and other natural resources should be protected as the Town grows. 1.4 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). The proposed development plan is in compliance with these applicable elements of The Vail Land Use Plan.. The development of the Westhaven Condominiums will eliminate an eyesore and transition a nuisance properly into a residential use the is compatible with the neighborhood. E. Identification and mitigation of natural andlor geologic hazards that affect the property on Fuhich the special development district is proposed. Applicant response: There are no natural andlor geologic hazards, including the Gore Creek floodplain, that affect the property. F. Site plan, buildrng 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. Applicant response: The site plan of the current proposal represents a significant change from the previously approved development plans that attempted to utilize the existing fowidation. The proposed design creates a significant building setback from Westhaven Drive and allows for the creation of a true front door to the buildinb{s). This setback also allows for a functional loading and auto court area and creates opportunity for significant landscape areas. Westhaven Condominiums SDD 11a1~endment 21 The applicant believes that this proposed design represents a significant improvement ever previously approved designs relative to responsiveness and sensitivity to natural features, vegetation and overall aesthetic quality. G, A circulation system designed far both vehicles and pedestrians addressing on off,-site traffic circulation. Aanlicant resgonse: The proposed plan addresses vehicular circulation, parking and loading iai a positive manner. Previous approvals for this site have included a sidewalk connection from the Aria Club entrance to the Town of Vail Recreation Path and it is the intent of the applicant to work with the Town of Vail and the adjacent property owner to complete this sidewalk connection. The proposed plans indicate a 5' wide sidewalk across the Westhaven site. The Town of Vail Recreation Path crosses the southwest corner of the site. The proposed development plan does not impact the location or design of this path. The applicant is willing to establish an easement on the property for the bike path.. H. Functional and esthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions, Aualicant resgonse: The proposed landscape plan is in compliance with this criteria. I. Phasing plan or subdivision plan that wi[1 maintain a workable, functional and efficient relationship throughout the development of the special development district, Aanlicant resgonse: The project will be constructed in a single phase. A construction management and staging plan will be submitted for review with any request for a building ~ permit. Westhaven Condominiums S.17I7 Amendment 22 5.~ Key Features and Findings 5.! Key Features This proposed amendment to the Cascade Village Special Development Dititrict features; • An elid-nination of an eyesore and a nuisance property that leas been widely referred to as "The Ruins" and has .existed as a partially completed foundation since 1982. • A development plan that consists of uses and densities that fit well within the confines of a small and constrained developrr~ent site. • An architectural design and scale that fits well within the context of the existing neighborhood. • A proposal to address the previous employee housing requirei~nent in a manner that allows far the creation of family appropriate housing units that are in line with current Town of Vail housing goads. 5~jesthaven Condominiums SDD ~incndment 23 5.2 Key Findings This proposed amendment to the Cascade Village Special Developmment District maybe found to be in compliance with; • The original purpose section of Special Development District #4, Cascade Village, which reads as follows: Purpose Special Developrrzerrt District.No. 4 is established to ensure campreherzsive development arzd use of arz area in a manner that will be Jzarmonious tivitlz the general character of the Town, provide adequate open space arzd recreational amenities, and prarrzote the objectives of the Town of Vail Comprehensive Plan, Special levelopment District Nca, 4 is created to ensure that the development density will be relatively low arzd suitable for the area and the vt'cinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning chi Environmental Corrzrnissinn, and because there are significant aspects of the Special Development District which cannot be .satisfied through the imposition of standard zoning districts on the area. • Tl~e Town of Vail Comprehensive Land Ilse Plan and the associated goals and policies • The Design Criteria outlined in Section 12-9A-8 of the Town of Vail Zoning Code to be utilized in evaluating the merits of a proposed Special Deve]oprnent District. Westhaven Cc~ndominiurris SDD Amendment 24 03/28f05 21;27 FAx 8015017677 ~ A~S~C~A.TE~ To: Matt Gennett Tram: Rick Pylman late; March 23, 2005 RE: Westhaven housing issues KINKf1S SANDY The Westhaven Sl]T] Amendment application is currently scheduled for review by the planning and environmental commission on March 28, 2005. Tn order to allo~av adequate time far the staff to review some of the detailed areas of the plans that have l~+~en recently re-submitted to the town, and to allow additional. time to discuss housing issues, it is our intention to delay this hearing until April 11, 2[305. In the original application we proposed to address the project housing requirement by participating in a pay in lieu program that was under consideration by the Housing Authority and the Town of Vail. Based on the March 15 work session between the towxr council and the housing authority and in subsequent conversation with you a~;~d Nina Tirt~rn it is apparent that the formal approval of this pay in lieu program may take some additional tit~.3e and discussion. The likely time frame far approval of a pay in lieu program will not work for. the time constraints of the Westhaven Condominium proposal. Minus LLC and Wright and Company continue to believe that the inclusion of on-site housing on this particular property is not an appropriate solution to the housing requirement. As a stand alone project, the thirteen unit Westhaven Condominiums would require a housing commitment of 1.951;HU's. However, the interpretation of past C~~scade 'STillage documents has resulted in the town position that' eight EMU's are required on the Westliaven site. The applicant has expressed a willingness to provide this Dousing, however the difficulty in locating this housing on site remains a major conta'ibuting factor to the ongoing failure of this property. "There have been several approvals granted over the past years but none were able to move forward in a successful manner. the Town of Vail analyzed the potential for a condemnation proceeding and subsequent re- development of the property as an affordable housing project and concluded that idea was z~ot economically viable. t We therefore propose to amend bur application to meet the historic housing; requirement by providing off site housing. We propose to purchase existing free marke,: housing stock, place appropriate deed restrictions on the properties, and re-sell therm at a discounted price acceptable to the real estate market, 002 .. _.._ ...... ~ ,.._ ~,,, Q_._nt..:.~a n.,.4 a.,,,., C'.nl~~raclc~ ts16Zfl Mail: P.C). Bc]x Z3~3~, Edwards, Cnluradn 81632 43/28/05 21:28 FAX 8415417677 KINKDS SANDY .. ..... . 4 4 3 :] The applicant is willing to work with the staff to craft an appropriate conditior:, of approval that will allow the Westhaven project to mane fozward through the approval and construction process in a timely manner while we ful~ilI this housing commitment. Please nail me if you have any. questions or require additional information. :] • Y 9 0. a ~ x ~ wnR O •~~'~ R ~ ° °~~m o U ~ i vtitw t _ © F xQ~r ~4~~m ~ ~ 6 ~ A~~~QU64~' w~ oa Z ,x~~±;~©o Q~~ © ~ mQa ~ a0. R ? 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I. _ _ _ I a 1 1 i I L~~ I I I I I I I I I I I I I I I ~~ I` I I ~ I i , g 1` m5 ~~ I I i ,I i I T I 'I 'I r _ ~ I i ~ a a 6 f f - 1 ~ ~ ~ ~ r I, I C ~ Z t'~ ~ 6 ~ r4 I I I I I I I I I I I I I I I I I I I I I I I I ~~:~ I I I I a I ~~~~ I ~ I 1' I ~~ I I I I I ! ~ g ~ ~ ~~ ~~ I ,. I } ~ i ~i I -~--- i~ I I ~ I I I I I l ~' C] MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 11, 2005 SUBJECT: A request for a work session to introduce a proposed amendment to the Vail Land Use Plan, pursuant to Chapter VIII, Implementation, Vail Land tJse Plan, to amend the land use designation of the property located at 2211 North Frontage RoadlLots 1 and 3 and portions of Trace C, Vail dos Schone Filing 1, and Lot 1, Vail dos Schone Filing 3, and setting forth details in regard thereto. Applicant: Vanquish Vail I, LLC, represented by MPG, LLC Planner: Matt Gennett SUMMARY The applicant is requesting a work session with the Planning and Environmental Commission (PEC} to introduce a proposal to amend Vail Land Use Plan, specifically the land use designation of the subject property, the Apex at Vail, formerly known as the West Vail Lodge and presently known as the Holiday Inn located at 2211 North Frontage Road/Lots land 3 and portions of Trace C, Vail dos Schone Filing 1, and Lot l , Vail dos Schone Filing 3. A vicinity map (Attachment A} has been included for reference. The proposed amendment would entail amending the descriptive text of the present land use designation (Community Commercial} and the Land Use Map as well. Staff would like to receive comments and insights from the Planning and Environmental Commission and interested citizens of Vail on the applicant's proposal as submitted. II. DESCRIRTI©N OF THE REQUEST The subject property is presently comprised of four parcels of the land. The majority of the site is designated by the land use plan as Community Commercial, and the northern portion of the site is designated as Medium Density Residential (Attachment C}. The applicant's request (Attachment B) is to change the designation of the northern portion of the site to Community Commercial on the Tawn of Vail's Official Land Use Map (Attachment D) which will establish a single designation of the property consistent with the existing zoning on the property which is Commercial Core III (CC3}. The application also proposes to amend the description of Community Commercial. to have it reflect more of today's realities of businesses in the West Vail area. The specific text changes are in Section V of this memorandum. III. BACKGROUND In 1979, the West Vail Lodge was constructed under the jurisdiction of Eagle County and contained $3 accommodation units (hotel rooms}, 19 dwelling units, and substantial commercial square footage. Also in 1979, Eagle County Eagle issued a Certificate of Occupancy for the newly constructed Wesk Vail Lodge facility. In 19$0, the existing Apex at VaiVHoliday Inn site was annexed to the Town of Vail as part of a larger annexation of the West Vail area by Ordinance No. 43, Series of 1980. Early in 19$1, and within 90 days of being annexed to the Town of Vail, the site was zoned Commercial Core II! {CC3}, in add'otion to the other adjacent commercial properties in West Vail. The ordinance which zoned this property was the same ordinance that created the CC3 zone district (Ordinance No. 11, Series of 1989 }. In 2003 and 2004, the new owners of the West Vail Lodge, Vanquish Vail, LLC, received Design Review Board {DRB} approval for minor exterior alterations,. which included repainting, stone veneer work, and a new Porte cochere. In February of 2004, the PEC voted unanimously to deny a rezoning application which proposed to rezone the subject property from the existing Gommercial Core III. (CC3) district to Hugh laensity Multiple Family {HDMF}. The PEC and staff, in recommending denial of the zone change request, suggested the applicant approach their proposal by beginning with a request to amend the Vail Land Use Plan. IV. RECOMMENDED PROCESS Working through the process of the applicant's previous request for a zone change from CG3 to HDMF, the PEC concurred with staff's opinion that the applicant should approach their long term goals far the property first by proposing to amend the Vail Land Use Plan to better accommodate their intended uses on the site. Since the time of their previous denial, and with a new representative, the applicant has taken into consideration the suggestions of staff and the PEG to begin with a proposal to amend the Vail Land Use Plan, specifically the language describing the Community Commercial land use designation, and the Official Town of Vail Land Use Map which presently identifies the three parcels on the north end of their development site as being Medium Density Residential. The applicant is proposing to amend the Land Use Map to change the designation of those three parcels to Community Commercial as a matter of consistency, and in consideration of their existing and proposed use. Pursuant to Chapter VIII, Section 3, Town of Vail Land Use Plan, the recommended process will entail amending the Town of Vail Land Use Plan to amend the Land Use Map as described above, and modify the language of the Community Commercial land use designation as listed in the Town of Vail Land Use Plan. 2 V. PR4PQSEQ PLAN AMENDMENTS As indicated above, a portion of the Apex at Vail site is designated Community Commercial and a smaller portion of the site is designated Medium Density Residential by the Land Use Plan. The Land Use Plan was adopted in 1986, 5 years after the site was annexed to the Town and was zoned CC3. The proposed change will provide one designation for the entire site of Community Commercial . Additionally, the definition of Community Commercial is also proposed to be amended. The existing definition states: "This area is designed to meet the consermer demands from community residents. Primary uses would include supermarkets, dry cleaning establishments, hardware stores, service stafr'ons, financial instit+~tions and medical offices. The design of these facilities would be oriented toward vehicular access and parking" The applicant proposes to amend the aforementioned defiinition as follows: (new language is shown in bald italics) "The areas shown as community commercial are intended to serve both the local residents of Vail, the community at Large, as well as visitors to Vail. Uses in this area may include, but are not limited to, grocery stares, retail stores, persona! services, eating and drinking establishments, professional offices, automotive service stations, lodging facilities, multiple family residential, fractional ownership, and other uses which blend the needs of the local population and that of the visitor. Jt is recognized that uses in these areas should be designed to accommodate vehicular access and an appropriate level of parking." Essentially, the aforementioned language proposed lay the applicant would result in the ability, from a land use plan perspective, to create what would amount to a mixed use development. VlI. SITE AN,WLYSIS (Note: The subject property is comprised of four separate lots totaling 3.94 acres or 172,018 sq ft.) Project site: Lots 1, 2, and 3, and Tracf C, Vail Das Schone Filing 1; and Lot 1, Block A, Inn at West Vail Land Use Designation: Community Commercial ~ Medium Density Residential Current Land Use: LodgeiHotel/Eating & Drinking Establishments Develooment Standard Existing Allowed/Rea. {CC3} Lot Area: 172,018 sq ft 25,000 sq ft Buildable Lot Area: 3.890 acres 25,000 sq ft (169,448 sq ft) n Setbacks: Front: 63` 20" Sides: 123'149' 20' Rear 82' 20' 11111. Building Height: Flat roof: 33' Sloped roof 56' 38' Density: 19 DUs & 46 DUs 83 AUs 0 AUs GRFA: 43,532 sq ft 31,600 sq ft Site Goverage: 16% 40% (34,538 sq ft} (68,801 sq ft) Landscape Area: 14% 25% (24,082 sq ft} (43,001 sq ft} APPLICABLE PLANNING DOCUMENTS The Town of Vail Land Use Plan (in part} Under the "Preferred Plan"Land Use Pattern section of the Vail Land Use l='lan, the fallo~+ring is stated (p. 36): B. Commercial Uses 4. Gammunify Commercial This new category has beery designated for the wesf Vail commercial area, which is pn'marily arienfed to serve the needs of the permanent resident and the long-term visitor. Because the community expressed the desire to concentrate commercial uses within existing commercial nodes, no new commercial areas have been designated. The CC land use area contains 24 acres or 1 % of the land area,. Medium Density Residential The medium density residential category includes housing which would typically be designed as attached unffs with common wails. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional/puiblic uses such as parks, open space, churches, and fire stations. (Chapter VI, pg 32, Town of Wail Land Use Plan) n 4 I)i. STAI=F RECOMMENDATION Staff would like to receive comments and insights from the Planning and Environmental Commission {PEC) and interested citizens of Vail on how to proceed ~~ with the proposed plan amendments. X. ATTACHMENTS A. Vicinity Map B. Applicant's Proposal C. official Land Use Map 5 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 11, 2fl05 SUBJECT: A request for a work session to introduce a proposed amendment to the Vail Land Use Plan, pursuant to Chapter VCII, Implementation, Vail Land Use Plan, to amend the land use designation of the property located at 2211 North Frontage RoadlLots land 3 and portions of Trace C, Vail dos Schone Filing 1, and Lot 1, Vail dos Schone Filing 3, and setting forth details in regard thereto. Applicant: Vanquish Vail I, LLC, represented by MPG, LLC Planner: Matt Gennett I. SUMMARY The applicant is requesting a work session with the Planning and Environmental Commission {PEC) to introduce a proposal to amend Vail Land Use Plan, specifically the land use designation of the subject property, the Apex at Vail, formerly known as the West Vail Lodge and presently known as the Holiday Inn located at 2211 North Frontage RoadlLats 1 and 3 and portions of Trace C, Vail dos Schone Filing 1, and Lot 1, Vail dos Schone Filing 3. A vicinity map (Attachment A) has been included for reference. The proposed amendment would entail amending the descriptive text of the present land use designation (Community Camrnercial) and the Land Use Map as well. Staff would like to receive comments and insights from the Planning and Environmental Commission and interested citizens of Vail on the applicant's proposal as submitted. ll. DESCRIPTION OF THE REQUEST The subject property is presently comprised of four parcels of the land. The majority of the site is designated by the land use plan as Community Commercial, and the northern portion of the site is designated as Medium Density Residential {Aktachrnent C). The applicant's request (Attachment B) is to change the designation of the northern portion of the site to Community Commercial on the Town of Vail's Official Land Use Map {Attachment D) which will establish a single designation of the property consistent with the existing zoning an the property which is Commercial Core IVI {CC3). The application also proposes to amend the description of Community Commercial to have it reflect more of today's. realities of businesses in the West Vail area. The specific text changes are in Section V of this memorandum. • III. BACKGROUND In 1979, the West Vail Lodge was constructed under the jurisdiction pf Eagle County and contained 83 accommodation units hotel rooms}, 19 dwelling units, and substantial commercial square footage. Also in 1979, Eagle County Eagle issued a Certificate of Occupancy for the newly constructed West Vail Lodge facility. In 198a, the existing Apex at VaiVHaliday Inn site was annexed to the Town of Vail as part of a larger annexation of the West Vail area by Ordinance No, 43, Series of 198x. Early in 1981, and within 90 days of being annexed to the Town of Vail, the site was zoned Commercial Core 111 (CC3), in addition to the other adjacent commercial properties in West Vail. The ordinance which zoned this property was the same ordinance that created the CC3 zone district {Ordinance No. 11, Series of 1981 }. In 2x03 and 20x4, the new owners of the West Vail Lodge, Vanquish Vail, LLC, received Design Review Soard (DRB} approval for minor exterior alterations, which included repainting, stone veneer work, and a new ports cochere, In February of 2004, the PEC voted unanimously to deny a rezoning application which proposed to rezone the subject property from the existing Commercial Core 111 (CC3) district to High Density Multiple Family (HDMF}. The PEC and staff, in recommending denial of the zone change request, suggested the applicant approach their proposal by beginning with a request to amend the Vail Land Use Plan. tV. RECOMMEN©ED PROCESS Working through the process of the applicant's previous request for a zone change from CC3 to HDMF, the PEC concurred with staff s opinion that the applicant should approach their long term goals for the property first by proposing to amend the Vail Land Use Plan to better accommodate their intended uses on the site. Since the time of their previous denial, and with a new representative, the applicant has taEcen into consideration the suggestions of staff and the PEC to begin with a proposal to amend the Vaif Land Use Plan, specifically the language describing the Community Commercial land use designation, and the C7fficial Town of Vail Land Use Map which presently identifies the three parcels on the north end of their development site as being Medium Density Residential. The applicant is proposing to amend the Land Use Map to change the designation of thane three parcels to Community Commercia! as a matter of consistency, and in consideration of their existing and proposed use. Pursuant to Chapter VIII, Section 3, Town of Vail Land Use Plan, the recommended process will entail amending the Town of Vail Land Use Plan to amend the Land Use Map as described above, and modify the language of the Community Commercial land use designation as listed in the Town of Vail Land Use Plan. V. PROPdSED PLAN AMENDMENTS As indicated above, a portiorr;of the Apex at Vail site is designated Community Commercial and a smaller par#ion of the site is designated Medium Density Residential by the Land Use Plan. The Land Use Plan was adopted in 198E, 5 years after the site was annexed to the Town and was zoned GC3. The proposed change will provide one designation for the entire site of Community Commercial , Additionally, the definition of Community Commercial is also proposed to be amended. The existing definition states: "This area is designed to meet the consumer demands from community residents. Primary uses would include supermarkets, dry cleaning establishments, hardware stares, service stations, financial institutions acrd medical offices. The design of these facilities would be oriented toward vehicular access and parking. " VI1. The applicant proposes to amend the aforementioned definition as follows: knew language is shown in bald italics) "The areas shown as community commercial are intended to serve bath the local residents of Vail, the community at large, as weft as visitors to Vail. Uses in #his area may include, but are not limited to, grocery stores, retail stares, personal services, eating and drinking establishments, prafessibnal offices, automotive service stations, lodging facilities, multiple-family residential, fractional ownership, and other uses which blend the needs of the local popufation and that of the visitor. It is recognized that uses in these areas should be designed to accommodate vehicular access and an appropriate lave! of parking." Essentially, the aforementioned language proposed by the applicant would result in the ability, from a land use plan perspective, to create what would amount to a mixed use development. SITE ANALYSIS (Note: The subject property is comprised of four separate lots totaling 3.94 acres ar 172,018 sq ft.) Project site: Lots 1, 2, and 3, and Tract C, Vail Das Schone Filing 1; and Lot 1, Block A, Inn at West Vail Land Use Designation.: Community Commercial & Medium Density Residential Current Land Use: Lodge/HotellEating & Drinking Establishments Development Standard Lot Area: Buildable Lot Area Existinq 172,018 sq ft 3.89© acres (169,448 sq ft) Allowed/Req. (CC3) 25,000 sq ft 25,000 sq ft • • 3 Setbacks: Front: ~63' 20' Sides: 123'!40' 20' Rear: $2' 20' wilding Height: Flat roof: 35° Sloped roof 56' 38' Qensity: 19 DUs & 46 DUs $3 AUs 0 AUs ~GF~FA: 43,532 sq ft 51,$00 sq ft Site Co~rerage: 16% 40% (34,53$ sq ft) (6$,$01 sq ft) Landscape Area: 14% 25% (24,082 sq ft) (43,001 sq ft) VIII. APPLICABLE PLANNING DOCUMENTS The Town of Vail Land Use Plan (in part) Under the "Preferred Plan'" Land Use Pattern section of the Vail Land Use Plan, the following is stated (p. 36): ~. Commercial Uses 4. Gammunity Commercial This new category has been designated for the west Vail commercial area, which is primarily oriented to serve the needs of the permanent resident and the long-term visitor. Because the community expressed the desire to concentrate commercial uses within existing commercial nodes, no new commercial areas have been designated. The CC land use area contains 24 acres or 1 °!° of the land area. Medium Density Residential The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional/public uses such as parks, open space, churches, and fire stations. (Chapter VI, pg 32, Town of Vail Land Use Plan} • 4 tX. STAEF REGQMMENDATION Staff would like to receiae comments and insights from the Planning and Environmental Commission SPEC} and interested citizens of Vail on how to proceed with the proposed plan amendments. X. ATTAGHME=NTS A. Vicinity Map i3, Applicant's Proposal C. Official Land Use Map • • Pk , C11 ~, ~" a< . .~ ~ w ~ v Qe `~ ~. '"~~` ~;" , ." - ;3 ~, ~ P `~ ~ t . ~~, Q~% lei? i Q ~"~ 'X'""' ~ , ~~++ ~1I . ~ C~ ~~., ~ ~~\ ti// Q ~ j ~~ L ~ ~~ ~ ' ~~ ro; ~l ~ ,~f N ~ {. ~ . ~ ~+. ~~ '{{ ~ ~ ,,`' r~ ~r .5r .. ~~ ~~ '.~ .}n> ''' 0. l sy~ ,a '~ ~-, ~ dS "~~ ~ ~ ~~ ~ ,~ ~ ~ ; a pd ~ ~ ~~ ~ ~ +, E 6 - s.s Y `~," \~ ~~ `o\ ~~~ °~ '~t ti .\ ,r,. , ; '- i 1 i ~~ ~ ~w , rZ" ~. 5 1, ~~' Yti ? :. + O L ~, ' S '1~ y 4 ~'S _ C^ 3_ K :. Vii. ~ V r s . , t "ti < ~' /i+' ~ `~U Ga y ~4~ i ~ ~ ~ ~~, ~ ~ . ~ ~`~ -: ~s ~ ~ a . f ' ~' ,~ t ~ A. -.. 4 .. ~ /~G6 _ y'.r C p _ r ~~ ,, ~ ~~~. r,. t* 4 :T ~ lv., f ~~~wrr r,.`~. __ _ 'j'am A ' k~ ~~ ~ ~ .. { '' r '~~ r _ f~ ~.-, ~. 1 r.•.. ~ r-. . i Attachment. B Apex at Va i l holiday Inn Ap~licatson for Land Use Plan Amendment Marcie I4, 2~C~5 f~epres~nted by: ~~ ~ ~ Mauri~lla Planning Group I. Description of Bequest l~ The new owners of the Apex at Vail Condom~n~ums and ~ioliday Inn have been working aggressively to improve this fodc~~ng and commercial faciliL-y ~n West VaiP. Much of the interior of this facility has been upgraded with the goal of attracting repeat guest business and to maintain loyalty of the local residents. The upgrades to the property and the new management of the facility have already resulted in h,gher occupancy rates as is evidenced by higher revenue collect,ons in ~G04. This appl~cat~on is the fast step in a process which we hope will result in the further upgrading of this faci9ity especially to the outward appearance of the facility, whole maintaining the lodging fac~l~t~es and locally oriented commercial businesses. Whether or not a development project is approved as a result of the proposed land use amendments, the amendments are necessary to reflect the current character of the area. The Apex at Vaol property consists of two parcels of the land. The ma~orsty of the site is designated by the land use plan as Community Commercial, while the northern portion of the site as designated Medaum Density Bes~dential (see map below}. This application will change the designation of the northern portion of the site to Community Commercial so that there is one consistent des~gnatpon of the property consistent with the exerting zoning on the property of Commercial Core 3 (CC3) (that ~s, the entire parcel ss zoned today as CC3;. The application also proposes to amend the descrsption of Community Commercial to have it reflect more of today's realties of businesses in the West Vail area. The specific text changes are explained within this report. Apex at Vail1'tioliday Inn Maurrello Planning Group, LLC • • aura-<: x,~h Uerls;dy Residential Hirisida Residentral Vrll.agQ h'fd516"r Plan 7aurrsf Gammereial `~ Rasort AccommodsUorts and Services ~ 7rartsiilan Area Commurrity Commercial / Commurtlty Oilice i4.~:~- Park ~?~'. Open SPacs Saml-pultrlc +} Skl ease * sxr PorPai 1-7d ~ lrsf9rstate PO G'orrrdar S1 .13 V~ KEY NOTE: All lantlb outald~ of land Lli~ Plilt 9oundaYy tIT~ r+fsUnsid to h® Oprn Spaci_ Land Use Plan Baundary.,...,_,., and lawn 8oundary• ,-~ are the same except wt16rB Shpwn. ~OV -Land Use Map Apex at Vart4/1loliday Inn Maur~elio Plannrng Group, LLC II. ~iistor/ and P~ackr~round The Apex at 1fa~llholiday Inn Site was annexed to the Town of Vail as part of a larger annexation of the West Vail area by Ordnance hlo. 43, Series of 1980. The hotel and commercial bu~fd~ng had dust received a Certificate of Occupancy from the County in 1979, so the facslity was newly constructed when ~t was annexed to the Town. ;=arly in ! 98 ! and within 90 days of being annexed to the Town the site was zoned Commercial Care 3 along wath the other adjacent commercial properties m West Vail. The ordinance which zoned this property was the same ordinance that created the CC3 zone district ~Ord~nance No. I I . Series of f 98 I ). It appears that the zone district. was created quickly in order to meet the statutory rer~uirement of zoning the property within '90 days of annexation. The CC3 zone district upon appl~cat~on to thPS site rendered the existing hotel (76 hotel morns) and condominiums (1 9 dwelling units with 20 lock-offs) nonconforming uses. The only uses on the site today allowed by zoning are the commercial spaces. A nonconforming use is a use that the Town and the zoning code are encouraging to be removed from the zone dEStrict in which it is located. A nonconforming use cannot be expanded or modified except ff changed to a permuted or conditional use. • Apex at VaslJl~ol~day Inn Maurielia Planning Gr©up, LLG 3 R Portion of Building with Hotel Roams and Condominiums Existing Gondltlon~ ~1 ~J • ~. . ~,-~; _-:~_ .. Apex at Va~llrlal~day Inn Mauriello Plannrn9 Group, LLG 'NeEghbarEnc~ U~e~ First Bank Building Mixed Single-Family and 11~7u11iple-Fancily Rcsiclential West Vail Mall Apex at UasE/Holiday Inn Niauriello Planning Group, LLC 5 Details of Mari Amendment and Text Amendrrrent As indicated above, a portion of the Apex at Vail site is designated Community ~ Cammerc~al and a smaller portion of the site is designated Medium Density. Residential by the land Use Plan. The Land Use Plan was adopted in 1986 same 5 years after the site was annexed to the Town ar,d was zoned CC3. The proposed change will provide one designation for the entire site of Commurnty Comrrterc~al (see map that follows). • Apex at VaiUl~oliday Inn ~; Mauriellr Planning Group, LLC P~°oposed I..~nd Use ti'r~~~ Amendment Additionally, the definition of Community Commercial is aVso proposed to be amended. The existing defin~t~on states: Thrs area is desegned to meet the consumer demands from cammunoty residents. Primary uses would rnclvde supermarkets: dry cleaning esta'r~lishments, hardware stores, sevice stations, financiaP inst,tutrpns and medical offices. The design of these fac~l~t~es would be oriented toward' vehicular access and parking. This defEn~tion, created 20 years ago, does not refEect the current character of this commercoal area or the market it serves. This def~n~t~on very rFarrowly defines the uses ~n this area as onl y serving the demands of community residents. While it ~s true today that the uses located in this area and allowed by the current zoning provide services and products to the local residents, the users today also- serve the visitor and guests to the Town. Far example, a n~a~or portion of Gaits Sports baseness tames from rentals and services to guests. The same is true of McDanalds, Safeway, City Market, West Vall I~ig,uor, and all of the restaurants located ,n thQS area of Tawn. The existing definition Egnores the fact that there is a hotel and condominium located in this area such as the hol,day Inn, the Apex at Vail Condominiums, the Vail Das Schone Condomrnrums 6ocated above Ace hardware, and Vail Commons, The proposed deftn~tion recognizes the area as serving the community residents and wei! as the tourist/guest market as it does today. The proposed def~nit~on states: The areas Shawn as community cammerc~al are intended to serve both the local residents of Vail, the community at large, as well as visktars to Vail. Uses in this area may pnclude, but are not I~mited to, grocery stores, retail stores, personal services, eating and drinking e5tabli5hment~, professional offices, automotive service stations, lodging facil~t~es, multiple-family residential, fract~anal awnersh~p, and other uses which blend the needs of the local populatlan and that of the visitor. It is recognized that uses on these areas should be designed to accommodate vehicular access and an appropriate level of parking. Apex a~ Vaillhdliday Inn 7 Maune.lla Planning Group, LlC r1 } • Area of Site Currently Desibniked 1s Mediurra Der-sity Residcritia! Apex at VaillFioliday Inn 8 Mauriello Planning Group, LLC IV. Lanq Term Development C~b,ect,ves `~ ~Xlstlnq L15e5 The s,te today contains 19 condomin,um5 and 2© lock-offs ,n the Apex Condom,n,ums and 7'6 hots! rooms ,n the Hol,day Inn. All of the units are available to the public for short-term overnight accommodatrons (i.e., ! 15 units available for short term rental), The facility contains approximately 43,32 sd. ft. of GRFA. I he existing commercial Space on the site (office, retail, and restaurant) totals approximately 10,635 gross sd. ft. There are three existing conference rooms totaling approximately 5,35C? sq. ft. Redevelopment Objectives The applicant's ultimate goal is to redevelop this site maintaining the existing hotel and condominium units located onsite, expanding the square footage of local retail and commercial space, adding addstional dwelling units, and introducing a fractional fee club to the property. The main hotel building would be maintained on the site but the other commercial portions of the buiEding would be demolished and rebuiCt to today's standards of duality construct,on, The maJority of the parking would be located in a below grade parking structure and the entire facility would be upgraded in architectural duality. The entire facility would continue to operate with all of the units rented as part of the short-term rental good. The proposed plans are still very much conceptual at this point as we are looking far input and direction from the Planning a'rid Environmental Commission and the Town staff before proceeding with plans for the site. Rezondna vs. Gods Amendment In order to accomplish the redevelopment objectives of the owner, the property will ultimately redu,re either a code amendment to allow multiple-family and lodging uses in the CC3 zone district or require a rezonmg to a zone distnct which more accurately reflects the existing and proposed uses. A text amendment to CC3 will ampact not only the Apex at Vail site; but also the other commercial properties zoned CC3 in the area. While we rernain open to suggestions, our preferred approach is to rezone the property to a zone district that more closely reflects the existing uses onsite. hlowever, there ,s no one zone distract which matches the existing or proposed uses perfectly; therefore any rezonmg will require a Special Development District. 11tr'e belaeve that Public Accommodation with an 5DD rs the appropriate approach to approving the proposed redevelopment plan for the site. • Apex at Vail/F141iday Inn ~ I~Aauriello Planning Group, LLG Conceratuai PA Zor~Eng AnalvsEs The follow,nr~ chart EndECates haw the exESt~ng and proposed sEte would comply , wEth the PA zone d,StrECt and where devEatEOns would be rec~uared as part of an SDD. Thaw Standards IESted En bold are I~kefy devEatGons from the PA zone dEStr~ct. Lot Area: 3.94; acres or 1 72,0 i 8 scf, ft. Standard ~xEStma Al9awed/Rea. Propased Hotel Rooms 76 Unilimted 76 Lock-offs 20 N/A unknown at thES point FractEOnai Fee 0 UnlEmited 87 (approximately) Dwelling Units 1 J 98 Q8 (approxEmately) GRFA 43,532 5f 258,028 5f 2 ~ 4,000 5f Commercial Space 10,635 sf 32, ! 00 sf 32,000 sf" BuEldEng Height Setbacks SEte Coverage Landscape Area V y 20' + 34 , 5 38 sf 24,082 sf (mEn) 15%a of GRFA 48' 20' !Il,8125f 5 1 ,606 5f (min) UndetermEned 20' 67,000 sf 5 2 , 000 sf 'The commercial ~r~, ft. conceptuaEly includes ! 3,000 sf office, G,500 sf health dublspa, and 1 2,500 sf retail/restaurant, Other IEkely devEatEOns are to the defEnEtEor~ of a lodge (°7io dwellEng unEtS vs. % accommodatEOn unEts) and to the rec~uErement that any new GRFA added to a PA zoned property must be 70°Io accommodatEOn unit GSA. Apex at Va~lJflaEsday Inn I [} INlaur~ello Planning Group, LLG • C®nceptual Plan - Maln Level GH~'M~NIn fJnderground Parking ~~~- ~,P rrarFl arrar~ ~ ~ Cu"r~ii~i~1211 ~pit~,~i{r~;1r ~ I New ReG~il --, 11f1CN11rC191f1'! t'[irlr2,9r C"~,`YF` ~ `r`te°~ fi FICSr1~7G !l~!lU11~ rN1r Existing Hotel Core T"o Remain 1 - 70 NORTh1 FRONTAGE ROAD ~~f ~ L ~~r~ ~L ~r~ SCALE T"=30'-0' xr~d~~~ i } o~-rtes Apex at vail/Fioliday Inn Mauree1lo Planning Group, LLC • Conceptual Plan - 2"`~ Level _.~eti,i(~~~~ Existing Hotel Co~~e Tn I?n....:~.~ Uf ~IEing anal Fee ! - TO IVO,S'TN FRONTAGE Rf.JAlJ - _- - _ tl ~~U ~11 Apex at Vail/riolsday Inn Mauriello r"'lannon9 Group, LLC SCALE: Y' = 30' - 0' ,~ i • Con~.eptual Plan - 3~d, 4En, Stn Lever ,; Dwelli~~g ractional Fee Lnx~de ~1nc r~~Xr~ irvrrs • 1 ~l~il Uf ~~U ~ r ~ ~~~~~ ~ ~Y ~~ ~ ! L JI __.._. scnc~: i ~ ~ gip. a~ Apex at VaiV~4oliday Inn Maurieilo Planning Croup, LLC ~~ I - 7D NpRTH FRONT.~GE ROAD V. Land Use Mara Amendment Revrew Criteria ,.~ The Land Use Flan includes provis~ans for allowing amendments by either the public sector ar the private sector. '/hen a recfue5t ~s made by the private sector ~t shall ~e demonstrated that one of the following three. factors are present thus permitting a change to the land use plan: A. flow cand~tions have changed since the Plan was adopted; ~i~•r Analysis: It is clear that the (Nest Varl shopping area and the enure valley has matured since the /acrd use plan was adopted rn 1986'. New regional shopping and service opportunities have deve/oped~ust minutes from Vail creating a deed to change the orientation of many of the businesses rn West Vail. Even without changes to market forces, this cornmercia/ area has always functioned to .serve bath the needs of locals and guests tc the area. The i`~'aliday Inn and Apex facilities rn particular have prouided lodging to guests and at the same time restaurants have tended to be local favoretes. It rs obvious condit,ons have changed or that the existing definition was too narrowly defined rn 19r3G. B, How the plan is in erre~r; or Cur Analysis: As stated above, the defirutran of Community Commercial may have been too narrowly defined at the time it was adopted. even r,n I9PE the West Varl commercial area was serving both the focal community as well as the guest ma, ket. Amending the defrnrtion will broaden the scope of the definition arrd allow it to reflect the character of the area and the market as rt exists today. The proposed map amendment rs necessary to correct a potentcal oversight in the original mapping far the land use plan. When the Apex at Vail property was annexed to the Tawn the entire site was zoned CC.~. The site included three small lots that were Later eliminated which may have origrnaCly been p{armed for residential type development. The Land Use Ilan was adopted 5 years later and designated a porfion of the site medium density residential. The proposed map amendment will create consistency between the zoning on the property and the Apex at vail/f-ioliday Inn ~ q Nlaur~ello Planning Group, LAC land use plan. The land use plan itself supports the change to the map as rt states "where carflicts arrse between z©nrnc~ and prppased lard use categ~rres (and changes have opt been made rn the development e~f the rmplerrrertatron measures descrrbed hererrrf exrstrr~g zorrrng shall rcntrc,r" ('pat'e ~'OJ. ,~,!© actrons have been take,-i rn 20 years to address tlrrs rncansrst.~:,7c}., w,`rrch suppart5 the idea that the zonrng controls acrd that the land' use plan should be amended. The proposed changes are warranted due to errr~rs or changing cordrtrans rn the area, C. f~1ow the addstion, deletion, or change to the Plan is ~n concert with the Plan in general, Our ~inalvsrs: the proposed changes to the land use plan map and definition of ~ommunrty Comrriercra0 are consistent with the Plan rn genera! and supported 6t' the goals arrd policies of the plan. • Apex ai: Vaill~iol~day Inn f ~ Mau~^iello Planning Group, LLC VI. Land Use Plan 5upe~ortin~ Goals and PoRicies The following goals and polices support the proposed changes to the Land Use Plan: I , I Vail should continue to grow in a controlled environment, maintaining a balance bettiveen residential, commercial and recreational uses to serve both the visitor and the permanent resident. I ,2 The duality of the environment including air, water and other natural resources should be protected as the Town grows. I .3 The c~ualrty of development should be ma~nta~ned and upgraded whenever possible. I . ! 2 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2, I The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders Should work together closely to make exist,ng lac+l~t~es and the Town function more effectively. 3. I The hoteP bed base shoo€d be preserved and used more efficiently. 3.3 hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged, .3.z1 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 5. I Additional residentiah growth should continue to occur primarily in existing, platted areas and a5 appropriate in new areas where high hazards do not ex€st, 5.~ Quality time share units should be accommodated to help keep occupancy rates up, Apex at Vail/O~oliday Inn I ~ Maur:eflo Planning Group, LL~C 5.3 Affordable employee housing should be made available through private efforts, assisted by l~mit~d incentives, prov:ded by the Town of Vail, with appropriate restr~ct~ons. • 5.4 ~esidentiai growth should keep pace with the market place demands for a full range of houSNng types. 5.5 The existing employee hauling base should be preserved and upgraded. Additions! employee hauling needs should be accommodated at varied sites throughout the community, Apex at Vaal/Hr~l~day inn Mauriello Planning Group, LLC 17 VII. Next Steps ~n f~ev~ew Process .~ Upon receiving ~npvt and direction from the Planning and Environmental Commission and the Town staff, we plan to of~tain approval for the proposed' Lind Use Plan amendments, make application to rezone the property or amend the CC3 zone drstr~ct, and process an SpD application as necessary to obtain approval of t}7e project. • i Apex at Vail/nafiday Inn f g Mauraellfl Planning Gr©up, LLC