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HomeMy WebLinkAbout2005-0912 PEC• • • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ,• September 12, 2005 ,~ Tt}iVN ~` Afl.' . ~~~~~~ PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm 1. 1. Staff memorandums were discussed with Commission members; no direction given. MEMBERS PRESENT Chas Bernhardt Doug CahilE Bill Jewitt Rollie Kjesbo George Lamb Site Visits: MEMBERS ABSENT Ann Gunion David Viele 1. Boone Residence - 3094 Booth Fails Road 2. Ritz - 728 West Lionshead Circle Driver: Warren Public Hearing -Town Council Chambers 2:00 pm 1. A request for a final review of a variance from Section 12-6F-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vaii Town Code, to allow for a residential addition within the setback, located at 3494 Booth Falls Road, Unit 1 {Booth Falls Mountain Homes}/Lot 1, Block 2, Vail Village Filing 12, and setting forth details in regard thereto. Applicant: Michael and Katie Boone Planner: Bill Gibson ACTION: Approved, with condition{s) MOTION: Kjesbo SECOND: Bernhardt VOTE: 5-0-© c~NDlTlonls: 1. This approval shall be contingent upon the applicant. receiving Town of Vail approval for the related design review application, Warren Campbell gage a presentation per the Staff memorandum. There was no public comment or comment from the applicant. 2. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Gode, to allow for the development of 106 multi-family residential dwelling units, located at 728 West Lionshead CirclelLot 2, West Day Subdivision, and setting forth details in regard thereto. Applicant: Vail Corp., represented by Braun Associates, lnc, Planner: Warren Campbell ACTION: Tabled to September 26, 2005 MOTION: Jewitt SECOND: Kjesbo VOTE: 5-0-0 Page 1 Warren Campbell gave a presentation per the Staff memorandum. The appiicant's representatives, Jay Petersen and Bob Fitzgerald gave a presentation of the project which included a power point presentation. Jeff Winston,. the Town's consultant regarding the project, gave a presentation. Gil McNeish, the lawyer representing the Vail Spa, stated that his comments were as stated in his letter dated August 19, 2005. He added that he would have specific comments regarding the project at the following hearing. There was no other public comment. The Commission expressed that there were no concerns with the Conditional Use Permit that was being request for dwelling units on the first floor or garden level. The Commission continued by expressing concern regarding the height of the landmark tower. The general consensus was that a height of 140 feet was inappropriate. In addition, the Commission stated that the height of the screening element for the mechanicals had not been justified in the presentation and other options should be examined. The Commission was not comfortable with approving the height of the screening element over the maximum height of 82.5 feet. Finally the Commission expressed that they would like greater information regarding the flat roof maximum area requirement found in the Lionshead Redevelopment Master Plan. George Lamb and Chas Bernhardt expressed a need for the western elevation along the Frontage Road to have step backs incorporated. 3. A request for a wvrksession to discuss a recommendation to the Vail Town Council for proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; Title 14, Development Standards Handbook; Vail Town Code, for proposed corrections and clarifications to the Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede ACTION: Tabled to September 2fi, 20Q5 MOTION: Kjesbo SECOND: Lamb VOTE: 5-Q-0 Rachel Friede gave a presentation per the staff memorandum. Members of the Commission had a few questions on various proposed text amendments, of which answers will be given at the next worksession. There was no public input. The item was tabled and further discussion will ensue, 4. A request for a recommendation to the Vail Town Council of a text amendment, pursuant to Section 12-3-7, Vail Town Code; to Section 12-2-2, Definitions, to define the term uTime-Share Units" and to amend Section 12-6H-3, Conditional Uses, High Density Multiple-Family (HDMF) District; Section 12-7A-3, Conditional Uses, Public Accommodation (PA) District; Section 12-7H- 4, Permitted and Conditional Uses, Second Floor and Above, Lionshead Mixed Use 1 (LMU-1) District; and Section 12-71-2, Permitted and Conditional Uses, Basement or Garden Level, and Section 12-71-3, Permitted and Conditional Uses, First Floor or Street Level, Lionshead Mixed Use 2 (LMU-2) District, to replace the terms "fractional fee clubs", "fractional fee club units", timeshare estate units'°, "fractional fee units", and "timeshare license units" with the term "time- share units", and setting forth details in regard thereto. Applicant: Town of Vail Planner. George Ruther ACTION: Approved MOTION: Kjesbo SECOND. Bernhardt VOTE: 5-0-0 George Ruther gave a presentation per the staff memorandum. Page 2 There was no public input. Members of the Commission expressed support for text amendment. 5. A request far a final review of a conditional use permit, pursuant to Section 12-7B-5, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for the operation of a private club, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Remonov & Company, Inc., represented by Knight Planning Services, Inc. Planner: Warren Campbell ACTION: Tabledd to September 26, 2005 MOTION: Kjesbo SECOND: Lamb VOTE: 5-0-0 6. A request for a final review of a text amendment to Section 12-7A-7, Height, Vail Town Code, pursuant to Chapter 12-3, Amendments, to increase the height limitation for a sloping roof from 48' to 56' in the Public Accommodation zone district, and setting forth details in regard thereto. Applicant: Mauriello Planning Group, LLC Planner: George Ruttier ACTION: Tabled to September 26, 2005 MOTION: Kjesbo S1=COND: Lamb VC3TE: 5-0-Q 7. A request for final review of a final plat, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code,. to allow far the subdivision of the Conference Center development site; final review of a conditional use permit, pursuant. to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow far a public convention facility and public parking facilities and structures; and final review of architectural deviations, pursuant to Section 8.3.3.A, Review Criteria far Deviations to the Architectural Design Guidelines for New Development, Lionshead Redevelopment Master Plan, to allow far a public convention facility and public parking faclities and structures, located at 395 East Lionshead CirclelLot 1, Block 2, Vail Lionshead Filing 1, Lots 3 and 5, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Pylman ~ Associates, Inc. Planner:: Bill Gibson ACTION: Tabled to September 2G, 2005 MOTION; Kjesbo SECOND: Lamb VOTE: 5-0-fl 8. A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area, and setting forth details in regard thereto. Applicant: Town of Vail Planner: BII! Gibson ACTION: Tabled to September 26, 2005 MOTION: Kjesbo SECOND: Lamb VOTE: 5.0-0 9. A request for a final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow far a public convention facility and public parking facilities and structures, located at 395 East Lionshead Circle! Lot 1, Block 2, Vail Lionshead Filing 1, Lot 3 and 5, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Pylman ~ Associates, Inc. Planner: gill Gibson ACTION: iMithdrawn i• Page 3 10. 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 Pylman & Associates, Inc. Planner. Bill Gibson ACTION: Wiithdrawn 11. A request for a final review of a variance, from Section 12-fiF-6, Setbacks, 12-fiF-9, Site Coverage, 12-fiF-10, Landscaping and Site Development, 12-fiF-11, Parking, pursuant to Chapter 12-17, Variances, Vail Tawn Code, to allow for a residential addition, located at 4110 Spruce WaylLot 24, Block 8, Bighorn Addition 3, and setting forth details in regard thereto. Applicant: Michael and Elizabeth Taggart Planner: Matt Gennett ACTION: Withdrawn 12. Approval of August 22, 2005 minutes ACTION; Appr4aed MOTION: Kjesba SECOND: Lamb VOTE: 5-0-D 1 ~. Information Update 14. Adjournment MOTION: Kjesbo SECOND: Lamb VOTE: 5-0-0 The applications and information about the proposals are available far public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published Sep#ember 9, 2005, in the Vail Daily. • Page 4 • TO: Planning and Environmental Commission FRGM: Department of Community Development DATE: September 12, 2005 SUBJECT: A request for a final review of a variance from Section 12-6F-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition within the setback, located at 3094 Booth Falls Road, Unit 1fl_ot 1, Black 2, Vail Village Filing 12, and setting forth details in regard thereto. {PEC05-0066) Applicant: Michael and Katie Boone Planner: Bill Gibson I. SUMMARY The applicants, Michael and Katie Boone, are requesting a variance from Section 12-61=- 6, Setbacks, Vail Town Code; to allow for a residential addition within the setback,. pursuant to Chapter 12-17, Variances, Vail Town Code, located at 3094 Booth Falls Road, Unit 1 (Booth Falls Mountain Homes). • Based upon Staff's 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 variance subject to the findings and conditions noted in Section IX of this memorandum. I1. DESCRIPTION OF THE REQUEST The applicants, Michael and Katie Boone, are requesting a variance from Section 12-6F- 6, Setbacks, Vail Town Code; to allow for a residential addition within the setback at Unit 1 of the Booth Falls Mountain Homes (aka Bvoth Falls Townhomes). The applicants are proposing atwo-story enclosure of an existing roofed deck located on the west side of Unit 1. This addition will add 88.5 sq. ft. to the unfinished lower level of the unit and 88.5 sq. ft. to the second-story master bedroom {total of 177 sq. ft. of "new GRFA}. As this is an existing roofed deck, the applicant is not proposing to alter the existing roof. The northern corner of this deck addition will not be located within the required 20 foot setback; however, the southern corner of the proposed addition will encroach 3.29 feet into the setback. This addition is similar to deck enclosures that have been constructed at other units within the Booth Falls Mountain Homes complex; and the building materials, paint colors, etc. of this proposed addition will match the existing building. A vicinity map {Attachment A}, the applicant's request {Attachment B}, and architectural plans (Attachment C} have been attached for reference. • 111. BAGKGROUND The Booth Falls Mountain Homes were originally approved for construction in early 1973 under Town of Vail jurisdiction At that time, the site was zoned Multiple Family District. The setback requirements of the Multiple Family District were 10 feet on all sides except those abutting National Forest Service Property in which case there was no setback requirement. The Booth Falls Mountain Hornes were rezoned to the Low Density Multiple-Family District in late 1973. The setback requirements of the Low Density Multiple-Family District are 20 feet on all sides, thus yielding the Booth Falls Mountain Homes legally non-conforming in regard to setbacks. Similar deck and porch enclosures have been approved by the Town of Vail for Units 1, 4, 5, S, 7, 1i7, 11, 14, 15, and 16 of the Booth Falls Mountain Homes. One deck enclosure constructed at Unit 4 is located within the 20 foot setback; however, the enclosure was approved by the Town of Vaii without the review or approval of a variance by the Planning and Environmental Commission. The applicant, owner of Unit 1, recently received Town of Vail approval for the enclosure of the north front porch, a south deck, and the conversion of a crawlspace. 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 variance application, in accordance with Chapter 12-17, Variances, Vail Town Cade. Design Review Board: The Design Review Board has no .review authority over a variance application. However, the Design Review Board is responsible for the final approval, approval with modifications, or 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 Enviranmerital; Commission and/or 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 far completeness and general compliance with the appropriate requirements of the Town Cade. S#aff 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 Tawn Cade; and a recommendation of approval, approval with modifications, or denial. 2 V. APPLICABLE PLANNING DOCUI'~ENTS Title 12, Zoning Regulations, Vail Town Code ARTICLE 12-6F: LCW DENSITY MULTIPLE-FAMILY (COME) DISTRICT (in park) 12-6F-1: PURPCISE.- The low density multiple-family district is intended to provide sites for single- family, two-family and multiple-family dwellings at a density not exceeding nine (s) dwelling units per acre, Together with such public facilities as may appropriately be Located in the same district. The low density multiple-family district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with low density occupancy, and to maintain the desirable residential qualities of the district by establishing appropriate site development standards. 12-BF-6: SETBACKS: !n the LDMF district, the minimum front setback sha11 be twenty feef (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). CHAPTER 12-17 VARIANCE (in part) Section 92-17-1: PUf2P(~SE: A. Reasons for Seeking Variance: fn order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from fopographic or physical conditions on the site or in the immediate vicinity; or from other physical Iimifations, street locations or candifions in the immediate vicinity. Cost or inconvenience to the applicant of strict or liters! compliance with a regulation shall not be a reason for granting a variance. VI. Z£3N1NG ANALYSIS Address: Legal Description: Zoning; Land Use Plan Designation: Current Land Use: Development Site Size: Buildable Development Site: Hazards: 3rJ94 Booth Falls Road ' ~,.~ Lo# 1, Block 2, Vail Village Filing 12 Low Density Multiple-Family District Medium Density Residential Multiple-family Residential 106,830 sq. ft. (2.45 acres) 84,486 sq. ft. (1.94 acres) None (rockfall hazard mitigated) Total Site Standards AllowediReauired Dwelling Density (max): 17 units Density, GRFA (max): 37,171 sq. ft. Site Coverage (max): 37,235 sq. ft. (350/0) Existina Proposed 18 units no change 2$,303 sq. ft.* 176 sq. ft. 12,205 sq. ft. (11°/n)* no change"~ 3 Setbacks {min):. Fr©nt: 20 ft. 21 ft. 16 ft. Side: 2D ft. 7.6 ft. no change Side: 2D ft. 3.6 ft. no change Rear: 2D ft. 165 ft. no change "per Community Development Department files "`* "covered decks° are counted as site coverage VII. SURROUNDING LAN® USES AND ZC'1NING Current Land Uses Zoning Month: ERWSD Utilities Eagle County Jurisdiction South: Residential Two-Family Residential District 1Nest: Residential Two~Family Residential District East: Open Space Natural Area Preservation District VIIL REVIEW CRITERIA The Planning and Environmental Commission shall consider the following fantora with respect to a variance application: 7. The rely#ionship of the requested variance to other existing or potential uses and structures in the vicini#y. The applicant is proposing to oonstruct an addition in the same manner (i.e. design, building materials, paint colors, etc.) as numerous other units of the Booth Falls Mountain Homes. Therefore, Staff believes the proposed addition will have an architecturally and aesthetically compatible relationship to the other units of the Booth Falls Mountain Homes. The existing deck is a roofed structure that is already considered to be site coverage. Therefore, this proposed addition will not affect the site coverage or landscape area development rights of the other owners of the Booth Falls Mountain Homes. The proposed addition to Unit 1 is boated directly adjacent to the Booth Falls Road right-of-way. This addition is not located directfyadjacent to another unit of the Booth Falls Mountain Homes or a neighboring property owner. Therefore, Stafif does not believe the requested variance will adversely affect the development rights +;i.e. building separation requirements, etc.) of any neighboring property owners, in comparison to existing conditions. The proposed addition will add bulk and mass to the existing building within the setback. However, Staff believes the existing deck is already perceived as bulk and mass since the deck is covered by the main roof of the building and framed by columns that extend from grade to the roof. Staff believes the proposed enclosure of this existing deck will have less visual impact to adjacent properties than other possible additions to this unit. • :7 4 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary #a achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. The applicant is proposing to construct a deck enclosure addition in the same manner (i.e. design, building materials, paint colors, etc.} as numerous other units of the Booth Falls Mountain Homes. The north end of this proposed deck enclosure complies with the required 20 foot setback, however, the south end of this enclosure encroaches 3.29 feet into the setback due to the configuration of the existing building on the site as it relates to the alignment of the property boundaries and Booth Falls Road right-of-way. The proposed addition will be 88.5 sq. ft. of new GRFA on each story (i.e. two stories for a total of 177 sq. ft.), As proposed, .26.5 sq. ft. of the addition on each story ~i.e. 53 sq. ft. total) will be constructed within the setback, This is equivalent to 30% of the proposed addition. Staff does not believe constructing a deck enclosure addition on the west side of Unit 1 in strict compliance with the setback requirements would be physically practical, nor aesthetically desirable. Therefore, Staff believes the requested degree of relief from the strict and literal interpretation and enforcement of the setback regulations is necessary to achieve compatibility and uniformity of treatment among units at the Booth Falls Mountain Homes. Since the applicant is proposing to construct this deck enclosure addition in the same manner as numerous other units of the Booth Falls Mountain Homes and a similar setback encroachment was approved by the Town of Vail for Unit 4, Staff does not believe approval of this variance request will be a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. While the proposed addition is located adjacent to the Booth Falls Road right- of-way, it will not be located any closer to the street than the existing deck structure.. Therefore, Staff does not believe this ,proposal will have a significant impact on the public health, safety or welfare, public facilities, utilities, or light and air, in comparison to existing conditions. 4. Such other factors anti criteria as the commission deems applicable to the proposed variance. In 1993, a similar deck enclosure was constructed at Unit 4 of the Booth Falls Mountain Homes that encroaches approximately 4 feet into the required 24 foot setback. Although this addition to Unit 4 did not receive planning and Environmental Commission approval of a setback variance, this addition was approved by the Town of Vail. 5 IX. STAFF RECOMMENDATION The Community Development Department recommends ap;~raval, with conditions, of a variance from Section 12-6F-6, Setbacks, Vail Town Code; to allow for a residential addition within the setback, pursuant to Chapter 12-17, Variances, Vail Town Cade, located at 3094 Booth Falls Road, Unit 1 (Booth Falls Mountain Homes}, and setting faith 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 this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a variance from Section 12-6F-6, Setbacks, Uaif Town Code; fo allow for a residential addition within the setback, pursuant to Chapter 12-17, Variances, Vail Town Code, located at 3094 Booth Falls Road, Unit 1 (Booth Falls Mountain Homes), and setting forth details in regard thereto; subject to the following condition: 7. This approval steal! be contingent upon the applicant receiving Town of Vail approval for the related design review application." Should the Planning and Environmental Commission choose to approve this variance request, the Community Development department recommends the Cammissian makes the following findings: "The Planning and Environmental Commission finds: ~, . The granting of this variance will not constitute a granting of special privilege inconsistent with the limitations an other properties classified in fhe Low Density Multiple-Family {LL7MF) District, since the applicant is proposing to construct this deck enclosure addition in fhe same manner as numerous other units of the Booth Falls Mountain Homes and a similar setback encroachment was approved by the Town of Vail for Unit 4 of the Booth Falls Mountain Homes. 2. The granting of this variance will not be detrimental to the .public health, safety, or welfare, or materially injurious fo properties or improvements in fhe vicinity since the proposed addition will be in the same location as an existing deck structure. 3. This variance is warranfed for fhe following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent wr'th the objectives of Title 92, Zoning Regulations, Vail Town Code, due to the configuration of the existing building on the site as it relates to fhe alignment of the property boundaries and Booth Falls Road right-of- way. 6 b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to ether properties !n the Law Density Multiple-Family (COME) District due to the configuration of the existing building an the site as it relates to the alignment of the property boundaries and Booth Falls Raad right-of-way. c. The strict interpretation or enforcement of the specified regulati©n would deprive the applicant of privileges enjoyed by the owners of other properties in the Law Density Multiple-Family {COME) District since the applicant is proposing to construct this deck enclosure addition in the same manner as numerous other units of the Booth Falls Mountain Homes." ~. AT7AGHMENTS A. Vicinity Map B. Applicant's Request C. Boathfall's Homeowner's letter of approval D. Architectural Plans E. Photographs F. Public N©tice .,~ • 7 ~~- ~s [.f) Attachment: B KATIE A3~TD MIKE B04NE 'I256 SOUTH BOULDER RQAD B~OUDLER, C(? 80303 343-499-2434 August 8, 2045 Planning and Environmental Commission 7 5 South Frontage Road Vail, CO $1657' RE: Application for zoning variance, Baoth Falls Mountain Homes Unit #1 Dear Members of the Planning Commission: Thank you in advance for considering our need for a zoning variance for the west deck enclosure at our Booth Falls town home in East Vail. We look forward to working with you to provide whatever is needed to complete the process of application and approval. ~'e are .~ciy excited about our project as we have lived in the unit for mane years and had hoped to one day to be able to make improvements to unit. We have plans to enclose s~.~~~a1 decks and make other improvements which we feel will. enhance value and appearance of the unit. The Booth Falls HIJA has encouraged and approved of our plans. Hopefully, with your approval five will be able to undertake this project soon. It has been a pleasure to work with Bi11 Gibson through the Design and Plan review process. He has been very helpful in assisting us to understand what is needed for the zoning variance. We hope everything is in good order and look forward to meeting you. If for any reason you need to contact us please call 303- 517-04$2. Sincerely, ,,~. ~ .- ~~~ l~atie and Mike Boone r~ U Descri©tion and Statement of Reauest for Variance to Setbacks. ~. RE: Requested Variance from Vail Town Cade: Setbacks -Section 12-6F-b Property Address: Booth Falls Mawntain Haines 3094 Booth Falls Road Unit #l Descrit~tion of Nature of the Variance: Pursuant to Vail Town Code 12-17-1 through 8 (Variances), a variance is requested in order to enclose an existing deck located an the west side of the unit #1 Booth Falls Mountain Homes. A corner of the west deck extends into the 20-foot setback required by Vail Town. Code 12-6F-b, The planned west deck enclosure is an integral part of a package of enclosures and improvements to the unit. These enclosures are improvements that have been encouraged and reconunended by the Booth Falls Homeowners Association. The Town of Vail Design Review Board has already approved planned deck enclosures and improvements, on the south and north side of the unit. The Design Review Board's approval of the west deck enclosure requires the grant of this requested variance. The west deck enclosure requires building atwo-story wall including a foundation that is 16 by 5 feet. This enclosure exists within the current footprint of the building and roofline. The west deck extends into the 20-foot setback in a pie shaped section l b feet long by 3.29 feet wide. (See attached exhibit.) In total the west deck enclosure encroaches 24.46 square feet within setback. A strict interpretation of Vail Town Code 12-5F-6 would require building the enclosure diagonally along the set back. Attempting to construct an exterior wall and foundation diagonally along the setback beneath the existing roofline wauId present construction difficulties and visual unsightliness. In this case we feel that the literal interpretation of the regulation results in practical difficulty inconsistent with the objectives of the title. ,,~. Relationship of requested vaziaan.c~P t~ ether exi~tin~ uses and structures in the vicinity Precedent exists within the Booth Falls Mountain Homes complex for a deck enclosure within the 20' setback. (Unit #4). There is no variance application on record for this enclosure. Consideration should also be given to the fact that when the BoothfalIs Mountain Homes were built in 1973, several of the other units were constructed. with living spaces within in the setback. (Units #3, S, i0, 13 and 18) • Degree to which the requested relief achieves compatibility and uniformity among sites in the vicinity.. _ The west deck enclosure is consistent with improvements encouraged by the Booth Falls Homeowners Association. Eleven owners have constructed a total of 25 deck enclosures. One additional owner is awaiting permit to begin his deck enclosures. As stated above these enclosures are improvements that have been encouraged and recommended by the Booth Falls Homeowners Association. ~e have no reason to believe that granting this variance would i.n any way be detrimental to the public health, safety, ar welfare, or materially injurious to properties or improvements in the vicinity. In conclusion, these paints lead us to feel that a strict interpretation and enforcement of the 20-foot setback regulation, 12-6F-6, would be inconsistent with the purpose and objectives of the Vail Town Code Setbacks. Granting of this variance does nat. constitute a grant of special privilege inconsistent with the linutations an other properties within the Booth Falls Mountain Townhomes association. { ,~ ~r 1 0 L•~, d e~ d ~~ ~ ~. t ~ ~~ Z O G Z U i- E a 8 7 ~ t C ~ ~ k r ! S C'~ j r r 9 ~ t s ¢~ °x~ ~~`o~°• ~ ~ al . y l~'~I ? ~ ~ ~ p Y t I ~ ~ +y~~~ Y 4 ~ ~ e a d t 15 ~ ~ ° ~ ~ ! f !! L ~ F d {~ ~! * y ~ i! I~ c ~ y ~ @ I R g ~* ExR ~ i4 t e ~ ~ ~ 1 ~; p q ~ R !p ~ 4 [ ~ i~ I! r~ iEe~e ~ 4 pi~11i ~~ ~~ ~~ C ^ $ G 9 ~ ~: Yi 3 rt~ d'~ ~(` w n ~ W ~, N 4'. ~-. ~:~ µ~ ~ ~~ 3~ u ~s ~„ . ~~ ~ ~ i x-° e i~b i x ~ ~ p jxs~P C' d'. X '~ N Q w ~ ~ i 7 "~~ i x ~~ Q V/ ', O • 1r 4 J Attachment: C ~oothfalis Mou~i~ain Homes Susan Fritz Frresident '~'nm Talbnt SeereEary, 7'reaaurrr Gra}' ~i1~7117 Board IL7einLer Dee ~~isor Bnard !11ernLer Craag 11719f1e1C1 Board ,99errrGer Dear Michael, August 4, zoos The Boothfalls Homeowner's Board of Directors has met and approved of your plans to enclose the west deck facing Boothfalls Road, including improvements to the common area with the following conditions: 1. You must do as much a possible to match exiting the buildings. 2. Windows must be aluminum clad with dark bronze exterior finish. 3. Siding shall be 6" rough saw cedar and run vertically. 4. Stain and trim shall match existing colors. 5. You seek and receive all necessary approval from the Town of Vail. In addition you understand and agree that any improvements made in a common area are the responsibility of the individual homeowner to maintain and that you will hold the Association harmless from any liability associated with this improvement. The Association is in favor of the architectural aspects of this project. Other deck enclosures have visually impraved the overall appearance of the buildings, Unfortunately 30 years ago your building was laid out with the deck encroaching into an easement by approximately 24 square feet. As this somewhat unsightly foot print has existing far over 30 years we believe granting a variance and enclosing this deck will be a:'great improvement. Sincerely, ~~ ~, Susan Fritz President, Boothfalls Mountain 1-lames • 3~9~ Sootlifdlis Road., Fail, Cu $1f~~7, PO Pc~x 30~=1 frail, C~ f31fi~~, 9i[} -lid-x€3=13 Attachment: d N I 5 t~ - 1 ~ , ~. } ~ - ____. - ~~ ~ ~,~ T - '- s ~, ~f~~ )~_~,, ~ _f~ ~, Boone Reatidenee Remodel Beth Levine, Architect, inc. Sheet No. ~ ~ ~~' d'S 3094 Booth Fr1Lr Rood, ~-1 P.O. Box 1825 Pa~c ~ , Vail, Cokorado 81657 Avon, CO.8162U ~ ~ ~ .~~ (97U} 926-4993 (Phone) f97U)92b-2993 (Fax) i~~ ~~ ~n ~~_ ~~~ ~ a i •i 1!`_~~t ~~I iir 5 V ~~ 1 e r~rae t~~ n ~ ~ ~R: -~ - - y ~~, ~`~I~ °ir~°~ ~ ~.. ~ ~ ~~ ~ rr ~ 1 ~ n s ~r v ~_ ~~ i ~~ _ ~~ ~4-'-If" Boone I{eeidcnce Remodel Beth Lewiue, Architect, inc. Sheet iVa. ' 3094 Boath Falls Road, #1 P.Q. Box 1.825 Page Vail, ~oiorado 81(157 Avou, CO. 816710 (97D) 926-4993 (]'hone) (970) 926-2993 (Fax) I, "f L..1''. Gam.. ,I~• 4 .~ , EI~''~H w I ~l 1Q~~ ~ - 1~ -~~ ~~ ~ i - i r- _~ ~ l ~- -- - rtt~ ~~ ~~ ~~~~~~ f a ]..~~lr~l~ 2~T'• ~ I r ~~~I'_~ll - - Banns Residence ECemadel Beth Levine, Architect,. loa Sheet i~ia. 3044 Booth Fnlis Road, ~1 P.Q, Bax 1825 Page VniE, Colorado 81b57 Avon, C4, 81b20 (470} 426-4443 (Yhaae) (970y 426-2443 (Faay {, ~~~rr ~ z~ /T~. 1f~~~ • • Boaae Itesidancs Remodel Beth Levine, Architect, Inc. Sheet 7Yo. 309i.Booth Falls Road, Nl P.O. Box I823 Page VaA, Colorado 81637 Avun, CO.81b20 (970} 926-4993 (Phone} !9701926-2993 f~a:l y,s ~~ ~~az~~s GT . ~'~ ~~~ 05 • r Boone Reaidencc Rewodel Qeth Levine, Architect' Inc. 56eet No. •'~~ • ~ Z~C~ 3094 Sooth Folic Ruwd, Ml P.p. Sax 1825 Page ~,~• Vail, Colorado 81657 Avon, CO.81620~i' 1`~ {970j~ 92b-4993 (Phone) LG+ ~ y Q S {970)926-2993(Faz) r • • S 1 4 ~1 _~--~~ 8 ..~ i 1 i~ ~ ~~ ~~( ~~'r' 1 '~`~ irk a..~' Boone Reeideuce Remodel Beth Levine, Architect, lne. Sheet No. ~ '~ ~ ,3894 Buot6 Frlle Rord, !11 Y.0.13c~z 1$25 pa6e Vail, Colorado 81657 Avon, Ct). 81fi24 {974) 926-4993 (phone) ~•~ ~ D~j (974) 926-2993 (Fex) `~~ • __.;.~ • ~~ ~~~U~ ~~{+~ `,/J` a4 ~ ~~ Boone ltsakioaco Remodel Beth Levino, Architect, loc. Sheot No. -3044 Booth Falls Road, Ni P.O. Box 1$25 PaQc Vail, Colorado 81657 Avon, CO. 81620 [970) 926-4493 (Phone) (970) 41(x2993 (Fax) 3. A;t ~~p,, r~,C~~ 4._3~-' ~ fly " ~+ ~I i~ i ~ -,- - 1~` Zia i ~~' _ .._._ .~.~..r,' '~ ,t ~`~ ' r `'~ ' -~- ~~_~' ~~ '"r~11 ~' JC~~~ ~ [~~ ~~~ ~ ` ~ G-7G ~~~ "P~:YaH-I+~ ---•- ~.~ ~~~ ~ - I~. VU 6h-iR~u1 ect, Iue. Sheet No. ~ '~ ~ G'7~`` page ~( ~'1 !> ~D~~' one) ~ , ~.~ > ~ I 1 ~~~ ~ +~ ~~ r r 9 l ~ ~ ~ ~- ~ ~ t.- - ~ ~ ~ ~ _- ~: _s~ )~~ a -~-~ Uc~J Fat ~jFGk ~ s~fi: ~~° ~~ i ~I {~ ~ ~.; ~ ~~ .(r ~ ~; 1 ~~ ~~~ ~~ ~-~ . ~._ -~. ~ ~ .~ ~ ~~~ ~~ Boone 1Zesideace Remodel Befh Levine, Architect, Inc. Shett No. ~J' 3094 Booth Falla Itosd,lll Y.I3, Box 1825 P"se ~~ ~' ffJ •~ VaiC, Colorrdo 81G57 Avoa, CO.81624 ~j, 2, p~ . (970} 926-1943~(Phoae) ~~ ff (970} 926-2993 (Fax) 1 •I • •i ~~~_~ r~ ~~ _, ~' s~ `~ . ~~ 4 I ~P!~x-L . ~ f7~..-~..c~u.~ . =ti ~ 1 _. ~~'~'"`~ I~ ~1 I~ I ~ ~ -- ~ -- -~ ._ ~ ~ - _..1 ~~ ,~ ~~i ~U ~cx~r~{ '~ ~!~ t~ ~Y~~ Boone Residence Remodel Beth Devine, Architect, lnc. Sheet No. ~^~' `~~~ G~ 3Q94 BootL Fella Rurd, Ill P.O. Box=1825 Pe¢e ~ ~ ~a ~ ~ r1 ~45 Vall, Colorado 8ib57 Avan, CO.:$16a4 ~, ~.p~ (974) 92Cr4993 (Phone) ~}?' (~ ~ ~ (97d) 92b-2993 (Pvc) • ~~ #' ~~~~] ~~ ~a EDP C7 %y Hoare Residence Remodel 3094 Huuth PRW Ros~d. kl 'Vail, Cobrado 8ii57 BetltI.ev~inerAechitect, lnc. P.O. Hax 1'$25 Avao, CO. $~lbT4 (470) 926-4943 (Phone) (970)92b-2993 (Fax) sheet 1Va. Page ~~12 ~~ ~" ~ ~~ ~, G7~,.~ lv ~ 1~~~ ~~~ s a r ~ _ l ~ ~ f ~~ ~ ~~ ~~ ~ $oane Reaideace Hemadsl Beth Levine, Architect, Ina Sheet No. ~' I Z SUA4 SooN- Fr1L Rord! ~Il P.O. Sos 1825 p+~ge ~j , ~ ~~~ Vaid. Caiorrdo 8165'7 Avon, 6~:: &1624 ~ ~' '~ ~ (y7U~926-49H3~f1'hoae) ' ~p' ~ ~ ~ [97op 926-2993 (FYx) , i. _:;~~i _~ ~. 1 .~ o ~~ ~I .' __ ~' 1- . ~~ $uone Re91dence lZemudcl Beth Le.~ine, Architect,lnc. 3Q9A Booth ~sdl~ itord, Ml P:F3..B,~x181~ Z''ail,CuloradoBlb59 Avoo,.Cf1:&1620 (974) 92b.~t993 (Phone) (9711) 92b-2993 (Fax) .,~ *~. Sheet lYa. ~ ~~ ~/ Page ~ ~ }~ pS ~~~'~~ Gp~}J~v~ • • ~ ~I • i ~~i~lv ~ i ta(oH~ ,~ '"'~ {1r ~ f fir! .r Hoone Residence Remodel Beth Levine, Are3fitect, Inc. Sheet T@o, 39Q4 Booth Frlis Kurd, Nl P.Q.. IIux 1825 Fage Vai{, Co{orrdu 8I65T Avnn, +u Q. 81 d2U (970) 42b-4993 (Phone) (97©) 92G-25193 (Fax} ~, ,:~ ~~~.t~S a'", BOC)TH FALLS TO~~H~MES UNIT 1 DECK a. ~ ~ ~-~_ D.13' ENCROACHMENT EXISTING I UNIT ~ DECK ~' TO i3E I ~ ENCLOSED q + EX1S'~iNG BUILDING UNIT 2 I 3.29` ENCROACHMENT V ~ ~- ~_ 20' SETBACK {~ ~ ~~ ~/ --_ ~~ RIGHT CF WA}~ -~- . BOOTH FALLS COURT y~~,iAtRC ~~ BOOTH FALLS TOVdlti'HOUSE BENCHMARK ENGINEERING SERVICES } -~t~~ UNIT 1 DECK P.O. BOX 4619 `~'~ ~" COUNTY OF EAGLE 77~ CNAM6ERS AVENUE, 8201 ~~ `° EAGLE, COLORADO 81631 ~, ~~ sr a'~t~ STATE OF COLORADO (97Q) 328-2131 FAX (970) 328-2113 r *~. ~ r 1 Attachment: E • n U ~,~~+a~ $oone Residence Remodel 3094 $ooth Falls Road,.#1 Vail, Colorado 81657 Beth Levine, Architect, Inc. P.4. Soy 1825 Avon, CQ. 81520 (970} 926-4993 (Phone) (970} 925-2993 (Fax} ..,~ Sheet No. Page j 7 Y ~~ ~~ ~~ Saone Residence Remodel 3094 Booth Falls Road, #1 Vail, Colorado 81657 Beth Levine, Architect, Inc. P.O. Box 1825 Avow, C(?. 81620 (970) 926-4993 (Phone} (970) 926-2993 (Fax} ,~ Sheet No. Page Boone Residence Remodel 3094 Booth Falls Road, #1 Vail, Colorado 81657 Beth Levine, Architect, Inc. P.O. Box 1825 Avon, CO.81620 ~970j 926-4993 ~Phonej (970~j 926-2993 {~'axj Sheet No. Page attachment: F ~. ,~ AWN OF 1~AT~ THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE. NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, an September 12, 2005, at 2:00 pm in the Tawn of Vail Municipal Building, in consideration of: A request for a final review of a variance from Section 12-6F-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition within the setback, located at 3094 Booth Falls Raad, Unit 11Lot 2, Block 2, Booth Falls Townhomes, and setting forth details in regard thereto. Applicant: Michael and Katie Boone Planner: Bill Gibson A request for final review of a final plat, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Cade, to allow for the subdivision of the Conference Center development site; fiinal review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow far a public convention facility and public parking facilities and structures; and final review of architectural deviations, pursuant to Section 8,3.3,A, Review Criteria for Devlattons to the Architectural Design Guidelines for New Development, Lionshead Redevelopment Master Plan, to allow for a public convention facility and public parking facilities and structures, located at 395 East Lionshead Circle! Lot 1, Black 2, Vail Lionshead Filing 1, Lot 3 and 5, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Pylman & Associates, Inc. Planner: Bill Gibson A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area, and setting forth details in regard thereto. Applicant: Town of Vai6 Planner: Bill Gibson A request for a recommendation to the Vail Town Council of a text amendment, pursuant to Section 12-3-7, Vail Tawn Code; to Section 12-2-2, Definitions, to define the term "Time-Share Units" and to amend Section 12-fiH-3, Conditional Uses, High Density Multiple-Family (HQM1=) District; Section 12-7A-3, Conditional Uses, Public Accommodation {PA) District; Section 12-7H-4, Permitted and Conditions[ Uses, Second Floor and Above, Lionshead Mixed Use 1 (LMU-1) District; and Sec#ion 12-71-2, Permitted and Conditional Uses, Basement or Garden Level, and Section 12-71-3, Permitted and Conditional Uses, First Floor or Street Level, Lionshead Mixed Use 2 (LMU-2) District, to replace the terms "fractional fee clubs", °'fractional fee club units", "timeshare estate units", "fractional fee units", and "timeshare license units" with the term "time-share units", and setting forth details in regard thereto. Applicant: Town of Vail Planner: George Ruttier w1~`~' ~a~ LJ The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community ©evelopment Department, 75 South Frontage Road. The public is invited to attend project. orientation and the site visits that precede the public hearing in the Town of Vail Community Qevelopment 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 far the Mearing Impaired, for information. Published August 26, 2005, in the Vail Daily. • .:~. ~, MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 12, 2(705 SUBJECT: A request far a final review of a major exterior alteration, pursuant to Sections 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H- 2, Permitted and Conditional Uses; Basement or Carden Level, and 12- 7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 106 multi-family residential dwelling units, located at 728 West Lionshead Circle/Lot 2, West` Day Subdivision, and setting forth details in regard thereto (PEC 05-0(162 and PEC 05-0063). Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc. Planner: Warren Campbell 1. SUMMARY The purpose of today's work session hearing with the Planning and Environmental Commission is to allow the applicant an opportunity to present the major exterior alteration application far the proposed Ritz-Carlton Residences and to respond to questions from the previous meeting. The desired outcome of the hearing is for the Planning and Environmental Commission to understand the following: • The proposed structure in terms of bulk, mass, height, and operation. • The criteria by which the applicant is requesting flexibility regarding the area of flat roof on the structure, the screening element. over the mechanicals located on the main ridge, and the proposed landmark tOWef. A~. ;~ The Commission is not being asked to take any formal action on this application at this time. As such, staff is not providing a formal recommendation at this time, Staff and the applicant request that the Planning and Environmental Commission tables the applicant's request to the September 26, 2005, hearing. II. DESCRIPTNON OF THE REQUEST The purpose of today's work session hearing with the Planning and Environmental Commission is tv allow the applicant an opportunity to present the major exterior alteration application far the proposed Ritz-Carlton Residences and to respond to questions from the previous meeting. After the presentation the Planning and Environmental Commission will be asked to provide initial feedback regarding the proposal, The proposed Ritz-Carlton Residences project is on the third and final parcel of the comprehensive development site encompassing the existing Marriott Hotel, the Gare Creek Residences, and the West Day Lot parking area. The West Day Lot parking area and the existing Marriatt parking structure sites total 2.399 acres in size and is proposed to be the location of the Ritz-Carlton Residences project. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). A description of the project provided by the applicant is attached for reference (Attachment B). A reduced set of plans dated September 7, 2005, are attached for reference (Attachment C). The Ritz-Carlton Residences proposal is comprised of two (2) different development review applications. Each application is intended to facilitate the redevelopment proposal. The development applications include: • A major exterior alteration application for a new 104 muttiple- familydwelling unit structure; and • A conditional use permit for "lodge rooms or dwelling units" located on the basement or garden level and the first floor or street level of the structure. The key elements of the proposal include; • A 104 multiple-family dwelling unit condominium structure; • A total of 214,134 square feet of Gross Residential Floor Area (GRFA); • A 388 space below grade parking structure below grade to serve as parking for the Marriott Hotel and the Ritz-Carlton Residences; • A landmark feature which is 140 feet in height; • A loading and delivery facility comprised of three bays; • A Iobbyllounge area with a front desk, concierge, and valet; and • A media raom, game room, and poollhot tub deck. III. BACKGROUND The subject development site includes several parcels of land currently used for the Marriott Hotel, the parking structure for the Marriott Hotel, the Gore Creek Residences, and. the West Day Lot. _ Marriott Hotel History (Parcel 1 of the West Day gubsiivisort~ The Marriott (previously "The Mark"} was approved by the Town in 1977 as a hotel and condominium project and was zoned Special Development District No. 7 by Ordinance 3, Series of 1977. The project was expanded and modified throughout the 1980's and 1990's. In 1999 the Marriott property, along with the rest of Lionshead, was rezoned to Lionshead Mixed Use 1 and SDD No. 7 was repealed. The Marriott as developed today includes 35 dwelling units, 276 hotel rooms, meeting rooms, a restaurant, and other hotel amenities. • 2 West Day Lot History (Parcel 2 of the West Day Subdivision) The western portion of the site (the Morcus Subdivision), known as the "West Day Lot", was regraded and used for Vail Resorts employee parking. Prior to the rezoning of this parcel to Lionshead Mixed Use 1 in 1909, the property was zoned Parking District. On August 22, 2005, the Planning and Environmental Commission held an initial hearing on the Ritz-Carlton Residences. At that hearing Staff proved the Commission with parameters by which the project would be reviewed. At this hearing the Commission requested to see how the parcels recently acquired by Vail Associates and the potential of relocating the Frontage Road would affect this property. In addition the Commission asked for a response as to why a conditional use permit was appropriate to be granted for condominiums on the ground floor next to a potential fu#ure lift and within an overall greater portal to the mountain being created in western Lionshead. Gore Greek Residences History (Parcel 3 of the West Day Subdivision): On November 24, 2003, the Planning and environmental Commission approved text amendments to Section 12-7H-5, Conditional Uses; Generally (on all levels of a building or outside a building), Vail Town Code, to allow single-family residential dwellings and twv-family residential dwellings as conditional uses in the Lionshead Mixed Use 1 District and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to provide criteria to which asingle-family and two-family residential dwelling prapvsal within the Lionshead Mixed Use 1 District must adhere. The text amendments were subsequently approved by Town Council upon second reading in Ordinance 3fi, Series of 2003, on December 16, 2003. On June 28, 2004, the Planning and Environmental Carnmissian approved, with conditions, a conditional use permit and a major exterior alteration application on this site far eight twa~family structures for a total of 16 dwelling units. On December 13, 2004, the Planning and Environri`r~rttal Commission approved a~• minor subdivision establishing the West Day Subdivision (Attachment D) which is comprised of three parcels. The approval and recording of the West Day Subdivision was the culmination of the review of the Gore Creek residences during which it was agreed that the three lots comprising the West Day Subdivision would be tied ,together for zoning purposes, A note was placed upon the West Day Subdivision which states the fullowing~ "For the purposes of zoning, Lots 1, 2, and 3, created by this subdivision are to be treated as one develapmenf sife. Development standards shall be based upon the improvemenfs and Land area of the combined area of Lots ?', 2, and 3." 3 As a part of the approval of the West Day Subdivision, a spreadsheet identifying the development potential for each of the three parcels was approved in conjunction with the minor subdivision. That spreadsheet, entitled, "West Day LotllMarriatt HatellGare Creek Place Approved Development PIanlDevelopment Allocations", and dated December f, 2©44, is attached for reference (Attachment E}. IV. ROLES (~F THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town Council, and Staff on the various applications submitted on behalf of Vail Resorts Development Company. A. Exterior AlterationlMadification in the Lionshead Mixed-Use I zone district Order of Review; Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible far foal approvalldeniai of a MajorlMinor Exterior Alteration. The Planning and Environmental Commission shalt review the proposal for compliance with the adopted criteria, The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." ©esign Review Board: Action: The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying ^esign Review Board application. Sfaff.~ The staff is responsible for ensuring that all submitta~.,requirements are provided and plans conform to the technical requiremerits 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 an approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town CounciE evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals 4 or denials and can uphold, uphold with modifications, or overturn the board's decision. B. Conditional Use Permit fCUPI Order of Review: Generally, appiicatians will be reviewed first by the Planning and Environmental Commission for acceptability of use and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environm+en#ai Commission: Action: The Planning and Environmental Commission is responsible far final approvalfdenial of GUP. The Planning and Environmental Commission shall review the request for compliance with the adopted conditional use permit criteria and make findings of fact with regard tQ the project's compliance. Design Review Board: Action: The Design Review Board has no review authority on a CUP, but must review any accompanying Design Review Board application. Staff.- The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Cauncil. Town Council evaluates whether ar not the Planning and Environmental Commission ar Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Ake V. APPLICABLE PLANNING DOCUMENTS The following checklist was created to provide a means of evaluating the Ritz- Garl#on Residences proposal for compiiance with the Lionshead Redevelopment Master Plan. The checklist is intended for the Planning and Environmental Commission to use in conjunction with their copies of the Lionshead Redevelopment Master Plan to loca#ed relevant portions of the Master Plan which pertain to this proposal • S Lionshead Redeveloc~menf Master Plan Chapter 2: introduction 2.1 Purpose of the Master Plan a 2.2 Definition of a Master Plan ^ 2.3 Policy Objectives ^ 2.3.1 Renewal. and Redevelopment ^ 2.3.2 Vitality and Amenities ^ 2.3.3 Stranger Economic Base Through Increased Live Beds ^ 2.3.4 improved Access and Circulation ^ 2.3.5 Improved Infrastructure 4 2.3.6 Creative Financing far Enhanced Private Profits and Public Revenues Chapter 4: Master Plan Recommendations -Overall study Area ^ 4.1 Underlying Physical Framework of Lionshead ^ 4.1.1 Lionshead Master Plan Concept ^ 4.1.5 West Lionshead - Resider~tialfhllixed-Use Hub • ^ 4.3 Connections to the Natural Environment v 4.3.1 Visual Connections a 4.3.1.2 North-South Orientation of Buildings ^ 4.6 Vehicular and Pedestrian Circulation ^ 4.8.4 Modifcatians to West Lionshead Circle and Lionshead Place 4.6,4.1 East Intersection of W, Lionshead Circle and South Frontage Road ^ 4.6.4.2 Intersection of Lionshead Place and West Lionshead Circle ^ 4.6.4.3 Pedestrian Sidewalks and Crossings ^ 4.6.4.4 Visual Improvements ~^ ^ 4.7 Loading and Delivery ^ 4.7`.1 Properties with Direct Service Access ^ 4.8 Parking ^ 4.8.1 Potential Displacement of Existing Parking ^ 4.8,1.2 West Day Lot ^ 4.8.2 Residential Properties ^ 4.9 Housing ^ 4.9.1 No Net Loss of Employee Housing ^ 4.9.3 Policy Based Housing Opportunities . a 4.10 Gateway, Landmarks, and Portals 6 ^ 4.14.2 Landmarks ^ 4.11 Public Art Chapter 5, Detailed Plan Recgmmendativns ^ 5.13 The Marriott ^ 5.13.1 Redevelopment or Development of the Parking Structure ^ 5.17 West Day Lot/ Vail Associates Service Yard/ Holy Cross Site Chapter 6, Site Design Guidelines 6.4 Secondary Pedestrian Walk ^ 6.fi Pedestrian Path Chapter $, Architectural Design Guidelines ^ 8.1 Vision Statement ^ $,2 Organization, Purpose and Scope ^ 8.4.2 Architecture ^ 8.4.2.11ntroduction ^ 8.4.2.2 Building Form and Massing ^ 8.4.2,3 Building Height ^ 8.4.2.4 Exterior Walls ^ 8.4.2.7 Roafs Resolution 18. SPriPS of 7f~(t4~, A Resolution Amending Certain Sections Of The Lionshead RPrlpvr~lnnrnpnt Master Plan C;larifving And Affording ALL Tvoes Of Develoament Proiects. "New And Redevela.amenf". Flexibility In The Aoolication Qf The Architectural D+~sign ruirlr:line:~. As Prescribed In Chaster 8 Of The Lionshead Redevelooment Master Plan.. And Setting Forth Details In Regard Theretg. 8.3.3.A Review Criteria for Deviations to the Architectural De'sr~n Guidelines for New Levelopment Similar to the implementation policr'es of the ADG prescribed for existing structures, the Town has determined that there may be instances where flexibility in ~ requiring strict compliance with the Guidelines for new development maybe in the best interest of the community and the furtherance of the goals and obtecfives slated in the Lionshead Redevelopment Master Plan. That said, however, it is acknowledged that such instances are rare and exfraordinary, and shall be considered on a case-by-case basis. To aid in determining when flexibility shaft be afforded to new development from strict compliance with the Guidelines, review criteria have been established. The degree of design deviation flexibilify afforded to a development protect shall bear proporti©nately to the extent of the improvements proposed. For example, a development 7 application that proposes the construction of a new structure which - includes the demolition of an existing structure or adds significant volume or mass to a property, shall more fully comply with fhe prescribed Architectural Design Guidelines outlined in the master plan than an application which proposes a renovation or addition to an existing building The following criteria shall be used by the Town of Vail Planning & Environmental Commission and Design Review Board #o determine if deviations fo the Guidelines should be granted: It shall be the burden of the applicant to demonstrate to the satisfaction of the Town of Vail Planning & Environmental Commission followr"ng a recommendafion from the Design Review Board that: ~ The request for design deviations are in compliance with the purposes of the zone district; and • The proposal which includes the design deviations is consistent with applicable elements of the Lionshead Redevelopment Master Plan; and The proposal which includes the design deviations does not have a significant negative effect on the character of the neighborhood; and • The proposal substantially complies with other applicable elements of the Vail comprehensive plan,• and • The design deviation meets or exceeds the intent of the speck design standards as prescribed in Section 8.4; and, • A public benefit is achieved as a result of the design deviation; and, • The design deviation furthers fhe goals, objectives and purposes as stated in Sections 2.3, 2.5 and 8.2 of the Lionshead i'~edevelopment Master Plan. 2onina Regulations !~i©nshead Mixed Use --1 Zone C3istrict (in park) 92-7F1-~: PURP©SE: { ~~a The Lionshead Mixed lJse-1 zone district is intended to provide sites. for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use ?zone district, r'n accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate fight, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain fhe desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. i 8 This Zone ,District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives Is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan sfudy area. The primary goal of the Incentives is to create economic conditions favorable to inducing private redevelopmenf consistent with the Lionshead Redevelopment Master Plan. Additionally, the Incentives are created to help finance public off-site improvements adjacent to redevelopment protects. With any developmentlredevelopmenf proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway Impravemenfs, and similar improvements. ~2-7H-2. PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definifion: The "basement" or "garden level" shall be defined as that floor of a building that is enfirely or substanfially below grade. S, Permitted Uses: The following uses steal! be permitfed in basement or garden levels within a structure: Banks and financial institutions. Commercial ski storage. Eating and drinking establishments. Persona! services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail esfablishments. Skier tickefing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar fo permitted uses described in this subsection, In accordance wifh fhe provisions of Section 12-3-4 of this Title, C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subtect fo issuance of~a conditional use permit 1n accordance with the provisions of Chapfer 16 of this Title: Conference facilities and meefing rooms. Lr"quor stores. Lodges and accommodation unify. Major arcade. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type M (ENU) as provided in Chapter 93 of this Title). Radio, TV stores, and repair shops. Theaters. Additional uses defermined to be similar to conditional users described in this subsection, in accordance with the provisions of Section 72-~-4 of this Title. 9 ?2-7H-3: PERM11 i tD AND CUNf71T/UNAL USES; F1RST FLUDR OR STREET LEVEL.• A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. 8. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier Picketing, ski school, skier services, and daycare. . Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, In aGCOrdance With the provlslan5 of SeCfion 92-3- 4 of this Tif1e. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 96 of this Title: Barbershops, beauty shops and beaufy parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and acc©mmodation units. Mulfiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type !!l {EHU} as provided in Chapfer 93 of Phis Title}. Radio, TV sfores, and repair shops. Additional uses determined fo be similar fo conditional uses described in this subsection, in accordance with the provisions of Section 72-3-d of this Title. 92-7H-4: PERMITTED AIVD CON©1TIUNAL USES; SECOND FLOUR AIVD A80VE: ~ ¢`~~ A. Permitted Uses; Exception: The f©llowing uses shall be permitted on' those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type lIl {EHU) as provided in Chapter 93 of this Title}. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 92-3- 4 of this Title. 10 • 72-7H-6: ACCESSORY USFS: The following accessory uses shall be permitted in the Lionshead Mixed Use 1 zone district: Home occupations, subject to issuance of a home occupation permit in accordance wifh the provisions of Section 12-74-12 of this Title. Loading and delivery and parking facilities customarily incidental and accessory tv permitted and conditional uses. Minor arcade. Offrces, Lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining areas operated in conjunction with permitted eating and drinking establishments. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental fo permitted residential or lodge uses. _ Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation fhereof. • 92-1H-8: COMPLIANCE BURCIEN: It steal! be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmenfal Commission and the Design 1'~eview Board that the proposed exterior alteration or new developmenf is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Pfan and that the proposal dues not otherwise have a signifcanf negative effect an the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. ~2-7H-78: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/develvpers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shah bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development protects and conditional use permits, Mitigation of impacts may include, but is not limited to, the-~fvllvwing: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and ,similar improvements. The infent of this section is to only require mitigation fo>= large scale redevelopmenf/devebpment protects which produce substantial off site impacts, • VI. ZONING ANALYSIS AddresslLegal Description: Marcel Size: Zoning: Land Use Designation: 720 and 728, West Lionshead Circle, and 825 West Forest Road/Cats 1, 2, 3, West Day Subdivision 6.82 acre (297,165 sq. ft.) Lionshead Mixed Use 7 Resort Accommodations and Services 11 The West Day Lot Development is comprised of three parcels which include the existing Marriott Hotel and the 16 Gore Greek Place Residences, and the proposed Ritz-Carlton Residences. As was stated previously in the memorandum these three parcels are tied together and treated as one large development site by the recorded plat. Below is a zoning analysis which incorporates all three parcels and the developments which exist, are under construction, and are proposed on the three lots. This analysis will become a part of tfie Approved Development Plan for the three parcels included within the West Day Lot Development Site. Development Standard Allowed Existinq Proposed Land Uses: Lot 1 - Marriot Notel Lot 2 -West Day Lot and Marriott Hotel Parking Structure Lot 3 -Gore Creek Residences Lot Area: 10,000 sq. ft. 297,165 sq. ft. 297,165 sq. ft. Setbacks All Sides: Building Height: Density: GRFA: Site Coverage: Landscape Area: 10 ft. 71 ft. avg. 82.5 ft. max 238 DUs (351ac.) 51 DU (7.5lac.) Unlimited AUs 276 AU 742,912 sq. ft. 208,015 sq. ft. (70 °fa ) 213,239 sq. ft. 148,076 sq. ft. X49.8%) • 67.9 ft. avg. 82.5 ft. max 155 DU (22.7/ac.} 276 AU 427,373 sq. ft. 203,234 sq. ft. (68.4%) 59,433 sq. ft. (20%} 139,713 sq. ft. (41%} 119,T72sq. #t. (40.3%} 10 ft. 70 ft. avg . 80.5 ft. max 10 ft. Parking: 156 (1.4lDU} 412 spaces 49$ spaces 276 (0,7lAU) The following analysis is performed solely on the site proposed to be the location of the Ritz-Carlton Residences. ~.w~ AddresslLegal Description: 723 West Lionshead CirclelLot 2 West Day Subdivision ` Parcel Size: 2.399 acre (104,500 sq. ft.) Zoning: Lionshead Mixed Use 1 Land Use Designation: Resort Accommodations and Services Develooment Standard Allowed Existinq Proposed Land Uses: Lot 2 -West Day Lot and Marriott Hotel Parking Structure Lot Area: 10,000 sq. ft. 104,500 sq. ft. 104,500 sq. ft. Setbacks All Sides: 10 ft. IVA 1 p ft. 12 Building Height: 71 ft. avg, NA 65.9 ft. avg. 82.5 ft. max 82.5 ft. max Density: 83 DUs {351ac.} NA 104 DU (43.41ac.) Unlimited AUs GRFA: 261,250 sq. ft. NA 214,134 sq. ft. Site Coverage: 73,150 sq. ft. NA T7,760 sq. ft. (70%) {74.4%} Landscape Area: 20,900 sq. ft. X20%) NA 25,060sq, ft. X23.9°/fl) Parking: .145.6 (1.411]U} NA 388 spaces# * Of the parking proposed to be provided 146 spaces will serve the Ritz-Carlton Residences, 237 will serve as replacement spaces fort he Marriott Hotel tv replace the structure, and 5 are surplus. VII. SURR~ North: Sfluth: East: west: FUNDING LAND l)S Land Use Residential Open Space Residential Public Utility FS AND ZONING Zoning Lianshead Mixed Use 1 District Natural Area Preservation District Lianshead Mixed Use 1 District General Use District VIII. MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12-7H-8, Compliance Burden, Vail Tawn fade, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU-1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for. compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; ~"~ 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; ' 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, 4, That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Should the Planning and Environmental Commission choose to approve the major exterior alteration application, staff recommends that the Commission makes the following finding as part of the motion: 13 "Pursuant to Section 72-7H-8, Compliance ,Burden,. Vai! Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that fhe proposed major exterior alteration is in compliance with the purposes of the Lionshead ,Mixed Use 7 zone disfrict, that the propose! is consisfent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a signifr`cant negative effect on the character of the neighborhood, and that fhe proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. " IX. CONDlTIQNAL USE PERMIT REVIEW CRITERIA As previously discussed in Section II of this memorandum, the applicant is requesting approval of a conditional use permit, pursuant to Section 92-7H-2, Permitted and Conditional Uses, Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, to construct dwelling units within the Garden Level and on the First Floor of the proposed structure, subject to the Issuance of a conditional use permit in accordance with the provisions outlined in Chapter 16, Conditional Use Permits, Vail Town Code. Section 12-16-6, Criteria; Findings, Vail Town Code, outlines the review criteria for conditional uses permit requests proposed within the Lionshead Mixed Use 1 (LMU-1) zone district. according to Section 12-16-6, Vail Town Code, the !Planning and Environmental Commission shall consider the following factors with respect to the proposed use: Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the stree#s and parking areas. 4, Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed 'u`se in relation to surrounding uses. Should the Planning and Environmental Commission choose to approve the application, staff recommends that the Commission make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the Zoning Regulations and the purposes of the Lionshead Mixed Use 1 zone district. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public 14 health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions of the Zoning Regulations, X. RESCItUTION 18. SERIES OF 2Q©4. REVIEW CRITERIA The applicant is requesting three architectural design deviations which are permitted flexibility under the Lionshead Redevelopment Master Plan and are subject to review by the Planning and Environmental Commission under a set of criteria. If certain findings can be made by the Planning and Environmental Commission, upon receipt of a recommendation by the design Review Board, flexibility can be granted. The three architectural design features the applicant is requesting flexibility from are: 1, The Master Plan Pimitativn vn a maximum of 504 sq. ft, of flat roofed areas; 2. The Master Plan requirements for screening of mechanical equipment by proposing a screening feature which exceeds the $2.5 foot height limitation; and 3. The Master Plan requirements far an architectural landmark which is ~ 40 feet tall. Staff will not address the specific criteria at this time regarding the three architectural design elements the applicant is requesting to deviate from in the Lionshead Redevelopment Master Plan. Staff's initial analysis regarding the three architectural design deviations are as follows; Flat Roofed Area of the Structure: The Lionshead Redevelopment Master Plan identifies a maximum area of 500 square feet for flat roofed portions of a structure. Staff believes that the intent of this provision is to limit buildings to minimal flat roofed areas so as to encourage true sloping roof forms. Staff believes that the lirrmitation of 504 square feet for a struc#ure~located an a site encompassing 2,399 acres may be unreasonab1e~~,~~` The proposed structure lids a total roof area of approximately 60,438 square feet and the proposed flat roofed portion of the structure is proposed'~to be approximately 9,100 square feet or 15 percent. The applicant has proposed a roof design in which they believe the flat portion is secondary to the sloped roofed areas. Through the use of sloped mansard roof forms the applicant has attempted to reduce the visibility of the flat roofed portions of the structure from many perspectives, From a pedestrian perspective the flat roofed areas will not be visible nor from the surround properties as the height of the building is above a majority of the windows in the neighboring structures. The flat roofed areas will be visible from the ski mountain. 15 2. Mechanical Screening Solution: The applicant has proposed a solution to screen several large coaling towers and condensers on the main ridge of the structure kocated above the port-cochere. The applicant has proposed to place a screening solution over the mechanicals which would continue the roof line of the main ridge up to a height which ranges from 91 feet on the north elevation of the building to 96.5 feet an the south elevation of the building. The proposed solution exceeds the master Plan identified maximum height of 82.5 fee# in height. The Master Plans identifies that mechanicals should be placed on roof tops and painted so as to blend into the roof color materials. The proposed structure has placed the several large mechanical pieces in a well an the roof, which has a finished floor elevation less than 82.6 feet, and placed the screening element on top. The screening element 'ts proposed to be an element which would be an architectural element which is custom created from metal and would be primarily open. This can be visualized best by looking at the cross section on sheet A301 in the set of reduced plans. 3. Landmark Tower Element: The applicant has proposed to locate a landmark tower element on the northwest comer of the proposed structure. The Master Plan ident~es the importance of landmark elements on projects within Section 8.4.1,2, Landmarks. The specific language in the Master Plan is as follows: A Landmark provides a sense of orientation for the community, and reinforces its usense of place" or image. As such, it must be visible Pram key locations within the community, such as portals and major public spaces, and must offer an image consistent with lionshead. As a unique architectural element, a landmark should be designed to clearly stand out from the rest of the community, while still presenting a consistent design language. Care should be takers to provide a clear hierarchy between the village landmark and other, secondary landmarks. landmarks are most successful when they serve special functions such as be11 towers, clock towers, monumenfs, or public art, rather than ~ber'ng self serving. Furthermore, they shoufd be carefully scaled to the buildings adjacent to fhem, as well as to the overall scale of the urban village. ~' Title 14 of the Tawn of Vail Zoning Cade states that: Towers, spires, cupoloas, chimneys, flagpoles, and similar architectural features not useable as habitable floor area may extend above the height limit a distance of not more than twenty-five percent X25%} of the height Limit nor more than fifteen feet (15 J. 16 The proposed tower has a height of 140 feet, measures approximately 25 feet by 25 feet, and is located in close proximity to the intersection of the South Frontage Road and West Lionshead Circle. The proposed architectural landmark tower does not contain any GRFA above the maximum height of 82.5 feet in height. Currently the feature is anticipated to be illuminated from the exterior with up lighting. At a height of 140 feet the proposed tower is 57.5 feet (69°/a) taller than the maximum height identified in the Master Plan. The Planning nad 1=nvironmental Commission does have the authority within the Master Plan in conjunction with. the criteria found in Resolution 18, series of 2004, to allow for an architectural feature as proposed the findings found below are made. It shall be the burden of the applicant to demonstrate to the satisfaction of the Town of Vail Planning & Environmental Commission following a recommendation from the Design Review Board that: 1. The request far design deviations are in compliance with the purposes of the zone district; and 2. The proposal which includes the design deviations is consistent with applicable elements of the Lionshead Redevelopment Master Plan; and 3. The proposal which includes the design deviations does not have a significant negative effect on the character of the neighborhood; and 4. The proposal substantially complies with other applicable elements of the Vail comprehensive plan; and 5. The design deviation meets or exceeds the intent of the specific design standards as prescribed in Section 8.4; and, aF , t~. A public benefit is achieved as a result of the design deviation; and, 7. The design deviation furthers the goals, objectives and purposes as stated in Sections 2.3, 2.5 and 8.2 of the Lionshead Redevelopment Master Plan. Should the Planning and Environmental Commission choose to approve the application, staff recommends that the Commission make the following findings before granting a flexibility under the recommendations of the Lionshead Redevelopment Master Plan 1. That the request for design deviations are in compliance with the purposes of the zone district; and 17 2. That the proposal which includes the design deviations is consistent with applicable elements of the Lionshead Redevelopment Master Plan; and 3. That the proposal which includes the design deviations does not have a significant negative effect on the character of the neighborhood; and 4. That the proposal substantially complies with other applicable elements of the Vail comprehensive pion; and 5. That the design deviation meets or exceeds the intent of the specific design standards as prescribed in Section 8.4; and, f. That a public benefit is achieved as a result of the design deviation; and, 7. That the design deviation furthers the goals, objectives and purposes as stated in Sections 2.3, 2.5 and 8.2 of the Lionshead Redevelopment Master Plan. XI. NEXT STEPS The following is a tentative schedule of hearings dates at which the Planning and Environmental Commission (PEC) and the Design Review Board (DRB) will be asked to review, comment, and take action on the proposed Ritz-Carlton Residences: • PEC September 2fi, 2005: Applicant and Staff response to previous PEC comments. No formal action requested • DRB September 21, 2005:. Introduction to the project by the applicant and Staff. The DRB will be asked to provide initial comments. No fom~al action requested, • DRB October 19, 2005: Applicant and Staff response to previous .,. . DRB comments. No formal action requested. ~~~ • PEC ©ctober 24, 2005: Request for final review and approval of the project by the applicant and Staff if all ,comments and concerns have been addressed. • DRB November i6, 2005: Request for final review and approval of the project by the applicant and Staff if all comments and concerns have been addressed. Xll. STAFF RECOMMENDATION Staff and the applicant would request that the Planning and Environmental Commission table the applicant's request to the September 2fi, 2005, hearing. l8 Xlil. ATTACHMENTS Attachment A :Vicinity Map Attachment B: Description of Proposal Provided by the Applicant Attachment C: Reduced copy of the proposed plans dated September 7, 2045 Attachment D: West Day Subdivision plat Attachment E: West Day LoUMarriott Hatel~Gore Greek Place Approved Development Plan spreadsheet dated pecember 6, 2044 ~~ ~, ,';~, 19 ~E ~~ a a s 0 0 Ritz-Carlton Residences at Vail Project Summary The development of the Ritz-Carlton Residences (RCR) on Parcel 3 of the West Day Lot involves the review of an Exterior Alteration. and a Conditional Use Permit. The following provides a summary of the project and a description of haw the proposal complies with applicable review criteria and with the Lionshead Redevelopment Master Plan. This application represents an addendum to a comprehensive Lionshead Redevelopment application submitted to the Town of Vail on July 7, 2003. That application included glans for the Tennis Court site, the Core Site, the Tlorth Day Lot and the West Day Lot. Since that time the Tennis Court site has been completed and the Core site construction is underway. A, subdivision of the West Day Lot has been completed and construction,af a portion of the project (Gore Creek Place) is also underway. While modifications are proposed to the development program, this amended development application is consistent with the development plans set forth for the West Day Lot in the July 2003 application. The fallowing summarizes major elements of the project. It is acknowledged that same of these factors will be revised as the project design is refined during the town's review process. Descri lion of the Ritz-Carlton Residences P The development of the RCR is a collaborative effort between Vail Resorts and the Ritz- Carlton. The project includes i 06 multi-family dwelling units, the vast majority of which are two and three bedroom units. The building has been designed in response to the neighboring Marriott Hotel and Gore Creek Place. As proposed, the building frames both the West Frontage Road and West Lionshead Circle and is designed around a large poolfplaza area in the center of the project. The RCR will include a wide variety of on-site amenities typically associated with a fine hotel. For example, a large lobby and lounge area will greet visitors upon entering the building. Concierge service will be provided by the Ritz-Carlton to both owners and occupants of the units. A bar, library room, fitness center, billiard room and media_center are also included in plans for the RCR. While the building will be managed by the Ritz-Carlton, short-term rentals will be handled by Vail Resorts. Rentals will be handled from either the Arrabelle front Desk or from the adjacent Marriott Hotel. With all the amenities of a hotel and given the relatively small size of units {predominantly 2-3 bedroojn) it is anticipated that many owners will make their units available for short-term rentals. Ritz Carlton Club Vail ResortslWest L3ay Lot Attachment: B Existing Conditions The RCR is located on Lot 2 of the West Day Lot Subdivision. The West Day Lat Subdivision was done in 2004 for the purpose of consolidating a number of lots and parcels made up the Marriott property and the West Day Lot. This subdivision created three lots -the Marriott Hotel is located on Lot 1, the Dare Creek Place project is located on Lot 3 and Lot 2 is the remaining portion of what has historically been referred to as the West Day Lat. Lot 2 is 2,399 acres in size.. Lot 2 (and~the West Day Lot} has histaricalIy been used for parking. A structured parking lot utilized by the Marriott Hotel is located on the eastern end of the lat. Far the past two ski seasons the Town of Vail has operated apay-day skier parking lot on remaining portions of Lat 2. Prior to day-skier parking the lot was used by Vail Resorts employees. In order to allow for the day-skier parking Vail Resort employee parking was moved to the Maintenance Yard and Holy Cross site. Lionshead Mixed Use I Zoning The following summarizes how the proposal conforms to relevant zoning standards of the LHMU zone district; Uses Proposed uses for the RCR include multi-family dwelling units, eating and drinking . establishments, recreation facilities and other accessary uses. All of these uses are allowable as either a permitted use or with approval of a conditional use permit, Uses that require a conditional use permit include multi-family dwelling units an first {see response to CUP criteria below). Setbacks The proposed building conforms to the required 10' setback along Forest Road, South Frontage Road and West Lionshead Circle. The 10' setback on the south and east sides of the building do not apply as these are interior lots lines (as established by the West Day Lot Plat, far zoning purposes the three lots created by this plat are.ta be treated as one lot). ~~ . 9; Buiidin~ Height Building height calculations are provided in the plan set submitted for this application. The proposed building conforms to the maximum average height of 71' and to the maximum absolute height of 82.5'. These calculations do not include the proposed tower on the north side of the building. The peak of this tower extends to approximately 140', however no habitable space is located above $2.5 feet. The tower is considered a landrnark/architectural feature and as such the strict application of standard building height limits do not apply, In accordance with amendments made to the Lionshead Master Plan in 2004, the PEC has the ability to approve this type of feature provided the . overall proposal furthers the goals of the Master Plan. Ritz Carlton Clul} 2 Vail Resnrts/V4'est Day Lc~t It should be noted that the absolute height of the main roof ridge adjacent to the proposed tower is approximately 91-96.5 feet (depending upon where along the ridge the height is calculated) as measured to finished grade. All enclosed habitable space in this portion of the building is below the maximum height of 82..5 feet. The portion of roof that exceeds 82.5 feet is proposed to screen mechanical equipment (cooling tower, make-up air), that will be located an the roof of the building. Two materials are proposed for the roof - a glazed mosaic concrete tie will be used on all portions of the roof that are below 82.5 feet,. the portion of roof above 82.5 feet will include some limited use of the mosaic tiles but will primarily be made up of open lattice work. Open lattice will allow air to circulate within this mechanical area while at the same time screen the mechanical equipment. While the building will read as though it has a pitched roof, the portion +af roof above 82.5 feet serves as mechanical screening. In the past the town has approved rooftop mechanical screening devices that exceed allowable building heights. A similar request is made with this application.. , Density As established by the West Day Lot plat (apY~u~red this past year}, Lots 1, 2 and 3 are to be treated as one lot for zoning purposes. The total lot area. of 6.82 acres would permit up to 238 dwelling units (35 units per acre). The Marriott currently includes 35 dwelling units (accommodation units do not count towards density} and Gore Creek Place includes 16 units. With the 106 units proposed for the RCR the West Day Lot will have a total of 157 dwelling units. GRFA As established by the West Day Lot plat {approved this past year), Lots 1, 2 and 3 are to be treated as one lot for zoning purposes. The total lot area of 247,165 square feet permits up to 742,912 square feet of GRFA. The Marriott currently includes 149,669 square feet of GRFA and Gore Creek Place includes 63,570 square feet. 210,549 square feet of GRFA is proposed far the RCR, resulting in total GRFA on the West Day Lot of 423,818 square feet. :~, r M,_ Site Coverage As established by the West Day Lot plat (approved this past year), Lots 1, 2 and 3 are to be treated as one lot for zoning purposes. The total lot area of 297,165 square feet would permit up to 208,015 square feet of site coverage. Proposed site coverage for RCR is 77,760. T'he existing site coverage for the Marriott is 64,872 and Gore Creek Place is 60,602 square feet for a total of 203,234 square feet of site coverage, Parkin The parking demand for 106 dwelling units is 149 spaces (1.4 spaces per dwelling unit), All parking is provided in a below grade parking structure. The development of RCR will necessitate the removal of an exiting parking structure that services the Marriott Ritz Carlton Club Vail Resorts/West Day Lot Hotel, In order to replace the Marriott parking an additional 237 spaces twill be provided within the RCR parking structure. Employee Dousing Based art the Town standards of .4 employees per multi-family dwelling unit, the RCR would generate 42 employees. Assuming a multiplier of 15°fo this would result in an employee housing requirement of G3fi employees. This requirement will be factored into the employee housing planned far the North Day Lot. Conditional Use Permit Below ~is an analysis of the Town's conditional use permit review criteria required for the proposed dwelling units an the first Hoar of a building and proposed recreation facilities on the second Hoar of a building. 1. Relationship and impact of the use on development objectives of the Town. Analvsis: A development objective of the Town is to have retail/restaurant uses on the ground floor of buildings within the core areas of town. The West Day Lot is outside of the core area of Lionshead and as such residential development on the ground floor of the RCG would not be inconsistent with this objective. It should be noted that a similar conditional use permit has already been granted far the Gore Creelr Place. 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. Analvsis: ,a Residential uses on ground floor will have no effect on the abov~•~"criteria. f 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. Analvsis: Residential uses an ground floor will have no effect on the above criteria. • Ritz Carlton Club Vail Resorts,'West Day Lot 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. Analysis: Residential uses an ground,floor will have no effect ran the ab©ve criteria. ~~~t • Ritz Carlton Club Vail Resorts/West Day Lot 4 e it E E j~ c ~~ ~~ }~ ~ ~ a~ ~~ ~~ I~R r~ i c~ 7 7~ ~ ~p ., a: ~ e ~~ ~~ ~,~~ 7; 6 i i~, 9~ FE yD ~~ ~~ ~~ Y. 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H.1 .. b.1 I ~.,, ~ 1 1 ~9 14 -I ~~,~ 1 .9-.91 I ~ _ _ _ Ia I i I 4 _ I awn jN~j17N Imm~rw 9'JYa7AY 4'.It 9ON9 HS~IN! 7N~1 ufpN Mnu!~/+r _9-.i9 sovao w.rwea9lw din 1M713N MNrYn 7'JM3AY , 3Qrav a3lr~dtl]:w~ 1 7wn Lrry~3s+ wnwirrn .. • MEMORANDUM 7©: Planning and Environmental Commission FRaM: Community Development Department DATE: Sept 12, 2005 RE: Worksession to discuss a recommendation to the Vail Town Council far proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations, Title 14, Development Standards Handbook, Vail Town Code, for proposed corrections and clarifications to the Vail Town Code. INTRODUCTION: • On August 22, 2D05„ PEC held a worksession to discuss proposed text amendments to the Town Code, which have arisen out of the cfeanTup process. Staff presented an overview of the three tiers of proposed text amendments: spelling and grammatical changes, clarifications of code and policy changes. The PEC reviewed Tier I, spelling and grammatical changes. Staff will be requesting numerous warksessions with PEC to review propQSed text amendments from Tier l9 and III. This worksession will review the proposed text amendments in Section II of this memo. As this is only a worksession.„ staff will not make a recommendation at this time. II. PROPOSED TEXT AMENDMENTS Tier II; Staff Interpretations. Clarifications of Code, etc.. TITLE 11: SIGN FtEGtJLATIONS CHAPTER 7 ~-2: DEF1Nl71dNS .~, 19-2-~: DEFINITIONS ENUMERATED: ,s BALLOON: A flexible bag desr"gned fo be inflated with hot air or with a gas, such as helium, that is lighter than the surrounding air, causing it fo rise and (loaf in fhe atmosphere. • BUSINESS, VACATED: closed and vacated for intent to reopen. A commercial entity that has been more than ninety (90) days wifhout 1 PLAQUE, DEDICATION: A plate, slab, or disk that is ornamented or engraved for mounting, as on a wall or the ground, in order to honor a person or persons, or to denote transfer of fhe property to the public far public use. SIGN, ENTERTAINMENT: A sign that serves to advertise a visual ar audio media format, including but not limited fo movies, television shows and audio GDs or records. SIGN, GARAGE SALE: (Also referred fo as YARD SALE SIGN): A temporary sign that announces a garage sale or similar even#. SIGN, MEMORIAL: A sign that commemorates an event or person(s) and is placed on a memorial site, including a memorial fountain or statue. SIGN, OFFICIAL GOVERNMENT: A sign that is sanctioned by the Town of Vai! for public use, including directional signs, to control traffic or for other regulatory purposes. SIGN, PRIVATE NO PARKING: A sign on private property that alerts others ofnon-public parking space. SIGN, PROHIBITED: A sign that is not allowed within the Town of Vail, or within a specific zone district of the Town of Vail SIGN, PUBLIC INFORMATION: A sign, display board or kiosk that is constructed, erected and maintained by the Tvwn of Vail, or with the permission thereof, in order to Inform the public of public amenities, community activities, special events, and personal information. SIGN, SALE: A sign that identifies a discounting of merchandise is taking place within the commercial establishment SIGNS, EXEMPT: A sign that is not sub1ecf to the regulations of this Title. TABLET: A slab or plaque wr`th a surface that is intended for or bears an inscription. Staff Comment. These proposed text amendments to the Definitions chapter of the Sign Regulations provide codified definitions for currently undefined terms. The Lack of a definition causes confusion and ambiguity in the administration of the Sign Regulations. The proposed text amendments create a more user friendly document for the public. 2 CHAPTER 11-2: DEFINITIQNS 11-2-9,° DEFINITIQNS ENUMERATED: AGGRIEVED PERS(JN: nn~,:,: c~ ~'°f~"",~ ~^ ~'~ih nn nfie~n •!"a . Any person who will suffer an adverse effect to an interesf profecfed or furthered by this Title. The alleged adverse interest maybe shared in common with other members of the community of large, but shall exceed in degree fhe general interest in community good shared by all persons. DISPLAY BOARD: Sea-a-e~ailic~7 c:~ ""°~ (Also Known As A MENU BO.)C): A freestanding or wall sign enclosed in glass for the express purpose of displaying menus, real estate listings, entertainment options, or items related to the advertised business; allowed of eating acrd drinking establishmenfs, real estate businesses and movie theaters only. S1GN, HANGING Sl~4I: ~ ~ sign.- ,Also referred to as PROJECTING SIGN) A sign that is attached to a building, extending horizontafly beyond fhe surface of the building to which it is attached. SIGN, PROJECTING S~AI: (Also referred to as a HANGING S1GN) A sign that is attached to a building, extending horizontally beyond the surface of the building to which it is attached. S12E: (See also defiditier~s-e~# AREA,. S1GN.) The dimension of a sign, determined by the type of sign, as further regulated by Chapter 6, "Business And Building Identificafion Signs', of this Title. Staff Comment: These proposed text amendments to the Defnitions chapter of the Sign Regulations provide complete definitions for terms where current definitions reference other terms or subsections of the code. Pointing the definition to another term rather than defining it has caused confusion and ambiguity in interpreting the Code. These changes will provide a more comprehensive definitions section of Title 11. CHAPTER 11-3: ADMINISTRATION: 11-3-3: Prescribed Regulations Amendment; a. Fac#ors, Enumerated: Before acting on an application far an amendment to the regulations prescribed in this Title, the 3 Planning and 1=nvironrnental Commission and Town Council shall consider the fallowing factars with respect to the requested text amendment: {1) The extent to which the text amendment furthers the general and specific purposes of the Sign Regulations; and {2) The extent to which the tex# amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and {3) The extent to which the text amendment demonstrates how conditions have substantially changed since. the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and {4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and (5) Such other factors and criteria the PEC andlor Town Council deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending andlor granting an approval of an application for a text amendment, the Planning and Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: {1) That the amendment is consistent with the applicable elements of the adapted goals, objectives and policies out~iined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and {2) That the amendment furthers the general and specific purposes of the Sign Regulations; and {3) That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Staff Comments: When proposing any text amendments to the Sign Code, PEC and Town CQUncil need direction with factars to consider and the necessary findings in order to approve a text amendment. These text amendments wil! provide procedural findings and clarify the process of text amendments for PEC and Town Council. CHAPTER 11-6: BUSINESS AND BUILDING IDENTIFICATION SIGNS: 11-6-~: BUSINESS SIGNS: B, Sign District 2 (SD 2}; Number,. Area, Height, And Special Provisions Of Business Signs: 1. Wal[ and projectinglhanging signs: a, Number: One per linear "ar r~ frontage of a business on a major pedestrian or vehicular way with a maximum of three (3) per business. D. Sign District 2 (SD 2); Measuring Linear I~:siness Frontage Far Business Signs: Figure 3 of this sec#ion illustrates how to measure the linear frontage of a business. Nate: In order to be considered a frontage, that side of a building or business shall have a major public entrance that opens onto a major vehicular ar pedestrian. way. 11-6-4: BUILDING IDENTIFICATION SIGNS: 3. Sign Districts 1 And 2; Types Of Building Identification Signs: c. Joint. directory signs: (1) Number: One joint directory sign per building unless the building has more than one building frontage (see chapter 2, "Definitions", of this title) with a combined linear frontage that exceeds one hundred fifty feet (1b0'), in which case that building shall be entitled to two (2) joint directory signs. Na building identification sign, ether than a joint directi~ry sign, shall be allowed far the side of a building that houses a joint directory sign. CHAPTER 11-7: OTHER SIGNS TITLE 12: ZONING REGULATIONS CHAPTER 12-9: TITLE. PURPOSEANQAPPLICABILITY.~ 12-1-9: TITL€: This Title maybe cited as the Zt)NING REGULA TlOIVS € for the Town, and shall form and be incorparafed as Title 72 of the Town Code of Vail, Colorado, otherwise referred to as "Vail Town ~~d~ nfrn-iuii. yr lr J~ Staff Comrnents: This proposed text amendment is necessary to clarify fhe confusion off how to formally and informal refer to the honing Regulations and the Code itself. J cl~aprER ~z-z: ,~,~,~InrlTlolvs ~2-2-2: DEFINITIONS: ANNEXED AREAS: Parcels of land that have been introduced to the boundaries of the Town of Vail.. ARCHITECTURAL PROJEC710NS: Building projections including, but not limited fo towers, stairs, spires, cupolas, chimneys, flagpoles and similar architectural features. ATTlC: The space between the ceiling beams of the top story and the roof rafters. BAKERIES AND CONFETIONERIES: Commercial retail or wholesale properties whose main products are baked goods and desserts, either produced on the premises or off sife. BARBERSHOP: A commercial establishmenf whose primary business is the cutting and/or styling of human hair. BAY IJVINDOWS: A window or series of windows that projects from the main wall of a building and forming a bay ar alcove in a room within. DECK, ROOFED OR COVERED: A deck that is protected from the elements via a roof or ether similar covering. DEED RESTRICTION: A restriction on the use of land or users/owners of property set forth in a legally binding deed. DENSITY CONTROL: Any requirement of fhis title that regulates the number or size of dwelling~:'units per unit of land ENVIRONMENTAL IMPACT REPORT: A document outlining the effect of proposed development or action on fhe environment. HILL TIME EMPLOYEE: A person who works an average of thirty {3D) hours per week or more on a year round basis in Eagle County, Colorado. LOBBY: A communal space in or near the entrance area of a building. 6 M€ET1NG AND CONVENTION FACILITY: A building or buildings that contain space for the convening of organizations ar groups of people far the purposes of educational, political, social or fraternal advancement MULTIPLE USE LOADING FACILITY.• A facility where a single off street loading facility serves more than one use. PARTY WALL: A common wall shared by two aftached structures, buildings or dwelfing units. PROPERTY OWNER: A person, persons or public or private entity with the right to exclusive use, control, ar possession of property due tv transfer of property fhrough a deed or other legal document. , RECREA TION AMENITIES TAX: A fee yr dues levied vn certain development that is used to fund an exterior recreation based improvement or facility including, but not limifed to, swimming pools, hot tubs, athletic fields and courts, ice rinks, skate parks, golf courses, driving ranges, playgrounds, and other similar amenities. STORE, CONVENIENCE FOOD: Commercial retail entify that specialize in selling fast food and beverage, and only includes counfer service, not table service. TRUSS TYPE STRUCTURAL SYSTEM: A structure! system fhat includes trusses used as strucfural support, perpendicular tv the outside walls, on the inside of a roof structure. VARIANCE: Permission to depart from the !!tare! requirements of a zoning ordinance, as further regulated by this Title. VEHICLE, COMMERCIAL: A vehicle that ;'(s designated far commercial use through licensing requirements by the State of Colorado. VIEW CORRIDOR: An unobstructed location, position or area that permits an unhindered panoramic vista of particular interest or pleasure or unique view to a particular point from a public place, adopted by ordinance, as further regulated by this Title. ZONE DISTRICT: A specifically delineated area in the Town of Vail with unr""form regulations and requirements which govern the use, placement, spacing, and size of land and buildings as mapped on the Tawn of Vail Official Zoning Map. 7 ZONING MAP: A map that specifies the boundaries of zone districts within the Tawn of Vail. Staff Comment.: These proposed text amendments to the Definitions chapter of the Zoning Regulations provide codified definitions for undefined terms. The lack of a definition causes confusion and ambiguity in the administration pf the Zoning Regulations. Text amendments that provide definitions to terms used in the regulations create a mare user friend document for the public. 12-2-2: DEFINITIC7NS: AFFECTED PROPERTY: Property within a Special Development District that, by virtue of its proximity or relationship to a proposed amendment request to an approved development plan, may be affected by redesign, density increase, change in uses, or other modifications changing the impacts, ar character of the approved Special Development District. AGENT OR AUTHORIZED REPRESENTATIVE: Any individual or association authorized ar empowered in wrifr"ng by the property owner to act on hr's (herJ stead. If any of the property to be included in the Special Development Disfricf is a condominiumized development, the pertinent condominium association may be considered the agent or authorized representative for the individual unit owners If aufharized in conformity with all pertinent requirements of the condominium association's declarations and a!I other requirements of the condominium declarations are met. AVALANCHE AREA, BLUE HAZARD: An area impacted by a snow producing a total static and dynamic pressure less than six hundred (600} pounds per square foot on a flat surface normal fa the flow and/ar a return interval in excess of twenty five {2S) years. AVALANCHE AREA, RED HAZARD: Any area impacted by a snow avalanche producing a total static and dynamic pressure in excess of six hundred (600) pounds per square foot on a flat surface normal to the flow and/or a return interval of less than twenty five (25) years. AVALANCHE AREA, ZONE OF INFLUENCE: Any area in a potentiaf avalanche hazard zone where detailed Infarrnation is not currently available but which may be Impacted by said hazard. These zones of influence shall be designated on the appropriate maps of the Administrator of the Town. FLOOD HAZARD ZONE: That area covered by the base flood. The base flood area is any numbered A, AO, AH, or area of 700 year shallow flooding indicated on fhe Flood lnsurance Rate Map, associated work maps, and Flood Insurance Study. The flood hazard zone is also any area indicated as "flood plain" as defined by the Gore Creek Flood Plain Information Report, 7975, as designated in Section ~2-27-99 of this Chapter. FLOOD INSURANCE STUDY.• The official report provided by fhe Federal Emergency Management Agency that includes flood profiles and water surface elevation of the base flood GEOLOGICALLY SENSITIVE AREA: An area within fhe Town of Vail which may be subject fo rock falls, mud flows, debris flows, debris avalanches, and unstable soil, slopes or racks. SITE SPECIFIC DEVELOPMENT PLAN: Shall mean and be limifed fo a final major or mr`nor subdivision plat, or a Special Development District development plan. SPECIAL DEVELOPMENT DlSTR1GT, MAJOR AMENDMENT (PEC AND/OR COUNCIL REIf1EW}: Any proposal fo change uses; increase gross residential Hoar area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved Special Development District {other than "minor amendments" as defined in this section), except as provided under section 72-?5-4, 'Interior Conversions'; or 92-15-5, "Additional Gross Residential Floor Area (250 Ordinance}' f of this title. SPECIAL DEVELOPMENT DISTRICT, MINOR AMENDMENT {STAFF REVIEVI/j: Madifrcations to building plans, site or landscape plans that 'do not alter the basic intent and character of the approved Special Development District, and are consistent with the design criferia of this article. Minor amendments may include, but not be limited to, variations of not more than five fee# (5~ to approvedsetbacks and/or building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the Special Development District; or changes to gross floor area (excluding residential uses] of not mare than five percent (5%J of fhe approved square footage of retail, office, common areas and other nonresidential floor area. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cast of which equals or exceeds fifty percent (50%j of the market value of the structure. Market value shall be determined by a qualified assessor designated by the Administrator. The market value 9 of a structure is determined either A. Before the improvement ar repair is started; or B. !f the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other strucfural part of the building commences, whether or not that alteration affects the external dimensions of the sfructure. The term does not, however, include any project for improvement of a s#ructure fo comply with exisfing State ar local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. UNDERLYING Zt3NE DISTRlGT: The zone disfricf existing on the property, ar imposed an the property at the time the Special Development District is approved VESTED PROPERTY RIGHT: The right to underfake and complete the development and use of property under fhe terms and conditions of the site specific development plan, and shall be deemed established upon approval of a site specific development plan. VIEW PRINT ORIGINATMON; The survey paint, called out as the instrument in each legal description defining a view corridor boundary, which is the basis for each view corridor, Staff Comments: These terms were taken from other sections of Title 12 and put in the general definitions section as to provide a comprehensive listing of terms for this title. A comprehensive definitions section makes the code more user friendly and helps ensure applicants are aware. of all definitions. 12-2-2: DEFINITIONS: SITE: ca© .i'esfinifiie~n r.f , ~. ~. ``i`ts (See Also LOT OR S1TE) A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this fifle and meefing the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of Land described by metes and bounds, ---. - - - Staff Comment: This proposed text amendment to the Definitions chapter of the Zoning Regulation provides a complete definition. for terms where current definitions reference other definitions or subsections of the code. ~'ointing the definition to another term rather than defining. it has caused confusion and ambiguity in interpreting the Code. These changes will provide a more comprehensive definitions section of the zoning regulations. io 12-2-2; DEFINITIONS: PLANNING AND ENVfRONMENTAL COMMfSSION: ~,4s nl+~'nninrr +~nr°I nnfti"+nnmenf.*1 nnmLy.t`i~~!.~"C~'1~e"'r~~~°itb~ h : 'ewT, r The body responsible for reviewing development proposals or any matters pertaining to the Commission as provided by the Tawn Code and to act in an advisory capacity to the Town Council. The Planning and Environmental Commission focuses on evaluating projects based on the Zoning Ordinance, Masfer Plans, Subdivision Regulations, environmental concerns, etc,, and as established by Chapter 3-~, Vail Town Cede. Staff Comment: This proposed text amendment seeks provide a more detailed definition of the PEC. The current definition is too vague and does not define the PEC, but rather points to its creation by Town Council. This definition will help the public understand the roles and responsibilities of the PEC. 12-2-2: DEFINITIONS: SITE GOYERAGF: The ratio of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calculating site Coverage thi[~ r-afini~inn' "burldrng area of a site"' shall mean that portion of a site occupied by any buildr`ng, carport, pane cachere, arcade, and covered or roofed walkway consfructed af, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or supporting columns. For the purposes of this definition, a balcony or deck projecting from a higher elevation may exfend over a lower balcony, deck or walkway, and in such case the higher balcony ar deck shall not be deemed a roof or covering far the lower balcony, deck or walkway. In addition to fhe above, building area shall also include any portion of a roof o, verhang, eaves, or covered stair, covered deck, covered porch, covered terrace or covered patr`o that extends more than four feet (4~ from the exterior face of the perimeter building walls ar supporting columns. Staff Comment: This proposed text amendment clarifies the definition of Site Coverage. This simple text change clarifies the definition and removes ambiguity related to calculating site coverage. We want to ensure that the public understands what constitutes site coverage, as it is an important density control tool. • 11 12-2-2: DEFINITI(7NS:` PRIVATE CLUB: An associafion of persons and its premises established far the fraternal, social, educational, recreational, ar cultural enrichment of ifs members and not primarily far profit, whose are bona hde members payer dues and meet certain prescribed qualifications for membership, use of such premises being restricted to members and their guests. Parking structures may not be the sole facility for a private club. Staff Comment: The loose definition of PRIVATE CLUB has allowed a loophole where Private Club is being interpreted as a Private Parking Club. This loophole has allowed for the operation of parking lots with spaces sold to owners who are considered club members at the Gateway Building (CSC District} and at Golden Peak (Ski Base/Rec 1). Vtie feel it necessary to sharpen the definition so that the loophole is closed and the private purchase of individual spaces as a private parking structure can exist under the constraints of the zoning regulations. Private Clubs are a conditional use of Residential Cluster, Love Density Multiple-Family, Medium Density Multiple-Family, High Density Multiple-Family, Public Accommodations, and Commercial Service Center districts. The definitions of our parking terms are also being updated to alleviate confusion,. "Private parking structures" and "Private unstructured parking" will be a conditional use of high density multiple family,. Public accommodations, Commercial service center, ski base Recreation 1, Arterial Business District, Lionshead Mixed-use 1, and General Use districts. Staff has determined that these districts were those intended to include private parking facilities and the code should reflect such intentions. On the other hand, private parking facilities under the guise of "Private club°' are out of line with the intentions of these zoning districts. 12-2-2: DEFINITIC?NS: PRIVATE PARKING STRUCTUR€: A parking area within a building for the exclusive use of its owners, to be considered an individual land use not to be linked with parking requirements regulated in Chapter 12-1U. PRIVATE UNSTRUCTURED PARKING: A parking area not within a building for the exclusive use of "its owners, fo be considered an individual land use not to ~be linked with parking requirements regulated in Chapter 12-7U. PUBLIC PARKING STRUCTURE. An parking area within a building for use by the public, #o be considered an individual land use not to be linked with parking requirements regulated in Chapter 72-9+Q. PUBLIC UNSTRUCTURED PARKING. A ~ parking area not within a building far use by the public, to be considered an individual land use not t© be linked with parking requirements regulated in Chapter 92-10. 12 • Staff Comment: In order to standardize language used to determine types of parking facilities, we used determined that using the least amount of terms for parking facilities, including structures and lots, was the best way to simplify the code. This will help ease con#usion among applicants and facilitate understanding of the zoning code. CHAPTER 92-3: ADMINIS7RATlQNAN[J ENFORCEMENT 12-~-6: HEARINGS: C. Nofice: 2. !n addition fo the published notice, the administrator steal! cause a copy of fhe notice to be mailed by firsf class mail, postage prepaid to the owner or owners of record of fhe property which is subject of the hearing and the owner or owners of record of fhe property adjacent to the subject properfy (if the adjacent property is a condominium project, notice may be mailed to the managing agent, registered agent or any member of the board of directors thereof, for ,'~r~+ymnnrlmanfi nh 7nrvo rir ~nnlirrvfiir,n ral~finrv fir,. a. application to change zone ~®o i~ district boundaries; b. application for a condltionai uses permit; c. application for a variance; d. application relating to development plans for special development districts; or e. application #o changes the density control sections-ira-~y of a ##e zone districts. Staff Comment: This proposed text amendment clarifies situations requiring notification by mail to those in adjacent properties. The initial language was eery broad and therefore could be interpreted incorrectly. Amendment, change or application" does not apply correctly to the listing a-e. We needed to clarify the intentions of the notice requirements, which is to alert adjacent property owners of major changes to properties. Far example, under the current language, an amendment to the variance sections of the code would confuse staff as to whether a notice should be mailed, and to whom. This way, there is a clear understanding of the exact circumstances when a notice is to be sent. GRAFTER 12-~; RESIDENTIAL DISTRICTS: 12-6D: TWl7-FAMILY PRIMARYiSEC©NDARY RESIDENTIAL (PS} DISTRICT 12-6D-$: DENSITY CONTROL: 13 A. Dwelling Units: Not mare than a total of two (2} dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots less than fourteen thousand {14,DD0) square feet. B, Gross Residential Floor Area: 1. The fallowing gross residential Haar area (GRFA) shall be permitted on each site: a. Nat more than forty six {46) square feet of gross residential floor area {GRFA) for each one hundred (100} square feet of the first ten thousand {10,040}square feet of site area; plus b. Thirky eight (3$} square feet of gross residential floor area {GRFA) for each one hundred (100) square feet of site area aver ten thousand (10,OD4} square feef, not exceeding fifteen thousand {15,040} square feet of site area, plus c. Thirteen {13} square feet. of grass residential floor area (GRFA) far each one hundred (iD0) square feet of site area over fifteen thousand (15,000} square feet, not exceeding thirty thousand {30,D40) square feet of site area; plus d. Six (6) square feet of gross residential floor area {GRFA) for each one hundred (100} square feet of site area in excess of thirty thousand (30,ODD) square feet. 2. The secondary unit shall not exceed forty percent {40°/0) of the allowable grass residential floor area (GRFA}. Staff Comment: This regulation exists in Section 12-15-2: GRFA REQUIREMENTS BY ZONE DISTRICT, Staff feels this regulation should also be added to Section 12-6t7-813,. of the Two-Family Primaryl5econdary Residential ©istrict, for clarity. 12-6H: HOUSING (H) DISTRICT: 12-fiH-3: CONDITIONAL USES: `'..~ The following conditional uses shall be permifed in the HDMF districf, subfect fo issuance of a conditional use permit in accordance with the provisions of chapfer 16 of this Title: Bed and breakfast as furfher regulafed by seefian 12=14-18 of this Title. Churches, Dog kennel. Funiculars, and other similar conveyances, Home child daycare facility as further.regulafed by secfion 12-14- 14 12 of this title. Private clubs .. ' Lr~' Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. 1{'c ~w ~r~' 'c.~ n~ ate Public or private schools. Public park and recreation facififr"es. Public parking strucfures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Ski lifts and tows, Timeshare estate units, fractional fee units and timeshare license units. Type ll! employee housing units (EHU) as provided in chapter 13 of fhis fitle. Staff Comments: Per the new,definition of private club, staff feels that striking "and civic, cultural and fraternal organizations" helps to standardize the term "Private clubs" as well as alleviate any confusion over the definition of this term. As previously discussed, the land uses related to parking were also standardized here and below. 12-7A-3: CQNQITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to Issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast, as further regulated by section 12-14-18 of this title. Churches. ';", ,.s Fractional fee club units as further regulated by subsection 12-16- 7AS of this title. Hospitals, medical and dental clinics, and medical centers. Lodges, including accessary eating, drinking, or retail esfabfishments located wifhin the principal use and occupying between ten percent (10%) and fifteen percent {'15%) of the total gross residential floor area of the main structure or structures on the site. Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area. Private clubs and civic, cultural and fraternal organizations. Private parking structures. 15 Private unstructured parking. Professional and business offices. Public buildings, grounds and facilities. Public parking structures. Public or privafe schools. Public park and recreafiona! facilities. Public fransporfafion Terminals. Public unstructured parking. Public utility and public service uses. Skr' lifts and tows. Theaters and convention facilities. Type Ill employee housing units as provided in chapter ~ 3 of this title. 72-7F-4: G+ONDITIDNAL USES: A. Enumerated: The followirg conditional uses shall be permitted in the arterial business district, subject to fhe issuance of a conditional use permif in accordance with the provisions of chapter 96 of This Title: Any use permitted by section 92-7F-3 of this article, Which is not conducted entirely within a building. Bed and breakfast as further provided by section 12-14-18 of this title. Brew pubs. Child daycare center. Microbreweryy. Dria.l ~~1r~et-s~#anr ,.C.'le'iFi~- Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. . ,, Public utility and public services, uses, including screened outside storage. Service yards. Transportation businesses. Type 111 employee housing units (EHU) as provided in chapter 93 of this title. 72-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS DF A BUlL,D1NG OR OUTSIDE DF A BUlLD1NG): The following conditional uses shall 6e permitted, subject fo issuance of a conditional use permif in accordance with fhe 16 • • provisions of chapfer 16 of this title: Bed and breakfast as further regulated by section 12-14-18 of this title. Brew pubs. Coin operated laundries. Commercial storage. Private outdoor recreation facilities, as a primary use. Private parking structures. Private unstructured parking. Pu61ic buildings, grounds, and facilities. ~rblis-~eat~ r c: ~'~s ' Public park and recreation facilities. Public parkr`ng structures. Pubfic unstructured parking. Public utility and public service uses. Single-family residential dwellings. Ski tiffs and tows. Television stations. Two-family residential dwellings. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. 92-8D: SKI BASE/RECREATION ? D1STRICT• 72-8D-2: Permitted Uses: E. Outside ©f Lodge: The following uses shat! be permitted outside the main base lodge and children's ski school buildings as shown on the approved development plan zoned Ski Base/Recreation 1 District: Bus and skier drop off, Food and beverage service. Indoor and outdoor ski storage. Mounfain storage buildings. Private unstructured parking. Public parks, tennis and volleyball playgrounds. Ski racing facilities. Ski school activities. Ski trails, slopes and lifts. Snowmaking facilities. courts, and playing fields, 17 Special community events. ~e`i~a~i~-lei: Water-treatment and storage faciflties buildings. 12-8E-19: TINfE REQUIREMENTS: A. Start Of Construction; Completion: The developer must begin initial construction of the development pfan within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. If the development plan is to be developed in phases, the developer must begin cansfrucfian of subsequent phases within one year of the completion of the prey"ous phase. B. Approval Voided.• !f fhe developer applisa~t does not begin and diligently work toward the completion of the development plan or any stage of the development plan within the time limits imposed by the preceding subsection, the approve! of said development plan steal! be void. The Pplanning and Fenvironmenfal Csammission shall review the development plan upon submittal of an application to reestablish the development plan fallowing the procedures outlined in section 12-8E-7 of this _ article. _ Staff Comments: The proposed text amendment calls for "applicant" to be changed to "developer," as this is the term used in Section 12-$E-19A. "Developer'° is the proper ward to be used, over "applicant as in describing who is conduc#ing work at this point in the develapment process. CHAPTER 1~-9: SPECIAL AND MISCELLANEOUS DESTRICTS: 92-9A: 5PEGIAL DEVELOPMENT DISTRICT: 12-qA-1: PURPOSE ANrD APPLIGABILITY.• A. PURP©S,E: The purpose of the special develapment district is to encourage flexibility and creativity in the development of land in order to promote its mosf appropriate use; to improve the design character and quality of the new develapment with the fown; to facilitate the adequate and economical provision of streets and ufilities; to preserve the natural and scenic features of open space areas; and to further fhe overall goals of the community as stated in the Vail comprehensive plan. An approved development plan far a special development district, in conjunction with the property's underlying zone district, shall establish the requirements far guiding development and uses of property included in the special development district. ~"~~es~.: ~asialnr~rnnn# rlin+rini rln ~+ ~ .+`I~F,In in fho ~A1184L~i: /~' ~^aeiv aiot{'l6tS~~'iiSif~e-rc$i~e~iicrl~SiElle fu'7~if~fl" le~~E • 1$ B. APPLICABILITY: Special Development Districts do not apply to and are not available in the following zone districts: Hill$ide Residential, .Single-Family Residential, Twa-Family Residential and Two-Family Primary/Secondary Residential. Staff Comments: The proposed text amendment does not make any textual changes except to separate two sentences from the purpose section and give them their own section heading: Applicability. This draws attention to these sentences and provides clarification for applicants. 12-9A-2: DEFINITIONS: MINOR AMENDMENT (STAFF REVIEUII): Modifications to building plans, site or landscape plans that do not alter fhe basic intent and character of fhe approved special development district, and are consistent with fhe design criteria of thr"s shapte,~article. Mirror amendments may include, but not be limited fa, variations of not mare than five feet (5) fo approved setbacks and/or building footprints; changes to landscape or site plans That do not adversely impact pedestrian or vehicular circulation throughout the special development district; or changes to gross float area {excluding residential uses) of not more Phan eve percent (5%) of fhe approved square footage of refail, office, common areas and other nonresidential floor area., except as provided under section 12-75-4, "Inferior Conversions", or 12-95-5. "Additional Gross Residential Floor Area (250 Ordinance)" of this tifle. Staff Comment: Ta alleviate confusion, it is necessary to point to the criteria of this article, not the general chapter. This helps point code users to the right place for design criteria and wiA help applicants find information in a more efFicient manner. 12-9A-10: AMENDMENT PROCEDURES: A. Minor Amendments: 2. Notification of a proposed minor amendmenf,~ and a report of staff action of said request, shall be provided to all property owners within and er adjacent to the special development district that may be affected by the amendment. Affected properties shall be as determined by the Department of Community Development. Nofifications shall be postmarked no later than five (5) days fallowing staff action on the amendment request and shall include a brief stafement describing the amendmenf and the time and date of when the Planning and Environmental Commission will tae informed of the staff decision. In aII cases fhe report fo the Planning and Environmental Commission shall be made within twenty {20) days from fhe date of the staffs decision an fhe requested amendment. 19 Staff Comment; To a6leviate confusion in regards to the notification procedures for amendments to SDDs, the word "ar" needs to change to "and" to be inclusive of both circumstances. 92-9A-71: RECREAT101V AMEIV171E5 TAX.• A recreation amenities tax shall be assessed on all special development districts in accordance with Title 2, Chapter b of this Code at a rate to be determined by the Town Council ~g a~-:n-~irR .This rate shall be based on the rate of the special development underlying zone district or the rafe which most closely resembles the density plan for fhe district, whichever is greater. Staff Comment; This proposed tent amendment seeks to clarify the vale of PI=C versus Town Council. Fees and taxes are determined by Town Council, not PEC. 92-9C-3: COIVDITI(7NAL USES: A. Generally: The following conditional uses shall be permitfed in the GU district, subjecf to Issuance of a conditional use permit in accordance with the provisions of chapter ~~ of this title: Child daycare center. Churches. Equestrian trails. Golf courses. Helipad far emergency and/or community use. Hospitals, medical and dental facilities, clinics, rehabilitation centers, clinical pharmacies, and ambulance facilities. Major arcade. Planf and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made an the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools and educational Institutions. Public and quasi public irrdoar community facilify_ Public buildings and grounds. ". ; ~iihlir .torlfinr1 f~nili#ire w .. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tpurist/guest service related facilltles. Public transportation terminals. Public unstructured parking. Public utilities installations Including transmission !Ines and appurtenant equipment. Seasonal structures ar uses to accommodate educational, recreational or cultural activities. Ski lifts, Tows and runs. Type 111 employee housing unifs (,EHU) as provided in chapter 73 ~a of fhis title. Water and sewage treatmenf plants. Staff Comment: The proposed Text amendments will standardize the terms used to describe parking facilities in the Town of Vail. Using the terminology from the Parking District section, we conclude that these terms, also proposed vocabulary for the 72-2: Definitions, will help to alleviate confusion in the Code in relation to parking facilities. With fewer standardized terms for land uses related fo parking, applicants can clearly understand what is meant when terms are listed as conditional uses. CHAPTER 12-70: OFF-STREET PARKING AND LQAL7ING 72-9fJ-i3: LOADING REQUIREMENTS SCHEDULE: Off-street loading requirements shall be determined in accordance with the following schedule: Use Any use listed as a conditional use Loadine Reouirement Loading facilities requirement to 6e determined by the fewer-~1 Planning and Environmental Commission as a condition of the conditional use permit, but not less than the comparable requirement prescribed above Staff Comment: An error in the Code lists the Town Council as the Board that determines the loading facility requirements, when in fact it is the responsibility of the PEC to handle matters related to conditionai use permits. This alleviates any confusion as to who is required to set the loading facility requirements and helps to smooth out the process. CHAPTER 12-22: VIEVII CORRIDORS: 72-2~-2: DEFINI710NS STRUCTURE: For the purposes of this Chapter, a~4nythfig permanently constructed or erected with a fixed location including, but not limited to, new buildings, building expansions, decks, mechanical equipment, vents, ducts, satellite dishes, fences, stop fights, light poles, signs, utilify poles, sky lighfs or any similar object. ~" Staff Comment: The proposed text amendment seeks to clarify the definition of structure with regards to view corridors. TITLE 13; SUBDIVISION REGULATIONS: CHAPTER 13-2 DEFINITIONS: 13-2-2: DEFINITfONS AS-BUILT PLAN: The final development plan that reflects the constructed subdivision. 21 BIKE PATH: A corridor for use by bicycles and pedestrians, prohibited for use by motorized vehicles, CULVERT:' A ditch, drain or conduit, not incorporated in a closed system, that carries drainage water under a driveway, roadway, railroad, pedestrian walk or public way, or other type of overhead structure DRAINAGE: Sunl`ace wafer runoff or the removal of surface water or groundwater from land by drains, grading or other means, which include runvfi controls to minimize erosion and sedimentation during and after construction or development. ENVIRONMENTAL IMPACT REPORT: A document outlining the effect of proposed development or action on: the environment, as further regulated by Chapter 92-12, Environmental Impact Reports. SOIL STABILITY ANALYSIS: Astudy conducted to determine the status of the sail on a property. Staff comment: These proposed text amendments to the Definitions chapter of the Subdivision Regulations provide codified definitions for undefined terms. The lack of a definition causes confusion and ambiguity in the administration of the Subdivision.. Regulations. Text amendments that provide definitions t4 terms used in the regulations create a .more user-friendly document for the public. 73-2-2: DEFINITIONS: BUILDING CONNECTION SEWB'R: A sewer within a public streef or right of way, proposed to connect any parcel,. fof, or part of a lot with a mar'n line sewer. BUILDING SEWER; A sewer, wholly within private property, proposed to connect any building to a building connecfion. BYLAWS: Shall refer to the bylaws of the unit owners" association or corporation. COMMUNITY APARTMENT: A development in which (here is an undivided interes# in the land coupled with the right of exclusive occupancy of an apartment located therein. Community aparfinents shall be subject #o the same restrictions and conditions set forth in this Chapter for condominium units, CONDOMINIUM CONVERSION: The development or use of the farad and existing sfrucfures as a condominium praject 22 regardless of the presenf or prior use of such lands and structures, and regardless of whether substanfial improvements have been made to such structures. CONDOMINIUM PROJECT: The entire parcel of real property, including all structures (hereon, to be divr`ded into two {2) or more units for the purpose of constructing or converting existing structures to condominium units. CONDOMINIUM UN1T: An individual air space unit together with the interest in the common elements appurtenant to such unit. CONTRACTOR: The individual, partnership, corporation, joint venture, or other legal entity performing fhe work. In the case of work ber"ng performed under permr"t issued by the Town,. the permittee shall be construed fo be the contractor. DAYS: Gonsecutive calendar days, unless otherwise specified. DECtARAT1ON: An instrument recorded pursuant fo the statutes of the Stafe and which dunes the character, duration, rights, obligations, and limitations of condominium ownership. The declaration shall include all restrictions, limitations and specifications which may be required by the Planning and Enviranmenta! Commission or Town Council, including provisions relative.to time-sharing estates, licenses yr fractional fees; and the procedure for amendments of the declaration which requires approval of the Town. INDIVIDUAL AIR SPACE UN1T: Consists of any enclosed room or rooms occupying all or part of a floor or floors of a building of one or more floors to be used far residenfial, professional, commercial or industrial purposes, which has access to a public street. 1NSP,ECTOR: An authorized representafive~ of the Public Works Director, assigned to make any or alI necessary inspections of materials furnished and work performed by the contractor. MODERATE IN'GOME: Shall be as defined from time fo time by the Town Council. PLANS: The drawings, profiles, crass sections, working drawings, and supplemental drawings, or reproductions (hereof, approved by fhe Town Engineer or Building Official, which show the location, character, dimensions, or details- of the work. 23 PRIVATE CONTRACT: Work subject f© Town inspecfion, control, and approval, involving private funds, not administered by the Town. REFERENCE SPECIFICATIrJNS: Those bulletins, standards, rules, methods of analysis or tests, codes and specifications of other agencies, engineering societies, or industrial associations referred to in the contract documents. These refer to the latest edition, including amendments in ef,Fect and published at the time of advertising fhe project or issuing the permif, unless specifically referred fo by edition, volume, or date. SERVICE CONNECTION: All or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. SEWER: Any conduit intended for the reception and transmission of sewage and fluid industrial waste. SPECIAL PROVISIONS: Any written provisions which supplement or modify These specifications. SPECIFICATIONS: Standard specifications, reference specifications, special provisions, and specifications in supplemental agreements between the contracfor and fhe Town.. STANDARD PLANS: Details of standard structures, devices, or instructions referred to on the plans or in specifications by title or number. STORM SEWER: Any conduit and appurfenances r'ntended for fhe reception and transfer of storm water. SUP~'RINTENDENT: The executive representative for the contractor present on the work of all times, authorized fo receive and fulfil! instructions from the Engineer and capable of superintending the work efficiently. SUPERVISION: Where used to indicafe supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Town in becoming a party to the contract. Except as specifically stated herein, supervision by fhe Town shall not mean acfive and direct superintendence of details of the work. SURETY.- Any individual, 1•rrm or corporation, bound with and for the contractor for the acceptable performance, execution, 24 and completion of the work, and for the satisfaction of all obligations incurred. TOWN: The Town of Vail, County of Eagle, State of Colorado. UTILITY: Tracks, overhead or underground wires, pipe lines, condufs, ditches, ducts or structures, sewers or storm drains owned, operated, or maintained in or across a public right of way or private easement. WORK: That which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor materials, supervision, tools and equipment Staff Comments: These terms were taken from other sections of Title 13 and put in the general definitions section as to provide a comprehensive listing of terms for this title. A comprehensive definitions section makes the cads more user- friendly and helps ensure applicants are aware of all definitions. 13-2-2: DEF{IV{T{4NS EMPLOYEE HC7USING UNIT: S~b~e~' ir. ~~.~ ~+~_~_~ „~ +~,~~ r.,~r_. A dwelling unit occupied by at least one person who is an employee in Eagle County. StafF Comment: This proposed text amendment to the Definitions chapter of the Subdivision regulation provides a complete definition for terms where current definitions reference other definitions or subsections of the code. Pointing the definition to another section rather than defining it has caused confusion and ambiguity in interpreting the Code. These changes will provide a more comprehensive definitions section of the subdivision regulations. 13-2-2: DEF{NITI©IVS SUBD{V{SION OR SUBDIVIDED Lfi{VD; F. Sing{e-Fam{ly Subdivision: A subdivision ®f an existing Iof, which is recognized by the fawn of Vai{ as a legally subdivided lot, and which sha{{ contain asing{e-family or prem~r`+~~c+onrinr/~r„ hvo„ family e'efasl3esl dwel{ing omits. Each sucMh~ ~d~w`''e{{r'ng unit shaf{ be separated from any other dwelling t by space on alt sides. Far zoning purposes, the {ofs created by asingle-farm{y subdivision shall be treated as one lof. Staff Comment: The proposed text amendment will clarify this section. The term "primary/secondary" is contained in the Code numerous times, but in this case, it is used in the wrong context. • 25 • CHAPTER 13-7: CONDOMINIUM AND CONDOMINIUM CONVERSIONS: i3-T-2: DL'FINTIONS EMPLOYEE HOUSING UNIT. ~~'r~,~~e-w~,~ ~~ 1' ' ~ ^f f~~~ A dwelling unit occupied by at least one person who is an employee in Eagle County. Staff Comment: This proposed text amendment provides a complete definition for Employee Housing Unit where the current definition references another subsections of the code. Pointing the definition to another section rather than defining the term has caused confusion and ambiguity in interpreting the Code. CHAPTER 13-11: SAMPLE CERTIFICATES: 13-i7-~~: CERTIFICATE OF OWNERSHIP: CERTIFICATION OF OWNERSHIP KNOW ALt MEN BY THESE PRESENTS that being sole owner{s} in fee simple of all that real property situated in the Town of Vail, Eagle County, Colorado, described as follows: containing (insert number) acres, more or less: have by these presents laid out, platted and subdivided the same into Tots and blocks as shown vn this final plat under the name and style of a subdivision in the Town of Vail, Eagle County, Colorado; and does hereby accept the responsibility for the completion of required improvements.. Executed this day of (insert date here), A.D.'~~,1i)20_. Owner: (!f corporation) Corporation name Address by (signature) C {type individual`s name) title {If individual) 26 (signature} (fype name} Address State of (Insert State name} County of} ss (Insert county name} The foregoing Certificate of Qwnership was acknowledged before me this day of (insert date here}, A.D. ~0` by (insert name here}. My commission expires: Witness my hand and seal. IVofary Public Address: Staff Comment: The sample certificates provided in this chapter of Title 13 da not give examples of Certificate of Ownership when there is na dedication of land to the public. This serves as a sample certificate for applicants in that situation, so that applicants da not have to augment samples on their own, In this case, we can provide them with a starting point for Certificate of Ownership without Dedication. TITLE ~4; DEVELOPMENT STANDARDS HANDBOOK: CHAPTER ~ ~-~: DE!FINBTIONS; 74-2: DEFIIVlTI©NS 100 year flood plain: The area adjoining a*~river, stream, or watercourse covered by water in the event of a flood, having a one percen# chance of being equalled yr exceeded in magnitude in any given year. Drainage: Surface wafer runoff or the removal of surface wafer or groundwafer from land by drains, grading yr other means, which include runoff controls fa minimise erasion and sedimentation during and after consfrucfian ar development Fenestraflan: The design and placement of windows in a building. 27 Guard rails: A rail placed on the edge of a roadway, on bridges, driveways, etc., as a safeguard against vehicular egress of said roaalway.. Heated drives: Driveways which have subterranean heat- producing mechanisms to aid in snowmelt and other hazardous conditions. Satellite dish antenna: A parabolic or dish-shaped antenna designed to receive radio waves. Topographic survey: A study conducted That produces a map of a lot or lots showing elevation from some fixed reference point. Valet parking: A service provided with or wifhouf a fee where vehicle is dropped of a designated location and an employee drives said vehicle to a parking space. Wetlands: As determined by the Army Corps of Engineers or qualified environmental consultant, an area that is inundated or saturated by surface or ground wafer of a frequency and durafion sufficient to supporf- and that under normal circumstances does support- a prevalence of vegeta#ion adapted for life in safurafed soil conditions. Staff comment: These proposed text amendments to the ^efinitions chapter of the Develapment Standards Handbook provide codified definitions for undefined terms. The lack of a definition causes confusion and ambiguity in the administration of this title. Text amendments that provide definitions to terms used in the regulations create a more user friend document for the public. CHAPTER 14-1 Q: DESIGN REVIEW STANDARDS AND GUIDELINES: F. Oufdoor Lighting: 9. 9. ~ +Quanfity: For lots in residential zone disfricfs, the maximum number of Light sources per lot shall be Limited to one Light source per one thousand square feef of Lot area, except as provided for below. The Location of said lights shall be left open to the discretion of the property owner, so long as the lights are in complr`ance with the Town of Vai!'s Ailunicipal Code. Light sources which are no mare than eighteen inches above grade, as measured from the top of the fixfure to the finish grade below,. and are either full-cutoff futures, as defined in Chapter ?4-2 feet "~T, or have a maximum source lumens of 400 (equivalent fo a 40 watt light bulb), may be aNawed r`n addition to the total number of permitted outdoor light sources. The number, location, and style of such light sources are subfect to Design Review. 28 Staff Comment As per comments made by applicants in the past, the use of the word frequency, while grammatically correct, confuses applicants because frequency is aisa a term to measure sound and light waves. To clarify, staff feels the word "quantity" is a simpler term that will ease any uncertainty. The change to uSection 18,..." needs to occur to clarify the referred section, since changed tc~ Chapter '14-2 after recodification of the Code. • 29 MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: September 12, 2005 SUBJECT: A request for a recommendation to the Vail Town Council of a text amendment, pursuant to Section 12-3-7, Vail Town Code; to Section 12-2-2, Definitions, to define the term "Time-Share Units'° and to amend Section 12-fiH-3, Conditional Uses, High Density Multiple-Family {HOME) District; Section 12-7A-3, Conditional Uses, Public Accommodation {PA} District; Section 12-7H- 4, Permitted and Conditional Uses, Second Floor and Above, Lionshead Mixed Use 1 {LMU-1 } District; and Section 12-71-2, Permitted and Conditional Uses, Basement or Garden Level, and Section 12-71-3, Permitted and Conditional Uses, First Floor yr Street Level, Lionshead Mixed Use 2 {LMU-2) District, to replace the terms "fractional fee", "timeshare estate units", "fractional fee units", and "timeshare license units" with the term "time-share units", and setting faith details in regard thereto, Applicant: Town of Vail Planner: George 'Bother I. SUMMARY The applicant, Town of Vail, is proposing a text amendment to certain sections of the Zoning Regulations, Vail Town Cade, to define the term "time-share units" and to replace the terms "timeshare estate unitsn, "fractional fee units", and "timeshare license units" with the term "time-share units", and setting forth details in regard thereto. The safe purpose of this amendment is to remove conflicting previsions from the Tawn Gode and to better describe similar land uses. This amendment is NOT intended to alter any existing land development policies. Based upon Staffs review of the criteria in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the proposed text amendment, subject to the findings noted. in Section VI of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is proposing a text amendment to certain sections of the Zoning Regulations, Vail Town Cade, to define the term "time-share unit° and to replace the terms "timeshare estate units", "fractional fee units", and "timeshare license units" with the term "time-share units", and setting forth details in regard thereto. The Zoning Regulations currently permit various types of interval ownership in four different zone districts. Those districts include the High Density Multiple Family (HOME} District, Public Accommodation (PA) District, Lionshead Mixed Use 1 {LMU-1 }District and the Lionshead Mixed Use 2 {LMU-2} District While described differently, all types of interval ownership are regulated identically tie, density calculations, parking 1 requirements, etc.}. The sole purpose of this amendment is to remove conflicting provisions from the Town Code and to better describe similar land uses. This amendment is NOWT intended to alter any existing land development policies. The proposed text amendments to the Title 12, Zoning Regulations, Vail Tawn Code, are as follows (deletions are Shawn in ,additions are shown in bold}: Section 12-2-2 Definitions: Time-share Unit: A dwelling unit which includes a fractional fee, time-share estate, or time-share license as approved by the Town of Vail. No offer of a fractional fie, time-share estate, or time-share license in a time-share unit shall be made except pursuant to an Application for Registration and Certification as a Subdivision Developer of atime-share program or an exemption from registration approved by the State of Colorado Real Estate Commission pursuant to C.R.S. 12- 61.401 et. Seq. and the Rules and Regulations promulgated pursuant thereto. Section 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast as further regulated by section 12-14-18 of this title. Churches. Dog kennel. Funiculars, and other similar conveyances. Home child daycare facility as further regulated by section 12-1412 of this title. Private clubs and civic, cultural and fraternal organizations. Public buildings, grounds and facilities. Pubiic or commercial parking facilities ar structures. Public or private schools. Public park and recreation facilities. Public transportation terminals. Public utility and public service uses. Ski lifts and tows. ~a8thnrc estate-uei*r, rastien~nl f ter. c lis+a~sc -," Time-share units Type III employee housing units (EHU) as provided in chapter 13 of this title. (Ord. 33(2003) § 1: Ord. 17(2x01) § 2: Ord, 6(2000} § 2: Ord. 8{ 1992} § 18: Ord. 31(1989} § 6: Ord. X0(1982} § 5: Ord. 8(1981 } § 1: Ord. 37(1980} § 6: Ord. 26(1980} § 2: Ord. 8(1973) § 8.3Q0} Section 12-7A-3: CONDITIONAL USES: The following conditional uses. shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast, as further regulated by section 12-1498 of this title. Churches. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Hospitals, medical and dental clinics, and medical centers. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10°1°) and fifteen percent (15°/®} of the total gross residential floor area of the main structure or structures on the site. Major arcade, so Yong as it does not have any exterior frontage on any public way, street, walkway, or mall area. 2 Private clubs and civic, cultural and fraternal organizations. Professional and business offices. Public buildings, grounds and facilities. Public or commercial parking facilities or structures. Public ar private schools. Public park and recreational facilities.. Public transportation terminals. Public utility and public service uses. Ski lifts and tows. Theaters and convention facilities. Type Ili employee housing units as provided in chapter 13 of this title. (Ord. 13(2003) § 1: Ord. 5(2041) § 9: Ord. 6(2004} § 2: Ord. 23(1999) ; 1: Ord. 22(1996) § 2: Ord. 8{1992} § 19; Ord. 31(1989) § ?: Ord. 3(19$5) § 1: Ord. 27(1982) ~ 1(b): Ord. 6(1982) § 8{a}: Ord. 8(1981 } ~ 2: Ord. 2£(1980} +~ 2: Ord. 8(1973} ~ 7.304} Section 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: B. Conditional Uses: The fallowing uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Banks and financial institutions. Conference facilities and meeting rooms. Eating and drinking establishments. Fractional fee club units Liquor stores. Personal services and repair shops. Professional offices, business offices and studios, Radio, TV stores, and repair shops. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Theaters. Time-share units. Additional uses determined to be similar tv conditional uses described in this subsection, in accordance with the provisions of section 12-3-~4 of this title. (Ord. 6(2404) § 2: Ord. 3(1999} § 1) Section 12-71-2 PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: C. Conditional Uses: The following uses shall be permitted in basement ar garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Conference facilities and meeting roams. Liquor stares. Lodges acrd accommodation units. Major arcade. Multiple-family residential dwelling units, time-share units, fractional fee clubs units, lodge dwelling units, and employee housing units (Type III (EHU) as provided in Chapter 13 of this Title}. Radio, TV stores, and repair shops. Theaters. 3 Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. (Ord. 6{2000) ~ 2: Ord. 3(1999) § 2} 3anks and financial institutions =sting and drinking establishments Uledical and. dental offices ether professional and business offices 4 Section 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject tv issuance of a conditional use permit in accordance with the provisions of chapter 1fi of this title: Earbershaps, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee club units, lodge dwelling units, and employee housing units {type III {ENU} as provided in chapter 13 of this title). Radio, TV stores, and repair shops. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 1' 2-3-4 of this title. (Ord. 6(2000) § 2: Ord. 3(1999) § 2} 12-10-10: PARKING REQUIREMENTS SCHEDULES: Off street parking requirements shall be determined in accordance with the following schedules: A. Schedule A applies to properties within Vail's '"Commercial Cvre Areas" {as defined on the town of Vail core area parking maps I and II, incorporated by reference and available far "inspection in the office of the town clerk): Use Parking Requirements Dwelling unit 1.4 spaces per dwelling unit Accommodation unit (includes time- ~hare units, f^w^t°c~^^~fee-uni#~, and ~c^;~c h ~ ~.~~+ts Fractional fee club units} 0.7 spaces per accommodation unit -lotels with conference facilities or Heating rooms 0.7 spaces per accommodation unit, plus 1.0 space per 330 square feet of seating flour area devoted to conference facilities or meeting rooms 3.7 spaces per 1,000 square feet of net floor area 1.0 space per 2b0 square feet of seating floor area; minimum of 2 spaces 2.7 spaces per 1,004 square feet of net floor area 2.7 spaces per 1,000 square feet of net floor area Recreational facilities, public ar private Parking requirements to be determined by the planning and environmental commission Retail stores, personal services and repair shops 2.3 spaces per 1,000 square feet of net floor area Theaters, meeting roams, conference facilities 1.0 space per 165 square feet of seating floor area Any use not listed Parking requirements to be determined by the planning and environmental commission B, Schedule B applies to all properties outside Vail`s "commercial core areas" (as defined on the town of Vail core area parking maps I and II, incorporated by reference and available for inspection in the office of the town clerk}: Use Parking Requirements Dwelling unit If gross residential floor area is 500 square feet ar less: 1.5 spaces per unit If gross residential floor area is over 500 square feet up to 2,000 square feet: 2 spaces per dwelling unit If gross residential floor area is 2,000 square feet or more per dwelling unit: 2.5 spaces per dwelling unit Accommodation unit (includes time- share units, #rcn~its, and +~eT.rrmc of der-shin gas fractional fee club units} Banks and financial institutions Bating and drinking establishments Hospitals Medical and dental offices Other professional and business offices Quick service foadlconvenience stares • 0.4 space per accommodation unit, plus 0.1 space per each 100 square feet of gross residential floor area, with a maximum of i.0 space per unit 1 space per 200 square feet of net floor area 1 space per 120 square feet of seating floor area 1 space per patient bed, plus 1.0 space per 150 square feet of net floor area 1 space per 200 square feet of net floor area 1 space per 250 square feet of net floor area 1.0 space per each 200 square feet of net floor area for the first 1,000 square feet of net floor area: 1.0 space per 300 square feet for net floor area above 1,000 square feet 5 Recreational facilities, public or private Parking requirements to be deterrrained by the planning and environmental commission Retail stores, personal services and repair shops 1 space per each 300 square feet of net floor area Theaters, meeting roams, convention facilities 1 space per 120 square feet of seating floor area Any use not listed Parking requirements to be determined by the planning and environmental commission III. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Tawn Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission andlor 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 Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and bacl<ground 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. REVIEW CRITERIA The review criteria and factors for consideration for a text amendment application are estabaished by the provisions of Section 12-3-7, Amendments, Vail Town Code.. 6 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, ` Staff believes this text amendment furthers the general and specifc purposes of the zoning regulations by consolidating the Town Code provisions relating to time share uni#s. Staff believes this wilt facilitate a more effcient and equitable implementation and enforcement of the Town's zoning regulations. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, Staff believes this text amendment better implements the Town of Vail's goals, objectives and policies by consolidating the Town Code provisions relating to time share units. Staff believes this will facilitate a more efficient and equitable implementation and enforcement of the Town's zoning regulations. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and haw the existing regulation is no longer appropriate ar is inappFicable; and, The Town Staff believes the appropriate location within the Vail Town Code far provisions relating to licensing and registration of time share units is Title 4, Business and License Regulations, Vail Town Code; and therefore certain time share provisions currently found in the zoning regulations should be deleted and amended. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives;. and, Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations by consolidating the Town Code provisions relating to time share units. Staff believes this will facilitate a more efficient and equitable implementation and enforcement of the Town's zoning regulations. 5. Such other factors and criteria the Commission andlor Council deems applicable to theproposed text amendment. While the Planning and Environmental Commission has review authority over text amendments to the Town`s zoning regulations, the Commission has no review authority over text amendments to Title 4, Business and License Regulations, Vail Town Code. VI. STAFF RECQMMENDATION The Community i~evelopment t]epartment recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council of a proposed text amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to T certain sectians of the Vail Town Cade, to defne the term "time-share unit" and to replace the terms "timeshare estate units", "fractional fee units", and "timeshare license units" with the term "time-share units", and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment., the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Var`1 Town Council of a proposed text amendment, pursuant to Section 92-3-7, Amendment, Vail Town Code, to certain sectians of the Vail Town Code, to define the term "time-share unit" and to replace the terms "timeshare estate units", "fractional fee units", and "timeshare license units" with the term "time-share units", and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the fallowing findings: "Based upon fhe review of the criteria outlined in Section V this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: t, That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined irr the Vail Comprehensive Plan and is compatible with the develapmerrt objectives of the Town; and 2. That the amendment furthers the genera! and specific purposes of the Zoning Regulations outlined in Secfian 12-1-2, Purpose, Vai! Town Cade; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Tawn in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." • 8 • • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ,: ,• August 22, 2005 '#1:i~ OF VNL' . PROJECT ORIENTATION -Community Developmen# Dept. PUBLIC WELCOME MEMBERS PRESENT Site Visits: MEMBERS ABSENT Ann Gunion 1. Vail Gorp. - 728 West Lionshead Circle 2. Young Residence - 1452 Buffeter Greek Road Driver: George Public Hearing -- Town Council Chambers 12:t}0 pm 2:Q0 pm 1. A request for a worksession to discuss a recommendation to the Vail Town Council far proposed text amendments to Title 11, Sign Regulations; Title 12, Zoning Regulations; Title 13, Subdivision Regulations; Title 14, Development Standards Handbook, Vail Town Code, far proposed corrections and clarifications to the Vai'I Town Code, and setting forth details in regard thereto, Applicant: Town of Vail Planner: Rachel FriedelBill Gibson ACTION: MOTION: SECOND: VOTE: 2. A request for a final review of a major exterior alteration, pursuant to Sections 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditions[ use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 106 multi-family residential dwelling units, located at 728 West Lionshead Gircle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. Applicant: Vail Corp., represented by Torre Braun `'* ,r Planner: Warren Campbell ACTION: ' MOTION: SECOND: VOTE: 3. A request for a finaE review of an amended final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for a resubdivision of Lot 1, Cliffside Subdivision and Lot 5L, Ridge at Vail Subdivision, located at 1452 Buffeter Creek Road, and setting forth details in regard thereto. Applicant: Mike Young Planner. Warren Campbell ACTION: MOTION: SECOND: VOTE: Page 1 4. A request far a recommendation to the Vail Tawn Council of an amendment to the Lionshead Redevelopment Master Plan, pursuant to Chapter 2, Section 2.8, Lionshead Redevelopment Master Plan, to amend the boundaries of the study area to include Evergreen Ledge, located at 250 South Frontage Raad West, Lat 2, Block 1, Vail Lionshead Filing 2, and setting forth details in regard thereto. Applicant: Evergreen Lodge at Vail, represented by HB Development Company Planner: George Ruther ACTION: MOTION: SECOND: VOTE: 5. A request for a final review of a text amendment to Section 12-7A-7, Height, Vail Town Code, pursuant to Chapter 12-3, Amendments, to increase the height limitation for a sloping roof from 48' to 56' in the Public Accommodation zone district, and setting forth details in regard thereto. Applicant: Maurielio Planning Group, LLC Planner: George Ruther ACTION: TABLED TO SEPTEMBER 12, 2005 MOTION: SECOND: VOTE: MOTION: SECOND: VOTE: 6, A request for a final review of a conditional use permit, pursuant to Section 12-78-5, Permitted and Conditional tJses; Above Second Floor, Vaii Town Code, to allow for the operation of a private club, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Remonav & Company, Inc., represented by Knight Planning Services, Inc. Planner: Warren Campbell ACTION: TABLED TO SEPTEMBER 12, 2005 MOTION: SECOND: VOTE: 7. A request for a final review of a variance, from Section 12-6F-6, Setbacks, 12-6F~9, Site Coverage, 12-6F-10, Landscaping and Site Development, 12-fF-11, Parking, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow far a residential addition, located at 4110 Spruce Way/Lot 24, Block 8, Bighorn Addition 3, and setting forth details in regard thereto. Applicant: Michael and Elizabeth Taggart Planner: Matt Gannett ACTION: TAB!_ED TO SEPTEMBER 12, 2005 MOTION: SECOND: VOTE: 8. A request for a recommendation to the Vail Town Council, pursuant,, to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow fora major amendment to Special Development District No. 22, Grand Traverse, modifying the GRFA calculations for the District; increasing the number of lots far the District; and a final review of a minor subdivision, pursuant to Section 13-42, Procedure, Vail Town Code, to modify the size of Lot 5, Amended Final Plat, Dauphinais/Mosely Subdivision Filing 1, a resubdivisian of Lots 5, 6, 7, 8, 9, and 10, and setting forth details in regard thereto. Applicant: Grand Traverse Homeowner's Association, represented by Pat 'Dauphinais Planner: Warren Campbell ACTION: TABLED TO SEPTEMBER 26, 2006 MOTION: SECOND: VOTE: • Page 2 9. A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow far a major amendment to Special Development District No. 22, Grand Traverse, modifying the GRFA calculations far the district; and a final review of a minor subdivision, pursuant to Section 13-4-2, Procedure, Vail Town Code, to modify the sues of Lots 4 ~ 5, Dauphknais-Mosely Subdiviskon Filing 1, and setting forth details in regard thereto. Applicant: Grand Traverse Homeowner's Association, represented by Pat Dauphinais Planner: Warren Campbell ACTION: 1IVITHDRAWN MOTION: SECOND: VOTE: 10. A request for a final review ofi a variance from Section 12-6D-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a new fireplace and chimney, located at 175 Forest Road/Lot 26, Btock 7, Vail Village Fiking 1, and setting forth details in regard thereto. Appkicant: Jack and Karen Ryan, represented by Michael Suman Planner: Elisabeth Eckel ACTION: WITHDRAWN MOTION: SECOND: VOTE: 11. Approval of August 8, 2005 minutes MOTION: SECOND: VOTE: 12. Infiormation Update • Handout 13. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available far public inspection during regular office hours at the Town of Vail Community Development Department, 75 South 1=rootage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for addktional information. Sign language interpretation is available upon request with 24-hour notification. Please calk X970} 479-2356, Telephone for the Hearing Impaired, for knformation. 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