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PUBLIC 1NELCOME 12:04 pm MEMBERS PRESENT MEMBERS ABSENT Site Visits:. 1. Vail Village Inn -100 East Meadow Drive 2. Talisman Condominiums - C2 East Meadow Drive 3. C3lgilby Residence - 2883 Kinnikinnick Raad Driver: George Public Hearing -Town Council Chambers 2:00 pm 1. A request far final review of a conditional use permit, pursuant. to Section 12-6E-3, Conditional Uses, Vail Tawn Cade, to allow for construction of a Type III Employee Housing Unit (EHU}; a request far final review of a variance from Section 12-13-4, Requirements by Employee Hauling Unit (EHU) Type, Vail Tawn Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a Gross Residential Floor Area garage credit; and a request far final review of a flaadplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Tawn Code; located at 2883 Kinnikinnick RoadlException to Phase II, Vail Intermountain Swim and Tennis Club Condominiums; and setting forth details in regard thereto. Applicant: Chuck Olglby Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 2. A request for final review of a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Cade, to allow far a professional and business office {real estate office) for the Vail Plaza Hotel and Club, located at 100 East Meadow Drive #3Nillage Inn Playa, Phase IV, Lat M, ICI, O, Block 5D, Vail Village 1riling 1 and setting forth details in regard thereto. Applicant: Vail Village Inn, represented by Connie Dorsey Planner: George Ruttier ACTION: MOTION: SECOND: VOTE: 3. A request for final review of a major exterior alteration, pursuant to Section 12-7A-12, Exterior Alterations or Modifications, and a final review of a variance from Section 12-7A-10, Landscaping and Site Development, pursuant to Chapter 12-17, Variances, Vail Tawn Code, to allow for the construction of a new underground parking garage and an above ground elevator tower, located at f2 East Meadow Drive {Talisman Condominiums)/Lot L, Block 5E, Vail Village Filing 1, and setting forth details in regard thereto. Applicant; Talisman Gondorninum Association, represented by Resort Design Associates Planner: George Ruttier ACTION: MOTION: SECOND: VOTE: 4. A request for a recommendation to the Vail Town Council of amendment to the Lionshead Public Facilities Development Plan to include the use of tax increment financing as provided by the Urban Renewal Law. The specific description and area for the Lionshead Public Facilities Development Plan are in the Community Development Department. The general description '~ includes that area north of Gore Creek, west of Middle Creek, east of Red Sandstone Creek and south of Interstate 70 in the Town of Vail. Applicant: Vail Reinvestment Authority Planner; Russell Forrest ACTION: MOTION: SECOND: VOTE: 5. 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 AGTION: WITHDRAWN 6. A request for a final review of a conditional use permit, pursuant to Section 12-3C-3, Conditional Uses, Vail Town Code, to allow for a public convention facility and public parking #acilities and structures, located at 395 East Lionshead CirclefLot 1, Bloch 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson ACTION: WITHDRAWN 7. A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat i~ Review Procedures, Vail Town Code, to allow for an amendment to an existing platted building envelope, located at 971 Spraddle Creek RoadlLot 8, Spraddle Creek Subdivision, and setting forth details in regard thereto. Applicant: Franco D'Agostino, represented by Zehren & Associates Planner: Matt Gennett ACTION: WITHDRAWN 8. Approval of May 9, 2005 minutes MOTION: SECOND: VOTE: 3. Infiormation Update 10. Ad}ournment MOTION: SECOND: VOTE: The applicatlans and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, ?5 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 Val! Community Development Department. Please call (970} 473-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970} 479-2358, Telephone for the Hearing Impaired, for information. Community Development Department Published May 20, 2005, in the Vail Daily • MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: May 23, 2005 SUBJECT: A request for final review of a conditional use permit, pursuant to Section 12-6E- 3, Conditional Uses, Vail Town Code, to allow far construction of a Type III Employee Housing Unit {EHU); a request for final review of a variance from Section 12-13-4, Requirements by Employee Housing Unit {EHU) Type, Vail Town Code; to allow for a Gross Residential Floor Area garage credit, pursuant to Chapter 12-17, Variances, Vaif Town Gode; and a request for final review of a floodplain modification, pursuant to Chapter 14-ti, Grading Standards, Vail Town Code; located at 2883 Kinnikinnick RoadlException to Phase ll, Vail Intermountain Swim and Tennis Club Condominiums; and setting forth details in regard thereto. (P EC05-40331PEC05-0034) Applicant: Planner: • SUMMARY Chuck Olgilby Bill Gibson The applicant, Chuck Oigilby, is requesting a conditional use permit, pursuant to Section 12-~6E-3, Conditional Uses, Vail Town Code, to allow for construction of a Type III Employee Housing Unit {EHU); and a request for final review of a variance from Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code; to allow for a Gross Residential Floor Area garage credit, pursuant to Chapter 12-17, Variances, Vail Town Cade, located at 2883 Kinnikinnick Road {i.e. tennis court site at the corner of Kinnikinnick Road and South Frontage Road). The applicant has withdrawn the request for a floodplain modification. Based upon Staffs review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of the requested conditional use permit and variance subject to the findings and conditions noted in Section 1X of this memorandum. II. [3ESCRIPT10N QF THE REQUEST The applicant, Chuck Olgilby, is proposing to construct a Type III EHU residence at 2883 Kinnikinnick Road {i.e. tennis court site at the corner of Kinnikinnick Road and South Frontage Road). This property is zoned Residential Cluster {RC) District, and therefore the construction of a Type III EHU requires Planning and Environmental Commission approval of a conditional use permit. As proposed, this residence will be atwo-bedroom, two-story (plus basement), single- family format structure. The applicant is proposing slog-cabin design consistent with the architectural design and details of the adjacent log-cabin style Lodges at Timber Creek Condominiums. Pursuant tc3 Section 12-13-4, Vail Town Code, the maximum allowable size of a Type 111 EHU is 1,200 sq. ft. The applicant is proposing to utilize all available 1,200 sq. ft. as living area an the main and upper levels of the structure. However, the applicant is also proposing to construct a two-car garage on the basement level of the structure, thus exceeding the maximum allowable size limits. The applicant is requesting a variance to allow for the construction of this proposed garage. This residence will be permanently deed restricted as a Type III EHU. This EMU may be sold or transferred separately from any other property, and the deed restriction will not regulate who owns the residence or any detail of a sale transaction. However, this deed restriction will require that the home is occupied by a "permanent resident" of Eagle County who complies with the deed restriction's employment requirements; whether the residence is owner-occupied or rented to a separate tenant. This site is located adjacent to Gore Creek and the applicant's original proposal including grading within the 104-year flaodplain. The applicant has since revised the proposal and eliminated grading within the flaodplain, and therefore has withdrawn the flood plain modification application. A vicinity map (Attachment A), the applicant's request (Attachment B}, and architectural plans and photographs (Attachment C} have been attached far reference. III. BACKGROUND The existing tennis court site at 2883 Kinnikinnick Road is zoned Residential Cluster {RC} District and is a part of the 5.116 acre overall development site for the Vail Intermountain Swim and Tennis Club Condominiums and the Lodges at Timber Creek Condominiums. The Vail Intermountain Swirn and Tennis Club Condominiums and the Lodges at Timber Creek Condominiums development site was originally approved under Eagle County jurisdiction and annexed into the Town of Vail, pursuant to Ordinance No. 13, Series of 1981. The original. Eagle County approval permitted the construction of 24 dwelling units an this development site. However, the Tawn of Vail's Residential Cluster (RC) District standards only permitted the construction of 20 dwelling units. As stipulated by Ordinance No. 13, Series of 1981, the Vail Intermountain Swirn and Tennis Club Condominiums and the Lodges at Timber Creek Condominiums were permitted to be constructed as originally approved by Eagle County. A total of 26 units have been constructed on the Vail Intermountain Swim and Tennis Club Condominiums and the Lodges at Timber Creek Condominiums development site.. l=our of these units are deed restricted EHUs; which are excluded from the density and GRFA calculations for the development site, pursuant to Section 12-13-4, Vail Tawn Code. The remaining 22 units are considered "dwelling units". Therefore, the Vail Intermountain Swim and Tennis Club Condominiums and the Lodges at Timber Creek Condominiums development site is currently legally non-conforming in regard to the density provisions of the Residential Cluster SRC} zone district {i.e. 22 dwelling units constructed, but only 20 dwelling units allowed). Since the Vail Intermountain Swim and Tennis Glub Condominiums and the Lodges at Timber Creek Condominiums exceed the density requirements of the Residential Cluster (RC) zone district, na new "dwelling units" are permitted to be constructed an this overall development site. However, 2 pursuant to Section 12-13-4, Vail Town Code, Type III EHUs are excluded from density and GRFA calculations. Therefore, an unlimited number of Type III EHUs may be constructed on this development site subject to Planning and Environmental Commission approvaE of a conditional use permit, IV. ROLES OF REVIEWING BODIES Order of Review: Generally, conditional use permit and variance applications will be reviewed by the Planning and Environmental Commission, and then any accompanying design review application will be reviewed by the Design Review Board. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of a conditional use permit application, in accordance with Chapter 12-1~, Conditional Use Permits, Vail Town Code. The Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of a variance application, in accordance with Chapter 12-17, Variances, Vail Town Code. Design Review Board: The assign Review Board has no review authority over a conditional use permit or variance application. However, the Design Review Board is responsible for the final approval, approval with modifications, ar denial of any accompanying design review application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission andfor Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission andlor Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Cade. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code ARTICLE 12-6E: RESIDENTIAL CLUSTER (RC) DISTRICT (in part) 12-6E-1: PURPOSE: The residential clusfer district is intended to provide sites for single-family, two- famify, and multiple-family dwellings at a density not exceeding six (6) dwelling units per acre, together with such pubNc facilities as may appropriately lac located in the same district. The residential cluster district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with 3 residential occupancy, and to maintain the desirable residential qualities of the district by establishing appropriate site development standards. 12-6E-3: CfJN'DITIONAL USES (in part): The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 7 fi of Phis title: Type III employee housing units (~EHU) as provided in chapter 13 of this title. CHAPTER 12-1~i: CONDITIONAL USES PERMITS (irr part) Section 9 2-16- 9: Purpose; Limitations In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a condifiona! use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be Iacated properly with respect to the purposes of this title and with respect to their effects on surrounding properties, The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as condifiona! uses in fhe various districts may be permr"tfed subject to such conditions and limitations as fhe Tawn may prescribe to insure that the location and operation of the condifiona! uses will be in accordance with the development objectives of fhe Town and will not be detrimental to other uses ar properties. Where conditions cannot be devised, to achieve these objectives, applications far conditional use permits shall be denied. CHAPTER 12-13, EMPLOYEE HOUSING: {in part 2-73-~.• PURPOSE: The Town's economy is Iargely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. Ta achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a critical rote in creating quality living and working conditions for the community's work force. The Tawn recognizes a permanent, year-round population plays an important role in sustaining a healthy, viable community. Further, the Town recognizes its role in conjunction with the private sector in ensuring hauling is available. The Town Council may pursue additional incentives administratively to encourage the development of employee housing units. These incentives may include, but are not limited to, cash vouchers, fee waivers, tax abatement and in- kind services to owners and creators of employee housing units.. The Town or the Town's designee may maintain a registry and create lists of all deed restricted housing units created in the Town to assist employers and those seeking housing. f~ 4 • • • ~~ ~ Q x °~ ~ .~ °a °° ~ ~ ~ .~ •~ ^~ ~ ~ [~ ~ v ~ O ~ O C~ ao ~ i ' ~ ~ ~ m v d ~ ~ _~ _~ 0 0 O~ ry 4 0 0 0~~ v ~4 m SZ R ~~ _ ti O y ~ e ~' ~ ~~ w ~ ~~ ~-' ~ v a~ c Q C7 U ~ ~ ~~, j Q ray ~~y~ ,~ D b'-0 v V ~~+ ;~ ~~~ +l ~ O ~ C t ~ \ V c!y ~A d .y v ~. "~ '~ Y~~ ti q W d ~ K ' q y O v ry ~ ~ 4 .~ ti ~ C q} ~ O ~`u ti U ~ °`~, ~ `' y i '~~ tU ~ .~ i ~' -a ~ i ~ G C' r ,q ~ ~ rv ~ ~_ c; °' ~ °i ~ ~ ° c O ~ e ~' ~ V ~: CU f1) ~ N ~ py G U ~.' ~ y >. >`• ~ ~ „ 'y ~ G ~ cqn U ~1 3Y C? c N~-o' y.:a.a~ U~y~.S ~~`,CUUUU U~4,C7r. °- w ~' VI. ZONING ANALYSIS Address: 2883 iSinnikinnick Road Legal Description: Exception to Phase II, Vail Intermount ain Swim and Tennis Club Zoning: Residential Cluster (RC) District Land Use Pian Designation: Medium Density Residential Currenf Land Use: tennis court Development Site Size: 5.116 acres {222,849 sq,ft.) EHU Site Size: fl_274 acres {11,935 sq.ft.) 'Buildable Development Site: 3.817 acres (166,277 sq.ft.) Hazards: 140-year Gore Creek Floodplain Total Site Standards AllowedlReQUired Existinq Proposed Dwelling Density (max): 20 units* 22 units no change EHU Density {max): unlimited 4 units 5 units(1 new) Density, GRFA (max): 45,169 sq.ft.** 38,469 sq.ft.*** no change Site Coverage (max): 57,712 sq.ft.**(35°l0} 24,445 sq.ft, (15%} 25,300 sq_ft.(15%) Landscape Area (min}: 133,709 sq.ft.*(60%) 135,988 sq.ft. {fit°!°) 142,634 sq.ft. (64%) EHU Standards AllowedfReouired Existinq Praaosed Setbacks (min}: Front: 20 ft. nla 92 ft. Side: 15 ff. nla 22 ft. Side: 15 ft. nfa nfa Rear: 15 ft. nfa nfa Building Height (max}: 33 ft. nfa 33 ft. EHU size (max): 1,200 sq.ft. nfa 1,200 sq.ft. plus 775 sq.ft. garage Parking (min}: 2 spaces nfa 4 spaces (2 enclosed} *Allawed per Residential Cluster District *"Allowed per Annexation Agreement Rezoning *** GRFA calculation methods prior to Ordinance 14, 20fl4 Note: The above listed calculations are based upon the original development plan approvals and survey data. An Apri12{]05 survey calculates the development site size as 220,414 sg. tt. 1111. SURROUNDING LAND USES AND ZONING Current Land Uses North: South Frontage Roadfl-7(} South: Multiple-family residential East: Multiple-family residential West: Multiple-family residential Vlli. REVIEW CRITERIA, CONDITIONAL USE PERMIT Zoning Unzoned Residential Cluster District Residential Cluster District Residential Cluster District The Planning and Environmental Commission shalt consider the following factors with respect to a conditional use permit application: 1. Relationship and impact of the use on the development objectives of the Towrn. C7 6 When the Town Council adopted the Town of Vail Affordable Housing Study on November 20, 1990, it recognized a need to increase the supply of housing units for "locals". The Town encourages EHUs as a means of providing quality living conditions and expanding the supply of employee housing for both permanent and seasonal local residents. Therefore, Staff believes this proposal is consistent with this development objective. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff does not believe this proposal will have a significant negative effect upon light and air, population distribution, transportation, utilities, schools or parks, or any public facilities. To date, a tennis court has served as a private recreation facility an this site. In recent years this tennis court has Beldam been used and has fallen into a state of disrepair. The applicant has recently received Town of Vail design review approval to remove the tennis court and restore the site with vegetation. Therefore, Staff does not believe this proposal will have a significant negative effect upon this criterion. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. This proposal complies with all Town of Vail engineering standards for access, parking, snow removal, etc. Therefore, Staff does not believe this proposal will have a significant negative effect upon this criterion. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The applicant is proposing alog-cabin style structure consistent with the scalelbulk and architectural designldetail of the adjacent log-cabin style Lodges at Timber Creek Condominiums. Therefore, Staff does not believe this proposal will have a significant negative effect upon this criterion. VARIANCE The Planning and Environmental Commission shall consider the following factors with respect to a variance application: 1. The relationshiip of the requested variance to other existing or potential uses and structures in the vicinity. A principle development objective of the Town of Vail is to encourage the construction of housing for local residents. In response to #his objective, the Vail Town Code includes numerous incentives far the construction of EHUs. 7 One of these incentives includes the provision that Type III EHUs are excluded from both density and GRFA calculations, pursuant to Section 12- 13-4, Vail Town Code. The Vail Town Code also encourages, occasionally requires, the Construction of garages and similar storage areas for both dwelling units and EHUs. As incentive the Town of VaiC's GRFA calculation methods include a variety of deductions (credits) for garages. For example, Type I and Type IV EHUs are eligible for up to fi04 sq. ft. of GRFA garage deduction, and Type II EHUs are eligible for up to 304 sq. ft. of GRFA garage deduction. The amount of GRFA garage deduction granted to a Type VI EHU is determined by Planning and Environmental Commission. However, Type V EHUs (only permitted in the Spraddle Creek Subdivision} are explicitly not entitled to a GRFA garage deduction by the Town Code. Although Type III EHUs are not calculated as density or GRFA, the provisions of Section 12-1.3-4, Vail Tawn Code, do regulate the size of these EHUs at a minimum of 300 sq. ft. and a maximum of 1,240 sq. ft. These EHU size limits are determined by using GRFA ealculatian methods. However, the provisions of Section 12-13-4, Vail Town Code, do not explicitly grant nor prohibit garage deductions from being applied to the Type lil EHU size limit calculations, unlike the other EHU types. The "garage areafstorage requirements'" for Type III EHUs are prescribed by the Town Code as "nla". Staff believes these provisions may have been originally prescribed as not applicable since Type III EHUs are only permitted within the Town of Vail's commercial and multiple-family zone districts, and have historically been constructed in either a dormitory or multiple-famaly dwelling format. In these scenarios, parking has been accommodated with surface parking lots or common area enclosed parking structures. Neither surface parking lots nor parking structures are calculated as GRFA, and therefore are not applicable to the size limit calculations for the typical Type III EHU. Instead of proposing to construct a dormitory or multiple-family dwelling format Type Ili EHU, the applicant is proposing to construct a detached single family dwelling format EHU. The applicant is proposing to construct 1,244 sq. ft. of living area, plus a 775 sq. ft. attached garage. Although the proposed garage is 31 feet wide, due to the configuration of the interior staircase on]y two parking spaces can be accommodated {minimum required dimensions are 9'X18'). The proposed garage occupies the basement level of the structure within the building footprint of the living areas above. Since the provisions of Section 12-13-4, Vail Tawn Cade, prescribe the "garage credit/storage requirement" for Type CII EHUs as "n!a"; this can be interpreted that no GRFA garage deduction is available for the Type III EHU size limit calculations. With this interpretation, the applicant's proposed garage is calculated in the same manner as any other living area. The proposed garage occupies the basement level of the structure. As the "lowest level of the structure", this portion of the structure is eligible for a 8 GRFA basement deduction, This 775 sq. ft. garagelbasement level of the structure is approximately 72°/° below grade and is therefore calculated as 217 sq. ft. of GRFA. However, this additional 217 sq. ft. of garage/basement level area added to the 1,200 sq. ft. of living area above, exceeds the maximum size limit for Type III EHUs; thus necessitating the applicant's variance request. The applicant is proposing slog-cabin style structure consistent v~ith the scale/bulk and architectural designfdetail of the adjacent log-cabin style Lodges at Timber Creek Condominiums. The proposed garage, for which this variance is being requested, occupies the basement level of the structure within the building footprint of the living areas above. Therefore, Staff believes the proposed garage will have little physical or visual impact on neighboring uses or structures. Therefore, Staff does not believe this proposal will have a significant negative effect upon this criterion. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title withou# a grant of special privilege. The Vail Town Cade generally encourages, and occasionally requires, the construction of garages and similar storage areas for "dwelling units" and other types of EHUs. However, Staff does not believe the provisions of Section 12-13-4, Vail Town Code, contemplate the construction a Type III EHU with an attached garage, Therefore, Staff believes the applicant. is requesting a variance to the degree necessary to achieve compatibility and uniformity of treatment among sites in the vicinity and to attain the objectives of this title without a grant of special privilege due to the unique detached, single-family dwelling format of the proposed Type III EHU (i.e. rather than the typical dormitory or multiple-family dwelling formats). Staff also believes the original Eagle County development plan approvals and the subsequent annexation agreements with the Town of Vail have created unique circumstance related to the configuration of this EHU site and its associated development rights. 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 does not believe this proposal will have a significant impact an the public health, safety or welfare, public facilities, utilities, or light and air_ 4. Such other factors and criteria as the commission deems applicable to the proposed variance. On May 18, 2005, the Town of Vail Design Review Board conceptually reviewed the applicant's proposal, The Design Review Board was supportive of the architectural design of the EHU, including the basement level garage. The Design Review Board directed the applicant to center the structure on 9 the site, reduce the amount of proposed driveway/parking area, and provide additional landscaping along the perimeter of the site. The applicant agreed to revise the proposal to address these concerns. Ix. STAFF RECOMMENDATION The Department of Community Development recommends the Planning and Environmental Commission approves, with a condition, this conditional use permit, pursuant to Section 12-6E-3, Conditional Uses, Vail Tawn Code, to allow for construction of a Type III Employee Housing Unit (EFiU}, located at 2883 Kinnikinnick RoadfException to Phase II, Vail Intermountain Swim and Tennis Cluh Condominiums; and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve, with a condition, this conditional use permit request, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with a condition, a canditiona! use permit, pursuant to Section 92-fiE-3, Conditional Uses, Val! Town Code, to allow for the construction of a Type Ill Employee Housing Unit (EHU), located at 2883 Kinnikinnick Road/Exception to Phase II, Vail Intermountain Swim and Tennis Club Condominiums; and setting forth details in regard thereto, subject fa the following condition: 7. This approval shah be contingent upon the applicant receiving Town of Vail approval for the design review application associated with this request. " Should the Planning and Environmental Commission choose to approve, with a condition, this conditional use permit request, the Department of Community Development recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VIII this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 9. The proposed Type 111 Employee Housing Unit (ENU), located at 2883 Kinnikinnick Road/Exception fo Phase 11, Vall lntermounfain Swim and Tennis Club Condominiums, is in accordance with fhe purposes of the Zoning Regulations as referenced in Section V of this memorandum to the Planning and Environmental Commission. 2. The proposed Type III Employee Housing Unit (EHU), located at 2883 Kinnr'kinnick RoadfExcepfion to Phase lI, Vail Intermountain Swim and Tennis Club Condominiums, and fhe conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties ar improvements in the vicinity. 1(3 3. The proposed Type Ill Employee Housing Unif (EHU), located at 2883 Kinnikinnick Road/Exception fo Phase !l, Vail Intermountain Swim and Tennis Club Condominiums, complies with each of the applicable provisions of Title 12, Zoning Regulations, Vai! Town Code." The Gammunity Development Department recommends approval, with a condition, of a variance from Section 12-13-4, Requirements by Employee Housing Unit (EHU~ Type, Vail Tawn Code, to allow for a Gross Residential Floor Area garage credit, pursuant to Chapter 12-17, Variances, Vail Tawn Code, located at 2883 Kinniknnick RaadlException to Phase II, Vail Intermountain Swim and Tennis Club Condominiums, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve, with a condition, this variance request, khe Community Development Department recommends the Commission pass the following motion: `"The Planning and Environmental Commission approves, with a condition, the applicant's request fora variance from Section 7'2-?3-4, Requirements by Employee Housing Unit (EHU) Type, Vail T©wn Code, pursuant to Chapter ~2- 17, Variances, Vail Town Code, fa allow. fora Gross Residential Floor Area garage credit, located at 2883 Kinnikinnick Road/Exception to Phase 11, Vail Intermountain Swim and Tennis Club Condominiums, and setting forfh details in regard thereto, subject to the falbwing condition: 1, This approval shall be contingent upon the applicant receiving Tawn of Vail approval for the design review application , associated with this request." Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission makes the fallowing findings: "The Planning and Environmental Commission finds: 7. The granting of this variance will not constitute a granting of special ,privilege inconsistent with the limitations an ether properties classifred in the Residential Gloster (RCJ ©istrict. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, ar materially injurious to properties or improvemenfs in the vicinity. 3. This variance is warranted far the fallowing reasons: a. The strict literal interpretation ar enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Tawn Code. • 11 b. There are exceptions ar exfraardinary circumsta»ces or canditions applicable to the same site of the variance that do not apply generally to other properties in the Residential Cluster (RC) f.~isfrict. c. The sfricf inferpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the Residential Cluster ('RC) District." X. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Architectural Plans D. Public Natice • • 12 ~~~ #g~ P ~"s S~~ fc~ ~5 ~ E l4~ ~g ~~ a~ ~> m~ ~~ ~~ ~~ s 8 E O r r a C 1 i , 0 ' 1 ~ - ~ - •.~ 1 m K s ~ K 5 Zb8.64 O „[ ..- 538 tt ya~E ° ~~£~ ~ ." .i ~ r ~ `~t.~ ~~~~ ,~ _ ~ ~ as F ~; o rro end ~ ; ` ~ _ .a ~~ ~~~~p 4, ~ J t. ~ y ... F. k ~~ ~ ~~ ~`~~ ~ ib a :: j 0 ~ f}., rage ~ ' ~ - . y.} ^ - m Q C~11 111 ~ t`• 'o ~ `a o .$,' 2 ,y g e u i ~~ _ , ~ ~ tn•©ffi , i..v o ~- ~ ;~ - • - N '.a ,` ~ , ~ - • s i i. . 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Ff F ~ 1 r ~a~~ ~ ? ~ L Rt? 2 Y ` ~.. f ,.r 9,~~ r. ~F F , u ~: c ' - ~ ~' ' ,. Attachment: B Apri125, 2005 C7lgilby Residence @ Exemption Parcel Qn Vail lntermtn. Swim & Tennis Phase 2 Vail, Cv 81657 Re: Conditional use Permit for type 3 EHU a. We propose to build a type 3EHU unit with a 3 ear garage below and request a variance for the 900 sq8 of garage space not to be included in the GRFA. b. This project is consistent with the Towns objective for EHU units. c. The single-family occupancy of the unit will have little effect on public facilities or transportation. d. The plans provide plenty of room for snow storage and parking. e. Architecturally the unit will be similar and complement the neighboring structures. S • oav~c~7cy.1 htt tRf I a()33 fld a Q c LL z ~' d Z is U7 R ~ ~~ w~ W ~ L U2R q ~ ~ ~~ a n~ n YYW~t`4.i t r r ` ~F~a opeao`o~ `ile;~ a~uapisa~ ~~~II$j~ G] 4J fn ]~ ~ ~` N ~~~ ~I~f lA.:;y .~IA• N flll! 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Yp}~ S ,. ` s •'r ~ 'i SEA S (R 4 • Ugilby residence exterior finishes W W U W m H Q W C~ O W F- 0 ~ ~ 'c ~ ~ ._ ~ c ~ Q ~ ~ o ~ ~ c ~ © D a~ Y c U a~ rn-- ~ Nei CJ v v cr C!1 0 N N ~~_ Attachment: D _ is TDWN OF Y~IL ~' THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that khe Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, an N(ay 23, 2005, at 2:04 pm in the Town of Vail Municipal Building, in consideration of: A request for final review of a major exterior alteration, pursuant to Section 1.2-7A-12, Exterior Alterations or Modifications, and a final review of a variance from Section 12-7A- 10, Landscaping and Site Development, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a new underground parking garage and an above ground elevator tower, located at 62 East Meadow Drive {Talisman Condominiums}/Lot L, Black 5E, Vail Village Filing 1, and setting forth details in regard thereto.. Applicant: Talisman Condominium Association, represented by Resort Design Associates Planner: George Ruttier A request for final review of a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a professional and business office (real estate offices for the Vail Plaza Hotel and Club, located at 1a0 East Meadow Drive #3Niilage Inn Plaza, Phase IV, Lot M, ttt, O, Block 5D, Vail Village Filing 1 and setting forth details in regard thereto. Applicant: Vail Village inn, represented by Connie Dorsey Planner: George Ruttier A request far final review of a conditional use permit, pursuant to Section 12-8E-3, Conditional Uses, Vail Town Cade, to allow far construction of a Type l 11 Employee ~ t~ ~ ~" Reusing Unit {EHU); a request for fine[ review of a variance from Section 12-13-4, ~r~f ° . Requirements by Employee Housing Unit {EHU) Type, Vail Town Code; to allow fora ~ 4 ,~ Gross Residential Floor Area garage credit; and a request for final review of a flaodplain ,~y`I :.~:~ modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code; located at 2883 Kinnikinnick RoadlException to Phase II, Vail Intermountain Swim and Tennis Club Condominiums; and setting forth details in regard thereto. Applicant: Chuck Oigiiby Planner: Bill Gibson A request for a recommendation to the Vai! Town Council to approve, approve with modification, or deny an amendment to the Lianshead Pubic Facilities Development Plan to include the use of tax increment financing as provided by the Urban Renewal Law . The specific description and area for the Lianshead Pubic Faci{hies Development Plan are in the. Communi#y Development Department. The general description includes that area north of Gore Creek, west of Middle Creek, east of Red Sandstone Creek and south of Interstate 70 in the Tawn of Vail. Applicant: Vail Reinvestment Authority Planner: RusseCl Forrest IUIEM~ORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: May 23, 2045 SUBJECT: A request for a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a professional and business once {real. estate sales office} for the Vail Plaza Hotel &~ Club, located at 100 East Meadow Drive, (Vail Village Inn}/Lot M, N ~ O, Block 5D, Vail Village Filing 1, and setting forkh details in regard thereto. {PEC05-0032) Applicant: Vail Plaza Hotel & Club, represented by Connie Dorsey Planner: George Ruttier 1. SUMMARY The applicant, Vail Plaza Hotel & Club, represented by Gonnie Dorsey, is requesting a conditional use permit pursuant to Section 12-7A-3, Conditional Uses, Vail Tawn Code, to allow for a professional and business office (real estate sales office} for the Vail Plaza Hotel & Club, Located at 100 East Meadow Drive. This conditional use permit will allow the applicant to establish a real estate office within an existing Vail Village Inn tenant space. Based upon Staff's review of the cri#eria outlined in Section Vlll of this memorandum and the evidence and testimony presented, the Community Development Department recommends denial of this request subject to the findings noted in Section Vlll of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is requesting a conditional use permit to allow for a professional and business office {real estate sales office) for the Vail Plaza Hotel & Club, located at 100 East Meadow Drive. This conditional use permit will allow the applicant to establish a real estate office within Phase III of the Vail Village Inn Special Development District {i.e. SDD #1#'i}. The proposed real estate office will be located within an existing 780 square foot tenant space along East Meadow Drive. The applicant is not proposing any exterior changes to the tenant space at this time. A vicinify map (Attachment A} and the applicant's request {Attachment B) have been attached for reference. 111. REVIEWING GUARD ROLES ©rder of Review: Generally, applications will be reviewed first by the PEC for acceptability of use and then by the DRB for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The PEC is responsible far approval, approval with conditions, yr denial of a conditional use permit. Design Review Board: Action: The DRB has NO review authority on a conditional use permit, but must review any accompanying DRB application. Tawn. Council: Actions of DRB or PEC maybe appealed to the Tawn Council or 6y the Tawn Council. Town Cauncif evaluates whether ar not the PEC or DRB erred with approvals ar denials and can uphold, uphold with modifications, or overturn the board"s decision. !V. Staff: The staff is responsible far ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, ar denial. Staff also facilitates the review process. APPLICABLE PLANNING DOCUMENTS Special Development District #6, Vail Village Inn Conditional Uses Conditional Uses for Phases 1, 11, Ill, IV, !V-A and V of Special development District Na. 6 shall be set forth in Section 18.22.030 of the Town of Vail Municipal Code with the addition of the following conditional uses: A. An outside popcorn vending wagon that conforms in appearance with those existing in Commercial Core 1 and Commercial Core 11. B. No office use, except those clearly accessory to a principle use wiU be allowed on the Plata level of Phases 1V, IV-A and V. Title 12, Zoning Regulations Chanter 12-2: Defini#ians (in aark~ OFFICE, BUSINESS: An office far the conduct of general business and service activities, such as offices of real estate or rr~surance agents, brokers, secretarial or stenographic services, or o~ces for genera! business activities and transactions, where storage, sale, or display of merchandise an the premises occupies less than ten percent (10%) of fhe float area. Article 12-7A: Public Accommodation District fin cart) 12-7A-1: PURPOSE: The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and Limited professional offices, medical facilities, privafe recreation, commercial/retaif and relafed visitor oriented uses as may appropriately be located within fhe same disfrict and compatible with adjacent Land uses. The public accommodation district is intended fo ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and fo maintain the desirable resort qualities of the district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance fhe nafure of Vail as a vacation community, and where 2 permitted uses are intended to function compatibly with the high density lodging character of fhe district. 12-7A-3,• CONDITfONAL USES: The following conditional uses shall be permitted in the PA district, subject fo issuance of a conditional use permit in accordance with the provisions of chapter 16 of fhis title: "Professional and business offices'° Chaster 12-16: Conditional Uses Permits lira Dart) Section 12-16-1: Purpose; Limitations In order to provide the flexr'bility necessary to achieve the objecfives of this title, specified uses are permitted in certain districts subject to the granfing of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so thaf they may be located properly with respect to the purposes of fhis title and with respect to their effects an surrounding properties. The review process prescribed in this chapter is intended to assure compafibifify and harmonious development between condr`tionaf uses and surrounding properties in fhe Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as fhe Town may prescribe to Insure fhat the location and operation of the conditional uses will be in accordance with the development objectives of fhe Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve fhese objecfives, applications for conditions! use permits shall be denied. Vail Village Master Plan Goals. Obiectives. Policies. and Action Steos tin part Ooal #2 7o foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective 2.1 Recognize the variefy of land uses found in the 1Q sub-areas throughout the Village and allow for fhe devel©pmenf that is compatible with these established farad use patterns. Objective 2.4 Encourage the development of a variefy of new commercial activity where compatible with the existing land uses. Land Use Plan lira part) Land Use cafegories in the Dail Village include the following: Mixed Use: This category includes the "historic'" village core and properties near the pedestrianized streets of the Village. Lodging, retail and a limited amount of office use are found in this category. Within nearly 27(?, dOt) square feet of retail space and approximately 320 residential units, the mixed use character of these areas is a major facto in the appeal of the Vail Village. . Vail Village Sub-Areas lira part] Mixed Use Sub-Area (#1) 3 The Mixed Use sub-area is a prominent activify center for the Vail Village. !t is distinguished from the Village core by larger scale buildings and by the limited auto traffic along Fast Meadow ,Drive. Comprised of five ma1or development protects, this sub-area is characterized by a mixture of residentiaUlodging and commercial actiuity. V. ZC7NING ANALYSIS Zoning: SDD #~ (Vail Village Inn, Phases III) Underlying Zoning: Public Accommodation Land Use Plan Designation: Village Master Plan, Mixed Use Sub-Area Current Land Use: Mixed Use Development Standard Allowed/Required Existing Proposed Parking 3 spaces d spaces 3 off-site spaces VI. SURRQUNDING LAND USES AND ZQNING Land Use, Zoning North: Mixed Use SDD #6 South: Mixed Use Public Accommodation East: Mixed Use SDD #6 West: Mixed Use SDD #6 VII. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by the Town Code. The proposed real estate office is located within Special Development District #6, with an underlying zoning of Public Accommodation (PA). Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter ~2- 1fi, Vail Town Cade, A. Consideration of Factors Reaardina Conditional Use Permits: 'I. Relationship and impact of the use on the development objectives of the Town. Pursuant to Special Development District #6, Vail Village Inn, conditional uses within the Vaill Village Inn are allowed in accordance with the provisions of the Public Accommodation zone district. Business offices, which include offices for real estate agents, are allowed as conditional uses within the Public Accommodation zone district. However, the provisions of Special Development District #6 specifically prohibit business offices an the Plaza level of Phases !V, IV-A, and V. The Vail Plaza Hotel & Club proposed real estate office is located at street level within Phase III of the Vai! Village Inn, and therefore, not specifically prohibited by the Special Development District #6. There is currently one other real estate office located in Phase 111 of the Vail Village Inn. Additionally, there are also real estate offices located at other Public Accommodation zoned properties such as the Austria Haus, Mountain Haus, and Christiania. The primary purpose of the Public Accommodation district is to provide sites for lodges and residential accommodations. The cumulative effect of allowing numerous other conditional uses, real estate offices or otherwise, in this district may lead to the eventual departure from 4 the purpose of the district. It was for that reason, that an September 2004, the Vail Town Council upon consideration of an appeal of a Planning ~ Environmental Commission decision denying a request far a similar conditional use permit (Nico Vail, Inc,), upheld the decision of the Commission. In upholding the decision of denial, the Council found that the requested permit did not meet the prescribed criteria for such a request and that approving the application would be materially detrimental to the welfare of the community (ie, retail vitality). Therefore, based upon the previous decision and direction of the Vail Town Council, Staff believes that the proposed real estate office is inconsistent with the development objectives of Special Development District #5, the Public Accommodation zone district, the Vail Village Master Plan, and the Town in general. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes the proposed real estate office will have no significant negative effects on the above-mentioned criteria in comparison tv the existing conditions. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas, Staff believes that the proposed real estate office will have no signifcant negative effects on the above-mentioned criteria. Pursuant to the provisions of Chapter 12-10, Off-Street Parking and Loading, Vail Town Code, the proposed real estate office will require one additional parking space compared to the previous retail use of this tenant space. Since there is no additional parking available at the Vail Village lnn, the applicant. must secure at least one additional parking space tv improve the parking availability for their business. Pursuant to Section 12-10-fi, Parking: Off Site and Joint Facilities, Vail Town Code, with Tawn Council approval, the applicant may pursue a leased parking space to meet the parking requirements of the Town Cade. The Town Council is scheduled to review this request to allow one vff- site parking space for the real estate office at its June 21, 2005, public hearing. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed real estate office will be located within an existing tenant space; therefore, Staff believes the proposed real estate office will have no significant negative impact an the above-mentioned criteria. New signage for this business wil! require Town of Vail design review approval, thus ensuring the compatibility of any new signage with the surrounding uses. ~. The Planning and Fnvimnmental Commission shall make the following findings. before arantinQ a conditional use oermit; 5 That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located.. 2. That the proposed location of the use and the conditions under which it will be operated yr maintained will not be detrimental to the public health, safety, or welfare or materially injurious tv properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. VIII. STAFF RECOMiUIENDATiQN The Community Development Department recommends that the Planning and Environmental Commission denies the applicant's request for a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow far a professional and business office {real estate sales office) far the Vail Plaza Hotel & Club, located at ~Og East Meadow Drive. Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum, the earlier findings of the Vail Town Council, and the evidence anal testimony presented. Should the Commission choose to deny this conditional use permit request, the Community Development Department recommends fibs Commission makes the fallowing findings: 1. That the proposed locations of the use is not in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed locations of the use and the conditions under which it would be operated ar maintained would be detrimental to the public health, safety, or welfare or materially injurious to properties ar improvements in the vicinity, 3. That the proposed use does not comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Commission choose to approve this conditional. use permit request, the Community Development Department recommends the following condition of approval: This approval shall be contingent upon the applicant receiving Vai! Tawn Council approval for one off-site parking space, prior to the applicant's submittal for tenant-finish building permits andlor occupancy of the tenant space. IX. ATTACHMENTS A. Vicinity Map B. Applicant's F2equest 6 C7 Q r 0 Attachment: B • Conditional Use Permit Submittal Written Explanation Applicant: Vail Plaza Hotel & Club a. and b. Intended Use: A. 'Temnorarv Use of this space for aPre-Opening Show Room/SaIes and Information Center for the Vail Plaza Motel 8c. Club. In addition we will provide information on Vail, the Vail Valley, Events and anything else that is related to the `New' Hotel and CIub as well as Vail's Billion Dollar Renewal and ocher inlL~~„atian that wcsuld be of interest to the general public. c. Not applicable We will not be making interior changes. Traffic will be primarily pedestrian Persons diving to the location will park in our Garage at Phase III at ille same location. d. see c. above. The Plaza where this space is located is maintained by building management. e. Any pedestrian traffic that is created by this use will create possible shoppers far the business within the area. Note: This space has not been successful as retail space and has been vacant most of the time. Until the Meadow Drive Strcetscape, Sonnenalp Re-development, Willow Place Development, The Vail Plaza Hotel & Club Development and starting in the spring of 20(?b the Crossroads I]evelopment starts are completed this is not a good location for retail. Once all of these projects are completed it will become a very viable and successful retail business unit. 1~ r ,~ ~ ,. ~.---- ~ , ~ n` ,. ;' ~"~ ` ~ ~' r ~ F 1 y ~i '~ ~ ~~ . ~ A t n-., sa, rf rwo r ~ j, ~ a . ~~' `~, ° ~ '',~ Wit= t- '~ ~ - ~,' ~~ ., C .8 $ {' R y, ~° y h ~ ~~ ` ~~ ~ ~~ ~,~, i h 4t ~ ~~~ ~`y ~ ~e ~- --:~ .: ~ rs •tAt.. J. oci at O K '`~ iy ~ ~ ~ ~ ~ ~- ~ ~t _~ )~~, r~ a ~~ ~,. 1~. k ~~ .. .~ ~~~ ~ls ~ ~ t~ l t ~~' ) ; . .~ y a • 1 0o x^°ra'L .xa• ~~. %~ f ~~ .? ~xv~ .I r~~ ~ i ! Y ~ ~ ~~ ~ ~ ~ ~ w ~~ _ + f] ~s ~ ~ .. 1 ~ ~ ~.~ t ~ ~ ~ IY -, ~ :: 1 ~~wf ~~ {~ 3•tp.tr.,arry. ~ ,~,. ~~ f l~ fr .a~~ , ~~ ~ j ~ ~j :~~ s '~-~ ~ ~" ~ -~ ~ w 1 ~ . ~ • . ~ ~ J ! ~ 1+ ~J , u w>. n ~~ ~ ? ~ `~ Q .a i ~ , 1~ ~- ...~ ,,.,-,~ vi n7A PHASE III - SURVEY~SiTE pl_A1~ ~- z--`~ . 4 ZONING The subject property is zoned SDI), Special Development District No. 6, under the authority of the TawnafVail, Eagle County, Colorado. This zoning district allows general business and retail uses with a maximum floor area to be determined by the final P.U.D. plan. As custamazy with this zoning classification, the subject's development was approved in 1980-&1. In conversation with the Town of Vail zoning authorities and review of the plans and specifications, the subject, as existing, complies with this zoning classification. The subject has no on-site parking available for its tenants and all deliveries are from a common area adjacent to Phase V an the west end of the development. There is an underground parking garage that is located north of and behind Candonriniunl Unit No. 603, but this parking is reserved far the residential condominium owners. Several spaces are rented an a rnonthly basis, but this area is not part of this assignment. 1Vlast importantly, the Town of Vail is discouraging all on-site parking in keeping with the "pedestrian access" theory and the reason for the municipal parking structure(s) enlargements. Copies of the Tawn Zoning Nlap, Site Survey and Flood Plain Map are included on the following pages: • -l.l.. V_ ¢ ~ O ~_ J V F U !C ti F ~ JKK1 U H V 1,1 H pl ¢ ~1 t W U V ~ fir' r !++ ~ _ti ti U F J u } Q ~ $ ua n ~ u e } u ~- •- H a ,n ~ ~ W ~ ¢ ~ V u U ¢ ~ H H v r w ll ~ Y ~. a p~~ W t ~f n Z q~ K F O v> Q ~ ~ u ~ b ~ ~ N ~ = 0. ti ~ x ~ _ F ` ~' ~ ~ Jy x~ F is a` E Y', u ~ O a a 4J 2 r W 0. 5 C O x ~ n W ~ N Q ~" O IC U $~~/ VI ~ ~ N O K ~ J 'i 1 ~ ¢ ¢ W! `~ p ' 1- W [~ W 111 ¢W w ¢ -+ ~2 ~ 3 ~ C7 o gM1 ¢ b W cr ?= yU,l ~ u ~ a a ~ ~„ - ~ u v u u u~ J u t ~ ¢ W w ~ J J i N x~~~ i i .-1 J ~ rc~ m ¢ G y ~ W ~° 1 3 ti x ~ yr' t u u ~ c~ ~ ' ~.' ° ,.i rn t,y (J~(/(~(', W W V O ~ ~ O ~ E W W W ~¢.+ ~ A Z 4 m ~ y O O O ~ $ J WUy~ ~ ~ ~ 7~ ~ Y ~ ~ SSS]]] .L '~ ~ W 4 W~ C 4 O O ~ i6 v W a v Y J W ti ¢ ..1 X $$\y'' ~1 U V f3 IU •[ ."[ ~ t V] S ~ ~~~*.~ti~~~~~.~~»~ .. \.....w.ht\ ~J .\\\\4\\\\\\\\\\\\\\ Q ,\\\1\\\\\\\\\'.\\\\\ .\\\\\\\\\\\\\\\\\\ M ~r .\\\\\\\\\\.\\.\\\• ~ \\\\\\\\.\\\\\\\\\i u _~ \\\\\\\\\•\h\\\\\• \\\\\\\"\\\\\\\\\•. 1-~~ \\\\\\\\\\\\\\`.\\ 'n ~ 1 \\\\\\\\\\\\\\\\\ V 1 \\\\\\\\\\\\\\\\\ ~ ~ /`~~7 \\h\\\\\\\\".\\\\\ O \\\\\\\\\\\\.\\\\\ 1 r \\\\\\\\\.\\\\\\\ LL ~ -{ \\\\\\\\\\,\\\\\\ ~ d ~'. \\.\\\\\..\\\\\\ G7 \\\'\hh\\\l\\.\\\\ -\\\1 hh\\^.\\\O\\\ \\\\\\\\\l\\h\\\ \\\ l\\\4\\\,'\\\\ \.r-..\\\\.\\\\ ~, ~~ `\\ i\\\\\\\\\ i\t •\\\!\\\• \\\\\,,\\e\.\\ ~ \+;.\\.\\\.\\ \ ~1 Z\\\\\\6\ \\ / •\\\\\\\\\4\\ \hI /` .\\\\\\\\\\\ \r4\ .\\\\\\i\\\• ~ \\. .\'.\\\s\\\\\ - .+.\\\\\`•\h\ \\\\\\\\ •\\\\\ \\\\\\\\ ~ \ ; ~ .. E \\ \\ \\ r . • i .' . `\\.~.v\ ~ ~ 1• f \4.\\\\\ ~ Y i s\\\\\ \\\\\\\\ ~ ~ e \` ~ \\\\\\• • „ a ~ \\\\~ \\ ~ ~L .\\i1 \` i \ ~'4 .v\\\~ • w Q \\\\ \ © ~ \\\\ \ ~ ` \ \ \ ; ~ \ U \\. ~ ~ •~ • W ~ k \. t" ~ \ \ ~ TTT \ \\\t . \\ •S;\t\ y\\\\\\\ \ \M\tit~l \~\~ \ 1 ~ \ 1 \ \ \ . ` \ \ \ \ ~ . ,~~ \ y\ ` ~\ • LUNING MAP -12- w w• DESCRIPTION OF SITE The subject site consists of three condominium sites that contain a total of 9,364 square feet or 0.215 acre and has frontage on East Meadow Drive of 85.88 feet,'and frontage along the west s9de of the Crossroads property for approximately 215 feet. The subject's development plan was approved in April, 1980 and included three commercial condominium sites referred to as Units 601, 602 and 603. The subject is part of the Village Inn Plaza Condominium Association. According to the Condominium Declaration the subject has a combined ownership of 20.0% iri the association. The unit allocations and the land areas for these sites are as follows: Unit 601 2,113 sq. ft. 4.512°,/° unit 6OZ 3,277 sq. ft. 7.000%° Unit 603 3.974 sa. ft. 8.488% Total 9,364 sq. fl. 20.000% The association dues are made on a quarterly basis and are included as part of the CAM payment which will be discussed in greater detail in the Income Approach. According to the Federal Emergency Management Agency, Federal Insurance Administration Map Farrel No, 080054 0002 B, May,. 1985 the subject site lies in Zone C anon-hazardous area of minimal flooding. Copy of the flood map is included an the following page. The site is at street grade with East Meadow Drive and has a moderate northerly slope toward the South Frontage Road. Unit 601 is at grade with Meadow Drive and 602 and 603 are above this level. Units 601 and 602 have very good visibility from East Meadow Drive, but Unit 603 is north of 602 and its visibility is mostly blocked fi om East Meadow Drive. Stairs ascend from Meadow Drive along the west side of the building up to a plaza that separates 602 and 603. Unit 603 abuts tlxe parking garage an the north. The walkway has brick pavers and woodlconcrete steps. The plaza is landscaped with bronze sculptures, flowers, aspen and blue spruce pine trees. An engineering report has been provided and na adverse candations are noted. It is, however, assumed that na unusual condition exists that would adversely affect the market value of the improvements built on the subject property. Inspection of the subject's existing improvements revealed no evidence of unusual soil condition. Ali utilities are available to the site such as water, sewer, telephone, electricity and natural gas. Water and sewer service is provided by the Eagle River Water and Sanitation District with natural gas and electricity provided by the Xcel Energy and Holy Cross Electric, respectively. Telephone service is provided by Qwest. East Meadow Drive will beredeveloped into a "new" retaillcommercial corridor similar to Bridge Street and Wall Street in Vail Village. According to the Tawn of Vail Planning Department this redevelopment will include cobblestone streets, heated streets and sidewalks, and additional landscaping. A site development plan ofthe subject site is provided for on the following page. ~• ~, IDENTIFICATION OF nROPERTY The subject of this appraisal are three existing commerciallretail condominium units Iocated in Vail Village Plaza Phase 17~, a two story wood frame, masonry block and stucco commercial building with residential condomirium units on the second floor. The facility is located one-half block east of the northeast corner of Vail Road and East Meadow Drive at fib East Meadow Drive in the Town of Vail, Colorado. According to Eagle Caunty Assessor's records the subject's units were built in 1981-83 and contain 1{},847 square feet of gross building area and 3 0,531 square feet of gi°oss rentable area. The leases far the units, however, indicate that the condominiums contain approximately 10,000 square feet of rentable area, The difference between the two is a restraom and mechanical/shop area. The owner's rentable area is used for purposes of this appraisal report. The units are located on three separate lots and the property is in Zane C, an area ofminimal flooding (PERM), Map Panel No. 0$(1054 0002 B, May, 1985. The property is zoned SDD, Special Development District No. 6, Town of Vail, Eagle County, Colorado. LEGAL DESCRIPTION The land referred to herein is located in the County of Eagle, State of Colorado, and described as follows: Condominium Units 601, G02 and 503, YrILLAGEI'NNPLAZA, according to Condominium IVlap thereof~les November 19, 1982 in Book 349 at Page 11 as Reception No. 245351, aril as defined and described in theDeelaration of Covenants, Conditions and Restrictions of Village~nn Plaza,. a Condominium Project, recorded November 19, 1982 in Book 349 at Page 12 as Reception lJ©. 245352, Caunty of Eagle, Colorado. The proper-t,}~ is also identified as Eagle Coz~ntyAssessor's Tax Parcel Numbers: 2101-082-54-030, 031 and 032. A copy of the title insurance commitment is included as Addendum "B " of this report. SCOPE OF THE APPRAISAL Prepare a written self-contained report of a complete appraisal of the subject in aecordazace with Uniform Standards of Appraisal Practice, Standards Mule 2-2a. The report shall include: identification and description of the specific estate to be appraised, definition of the value determined, and effective date of value; 2. a complete presentation of the neighborhood anal environment of the property, both physical and economic, along with a conclusion as to anticipated future value trends; a presentation of the analysis of the Highest and Best Use; 4. a complete description of the property to be appraised based upon the appraiser's inspection of the subject; a discussion of the appraisal techniques used in the development of the valuation; G. a discussion ofthe appraisal approach(es) used. teased upon verified sales and. rental data as applicable to the approach; and 7. a final analysis and reconciliation of the approaches into a final value conclusion as of the date of value. -1- f~ ASSESSMENT AND TAXES The actual and assessed values and real estate taxes for the subject property have been obtained from the Eagle CountyAssessor's office. The mill levy for the area is $46.566 per $1,000 (2003}. The individual condominium unit's assessed values are 29% of the actual value. The respective unit values and real estate taxes are summarized as follows: 1. Unit 601: 4,717 sq, ft. Bldg., 2,113 sq. ft. Land Parcel No. 2101-082-54-030 Eagle County Assessor's Schedule Number 80009887 The 2004 assessed and actual values are as follows: ' Actual Assessed Land $ 194,400 $ 56,380 $ 92.00 psf. factual value) Improvements ~ 1.174,290 $340,540 X248.95 psf, (actual value) TOTAL $1,012,500 $396,920 $213.46 psf. rentable The real estate taxes are $ l 8,482.98 and paid for 2003. Taxes are $3.92 per square foot of unit area. ' 2. Unit 602: 3,571 sq. ft, Bldg. ; 3,277 sq. ft. Land Parcel No. 2101-082-54-031 Eagle County Assessor's Schedule Number 80009888. The 2004 assessed and actual values are as follows: Actual Assessed Land $ 30T,480 $ 87,430 $ 92.00 psf (actual value) Improvements $ 732.510 $212.430 ~174,90psf (actual value) TOTAL $1,033,990 $299,860 $213.46 psf. rentable average The real estate taxes are $13,96328 and paid for 2003. Taxes are $3.91 per square foot of unit area. 3. Unit 603:. 2,559 sq. ft. Bldg.; 3,974 sq. ft. Land Parcel No. 21.01-082-54-032 , Eagle County Assessor's Schedule Number 80009889. The 2004 assessed and actual values are as follows: Actual Assessed ' Land $356,610 $106,030 $ 89.74 psf. (actual value) Tmpravements $174,290 $108.840 X174.90 psf (actual value) TOTAL $740,930 $214,870 $213.46 psf rentable average Tlae real estate taxes are $10,005.&4 and paid for 2003. Taxes are $3.91 per square foot of unit area. The total taxes an the property are $42,811.90 ar $3.95 per square foot of grass building area. The taxes are paid in full and there are no outstanding special assessments. A copy of t11e Assessor's Aerial Photograph is an the following page. ~• -4- ~ ~~- fig" ~~ r ~~ 0 _ , ~ ~~ ~~' ~~ ~~~ ~~ ~~ '~~ ~~ ~~~, '~' f~ ter. ~ ,~ ~' ,~; ~ ~ ~ i, ~ t~ ~ ~ ~ ~, m ~ '~' .' ' I I u' ~; ~~- ~ ~I I °~l ~~~~~ ~~ ~~ ; 1~-~ ~ .. . ~~ ,~ ~ 1° °~,~ ~'~ ~~ .~ I Jf ~ I~ 1 a ~~~-/.~'~ i~ ~ _~~ ~. ~rftff 1~ Iy `~ ~~_'~ ~ r ~ ~Il~~, ~~ ~am ~LLV~ W ~~ ~m~~ ~ C~ C~ }E~ 8 U S ~G ~ ~~ ~~ ~. Q N i x ~~ _. ~::~._. i._ i ,_,ti "a ~__... i i t i i i i i' _ _.I N~~ ~~°~~'v~ ~~ si~~ S ~. • 1. .~ L ~~' , i ~f1/fir: a ~ ~,/~~Y~ ~ . ^ ' a~ 1 ~. l `~ ~ a f l 1L - ~ ,t. o ~ I :, - I: 6 ~: In s1 I - h~ r- ~~~ 1 a4 r, I i,+ti",,,,~! ~~ o 0 i- 'y,'.i C - ,M Ffi'.'.Il rf ~Y -~.~ f,~~ ~ ~ I i~ - ~1~~ yMvRl,. ~'T ,4 O ~ d II +~ y Q r yC'°. `}, ,. " I "0 11 I "„~ la-_ E ~ _. "ice 1. ~ 9. i _ ~I ~ f .il `, ~ ~ Q ~ ~ ' -r ~'t~E I 'e. ..`_ ~ 'I ~ S . ..i ~ Imo' ~ ~ , ~ ~ ~ Q I ~` 14 `~> :~ ~ ' ,~ I a - '_-'mot ~ ` a ',a ~ j ~ N;,,7!"~ [ ~ . ;'~~ Ili ~~ v ~ ~I Ey ~ '~ P M ,~ I' f .., s ~3 ,s ~ - . .~, ~ ~~ ke.rL ~ ~ I i ~i~.. I ~ ~ ~~ ~. `' x f ~ia~~ .a ~# ~`~` ~ r 'qn r i ,~~.. ,,.~.~...~_.__ _.._ .,,~. _._.- r •I ~ s r r ~ E ~i i z ~_ F ~s a! irggg; ~ > +.. ... ..1h ... -._.. - , 9 ~ ~. I - 2 ~ - V '-emu "' . II~ ~v ( I I t ItI I!ql I i I, Ilitll I. ~ ~ ~? ~ ~~ 'i 'I ¢I J ! y ~__ YI f '~~' !' I ~;+ 1 / x 7 ~~ % - - :: 'i i ~- •,~.. ,~ j ,I -~ ~ ~~} _ ~ `, `~ i ,f .n, ~i~~ ~ _;~~~ i , --- --J r I'~a°~v~u-~~~1 I ~~ c~~~ - - ~ ~I ,I ~,~ Ii ~~,{I { - I f~,~~ I i ~ ~III III '~~' ~ I I ~\ I 1 1~ I jY IC Il ~ I~, ! ~~ ~I I{ I I r¢~j [ i I . ~ I I i 1 ; ~ -~ ~fl.Iii ~ =~ I ~ ! r h~l . I[ n I ~ '' 1, I ~ if! ': ~ :~ I ' I'I{I1' ~ji, I ?I~ 111 I i I ' ~ F~ I r „ ~II ~II r i i !I II j~ *-~ n ~ ~~ I ~ ~ ~ ~ ll~ If~~ t ~ ~'fy, l~' I__.., ~ _ K~ .~ I I + II I d l l _ yylk a '' i'~ I ii _ 3 I I f I~I ~ ,:I ~ `~~ I ;;~~{{ ~: ~ `j I II I I ~y:~j¢ ~ 'Ila I ill I ~_ ___~ I I i e 3 i i t I I I I I I I ,I .I I I I i I I I I .__-_J ® ~ y .,,.~, Printed :m I Lh7'N~ ptnt cnnwmtx watee MEMaRANDUM TQ: Planning and Environmental Commission FRAM: Department of Community Development DATE: May 23, 2405 SUBJECT: A request for final review of a major exterior alteration, pursuant to Section 12-7A-12, Exterior Alterations ar Modifications, and a final review of a variance from Section 12-7A-10, Landscaping and Site Development, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a new underground parking garage and an above ground elevator tower, located at 62 East Meadow Drive {Talisman Condominiums}IParts of Lots I and K, Block 5E, Vail Village Filing 1, and setting faith details in regard thereto. (PEC05-0031 } Applican#: Talisman Condominium Association, represented by Resort Design Associates Planner: George Ruther [. SUMMARY The applicant, Talisman Condominium Association, represented by Resort Design Associates, has requested a final review of a major exterior alteration, pursuant to Section 12-7A-12, Exterior Alterations or Modifications, and a final review of a variance from Section 12-7A-10, Landscaping and Site Development, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a new underground parking garage and an above ground elevator tower, located at 62 East Meadow Drive. Upon review of the applications, staff has determined that the request fora variance from Section 12-7A-10, Landscaping and Site Development is not necessary as the proposal complies with the prescribed development standards in which case the variance application has been withdrawn by the applicant. Staff is recommending approval of the request fora major exterior alteration to allow for the construction of the new underground parking garage and the above ground elevator tower. 11. DESCRIPTION OF THE REQUEST The applicant, the Talisman Condominium Association, is requesting a final review of a major exterior alteration, pursuant to Section 12-7A-12, Exterior Alterations or Modifications, to allow far the construction of a new 6,360 square foot underground parking garage, a new 316 square foot abave-ground elevatar tower and a new 4,105 square foot surface parking lot resulting in more than 8,900 square feet on landscaped area, located at 62 East Meadow Drive (Talisman Condominiums)/Parts of Lots I and K, Block SE, Vail Village Filing 1. The purpose of the application is to create an enclosed parking garage and to improve the landscaped element of the Talisman property. 1 The key elements of the proposal include: • Expansion and upgrading of one of Vail's Public Accommodation zaned properties, • Eiiminatian of a portion of existing surface parking and the provision of a new parking structure, • Increased landscaping and site development, • Compliance with the Town's off-street parking requirements, • Reduction in the amount of vehicular traffic on East Meadow Drive, and • Improved emergency vehicle access. The applicant has withdrawn their request far a variance from Section 12-7A-10, Landscaping and Site Development, Vail Tawn Code, as it has been determined that the application complies with the prescribed development standards far landscape area and site development. III. BACKGROUND The redevelopment of the Sonnenalp and Swiss Chalet is currently underway. Upon completion, thirty-seven new accommodation units will be added to the Sannenaip Hotel and a new fractional feelcondominium project known as One Willow Bridge Road will be completed at the previous location of the Swiss Chalet. These two projects, along with the Talisman Condominiums will be connected below ground by a new underground parking garage. an May 13, 2005, the applicants appeared before the Tawn of Vail Design Review Board far a conceptual review of the proposed Talisman Condominium major exterior alteration. Following a presentation on the proposal by the applicants representatives, the Board expressed their overall support for the project and requested that the applicant refines the landscape plan design and reappear before the Board on June 1, 2005 far final review. lV. SITE ANALYSIS Legal Description: Parts of Lots l & K, Block 5E, Vail Village 1st Address 62 East Meadow Drive Zoning: Public Accommodation Land Use Plan ^esignation: Vail Village Master Plan Study Area Current Land Use: Mixed UsefResidential Development Standard Allowed Proposed Lot Area: Min. of 10,000 sq. ft. 22,346 sq.ft./0.513 ac of buildable area and a min. of 30 feet. of frontage. Setbacks'`: Front: 20 feet 9 feet Sides: 20 feet 0 feeUO feet Rear: 20 feet 0 feet 2 Building Height: 45 ft. for flat or 48 feet mansard roofs and 48 ft. for sloping roofs. Density: Max. of 25 unitslacre 31.2 unitslacre (non-conforming) GRFA: Up to 15i} sq. ft. NC for each i 00 sq. ft. of buildable site area or 33,519 sq. ft. Site Coverage: Not to exceed 65°/a 61 °/a or 13,631 Sq.ft. of the total site area or 14,525 sq. ft.. Landscape Area: Min. of 30% 40'% or 8,916 sq.ft. of the total si#e or 6,704 sq. ft. Parking: 1.5 parking spaces 24 parking spaces per dwelling unit or 24 spaces See Section 12-7A-6 for discretion granted to the Planning and Environmental commission and the Criteria. 11. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Mixed Use Public Accommodation South: Residential High Density Residential East: Mixed Use Commercial Core II West: Mixed Use Public AccommodationlGeneral Use VI. CRITER1A AND 1=1NDlNGS The criteria for consideration of a major exterior alteration of an existing or new building in the Public Accommodation zone district are outlined in Section 12-7A- 13, Compliance Burden, of the Vail Town Code. According to section 12-7A-13, "!t shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or news development is in compliance with the purposes of the public accommodation zone district, that the proposal is consistent with applicable elements of the Vai! village master plan, the Vai! Village Urban Design Guide Plan and the Vai! Streefscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the 3 character of fhe neighborhood, and that the proposal sr~bstantiaf{y complies with other applicable elements of the Vail Comprehensive Plan." 9. Compliance with the Purposes of the Public Accommodation zone district Section 12-7A-1 of the Vail Town Code describes the purpose of the Public Accommodation zone district, According to Section 12-7A-1, "The public accommodation district is intended to provr`de sites for lodges and residential accommodations for visitors, together wifh such public and semipublic facilities and limited professional offices, medical facilities, private recreafion, commerciaUretail and related visitor oriented uses as may appropriately be locafed within the same disfrict and compatible wifh adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the disfrict by establishing appropriate site development standards. Additional nonresidential uses are permitted as condifional uses which enhance the nature of Vai! as a vacation communify, and where permitted uses are r'ntended to funcfion compatibly with the high density Lodging character of the district. " Staff has reviewed the proposed application submitted to allow for the construction of a new underground parking garage and elevator tower on the Talisman Condominium Association property. Upon review of the proposed plans, staff believes that the proposed development plans will maintain the desirable resort dualities intended by the Public Accomm©dation zone district development standards. 2. Consistency with the applicable elements of the Vail Village Master Plan, Vail Village Urban Design Guide Plan, and the Vail Streetscape Master Plan Staff believes the proposed project largely complies with the applicable elements of the Vail Village Master Plan. Specifically, the proposal complies with objectives 1.2, 1.3, 2.5, 3.1, 3.2, 3.4, 4.1, 5.1, 5.3, 5.4, fi.2 • of the Vail Village Master Plan. The proposal has also been reviewed for compliance with the Vail Village Urban Design Considerations. The Design Considerations were adopted to assure that future changes in the Village are consistent with the established character of the Village and will result in positive contributions to the quality of life in Vail. The Design Considerations are intended to guide growth and preserve the essential qualities of Vail Village. Staff believes that the proposal complies with the established Design Considerations. As prescribed in the Vail Village Urban Design Considerations, the Architecturell_andscape Considerations shall be reviewed and approved 4 by the Design Review Board. 3, Effects upon the character of the neighborhood sy in large, staff believes the proposed project wile have a very positive effect upon the character of the neighborhood. As previously mentioned above, the proposed plans largely comply with the applicable elements of the Vail Village Master Plan, Vail Village Urban Design Considerations, and the Tvwn of Vail Streetscape Master Plan. Furthermore, the proposed plans meet the minimum development standards prescribed for a project in the Public Accommodation zone district in the Zoning Regulations. Through infll development the s#reetscape and built environment along Meadow Drive will be significant improved and upgraded. 4. Compliance wino the applicable elements of the Vail Comprehensive Play Staff believes the project complies with the Vail Comprehensive Plan. The comprehensive plan is comprised of many different planning documents. The plans applicable to this proposal include the Vail Land Use Plan, Vail Village Master Plan, Vail Village Design Guidelines & Design Cansideratians, and Town of Vail Streetscape Master Plan. The previous criteria provide responses to compliance with many of the applicable planning documents. The only plan not yet addressed is the Vail Land Use Plan.. According to the Vail Land' Use Plan, the proposed development is designated as "Village Master Plan Area" The Village Master Plan Area is intended to provide sites for mixed use guest oriented development. Vail Village is approximately 77 acres in size and comprises roughly 2% of the Vail Land Use Plan area. The Vaif Land Use Plan does not specifically address this land use designation. Instead, development with the Village Master Plan Area is addressed in the Vail Village Master Plan. Staff believes the proposal complies with the applicable elements of the Vail Village Master Plan. VII. STAFF RECQMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves the request for a final review of a major exterior alteration, pursuant to Section 12-7A-12, Exterior Alterations ar Modifications, to allow for the construction of a new 6,360 square foot underground parking garage, a new 316 square foot above-ground elevator tower and a new 4,185 square foot surface parking lot resulting in more than 8,900 square feet an landscaped area, located at 62 East Meadow Drive 4Talisman Condominiums)lParts of Lots I and K, Black 5E, Vail Village Filing 1. Staff's recommendation of approval of the major exterior alteration is based upon the review of the criteria outlined in Section VI of this memorandum, and upon the evidence and testimony presented on these applications. 5 Should the Planning and Environmental Commission choose to approve the applicant's request, Staff recommends that the following findings be made as part of the motion: Maior Exterior Alteration "The applicant has proven by a preponderance of the evidence before the planning and environmental commission that fhe proposed exterior alferatian and new developmenf, wifh minor madificafions, is in compliance with fhe purposes of the public accommadafion zone disfrict, fhaf fhe prapasaf is cansr'sfent with applicable elements of the Vail village master plan, fhe Vail Village Urban Design Guide Plan and fhe Vail Streefscape Master Plan, and that the proposal does not otherwise have a significant negative effecf on fhe characfer of fhe neighborhood, and fhaf the proposal substanfially complies wifh afher applicable elements of fhe Vail Comprehensive Plan. 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The urban renewal area within the Lionshead Public Facilities Development Plan generally includes the Lionshead area in the Town of Vail south of interstate 7t}, north of Gore Creek, east of Red Sandstone Creek, and west of Middle Creek, and Tract K, Glen Lyon Subdivision Applicant: Vail Reinvestment Authority Planner: Russell Forrest L SUMMARY The Vail Reinvestment Authority is requesting that the Planning and Environmental Commission find that the proposed amendment to the Lionshead Public Facilities Development Plan (Attachment 1) is consistent with the Town of Vail Comprehensive Plan. The purpose of this plan is to facilitate the redevelopment of Lionshead by removing or During covenants that may impede redevelopment and to generate revenue to pay for public improvements with tax increment. financing. Staff is recommending that the Planning and Environmental Commission find that the Lionshead Public Facilities Development Plan is consistent with the Vail Comprehensive Plan. II. DESCRIPTIC71~1 Of THE REQUEST The applicant, the Vail Reinvestment Authority, is requesting that the Planning and Environmental Commission make a recommendation to the Vail Town Council that the amendment to Lionshead Public Facilities Development Plan is consistent with the Town of Vail's Comprehensive Plan. The Lionshead Public Facilities Development Plan ("Plan") was prepared by the Vail Reinvestment Authority ("VRA") and adopted by the Vail Town Council of the Town of Vail, pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes on March 16, 2gD4, At the time of approval, sections 5.1 and 5.2 of the plan were deleted that authorized tax increment financing, However, the Planning and Environmental Commission reviewed and made a favorable recommendation of the Plan with the tax increment provisions in the Plan. The tax increment provisions were not included in the final approval to avoid unduly limiting the bonding capacity of this financial tool. At this #ime the Vail Reinvestment Authority would request that sections 5.1 and 5.2 be reinserted into the Pian now that construction has commenced in Lionshead, This amendment to the Pian is considered a substantial modification and triggers compliance with all procedural steps required for original adoption of the Plan. III. BACKGROUND Lionshead Planning Process The Lionshead Redevelopment Master Plan involved significant community involvement between X997 and its adoption in X999. This community involvement included meetings with merchants, homeowner associations, and the general public, The plan identifies specific public improvements to improve circulation and safety and also improve the aesthetic quality of Lionshead. In Section 9-8 of the Lionshead Master Plan, the plan states "tax increment financing is one of the must effective tools available far redevelopment of Lionshead'." Subsequent meetings with homeowners confirmed that a financing foal did not raise taxes but leveraged new incremental growth in property values to pay far public improvements, was desirable. On March 18, 2002, the Vail Town Council reviewed the various public improvements proposed in the Lionshead Redevelopment Master Plan. Staff received preliminary input from the Vail Town Council that Frontage Road improvements, new streetscape, and improved circulation were priority public improvements. In November, 2002, Gauncil again reviewed options for moving forward with public financing and directed staff to proceed with the Lionshead Reinvestment Study. This study has confirmed that the Lionshead area meets the legal criteria for the creation of either an urban renewal authority or a downtown development authority. The major point of concern regarding the creation of an urban renewal authority has been the issue of condemnation, An urban renewal authority can have the power of condemnation. The Lionshead Task Farce believes that condemning property from one property owner for conveyance to a developer is not necessary or desirable. How TIF Works Tax Increment Financing ~T1F) is a toot utilized by municipalities to finance public improvements in identified areas of need, known as redevelopment districts. Tax lncrement Financing can be implemented through a Downtown Development Authority (DDA) or an Urban Renewal Authority (URA). An Urban Renewal Authority is meant to provide public amenities that encourage and facilitate corresponding new development. For example, the URA might use funds generated from a new development to build streetscape or improve circulation that helps make the new development passible. Another possibility is that if a property is to be redeveloped, the authority might work with the developer to provide some public amenities such as a plaza or pedestrian mall. An authority may also provide assistance to existing property owners who want to rehabilitate ar expand their property. An example of this type of assistance might be a facade improvement loan program. Tax Increment Financing is not new and has been utilized around the country for decades to fund public improvements and encourage redevelopment. In Colorado there are 1$ teighteen) cities utilizing Tax Increment Financing (TIF) with15 {fifteen) through Urban Renewal Authorities (URA), and 3 (three) through Downtown Development Authorities (DDAj. Based on recent legal decisions by the Colorado Supreme Court. the, Vail Town Council determined an Urban Renewal Authority was the preferable approach to take, Once an Urban Renewal Authority has been established, the town is able to adapt a plan to use TIF. Once an urban renewal area is established and a plan is adopted, the property tax base for the redevelopment dis#rict is frozen. This means that after the date of plan adoption, the assessed value to which the mill levy for the town, the water district, school district, and the county would be the same each year with adjustment far general reassessments. For example, if the assessed value in an urban renewal area is $1 million on the date of plan adoption, then the mill levy for each of the overlapping taxing jurisdictions is applied to that $1 million assessed value each year of the plan. As the properties in the redevelopment district begin to increase in value due to the redevelopment efforts, that increase in assessed value times the combined mill levy of the overlapping taxing jurisdictions goes to the URA_ Far example, if the assessed value of property ~in the district increases to $10 million in year 5 of the plan, the taxes derived from multiplying the combined mill levy times the $1 million base go to the overlapping taxing jurisdictions and the mill levy times the $9 million increase goes to the URA. The plan can also affect town safes tax revenues but not state ar county revenues. The plan can dedicate safes tax revenues above the base year revenues to the URA. The Vail Reinvestment Authority is only planning an committing property tax for public financing, Na new taxes are established using TIF nor are taxes increased. The revenues produced by increased property values and increased retail sales activity are simply redistributed to benefit the redevelopment district. March 2004 Aooroval of the Lionshead Public Facilities Development Plan On February 23, 2004, the Planning and Environmental Commission recommended approval of the Lionshead Public Facilities Development Plan. On March 16, 2004, the Vail Town Council approved the Flan. At the time of approval, the Town Council elected to remove the provision in the Plan that would allow Tax Increment Financing to be implemented. The purpose for eliminating this provision was to not begin atwenty-five year period for debt service until construction commences in Lionshead. The attached Plan is the version recommended for approval by the PEC in February, 2.004, including the language relating to Tax Increment Financing. At this time the Vail Reinvestment Authority has removed certain restrictive covenants in Lionshead that have helped facilitate the approval of redevelopment plans for the Gore Creek Place Condominiums and the "Care Site" or Arrabelie project. Now that construction has begun in Lionshead, public improvements planed far Lionshead must be budgeted and paid far through tax increment financing Far this purpose the Town would like to amend the Plan to add back in Sections 5.1 and 5.2 to the Plan. IV. ROLES OF THE REVIEWING BOARDS The Planning and Environmental Commission is required by state statute to make a recommendation to the Vail Town Council on whether the Lionshead Public Facilities Development Plan conforms to the Town of Vail Comprehensive Plan. The Town Council is the fnai decision making authority and will be asked to consider the approval of a resolution to adopt the plan. V. APPLICABLE PLANNING DOCUMENTS The following are applicable components of the Lionshead Redevelopment Master Plan which is a component of the Town of Vail Comprehensive Plan, Puroose of Lionshead Master Plan This master plan was initiated by the Town of Vaif to encourage redevelopment and new development initiatives within the Lionshead study area. both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail Village, its neighboring commercial district, and fails to offer a world class resort experience. Lionshead's economic potential has been inhibited by a number of recurrent themes: lack of growth in accommodation unr'ts {"hot beds'}, poor retail quality, the apparent deterioration of existing buildings, an uninteresting and disconnected pedestrian environment, mediocre architectural character, and the absence of incentives for redevelopment. Redevelopment is critical for Vail and Lionshead if the community is to remain a i competitive four-season resort. Qther resorts are spending millions of dollars to upgrade their facilities in order fo attract more visitors year-round. Growth in the number of skiers annually has slowed to one to two percent,. intensifying competition for market share. Skiers are spending Jess tune skiing and more time shopping, dining out, and enjoying other off-mounfain activities. As a result, the demand for quafity retail shopping and a greater diversity of experiences has dramatically increased. Afl of these are sorely in need of improvement in Lionshead. Vail, and specifically Lionshead, will fall behind if the community fails to upgrade the quality of its facilities and correct the exr`sting flaws in its primary commercial nodes. Policv dbiectives of the Lionshead Redevelooment Master Plan The Town Council adopted six. policy objectives on November 4, 199fi, to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process: Renewal and Redeveloprr~ent Lionshead can and should be renewed and redeveloped to became a warmer, more vibrant environment for guests and residents. Lr'onshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. Vitality and Amenities We must seize the opportunity to enhance guest experience and commrnity interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, sfreetscape, parks and other recreational improvements. stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Llonshead must promote improved occupancy rates and the creation of additional bed base ("live beds°' or "warm beds') through new lodging producfs. Improved Access and Circulatr"on The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Llonshead. Improved Infrastructure The infrastructure of Llonshead (streets, walkways, fransparfation systems, parking, utilities, loading grad delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and fo meet the service expectations of our guests and residents. Creative Financing for Enhanced Private Profits and Pulalic Revenues Financially creative and frscally realistic strategies must be identified so that adequate capital maybe raised from all possible sources fo fund desr`red private and public improvements. Design Objectives at the Llonshead Master Plan The Llonshead Redevelopment Master Plan is based on a set of fundamental design objectives that relate to the entire stGdy area:. The Pedesfrian Environment The defining characteristic of Llonshead is its pedestrian environment, and the emphasis of the master plan is to improve ifs quality as a generator of activr'ty. Pedestrian connections are lnfended to be the underlying framework of the physica! plan. Two primary pedestrian corridors are proposed to provide for a cohesive, consistent, well defined pedestrian and retail environment serving both the destination guest and the local community. The first of these two corridors is an east-west connection between the west end of Dobson Ice Arena and the western edge of Llonshead. The second is a north-south connection between the gondola ski yard and the north day lot. + Connections to fhe Natural Environment The master plan recommends ways fo enhance and strengthen the physical and visual connections to the natural environment of Gore Creek and Vai! Mountain. • Vehicular Circulation The master plan anticipates a network of streets and driveways that provides efficient access to public and private destinations but minimizes the negative impact of vehicles on the pedestrian environment and residential areas. • Transit The master plan considers that an efficient and flexible public transit system serving the entire Lionshead study area, including potential new development in the west end of the district, is essential to its future success. service and Delivery The master plan describes a consolidated, efficient service and delivery system that reduces interference with pedestrian areas, emergency vehicle routes, and traffic in general. The proposed facilities satisfy the current and protected service and delivery needs of the Lionshead study area. • Parking The master plan provides for adequate public parking in Lionshead and the community as a whole buf acknowledges fhaf parking private vehicles is only one part of the overall Lionshead public aeees5 strategy. VI. FINDINGICRITERIA FOR REVIEWING THE PLAN Based on § 31-~5-107, C,R.S, the Planning and Environmental Commission shall determine whether the amendment to the Lionshead Public Facilities Development Plan is in conformity to the Town of Vaif's Comprehensive Plan. The Lionshead Redevelopment Master Pian is an element of the Town of Vail Comprehensive Plan. The adoption of the Lionshead Public Facilities Development Plan is critical to achieving the above mentioned objectives of the Lionshead Redevelopment Master Plan. The Lionshead Redevelopment Master Plan identifies the creation of a TIF district as a critical next step as stated on page 9-8 of the plan: Tax Increment Financing (TIF,i Tax increment financing is one of the most effective tools available for redevelopment of Lionshead, TlF allows the community to capture a portion of tax revenues fhaf normally go to the county and to utilize them locally instead to implement public improvements. T1F does not raise taxes; it reallocates the incremental property or sales tax revenues resulting from impr©vements within the district and use. The plan directly supports the purpose statement of both Lionshead Mixed Use 1 & 2 zone districts. The adoption of the Lionshead Public Facilities Development Plan is necessary to implement the public improvements identified in the Lionshead Redevelopment Master Plan and removing obsolete covenants that could impede development. Implementing the Lionshead Public Facilities Development Plan is critica6 to achieve all of the following development objectives in the Lianshead Master Redevelopment Plan. Renews! and Redevelopment Lionshead can and should be rer?ewed and redeveloped to become a warmer, mare vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. Vitality and Amenity"es We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. Stranger Economic Base Through increased Live Beds In order to enhance the vifality and viabilify of Vail, renews! and redevelopment in Lionshead must promote impraved occupancy rates and the creation of additional bed base ("live beds" or "warm beds') through new lodging products. improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffrc must be impraved within and through Lionshead. Improved infrastructure The infrastructure of Lionshead {streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalizafion efforts and to meet the service expectations of our guests and residents. Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and frscally realistic strategies must be identified so that adequate capital maybe raised from a!1 possible sources to fund desired private and publr`c improvements. VII. STAFF RECOIVIMENDATION The Community Development Department recommends that the Planning and Environmental Commission find that the Amended Lionshead Public Facilities Development Plan is consistent with the Tawn of Van's Comprehensive Plan. Staff's recommendation is based upon the review of the proposal as outlined in Section VI of this memorandum and the Testimony and evidence presented. Should the Planning and Environmental Commission choose to make this finding, staff recommends that the following findings be made: "That upon review of the proposed Amended I_ionsllead Public Facilities Development Plan, the Planning and Environmental Commission lands that the plan, as proposed, is in conformity with the Town of Vail's comprehensive plan as stated in section Vl of this memorandum. The Commission's determination of f<ndings is based upon review of the criteria and the testimony and evidence presented on this application." Attachments: Attachment ~: Li©nshead Public Facilities Development Plan Attachment 2; Public Notices F:lcdevlPEClMemosl©51PEC Report forAmended Ironshead Public Facilities ®evelopment Plan.doc • • • Attachment 1 Lionshead Public Facilities De~veloprnent Plan • AMENDED LIONSHEAD PUBLIC FACILITIES DEVELOPMENT PLAN VAIL REINVESTMENT AUTHORITY June 2Q05 MUk~~s ~t;.~7~,,a3cczs.o~ 1 i TABLE OF G©N7ENTS I. INTRODl.9CTION ...........................................................................................................,......1 1.1 Preface ................................................•.......---........................,.......................................1 1.2 Background ................................................................................................................... 1 1,3 Definitions ......................................................................................................................2 2. LEGISLATIVE FINDINGS ...................................................................................................2 2.I Qualifying Conditions ..................................................................................................: 2 2.2 Projects .......................................................................................................................... 3 2.3 Planning Approval .....................................................................................•--......,......... 3 2.4 Consultation ...........................•-~---•-----~------•---................................,.......,.............,.....,... 4 2.5 Public Hearing ............................................................................................................... 4 2.6 Boundaries of the Plan Area ...................................................................................... 4 2.7 Other Findings .........................................•-..........................................................,.......,4 3, DESCRIPTION OF PLAN OBJECTIVES .........................................................................5 4. PLAN IMPLEMENTATION ....................•-~---.......,................,..................,...,.............,,........5 4.1 Redevelopment and Rehabilitation Actions ............................................................. 6 4.2 Property Acquisition ....................................................................................•--•----------... b 4.3 Relocation Assistance and Payments ...................................................................... 6 4.4 Public Improvements and Facilities ........................................................................... 6 4.5 Redevelopment Agreements ...................................................................................... 6 4.6 Interagency Cooperation ............................................................................................. 7 4.7 Advisory Committee ...............................................................................~-------..,..,..,...., 7 5. PROJECT FINANCING........... ............................................................................................ 7 5.1 Tax Increment Financing ............................•----..................,,...,......,..........................,.. 7 5.2 Additional Taxing Entities ............................................................................................ 8 5.3 Participating Interest in Projects ................................................................................ 8 b. MODIFICATIONS TO THIS PLAN ........................................................................ .,.... 8 • MllFi15$ 179143?4~6.G I 1 LIONSNfEAD PUBLIC FACILITIES INVEST{VIENT PLAN ~. June 2UQSINTR4DUCTION 1.1 Preface This Amended Lionshead Public Facilities Investment Plan ("Amended Plan") has been prepared by the Vail Reinvestment Authority {"VRA") for adoption by the Tawn Council of the Town of Vail pursuant to provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes. This Amended Plan is prepared and adopted to satisfy the requirements of § 31-25-107, G.R.S., that an urban renewal plan be adopted by the governing body of the municipality before an urban renewal authority undertakes an urban renewal project. The administration of this project and the enforcement and execution of this Amended Plan shall be performed by VRA. 1.2 Background The Lionshead area is one of four base areas for the Vail Mountain Ski Area. The area was nriginally developed from 1972-1974 as the base fnr the Lionshead gondola. Lodging, condominiums and retail were constructed over a period of years, often without coord'onated planning of circulation and public transportation facilities of the area. .The Lionshead parking garage was built in 1981 significantly increasing the pedestrian traffic in the area. An extensive bus system has developed as the major means of moving people around Vail. The Lionshead area now accounts for approximately 4500 of the skier access to Vail Mountain. As a result of this rapid development activity, the traffic and transportation network for personal vehicles, pedestrians and delivery vehicles does not work well. There are many vehiclelpedestrian conflicts creating unsafe conditions throughout the Lionshead area. In addition, the public infrastructure in the Lionshead area has deteriorated. Extremes of temperature and topography as well as the intense utilization of the area by residents and guests has caused streets, sidewalks, curbs and gutters, and retaining wails to be subject to accelerated deterioration. Inadequate attention to runoff from impervious surfaces and deteriorated drainage facilities have contributed to water quality deterioration in the Gore Creek. The Lionshead Redevelopment Master Plan, adopted in 1999, identifies specific public infrastructure improvements that need to occur and provides incentives for private redevelopment. A major implementation action in the Master Plan is the redevelopment of the Lionshead gondola and Sun Bird building sites into ahigh-end hotel. Other major development sites include the remodeling of the Marriott and Antler properties. These development projects will place many more guests and residents into the Lionshead area. To properly support this major private reinvestment in Lionshead, the supporting transportation infrastructure needs to be upgraded. Sidewalks and streets need to be constructed or reconstructed. A transportation center must be built to accommodate the increased usage of the Lionshead area, and improvements to the Frontage Road are needed to serve the increased traffic, This Amended Planis intended to provide the financial mechanisms necessary to support the renovation and reconstruction of the public infrastructure in Lionshead.. h9 ~; R'~,5 S ~ `1914 ?a,ti6.0 ~ The Lionshead Public Facilities Development Plan was originally adopted in March 2004 without provisions for the use of tax increment financing which is authorized by the Urban Renewal Law. Since adoption of the Plan in March 2004, The VRA has entered into the Lionshead Reinvestment Agreement, dated August 3, 2004, with the Vail Corporation and the VRA and the Town have entered into the Gore Creels Place development Agreement, dated November 8, 2004, and the Core Site Development Agreement, dated November 8, 2004, These Agreements commit the Vail Corporation to the construction of certain improvements in Lionshead and make it necessary for the VRA and the Town to construct certain public improvements which wilt support and complement the public and private improvements to be constructed by the Vail Corporation. It is now necessary and appropriate to authorize the use of tax increment funds to be generated by the new construction as the funding vehicle for the public improvements to be constructed by the Town and VRA_ 1.3 Definitions Amended Plan: The Lionshead Public Facilities lnves#ment Plan as amended to include tax increment financing. Cooperation Agreement: Any agreement between VRA and the Town of Vail or any other public body regarding action taken pursuant to any of the powers set forth in the Urban Renewal Law, or in any other provision of Colorado law, for the purpose of facilitating public undertakings deemed necessary or appropriate by VRA under this Plan.. Plan: This Lionshead Public Facilities Investment Phan as it may be modified from time to time. Plan Area: The area described in Section 2.$ of this Plan, and depicted on Figure 1, which has been found to be blighted and for which the undertaking of urban renewal projects is declared to be necessary. Redevelopment Agreement: An agreement between VRA and a developer or developers representing the redevelopment or rehabilitation of property within the Plan Area. 2. LEGISLATIVE FINDINGS 2.1 Qualifying Conditions Based on the Lionshead Reinvestment Study prepared by URS Corporation, dated February 2004, and evidence presented at the public hearing, the Town Council finds that there exists blight, as defined by § 31-25-103(2}, C.R.S., in the Plan Area. The Lionshead Reinvestment Study found that blight conditions were prevalent throughout the area. The conditions found to exist include: a} Defective and inadequate street layout: Street system does not provide adequate access for motorists, pedestrians and emergency vehicles. Turning radii are often. inadequate. MUR15& i 39'y~324$F.U I ~ b) Unsafe conditions that endanger life or property: Traffic and circulation patterns are dangerous for both pedestrians and mOtorlst5, c) Deterioration of site improvements: Public parking areas and concrete retaining wa11s are deteriorating. Curbs and gutters on public property also show deterioration. d) ®efective or unusual conditions of title rendering the title unmarketable: Restrictive covenants controlling uses on certain properties and other conditions of title impair the redevelopment of key parcels in the Plan Area. In many instances, covenant provisions conflict with or have been ignored by prior development. e) Environmental contamination: Runoff from unpaved parking areas and stormwater runoff from paved surfaces contaminate Gore Creek. f) Inadequate public improvements: Streets and sidewalks on public property are not adequate far the traffic and do not provide a safe separation for pedestrians from motor vehicles. Pavement, curb and gutter and retaining walls on public property are deteriorating. Overhead utilities are presents and stormwater management is inadequate, The Town Council fnds that the presence of these factors substantially impairs or arrests the sound growth of the Town of Vail, retards the provision of housing accommodations, cons#itutes an economic and social liabilify and is a menace to the public health, safety, morals and welfare of the Town of Vail. 2.2 Projects The Plan Area is appropriate for one or more urban renewal projects and other undertakings of the VRA as authorized by the Urban Renewal Law. 2.3 Planning Approval A general plan for the Town of Vail, known as the Vail Comprehensive Plan, has been adopted by the Town Council. In addition, the Lionshead area is the subject of the Lionshead Redevelopment Master Plan which is the Town's official planning document for guiding the redevelopment of the Lionshead area and is a part of the Vail Comprehensive Plan. This Amended Plan has been submitted to the Planning and Environmental Commission of the Town of Vail for review and recommendations as to its conformity with the Vail Comprehensive Plan and the Lionshead Master Plan. The Planning and Environmental Commission met on May 2.3, 2005 and has submitted its written recommendations via a staff memorandum to the Town Council that the Amended Lionshead Public Facilities Development Plan is in conformi#y with the Vail Comprehensive Plan. • M l1 ft'SK 179't~3?4$ 6. Q I 2.4 Consultation This Amended Plan has been submitted to the Board of County Commissioners of Eagle County as required by the Urban Renewal Law. The Eagle County School District has been advised of this Amended Plan and has been given an opportunity to provide comments, 2.5 Public Hearing The Town Council of the Town of Vail has held a public hearing to consider this Amended Plan after public notice thereof in compliance with the Urban Renewal Law in the Vail Qaily describing the time, date, and purpose of the public hearing, identifying the Plan Area and outlining the general scope of the projects being considered for implementation pursuant to this Plan. Pursuant to C.R.S. §31-25-1Q7{4){c}, notice of the public hearing was provided to owners, residents, and business owners in the Plan Area at their last 'know address at least 30 days before the date of the public hearing.. 2.6 Boundaries of the Plan Area The boundaries of the Plan Area shall be as set forth in Figure 1 attached hereto. The Town Council finds that the boundaries of the Plan Area have been drawn as narrowly as feasible to accomplish the planning and development objectives of this Plan. 2.7 Other Findings '~ 2.7.1 One ar mare of the projects will require the demolition and clearance, subject to other restrictions, of certain public improvements within the Plan Area as provided in this Plan. Such actions may be necessary to eliminate unsafe conditions, eliminate obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. 2.72 In order to eliminate or reduce the qualifying conditions currently existing within the Plan Area, as well as those qualifying conditions which may be reasonably anticipated to develop within the Plan Area in the absence of public action, it is the intent of the Town Council in adopting this Amended Pian that VRA exercise all powers authorized to be exercised by VRA under the Urban Renewal Law and which are necessary, convenient or appropriate to accomplish the objectives of this Plan. It is the intent of this Amended Plan that VRA shall exercise all such powers as may now be possessed or hereafter granted to VRA for the elimination of qualifying conditions within the Plan Area. 2.7.3 Many properties in the Plan Area are subject to restricfive covenant provisions from previous subdivisions of property in Vail and Lianshead. In many cases, the covenant provisions conflict with one another and in some cases have been ignored by existing development. These restrictive covenants create an impediment to the redevelopment of I`9 U 1t'~5 $ 179`,43 74S G [1 I 4 properties within the Plan Area, particularly the financing of improvements which are key to the redevelopment of the Plan Area. VRA is authorized to use the power of eminent domain, with the consultation and concurrence of the owner of the underlying fee interes#, to eliminate restrictive covenant provisions and other conditions of title which prevent redevelopment of properties within the Plan Area, 2.7.4 If it becomes necessary for individuals, families or businesses to relocate as a result of the implementation of this Plan, a feasible method exists far the relocation of individuals, families, and business concerns that may be displaced, insuring that decent, safe and sanitary dwelling accommodations and business locations can be made available. 2.7.5 The powers conferred by the Urban Renewal Law are for public uses and purposes for which public money may be expended and the police powers exercised, and this Amended Plan is in the public interest and necessity, such finding being a matter of legislative determination by the Town Council. 2.7.6 VRA may, in its discretion, issue bonds, including bonds or other obligations, to the extent permitted by law. 3. DESCRIPTION O1F PLAN OBJECTIVES This Amended Plan is an important tool to address the problems confronting the Lionshead area. The Amended Plan helps to further the goals for the area previously outlined in the Lionshead Redevelopment Master Plan. The objectives for the Amended Pion include the following: • Create a sense of place and an improved aesthetic character for Lionshead for both residents and guests. • Renovate ar redevelop the deteriorated andlor outdated residential and commercial buildings and provide enhanced amenities. • Enhance the aesthetic appearance of the area to make it more appealing. • improve pedestrian, bicycle, mass transit and auto accessibility and circulation. • Eliminate imped'aments to the redevelopment of key facilities with the Plan Area. • Upgrade and restore public infrastructure including transportation facilities, parking, sidewalks and streetscapes. 4. PLAN IMPLEMENTATION In order to accomplish the objectives of this Amended Plan and to fully implement this Plan, VRA shall be authorized to undertake the following activities: N1 L! 81581 741432486.0 ~ ~ 4.1 Redevelopment and Rehabilitation Actions Redevelopment and rehabilitation actions within the Plan Area may include such undertakings and activities as are in accordance with this Plan, the Lionshead Master Plan, and the Urban Renewal Law, including without ]imitation: demolition and removal of public buildings and improvements as set forth herein; installation, construction and reconstruction of public improvements as set forth herein; elimination of unhealthful, unsanitary or unsafe conditions; elimination of obsolete or other uses detrimental to the public welfare; and other actions to remove or to prevent the spread of deterioration. VRA is authorized to negotiate and enter into agreements with landowners, developers, and investors regarding appropriate projects throughout the Plan Area which wil[ generate incrernenfal property tax revenues. 4.2 Pr©perty Acquisition The principal purpose•~of this Amended Plan is the rehabilitation and enhancement of public infrastructure in the Plan Area and the support of new private investment occurring on private property. Restrictive covenants and other conditions of title interfere with new private investment. The power of eminent domain as authorized by the Urban Renewal Law may be utilized as VRA determines necessary #o eliminate and remove restrictive covenants and other conditions of title which interfere with new private investment with the consultation and concurrence of the owner of the underlying fee interest.. 4,3 Relocation Assistance and Payments In the event it is necessary to relocate ar displace any business or other commercial establishments as a result of any property acquisition, VRA may adopt relocation policies far payment of relocation expenses. Such expenses may include moving expenses, actual direct losses of property for business concerns, and goodwill and lost profits that are reasonably related to relocation of the business, resulting from its displacement for which reimbursement ar compensation is not otherwise made. 4.4 Public improvements and Facilities VRA may undertake certain actions which would make the Plan Area mare attractive for private investment by providing public improvements consistent with the Lionshead Master Plan. These improvements include street and traffic improvements, streetscape improvements, a transportation center, landscaping, park and recreation facilities, utility improvements, open space acquisition, stormwater improvements, public art. projects, and other similar improvements necessary to carry out the objectives of the Lionshead Master Plan. 4.5 Redevelopment Agreements VRA is authorized to enter into one or more Redevelopment Agreements with developers} and such other entities as are determined by VRA to be necessary or desirable by VRA to carry out the purposes of this Plan. Such Redevelopment Agreements may contain such terms and provisions as shall be deemed necessary or appropriate by VRA far the purpose of undertaking the activities contemplated by this Amended Planor the Urban Renewal Law, and may further provide for such MUR',581 `zt)1432~86.G1 ~ undertakings by VRA, including financial assistance, as may be necessary for the achievement of the objectives of this Amended Planor as may otherwise be authorized by the Urban Renewal Law. 4.6 Interagency Cooperation VRA may enter into one or mare Cooperation Agreements with the Town of Vail or other public. bodies pursuant to the Urban Renewal Law. Cooperation Agreements may provide, without limitation, for financing, for construction of public improvements, for administration, for technical assistance and for other purposes. 4.7 Advisory Committee VRA shall establish an advisory committee of Lionshead residential and commercial property owners to advise the VRA on matters related to the implementation of the Plan. The composition of the committee shall be determined by the VRA. 5. PROJECT FINANCING S.Z Tax Increment Financing The primary method of financing the projects undertaken in furtherance of this Amended Plan shah be the use of property tax increment financing pursuant to Section 31-25-107(9), C.R.S., which is by this reference incorporated herein as if set forth in its entirety. If there is any conflict between the Urban Renewal Law and this Amended Plan, the provisions of the Urban Renewal Law shall control. All property taxes collected within the Plan Area shall be d'ovided as follows:. a) That portion of the taxes which are produced by the levy at the rate fixed' each year by ar for each such public body upon the valuation for assessment of taxable property in the Urban Renewal Area last certified prior to effective date of the original approval of the Plan or, as to an area later added to the Urban Renewal Area, the effective date of the modification of the Plan, shall be paid into the funds of each such public body as are all other taxes collected by or for said public body. b) Except as VRA may legally provide otherwise under the Urban Renewal Law, the portion of such property in excess of the amounts described in paragraph a}, above, shall be allocated to and, when collected, paid into a special fund to fund VRA's obligations with respect to any project within the Plan Area, including paymen# of the principal af, the interest on, and any premiums due in connection with the bonds, loans or advances to, or indebtedness incurred by (whether funded, refunded, assumed, or othenuise) VRA for financing or refinancing, in whole or in part, the projects in the Plan Area. c) When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection ~nuR~,581 r~,a3za8c~ of 7 therewith, have been paid, but in no event later than 25 years following the adoption of this Amended Plan for the construction of the projects' improvements, any excess property tax collections not allocated pursuant to this paragraph or any Cooperation Agreement between URA and Town or other taxing jurisdiction, shall be paid into the funds of said jurisdiction or public body. Unless and until the total property tax collections in the Plan Area exceed the base year property tax collections in the Plan Area, as provided in paragraph a), above, ail such property tax collections shall be paid into the funds of the appropriate public body. VRA reserves the right to enter into Cooperation Agreements with selec# taxing jurisdictions relative to allocation of incremental tax revenues. d) The adoption of this Amended Plan shall be deemed an adoption of a provision that taxes, if any, levied after the effective date of the approval of this Amended Plan upon taxable property in the Plan Area shall be divided among VRA and various taxing entities for a period of 25 years thereafter or such lesser .period as provided in Section 31-25-107(9}, G.R.S., as exists on the date hereof, or in any Cooperation Agreement between VRA and a county, the Town or a special district. 5,2 Additional Taxing Entities VRA recognizes that tax increment financing is the primary tool fior funding redevelopment activities. However, Colorado law allows the creation of additional political subdivisions within a municipality to provide services within a defined area. These entities include metropolitan and other special districts as well as business improvement distracts. These districts have available certain taxing powers that can generate revenues in addition to those generated by tax increment financing. VRA is committed. to exploring a variety of strategies and mechanisms to complement tax increment financing. VRA recognizes that it is imperative that fnancing mechanisms be flexible and creative to provide necessary assistance to a broad range of redevelopment activities. 5.3 Participating Interest in Fr©jects VRA may require a participating interest in private development projects for which it provides financial assistance. Public assistance is frequently needed for redevelopment projects in order to fill the gap between traditional equity and debt financing and the additional costs of a redevelopment project. In the event the project generates revenues at or greater than market return, the public should share in the success of the project. The terms of the participating interest will be specified in the Redevelopment Agreement at a level and on terms appropriate for each project. 6. MO~IFICATIpNS TO THIS PLAN This Amended Plan may be amended or modified pursuant to provision of the Urban Renewal Law as provided in § 31-25-107, C.R.S. Modifications to this Amended Plan will require appropriate notification in accordance with the Urban Renewal Law, including M[1Ft15KI7~`.432486.0! g submission to the Board of County Commissioners of Eagie County and written notice provided to all property owners, residents, and owners of businesses in the Plan Area not less than 3~ days prior to the consideration of a substantial modification in accordance with C.R.S. 31-25-1 p7 (4)(c). F:lUserslcdevlRUSSIProjectslLionsheadlTIFITIF Legal bocslLionsheadlPul~iicFacilitiesF'LanwithTIF31~.dac • • ti4 ua~ss i ~4'~~~_~+g~.re i g ~J • • hRL!R`,~S! ?9'~,^~ X2486.[71 Figure 1-Plan Area ~. Q Flpure 2 $IUEy Area. Boundary Map • Attachment 2 Pubic Notices • ~~ Ply dilTdlYVP i`/1iL THIS ITEM MAY AFFECT YQUR PR©PERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Tawn Cade, on May 23, 20DS, at 2;00 pm in the Town of Vail Municipal Building, in consideration of: A request for final review of a major exterior alteration, pursuant to Section 12-7A-12, Exterior Alterations or Modifications, and a final review of a variance from Section 12-7A- 10, Landscaping and Site Development, pursuant to Chapter 12-17, Variances, Vail Town Cade, to allow for the construction of a new underground parking garage and an above ground elevator tower, located at fit East Meadow Drive {Talisman Condominiums)JLat L, Block 5E, Vail Village Filing 1, and setting forth details in regard thereto. Applicant; Talisman Condominium Association, represented by Resort Design Associates Planner; George Rather A request for final review of a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Tawn Cade, to allow for a professional and business office (real estate office} far the Vail Plaza Hotel and Club, located at 140 Eas# Meadow Drive #3Nillage Inn Plaza, Phase IV, Lot M, N, O, Block 5D, Vail Village Filing 1 and setting forth details in regard thereto. Applicant: Vail Village Inn, represented by Connie Dorsey Planner: George Ruttier A request for final review of a conditional use permit, pursuant tv Section 12-6E-3, Conditional Uses, Vaik Tawn Code, to allow far construction of a Type III Employee Housing Unit {EHU}; a request far final review of a variance from Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code; to allow for a Gross Residential Floor Area garage credit; and a request for final review of a floadplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Tvwn Cade; located at 2883 Kinnikinnick RoadlException to Phase II, Vail Intermountain Swim and Tennis Club Condominiums; and setting forth details in regard thereto. Applicant: Chuck Olgilby Planner: Bill Gibson A request for a recommendation to the Vail Town Gauncil to approve, approve with modification, or deny an amendment to the Lianshead Public Facilities Development Plan to include the use of tax increment financing as provided by the Urban Renewal Law .The specific description and area for the Lionshead Public Facilities Development Plan are in the Community Development Department. The general description includes that area north of Gore Creek, west of Middle Greek, east of Red Sandstone Creek and south of Interstate 70 in the Town of Vail. Applicant: Vail Reinvestment Authority Planner: Russell Forrest 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 Raad. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information, Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone far the Hearing Impaired, far information. Published May 6, 2005, in the Vail Daily. • ~v ... _ _ _ ~s_ . Office Qf the Town Manager 73 South Frontage Road i~c~il, Colorado 8J 657 970-479-2105 FAX 97©-479-2157 May 5, 2005 Mr. Arn Menconi Eagle County Commissioner, Chair 500 Broadway, P.O, Box 850 Eagle, CO 81639 Dear Commissioner Menconi Un behalf of the Vail Reinvestment Authority, l would like to inform you that the Town of Vail has scheduled a hearing on ,tune 7, 2x05 to consider approval of an amendment to the Lionshead Public Facilities development Pian. This Pian is submitted to you pursuant to C.R.S. § 31-25-107(3.5), As you may recall the Town of Vail approved the Lionshead Public Facilities Development Plan (the Plan) in March of 2004. At the time ofi approval the Town Council elected to remove the provision in the Plan that would a4low Tax Increment Financing to be implemented. The purpose for eliminating this provision was to not begin a twenty five year period for debt service until construction commenced in Lionshead. At this time the Vail Reinvestment Authority has removed certain restrictive covenants in Lionshead which has helped. tQ facilitate the approval of redevelopment plans for the Gore Creek Place Condominiums and the `Core Site° or Arrabelle project. Now that construction has begun in Lionshead, public improvements planned for Lionshead must be budgeted and paid for through tax increment financing. For this purpose the Tawn would like to amend the Plan to add Sections 5.9 and 5.2, These sections were in the Plan the County received as part of the notice for the March 20x4 meeting. This is a critical next step in implementing the Lionshead Redevelopment Allaster Plan. The purpose of the Lionshead Public Facilities Investment Plan is to utilize tax increment financing to fund necessary public improvements and to remove ,certain pro#ective covenants that impede redevelopment of Lionshead. The implementation of the public improvements identifed in the plan should take approximately four to six years, The period of debt service for the planned Lionshead public improvements could be up to 25 years. The potential Lionshead projects for which we could use TI1= could include: Frontage 'Road Improvements in Lionshead $15 million Transit Center (ECO, Shuttles, Skier Drop-off) $12 million West Lionshead Circle {Pedestrian Improvements $1.5 million East Lionshead Portal (Bus Turn aroundlRetail Entrance} $3 millian East Lionshead Circle (Repave New Ped. Area} $1 million Total: $32.6 The Vaii Reinvestment Authority intends to issue bonds in the amount of $9-11 millian to finance a portion of these projects. The property tax increment created by new cflnstrUCtiOn wlll repay these bands. Private developers would pay for the remaining cost of the public improvements associated with the development. After reviewing several financing tools (special improvement districts, sales tax increase, property tax increase), it was determined that TIF is the most attractive means of helping to pay for some of the above mentioned public improvements. TIF provides a means for private development to pay for associated public improvements through the increase in assessed value of new private construction. Tax increment financing is a common tool utilized by municipalities (e.g., Mt. Crested Butte, Boulder, Golden, Westminster, Ft. Collins, Grand Junction} to finance public improvements. We have attached the Lionshead Public Facilities Investment Plan far your review and comment. The potential impacts that we can anticipate of this plan to the County if implemented include: ~ ^uring the use of the property tax increment, Eagle County and other taxing entities will continue to receive property taxes based on the current assessed value, adjusted for general reassessments. The property tax increment collected by the Vail Reinvestment Authority will result from $26 million in additional incrementaE assessed value resulting from construction proposed by Vail Resort Inc. - For up to 25 years, the opportunity cost to Eagle County for annual property tax collections is projected to be approximately $202,000 and $164,000 per year for projects @ikely to proceed and projects in the planning stages, respectively. -- The development proposed in Lionshead will involve primarily redevelopment versus new development. - The proposed redevelopment of Lionshead will help improve tyre economic sustainability of both Eagle County and the Town of Vail. The incremental increase in sales tax colEection for Eagle County is forecasted to be approximately between $160,000 and $190,000 per year for projects likely to proceed and between $70,000 and $132,(}00 for projects in the planning stages. The amount of sales tax generated for the county is less than originally projected due to a reduction in hotel rooms versus condominiums in the development. 9 The Town projects that if Lionshead is not redeveloped, safes tax generation will remain flat and more realistically decline over time. - The Town can not determine where new employees generated by Lionshead development will choose to live, However, adequate housing will be provided by developers and the Town of Vaii has created within the Town's boundary. The Town of Vail will require housing for new development as part of the development review process. In addition, the Town of Vai! has completed the ~y 142 unit Middle Creek project in Vail. The Town anticipates new seasonal and year round employees generated by the new development in Lionshead to have housing options in the Town of Vail. ~ No additional public County services are anticipated to be necessary as the result of the development. We would very much appreciate your consideration and support of this effor# to revitalize and rejuvenate the Lionshead commercial area.. If you have any questions or comments, please send them to: Town of Vail, Attn Russ Forrest, 75 South Frontage Rd, Vail, Colorado 81657. You can also call us with any questions you might have at 970-479-2146. Sincerely, F 7 ~~ n emler Ton Manager r ~au~v a~ v~IL ©f~ce of the Town Munager 75 South Frantage Road Vail, Colorado 81 d57 970-479-2105 FAX 970-479-2157 May 92, 2005 Mr. John Brendza Superintendent, Eagle County School Clistrict P.D. Box 740 Eagle, CO 81631 Dear Mr. Brendza: ., Dn behalf of the Vail Reinvestment Authority, I would like to inform you that the Town of Vail has scheduled a hearing on June 7, 2005 to consider approval of the Lionshead Public Facilities investment Plan. `this report is submitted to you pursuant to C.R.S. § 31-25-107(3.5}, As you may recall the Town of Vail approved the Lionshead Public Facilities Development Plan (the Plan} in March of 2004. At the time of approval the Town Council elected to remove the provision in the Pian that would allow Tax Increment Financing to be implemented. The purpose for eliminating this provision was to nat begin a twenty fve year period for debt service until construction commenced in Lionshead. At this time the Vail Reinvestment Authority has removed certain restrictive covenants in Lionshead which has helped to facilitate the approval of redevelopment plans for the Gore Creek Place Condominiums and the "Core Site" or Arrabelle proaect. Now that construction has begun in Lionshead, public improvements planed for Lionshead must be budgeted and paid for through tax increment financing. For this purpose the Town would like to amend the Plan to add Sections 5.1 and 5.2. These sections were in the Plan the County received as part of the notice for the March 2flfl4 meeting, This hearing will occur at the regularly scheduled Vail Town Council meeting on June 7th at 6:00 p.m. and will be located at 75 South Frontage Raad in the Vail Town Hall. If you have any questions ar comments on this plan, please send them to: Town of Vail, Attn Russ Forrest, 75 South Frantage Rd, Vail, CO 81657. You can also call us with any questions you might have at 97fl-479-2146. Sincerel ~~~ St~ar~ emler Town Manager • • Publiic Notice Vail Town Council Hearing an an Amendment to the Lionshead Pubie Facilities Development Plan A public hearing is scheduled for June 7, 2QQ5, at the evening Vail Town Council meeting, which begins at 6:Q0 p.m., for the purpose of considering Town Ccauncil's approval of an amendment to the Lionshead Pubic Facilities Development Plan to include the use of tax increment financing as pravided by the Urban Renewal Law. This hearing will be held in the Chambers of Vail Tawn Council, located at 75 South Frontage Road in Vail, Colorado. $y way of general identification, the urban renewal area within the Lionshead Pubic Facilities Development Plan includes all or portions of the Lionshead area in the Town of Vail south of Interstate 70, north of Gore Creek, east of Red Sandstone Creek, and west of Middle Creek, and includes Tract K, Glen Lyon Subdivision (see attached map). Please refer to the Tawn of Vail web page at www.vailoov.com far mare information. • WYiY~~r~,~liii~iYiii F~gare 2 $uGy Aran Baii~tlery Map PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING - t' May 9, 2405 PROJECT ORIENTATION - Comm~urtity Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT MEMBERS ABSENT Chas Bernhardt Bill Jewitt Doug Cahill George Lamb Anne Gunion Rollie Kjesbo David Viele Site Visits: 1. Scolnick Residence - 2935 Basingdale Boulevard 2. Heckmann Residence -1783 Shasta Place 3. Rojas Residence - 400 East Meadow Drive, Unit 6 4. Massa Residence - 400 East Meadow Drive, Unit 7 Driver: Warren Public Hearing -Town Council Chambers 2:00 pm 1. A request for a final review of variances from Section 12-6D-6, Setbacks, Vail Town Code, and Title 14, development Standards Handbook, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the construction of gross residential floor area within the front setback and the location of required parking within the public right-of-way, located at 2935 Basingdale BoulevardlLot 19, Block 6, Vail Intermountain Subdivision, and set#ing forth details in regard thereto. Applicant: Jay and Sheryl Scolnick Planner: Warren Campbell ACTION: Approved MOTION: Kfesl,o SECOND: Viele VOTE: 5-0-0 Warren Campbell gave a presentation per the staff memorandum. Jay Scolnick, the applicant, introduced himself and stated he had nothing to add to the presentation. There was no public carnment. The Commissioners were agreed with the findings in the staff memorandum. 2. A request for a final review of variances from Section 12-6D-6, Setbacks, and Section 12-6D-7, Height, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow far the construction of gross residential floor area within the side setback and to exceed the height limitation within the Two-Family Primary/Secondary zone district, located at 1783 Shasta PlaceJLot 14, Vail Village West Filing 2, and setting forth details in regard thereto. Applicant: Chris Heckmann Planner: Elisabeth Eckel ACTION: Approved with conditions {setback variance) MOTION: Kjesbo SECOND: Bernhardt VOTE: 5-0-0 1. This approval shalt be contingent upon the applicant receiving Town of Vail approval of the design review application associated with this variance request. ACTION: Denied (height variance) MOTION: Kjesbo SECOND: Viele VOTE: 4-1-0 (Gunion opposed) Elisabeth Eckel gave a presentation per the staff memorandum. Chris Heckmann, the applicant, stated that he has tried to minimize the requested variances. Lee Wittingtan of Arroyo Engineering, spoke an behalf of Eagle River Water and Sanitation District, stating that the District has a minimum requirement of 4.5 feet coverage of earth above the sewer line, which is what this pipe is currently covered with. To reduce the depth in an effort to create positive drainage on the west side of the lot would necessitate a variance from ERWSD requirements. The Commission felt there was a relationship between the access and pump house easements an the lot and the requested side setback variance. However, they felt that a design solution could resolve the need for a height variance. David Viele clarified that he is on the Board of Directors for ERWSD, but felt there was na conflict of interest. Mr. Viele admitted a lack of understanding regarding the relationship between the sewer line and the height variance request. Anne Gunion stated she does not believe a variance from the maximum height standard was warranted in this situation. Chas Bernhardt stated he did not see a problem with the side setback variance and furthermore agreed with the opinion of the other Commissioners regarding the lack of a compelling need for a height variance.. Doug Cahill agreed with the sentiments of the other Commissioners and proceeded to ask if the applicant had pursued other drainage options, to which the applicant replied in the negative. Elisabeth Eckel suggested there are possible design alternatives that may exist which have not yet been pursued. Therefore, perhaps the variance request was not the only available option far the property. Chas Bernhardt asked the applicant when he became aware of the necessary variance requests. The applicant responded that he was not aware of the need to pursue variance requests until after the proposal underwent conceptual review by the Design Review Board in January,. at which time discussions with ERWSD began. 3. A request for a final review of variances from Section 12-FH-6, Setbacks, and Section 12-6H-9, Site Coverage, Vail Town Cade, pursuant to Chapter 12-7, Variances, to allow for the construction of a residential addition within the side setback, located at 400 East Meadow Drive, Unit 61Tyralean Condominiums, and setting forth details in regard thereto. Applicant: Enrique Rajas, represented by Michael Suman Architect Planner: Matt Gennett ACTION: Approved MOTION: Viele SECOND: Bernhardt VOTE:40-0 (K~esbo recused} Matt Gennett introduced the project according to the memorandum. Mike Suman further explained the project. Chas Bernhardt commented that the example of similar deck enclosures had already occurred. David Viele had no additional comment. Anne Gunion expressed the concern that abox-like, lifeless structures might result from approval of too many deck enclosures. She requested that staff consider the design effects of such proposals in the future. Doug Cahill asked if this proposal had been seen. by the Design Review Board and requested that the Commissioners previous comments on this item be passed along to the DRB. Because similar variance requests had been approved for the same structure, this request should be approved as well. 4. A request far a final review of variances from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-7, Variances, to allow for the construction of a residential addition within the side setback, located at 400 East Meadow Drive, Unit 7/Tyralean Condominiums, and setting forth details in regard thereto. Applicant: Jorge Massa, represented by Michael Suman Architect Planner: Matt Gennett ACTION: Approved MOTION: Viele SECOND: Gunion. VOTE. 40-0 (Kjesbo recused~ Matt Gennett introduced the project according to the memorandum.. This project differs from the one previous in the sense that there is no need far a site coverage variance, and the amount of GRFA requested in the eastern setback is less than that of Unit 6. 5. 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: Tawn of VaiE, represented by Rick Pylman, Pylman & Associates, Inc. Planner: Bill Gibson ACTION: Tabled to May 23, 2005 MOTION; Berhhardt SECOND: Gunion VOTE 4-0-0 £~. A request for a final review of a conditional use permit, pursuant to Section 1~-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 Circle/Lot 1, Block 2, Vaif Lionshead Filing 1, and setting forth details in regard thereto. Applicant: Tawn of Vail Planner. Bill Gibson ACTION: Tabled to May 23, 2005 MOTION: Bernhardt SECOND; Gunion VOTE: 4-0-0 7. A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to an existing platted building envelope, located at 971 Spraddle Creek RaadlLot 8, Spraddle Creek Subdivision, and setting forth details iri regard thereto. Applicant: Franco D'Agostino, represented by Zehren & Associa#es Planner: Matt Gennett ACTION: Tabled to May 23, 2005 MOTION: Bernhardt SECOND; Gur~lan VOTE:4-0-f} ~. Approval of April 25, 2005 minutes ACTION: 'fabled to May 23, 2005 MOTION: Gunion SECOND: Viele VOTE: 40-0 9. Information Update 10. Adjournment - 3:00 pm MOTION: Viele SECOND: Bernhardt VOTE; 4-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please cal[ (970} 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970} 479-2356, Telephone for the Hearing Impaired, far information. Community Development Department Published May 6, 2005, in the Vail Daily.