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Home My WebLink About2005-0926 PEC~_J • • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING September 26, 2405 PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME '12:00 pm 1. Staff memorandums were discussed with Commission members; no direction given_ MEMBERS~P'RESENT Doug Cahill Anne Fehlner-Gunion Bi11 ,~ewitt George Lamb MEMBERS ABSENT David Viele Rollie Kjesbo Chas Bernhardt Site Visits: No site visits Public Hearing -Town Council Chambers 2:00 pm ~. A request for a final review of a flood plain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for grading within the floadplain for a new water intake facility, ~oe~ted at 534 South 1=rontage Road, Ford Park/unplatted, (a mare complete metes and bounds description is available at the Community Development Department}, and setting forth details in regard. Applicant: Town of Vail and Eagle River Water and Sanitation District, represented by Mauriello Planning Group Planner: Bill Gibson ACTION: Approved with conditions MOTION: Jewitt SECOND: Lamb VOTE: 4-0-0 CONDITION(S): 1. The applicant shalt submit a stamped Improvement Location Certificate and topographic survey, verifying the "as-built" conditions of the subjec# site to the Town of Vail Community Development Department for review and approval, prior to Town of Vail final construction inspection. 2. The applicant shall comply with the requirements of all applicable local, state, and federal permits and approvals, 3. The applicant shall coordinate the construction schedule for this proposal with the State of Colorado Division of Wildlife. Bill Gibson gave a presentation per the staff memorandum. Dominic Mauriello further explained the extent of the project, and stated that there would be na significant impact to the flaadplain. Linn Schorr, Eagle River Water and Sanitation District, verified that the entire construction period would last no 6onger than six weeks. George Lamb asked about the status of Army Corps approval, which was stated to be in prbeess. Page 1 Doug Cahill asked about the size of the above grade structures, which was verified to be 42 inches tall and 90 inches wide. There was no public comment. 2. A request for a final review of a flood plain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Cade, to allow for grading within the floodplain for a new water intake facility, located at 1600 South Frontage Road, Donovan Park lower bench! unplatted {a more complete metes and bounds description is available at the Communi#y Development Department), and setting forth details in regard. Applicant: Town of Vail and Eagle River Water and Sanitation District, represented by Mauriello Planning Group Planner. BiH Gibson ACTION: Approwed with conditions MOTION: Dewitt SECOND: Lamb VOTE: 4-0-0 1. The applicant shall submit a stamped Improvement Location Certificate and topographic survey, verifying the "as-built'° conditions of the subject site to the Town of Vail Community Development Department for review and approval, prior to Town of Vail final construction inspection. 2. The applicant shall comply with the requirements of all applicable local, state, and federal permits and approvals. 3. The applicant shall coordinate the construction schedule for this proposal with the State of Colorado Diwision of Wildlife. This item was reviewed concurrently with agenda item #1. 3. A request for a final review of a conditional use permit, pursuant to Section 12-71-5, Vail Town Code, to allow for a public utility and public service use, located at 862 South Frontage Road {Vail Resorts Maintenance Site}lunplatted, and setting forth details in regard thereto. Applicant: Xeel Energy, represented by AI Morganfield Planner: Matt Gennett ACTION: Approved MOTION: Dewitt SECOND: Lamb VOTE: 4-0-0 Elisabeth Eckel presented the project according to the staff memorandum. AI Morganfield, Excel Energy, presented an overview of the proposal.. Commissioner Lamb noted the similarities of this proposal to the gas regulation shed on the gaff course. Gommissioner Cahill asked Mr. Morganfield to describe haw the structure would be protected from vehicles. There was no public comment. 4. A request for a recommendation to the Vail Town Council, pursuant to Section. 1~-9A,10, Amendment Procedures, Vail Town Code, to allow fora major amendment to Specie[ Development District No. 22, Grand Traverse, modifying the GRFA calculations for the District; Page 2 ' increasing the number of lots for 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, DauphinaislMosely Subdivision Filing 1, a resubdivision 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 Amendment to SDD Mo. 22, Grand Traverse ACTION: Recomrnendatian of approval MOTION: Dewitt SECOND: Lamb VOTE: 4-0-0 'lUlinor Subdivision ACTION: Approved with candition~sj MOTION: .lewitt 51=C4ND: Lamb VOTE: 4-0-0 CONDITIONS}; 1. That the .applicant not retard the proposed plat. ,Amended Final Plaf: A Resubdivisian of Lot 5. Amended Final Plaf: Dauphinais-Moseley Subdivision Filing 7: A Resubdivisian of Lofs 5. 6. 7. 8. 9. and 70. until bath readings of an ordinance to amend SDD No. 22, Grand Traverse, without GRFA limitations has be adapted by Town Council. If an ordinance to adopt SDD No. 22, Grand Traverse, without GRFA limitations is not approved by Town Council that a GRFA limitation an the new Lot 5 and 7 will be 3,157 square feet far each lot and the SDD will be amended and adapted according to Town of Vail Code. 2. That the applicant revise the title of the plat to state Amended Fina! Plat: A Resubdivisian of Lot 5. Amended Final Plaf: Dauphinais-Maselev Subdivision Filing 7: A Resubdivisi©n of Lofs 5. 5. 7. 8. 9. and 10 and replace the Tawn Council signature block with the correct Planning and Environmental Commission signature black prior to submit#ing the mylar copies for retarding. Warren Campbell presented the project according to the memorandum. Pat Dauphinais, the applicant, reiterated the request and expressed that the Staff memorandum was very detailed and thorough. Chuck Baker, a homeowner, expressed the desire to be able to do with his home (within the Grand Traverse} what others have been able to do within his subdivision. He commented that the changes that had been made to the GRFA regulations were not applicable to homeowners within the Grand Traverse subdivision. The Commissioners voiced support for both applications. They felt that the SDD had sufficient regulations (building height, setbacks, site coverage, garage orientation, and architec#ural controls) contained within the document to control the bulk, mass, height, and character of the structures which remained to be built and any additions to existing structures, Several members expressed concern that if GRFA was eliminated for the Town as a whole, more control would need to be given to the Design Review Board to advise homeowners and architects regarding design (bulk and. mass, box-like structures). George Lamb specifically commented that he has always been an advocate of simplifying GRFA regulations. The governing aspects of home size should be setbacks and site coverage (perhaps a variable measurement, based on lot size), making this issue an ideal scenario for determining how effective those governors would need to be in the event that GRFA was eliminated far the Town as a whole in the future. Page 3 5. A request far a final review of a major exterior alteration, pursuant to Section 12-7H-1, Exterior Alterations or Modifications, Vail Town Cade, 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 Tawn Cade, to allow for the development of 1fl6 multi-family residential dwelling units (Ritz-Carlton Residences), located at 728 West Lionshead CirclefLot 2, West Day Subdivision, and setting forth details in regard thereto. Applicant. Vail Corp., represented by Braun Associates, Inc. Planner. Warren Campbell ACT10N: Talaled to October 10, 2005 MOTION: Iramb ~ SECOND: Dewitt VOTE: 40-0 Warren Campbell gave a presentation per the memorandum.. Jay Peterson, representing the applicant, further presented the changes that had been made to the proposal since the previous PEC hearing. Bob Fitzgerald, the applicant's architect, presented three options (scenarios) of the proposal which addressed the Commission's concerns in different manners. Option A was the initial building presented on September 12~"'. Option C reduced the landmark tower to 124 feet in height, eliminated the mechanical screening and reduced the flat-roofed areas of the structure. Option B was a hybrid between Options A and C, which depicted the landmark tower at a height of 12fl feet, reduced the mechanical screening on the main ridge, and reduced the flat-roofed portions of the building. Jay Peterson pointed out that the Lionshead Redevelopment Master Plan paid little attention to rooftop mechanical equipment other than stating that it should be screened. Bill Dewitt commented that Option B was preferable to Option C. While the maximum height is being exceeded in Option B, at least additional head height would not result as it does in Option C. He commented that perhaps screening elements should be considered when dealing with maximum height calculations were performed to determine average height. He stated that he would be more comfortable if there was a more specific regulation within the Master Pian addressing mechanical equipment and the screening thereof. Russ Forrest responded that it would be wise to consider the nature of the screening element, regarding whether ar not it creafed a ridgeline or not. Jeff Winston asked about the height overage within Option B which was verified to be between two and six feet higher than the maximum allowable height with six or eight inches between the ridge and the mechanical equipment on the inside. The screening roof was designed to appear mare as a screen than as a roof. Frarn an architectural standpoint, a pattern was desired for the smaller roof (all questions answered by 4240}. Jeff Winston also queried about whether this is a screening method that could be applied to the remainder of the Tawn. Jeff suggested devising a number that represents the amount of flat roof proposed {say, 2fl°J°) and #hen having the architect work with that standard instead of the 5Qfl square foot maximum flat roof requirement. Anne Gunion commented that enough regulations, or safeguards, were in place to insure that mechanical screening abuse would not occur on other projects as they would need to pass PEC and DRB review. Commissioner Gunion suggested that flat roofs be viewed as options far other uses, such as rooftop terraces, etc, which can be used extremely effectively. She concluded by suggesting that perhaps a "cascading roof effect" could be integrated at the southeast elevation as well as it was incorporated into the southwest elevation. Page 4 ' Gil McNeish, ,representing Vail Spa, commented that the existing codes and master plans were already being used by the developer for basic guidance in this development. He expressed some concern that the development was not being viewed in the context of other neighboring buildings. He encouraged the Town to evaluate this proposal by placing more emphasis on creative solutions than code directives. He also expressed some concern regarding views to thje mountain which would be impacted by the new development. Jim Lamont, Vail Village Homeowners, commented tha# it would be gaud for the Town to have the proposal rendered digitally into the, overall digital model for Lionshead. Jay Peterson inquired whether other issues should be reviewed by the applicant prior to the next meeting. George Lamb answered that much progress had been made with the tower element. He added that he did feel confined, as a member of the Planning Commission, by the 82.fi foot height requirement. Doug Cahill requested to see examples of the transparent material proposed far the roof form. Changes to the tower height were good, he agreed. fi. A request. for a woricsession 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 Tawn Cade, for proposed corrections and clarifications to the Vail Tawn Code, and setting forth details in regard thereto, Applicant: Tawn of Vail Planner: Rachel Friede ACTION: Tabled to October 10, 2005 (1AOTiON: Lamb SECOND: Jewitt VOTE: 4-0-0 7. A request for a final review of a variance, from Sections 12-6F-8, Density, and 12-6F-11, Parking, pursuant to Chapter 12-17, Variances, Vail Tawn Code, to allow for a residential addition, located at 411 Q Spruce Way/Lot 24, Block 8, Bighorn Addition 3, and setting forth details in regard thereto. Applicant: Michael and Elizabeth Taggart Planner: Matt Gennett ACTION: Tabled to October 10, 2005 MOTION: Lamb SECOND: Jewitt VOTE: 40-0 8. A request for a final review of a conditional use permit, pursuant to Section 12-7B-5, Permitted and Conditional Uses; Above Second Floor, Vail Tawn Code, to allow for the operation of a private club, located at 333 Hanson Ranch RoadlLot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Remanav & Company, inc., represented by Knight Planning Services, Inc. Planner: Warren Campbell ACTION: Tabled to October 10, 2005 hAOTION: Lamb SECOND: Jewitt VOTE: 4-0-0 9. A request for a finaE 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 5fi' in the Public Accommodation zone district, and setting forth details in regard thereto. Applicant: Mauriello Planning Group, LLC Planner: George Ruther Page 5 ACTION: Tabled to October 10, 2005 MOTION: Lamb SECOND: Dewitt VOTE:4-~D-0 10. A request for final review of a final plat, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to allow for 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 for 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 Deviations 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 Circlet 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: Bill Gibson ACTION: Tabled to October 10, 2005 MOTION: Lamb SECOND: Dewitt VOTE: 4-0-0 11. 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. Applican#: Town of Vail Planner: Bill Gibson ACTION: Tabled to October 10, 2005 MOTION: Lamb SECOND: Dewitt VOTE: 40-0 12. A request for s final review of a variance, from Section 12-6D-6, Setbacks, and Site Coverage, 12-6D-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for construction of a garage, located at 1771 Alpine DrivelLot 38, Vail Village West Filing 1, and setting forth details in regard thereto. Applicant: Susan Bird Planner: Elisabeth Eckel ACTION: Tabled to November 28, 2005 MOTION: Lamb SECOND: Dewitt VOTE: 40-0 13. Approval of September 12, 2pD5 minutes ACTION: NO ACTION DUE TO LACK OF QUORUM 14. Information Update 15. Adjournment ACTION: Adjourned at 4:20pm MOTION: Dewitt SECOND: Lamb VOTE: 40-0 • • The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2135 for additional information. Sign language interprets#ion is available upon request with 24-flour notification. Please call (97Qj 479-2356, Telephone for the Hearing Impaired, for information Community Development Department Published September 23, 2005,. in the Vail Daify. • Page 6 MEMORANDUM Td: Planning and Environmental Commission FRDM: Community Development Department DATE; September 26, 2005 SUBJECT: A request for a final review of a floodplain modification, pursuant to Chapter 'I4-6, Grading Standards, Vaii Town Code, to allow for grading within the floodplain far a new water intake facility, located at 530 South Frontage Road, Ford Parklunplatted, and located at '1600 South Frontage Road, Donovan Park lower benchlunplatted (a more complete metes and bounds description is available at the Community Development Department), and setting forth details in regard. Applicant: Eagle River Water and Sanitation District and the Town of Vail, represented bythe Mauriello Planning Group Planner. Bill Gibson I. SUMMARY The applicant, Eagle River Water and Sanitation District (ERWSD) and the Town of Vail, represented by the Mauriella Planning Group and Hydrosphere Resource Consultants, Inc., is requesting approval of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for grading within the floodplain for a new raw water intake facility at Ford Park and Donovan Park. Based upon Staff s review of the criteria in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the requested floodplain modification, subject to the Endings noted in Section VI I of this memorandum. II. DESCRIPTION OF REQUEST The applicant is proposing to modify the Gore Creek floodplain to allow for the installation of new raw water intake facilities at Ford Park and Donovan Park.. A vicinity map has been attached for reference (see Attachment A}. These proposed water intake facilities will allow the Town of Vail to irrigate Ford Park and Donovan Park with water directiyfrom Gore Creek ratherthan with treated potable water from the ERSWD. The proposed facilities in these two locations consis# of a headwall, wet well, pumping equipment, and piping. A more complete description of the applicant's request and engineered plans for this proposal have been attached for reference (see Attachments ~B and C}. Also attached for reference is a floodplain assessment prepared by Hydrosphere Resource Consultants, which concludes that "There will be no adverse impacts to adjacent properties ar measurable increase in the quantify or velocity of flood paters."(see Attachment D}.. Additionally, the applicant's submittal to the U.S. Army Corp of Engineers has also been attached far reference (see Attachment E). This submittal includes a detailed description of the proposal and construction techniques. It also includes an environments[ impact analysis.. This analysis highlights the positive impacts of this proposal on the ground water; 1 no impacts to endangered species; no impacts to trout spawning; the use of "best management practices" construction techniques; and the proposed cleanup, revegetation, and mitigation methods. III. BACKGROUND The applicant has requested U.S. Army Corp of Engineers authorization for this proposal {see Attachment E). The Town of Vail 1=loodplain Coordinator has approved this proposal and agrees with the technical analysis provided by Hydrosphere Resources Consultants, dated September 12, 244b, states that "There wilf be no adverse impacts to adjacent properties or measurable increase in the quantify or velocity of flood vueters."(see Attachment F). IV. ROLES f)F REVIEWING BODIES Planning and Environmental Commission: The Planning and Environmental Commission is responsible for final approvalfapproval with conditiansldenial of a floodp1ain modification application. Design Review Board: The Design Rewiew Board has no review authority of a floodplain modification, but may review any accompanying Design Rewiew application. Town Council; Actians of Design Review Board or Planning and Environmental Commission may be appealed to the Tawn Council or by the Town CaunciL Town Council evaluates whether or not the Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations (Title ~ 2. Vail Town Codel, Section ~2-21-14E, HAZARD REGULATIC}NS, DEVEL©PMENT RESTRICTED (in part) E. The Administratormay require any applicant orperson desiring to modify the flood plain by fill, construction, channelization, grading, orothersimilarchanges, tv submitforreviewan environmental impact statement in accordance with Chapter 92 of this Title, to establish that the work will not adversely affect adjacent properties, or increase the quantity or velocity of flood wafers. 2 • Town of Vail Development Standards Handbook (Title 14. Vail Town Code) Chapter 14-6, GRADING STANDARDS (in part) Flaodplain Standards: No grading is permitted in the 100-year flovdplain withauf Planning and Environmental Commission approval. !f an applicant wishes to grade into fhe 700-year flaodplar'n, an enviranmenfaf impact report is required. The environmental impact report shall include impacts to vegetation, riparian areas, appropriate hydraulic engineering calculations to show na increase in water surface profile and velocify, as well as sfafing that (here will be na adverse impacts fa adjacent praperties. No permanent improvements shall be constructed within 7' of fhe floodplain line. The floodplain line shall be determined by a registeredprofessional land surveyarby platfing the appropriate elevation of fhe floodplain on a maximum 1 "20't©pographic 2' confourmap using fhe adopted Town of Vai! flood profiles {the Federal Emergency ManagemenfAgency Flood Insurance Study). The topographic survey shall reveal the method fordeterminng the starting point and the sfarfingelevafion for the floodplain delineation. A site specific sfudy performed by a Professional Engineer per FEMA guidelines and approved by the Tawn of Vail and FEIvfA maybe required. VI. CRITERIA AND FINDINGS A. The Planning and Environmental Commission shall consider the foliowina criteria .. _. when reviewing an apolication for a modification to the floodplain: 1. The proposed floodplain modification will not increase the quantity or velocity of flood waters. The technical analysis prepared by Hydrosphere Resources Consultants, dated September 12„ 200, states that "There will be no adverse impacts fa adjacent properties or measurable increase in the quantify or velocity of flood waters," (see Attachment D}. The Tawn of Vail Fooodplain Coordinator has reviewed this analysis and agrees with its conclusions see Attachment F}. 2. The proposed floodplain modification will not adversely affect adjacent properties. The technical analysis prepared by Hydrosphere Resources Consultants, dated September 1 Z, 24f3~, states that "There will be na adverse impacts to adjacent properties or measurable increase in the quantify or velocity of flood waters." (see Attachment D}. The Town of Vail Floodplain Coordinator has reviewed this analysis and agrees with its conclusions r;see Attachment F}. 3. Such o#her factors and criteria as the commission deems applicable to the proposed variance. • 3 The environmental assessment prepared by Hydrosphere Resources Consultants as part of the U.S. Army Corps of Engineer's application does not identify any negative affects of this proposal on the environment. Staff believes this proposal will reduce demands an the ERINSD's potable water supply and will provide a mare cost effect irrigation method for the Town of Vail's park system. B. The Plannina and Environmental Commission shall make the followina findinas _. before aoarovina a flaodolain modification; 1. The proposed floodplain modification will not increase the quantityorvelocityof flood waters. 2. The proposed #]oodplain modification will not adversely affect adjacent properties. VII.. STAFF REC(7MMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves, w#h conditions, the proposed floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code to allow for grading within the floodplain for a new water intake facility, located at 530 South Frontage Road, Ford Parklunplatted,ond located at 160a South Frontage Road, Donovan Park lower benchlunplatted. This recommendation is based upon the review of the criteria outlined in Section VI ofi this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this request; the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request fora floodplain modification, pursuant fo Chapter 94-8, Grading Standards, Vail Tawn Cade, to allow forgrading within the floodplain fora new waterinfake facility, located of 530 South Frontage Road, Ford Park/unpfatted, and located at 1800 South Frontage Road, Donovan Park lower benchl'unplatted, and setting forth details in regard.; subject to the following conditions: 1. The applicant shall submit a stamped Improvement Location Certifcafe and topographic sr~rvey, verr`fying the "as-built"conditions of the subject site fo the Town of Vail Community Development Department far review and approval, prior to Town of Vail final construction inspection. ~. The applicant shall comply with the requirements of all applicable local, state, and federal permits and approvals. 3. The applicant shall coordinate the construction schedufe farthis proposal with the State of Colorado Division of Wildlife." r~ u Should the Planning and Environmental Commission choose to approve this request, the Community Development department recommends the Commission makes the following findings: "The Planning and ,Environmental Commission finds: 9. The proposed tloodplain modification will not increase the quantity or vel©city of flood waters, based upon the tecfanicaf analysis prepared fay Hydrosphere Resources Consultants dated September 92, 2005. 2. The proposed fToodplain rnodifrcation wif! not adversely affect adjacent propertr`es, based upon the technical analysis prepared by Hydrosphere f~esources Consultants dated September 72, 2005. 3. The proposed floodplain modification will not have an adverse affect on the environment, based upon the environmental assessment prepared as partof the (J. S. Army Corp of Engineer's application dated August 75, 2005.,, VIII. ATTACHMENTS A. Vicinity Map B. Applicant's Letter of Request C. Proposed Engineered Plans D. Hydrosphere Resource Consultant's floodplain analysis E. Hydrosphere Resource Consultant's submittal to U.S. ArmyCorp of Engineers F, Town of Vail Floodplain Coordinators approval G. Public Notice r 5 ~`n r 0 ~' e Attachment: B 1 1 Mauriella Planning Group August 26, 2005 Planning and Environmental Commission Town of Vail 75 S. Frontage Road Vail, Colorado S 1657 Re; Request to Grade within the Floodplain Dear Commissioners: Mauriello Planning Group, LLC has been retained by the Eagle River Water and Sanitation District who is working together with the Town of Vail to install raw water intake facilities at Fard Park and Donavan Park, The proposal is to install facilities to allow the T~awn of Vail to utilize water directly from the Gore Creek for irrigation of the park grounds rather than using treated water. This change will allow bath the Town and the District to operate mare efficiently and cast effectively. Potable water will continue to be provided far domestic use. Additionally, the connections to the potable water system will continue to exist an the property as a back- up system. In order to construct the proposed raw water intake system and piping, there must be minimal grading of land within the floadplain. A pipe and pump facilities will be installed at both locations to draw water from Gore Creek, The floodplain will be excavated to install the pipe and then regraded back to the natural condition with little modification to the floodpIain. The disturbed area will be properly managed for erosion and sedimentation control and will be reseeded with. native grasses and wildflower as necessary far restoration. of the site. We have included a letter we have submitted to the Army Corps for impacts to any potential wetlands. Included with this application are plans which fully detail the extent of the improvements. Si ely i c uriello, AICF Principal • • ~s~ sooz sl~~rc 5^°:~ a~„,3~ attachment. 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The structures will divert raw water from Gore Creek for the puzpase of irrigating outside landscaping at two existing parks in the Town of Vail, One structure will be Ideated at Ford Park and the other will be located several miles downstream at Donavan Park. Both structures will use a very similar pump type diversion, which consists basically of a headwall, a vet well, pumping equipment and ancillary facilities. Part of each facility is, by necessity, located within the mapped 100-year flood plain of Gore Creels. The final design plans far both facilities described configurations where the proposed grade essentially match the existing grade in very localized areas of disturbance, thereby resulting in no adverse impact to adjacent properties or measurable increase in the quantity or velocity of flood waters. Aqua Engineering completed final designs for these two facilities. The details of flood plain encroachaxlent and the resulting impact on the 100-year flood reflected by the final designs are described in the follo~~~ing paragraphs, far each Location separately. Drawing Sheet IR-1 attached shawl a profile through the diversion proposed for Ford Park. Tl~e following qualitative evaluation is based on this profile. Minor ground surface modifications are proposed at this location. The maximum change in slope gradient due to fill is a reduction iz~ flow area of approximately 3.0 square feet caused by the exposed edge of the proposed wet well, This edge varies from 0 - 1.5' above the existing ground over a 3-foot horizontal distance. This small obstruction is about the size of a single 2- faot diameter rock. The maximum change in slope gradient due to cut would result in an increase in flow area of approximately 11.0 square feet caused by steepening of the slope above "the tivet «~ell. This slope steepening varies from 0 - 2.0' below the existing ground over a 10-foot horizontal distance. This localized cut and fill essentially replicates the existing grades at this site; reduces conveyance less than 1.5 °'o between elevation 818$.5' Policy Analysis Engineering • Er~vironmenta] Assossrnent lnlormaticns Systems 1 p02 bVainut, Suite 200 Borzldcr, Cal©rado 8030°~ U.S.A. (303) 443-7839 TeIeFax (303) 442-06I 6 P. C7. Box 445 Socorro, l~e~v Mexico 8780 t U,S.A. • (505} 835-255 ~'~elel=ax (5©5i 835-2609 Mr. Marty Golernbiewski September 12, 2005 Page 2 and 8190.0' and increases net conveyance a small amount at ail elevations above elevation $191.0. The impact on 100-year flooding conditions caused by this proposed construction will be insignificant. There will be no adverse impact to adjacent properties or measurable increase in the quantity or velocity of flood waters. Drawing Sheet IR-2 attached shows a profile Through the diversion proposed for Donovan Park. The following qualitative evaluation is based on this profile. Minor ground surface modifications are proposed at dais location. The maximum change in slope gradient due to fill is a reduction in flow area of approximately 1.5 square feet caused by the exposed edge of the proposed wet well. This edge varies from 0 - 1.0' above the existing ground over a 2-foot horizontal distance. This small fill is about the size of a single 1-foot diameter rods. The maximum change in slope gradient due to cut is an increase in flow area of approximately 10.5 square feet caused by steepening of the slope above the wet well. This slope steepening varies from 0 - 1.7' below the existing ground over a 10-foot horizontal distance. This localized cut and fill essentially replicates the existing grades at this site, reduces conveyance less than 1.0% between elevation 7962.5' and 7963.5' and increases net conveyance a small amount at all elevations above elevation 7964.0'. In addition, the site of the intake is located in the ineffective flow area downstream of the bridge, which means that none of the proposed construction activity will impact flood conveyance. The impact on 100-year flooding conditions caused by dais construction will be insignificant. There will be no adverse impact to adjacent properties or measurable increase in the quantity or velocity of flood waters.. Please feel free to contact me at (343) X43-7839 or dri@hydrosphere.com, if you have any questions or need any additional information. Sincerely, Hydrosphere by: , D glair'`] Enclosures Consultants, Inc. cc: Todd Qppenheimer Dominic Mauriello • • • Hydrosphere Resource Consultants, Tnc., 1002 walnut street, Suite 200, Boulder, CQ &0302 wpi5N3b Slid ~C3KJ3bJ axv :r,~vba rh ~03r+7i~]® O Q :a uo~~eg u~a~s+Sg tlu~nd -~ ~a~~~~n'm e~= ~.~'": BEd P~o~ :~~e~ ~o umol ",» ~~i,l~sip uoi~e~rueg pue ~ale,~, Janis{ a~~e3 '3u~ '6ui.laaucCu~ er~by ~u z~ u~ w wo z ~ ~,, ~ c~ a ~ z „ w w ,~ Y ~ w,~ Qw ~ o ~~ ~~~ Q~ '~ZJ r ~' ~~ m ~ ~ ~ 4 ~ ~ W ~ Z W ~flZ~ ~_ flz~H~(n D- LJ Z OJ~~s~~ Vi=a ZZ ZC]Z-Q ~ r ~ ~ ~1-f~H W W C ] d ~ ~~ _IQG' r ~~ o W~o~in iYO~w[~ J ~ U (nOO~Q~ W ~ J ~ ~aQ~r~a o~~,~~~ . D O ~ Q~~~aWr UT~'~~L~JWx m ~ Q ¢ ~ U X '-~ wi~wQm~u~ ~~~doUw zz~`!-u~,N OO~;QCtn~ ~~Z~~~~ CJU¢ G~- ~'uu~C7wx~ ~cJ')L'i.,OCCwC9 ~ ~ (y r"J v ill l -~J! 133H5 SO% t/`6 ~31VG 0 _o II W N /^~ ~..J~ U W • N06w3a sn~ ~a3r331~ dsr uxma f'TI =03fCk53d uoiy~ag wa;sus dwnd ~-~a°:~; ~~; ~z;,~.:. ~ Z-~ti =133N5 ~~Ed uenouop :~ie,ry;o unnol •~»~.^.». ~u;s~4 u~oXeuue~ pue as;ems ~ani~ a~6e~ '~u9 `6uuaaui6u~ enby ~ cp-ZD-6 ~3Fa0 • z `.. G Z 4 r W LJ r Q r ~~ 4! Z ~ d ~ - 4 ~ 2 U -. F :a ~, Zr rv~ ~~ ~~ Z H L ~ z ~, LL ~~ z~ ~z ¢a _~ m~W p 3 Z ,DLO O Z y-~ nom. ¢ U ~ Z O ~y r~'C G p LiJ Ct p ~~~ 7 ~ ~~Z p cn ~ p ~o~ Z ~ U ~3~ ~~ wG~ U~ V 4 d ~~X~~ W J Li] ~ ?C 7?fir 2ZN~ aoz - ,.,. F=- ~ ¢ o ~}U~- ~ e.,.:~ w LL lY LJ~ ~ ~ ~ ~ N ~ O O 18 1..1. 1..~ {^'~ f~ I~`1y~'p !v !^1 ~f~J i/ ~: ~. e on~ripu,]0 "' w ua o -i In a vwptw;aq ~ ~1sa o\oSMU]\~ Attachment: E • ~ HYHROSPHERE Resource Consultants August 15, 2p05 Mr. Mark Gilfillan U.S. Army Corps of Engineers 4p2 Rood Avenue, Room 142 Grand Junction, C© 81Sp1-2563 RE: Donovan and Ford Parks Raw Water Irrigation Intake Structures Dear Mark: The Town of Vail and the Eagle River Water and Sanitation District (ERWSD) are planning to construct two small raw water diversion structures on Gore Creek for in-igation at Ford Park and Donovan Park in the Town of Vail. These parks are currently irrigated with treated water from the ERVVSD water supply system. This project will not result in any change in the amount imgated area at these parks and there will be no change in the amount of water used or consumed. On behalf of the Town and the ERWSD, I would like to request your authorization to proceed with the construction of this project under the applicable Nationwide Permits. This letter provides the required notification and documentation for Nationwide Permit verification including the purpose and need for this project, the manner in which the project will be carried out, and the construction best. management practices to be employed to mininuze water quality and riparian impacts. Applicants Eagle River 'Water & Sanitation ]district 846 Forest Road Vail, COS 1657 Martin Golembiewski, Project Manager Phone: X970) 477-5447 Fax: (970) 476-4089 Email: m~olerl~biewski~;erwsd.or • Policy :°.nalysis Engineering Environmental Assessment tnforrna[ion Systems 1 U02 w'ainut, Suite 200 >3oulder, Colorado 843U2 ZJ.S,,~. (343) 443-783U TeleFax (3U3) 442-4G l Oi P.U. t,ox 44~ • Socorro, New \-t~xiCO S7SOl U.S.,~. . {505) 835-2550 • TeleFax {505} 835-209 t'VIr. Mark Gilt llan Town of Vail 1309 Elkhorn Drive Vail, CO 81657 Todd Openhiemer Phone: (970} 479-2161 Fax: (970) 479-2166 Email: TOr~bea~heilner~7i.vaill7ov.com Agent Robert M. Weaver Hydrosphere Resource Consultants, Inc. 1002 'Walnut, Suite 200 Boulder, Colorado $0302 phone: (303} 443-7839 fax: X303} 442-0616 email: rweaver~a,hvdrosnhere.com Location of Project • The locations ofthe two diversions in the Town of Vail are shown on the attached Location Map (Figure 1 }, Donovan Park is located to the north of Gore Creek approximately 0.65 mile east of the West VaiUI-70 interchange (Exit No. 173). Ford Park is located to the north of Gore Creek approximately 0.75 miles east of the main VaiUI-70 interchange (Exit No. 176). Both parks are similarly positioned between the South Frontage Road and Gore Creek, and both are clearly visible from I-70 and the South Frontage Road, Donovan Park iJSGS Quadrangle: Vail West, Colo., Section 12, Township SS, Range 81W Latitude: 39.6336° N Longitude: -106.41 ° W Fard Pariz USGS Quadrangle: Vail East, Colo., Section 8, Township 55, Range SOW Latitude: 39.6394 N Longitude: -106.364 W August 15, 2005 Page 2 Hydrosphere Resource Consultants, Inc., 1002 R'alnut, Suite 200, Eoulder, CO 80302 Mr. Mark Gilfillan August I5, 2005 Page 3 Purpose and Meed for the Project Donavan Park is owned and managed by the Town of Vail. Ford Park is owned by the Town and managed by the Vail Recreation District and the Betty Ford Alpine Garden. Both. parks are currently provided treated potable water by the ERWSD for outside vegetation irrigation and domestic consumption consisting primarily of drinking fountains and rest room facilities. lUlost of the water use at Ford and Donovan Parks is for irrigation of outside vegetation during the summer, which does not require potable water. Water usage at Ford Park averages about 26.4 acre-feet per year for irrigation of 13.1 acres of turf grass and gardens. At Donavan Park water usage averages 7.2 acre-feet per year for irrigation of about 4 acres of turf grass and native grasses. The primary sources of supply for the ERWSD domestic water system are several alluvial wells located adjacent to Gore Creek at the Vail Golf Course, approximately 1.2 zx>iles upstream from Ford Park and 4.5 miles upstream from Donovan Park. The delivery of potable water to these parks for irrigation results in increased costs associated with pumping, water treatment, and water supply system infrastructure. The construction of the proposed irrigation diversion facilities will substantially reduce demand on the ERWSD treated water system and the casts of irrigation crater far these parks. In addition, the amount of water currently diverted from Gore Creek at the Vail Golf Course wells will be reduced by 33.6 acre-feet per year. This water will stay in Gore Creek downstream to the raew paints of diversion, providing benefits to instream flows, water quality and aquatic life in the 4.5 mile stream reach between the Vail Golf Course and Donovan Park. Description of Proposed Work Sheets F-1 and F-3 attached, are site plan schematics far Donovan Park and Ford Park, respectively, with inset photographs showing the locations of the proposed new imgation diversion facilities. The components and layout of the diversion facilities and the work associated with their installation wil] be similar at both sites. The facilities to be installed at each site consist of the following: 1. A submerged intake pipe with headwall and trash rack at the edge of Gore Creek.; 2. Flow control via an isolation valve and valve box (headgate} consisting of a buried valve and valve box set back from the streambank on the gravity intake PiPe~ 3. Flow collected in a buried precast wet well containing submersible raw water pumps set back approximately 20 feet from the stream bank; and 4. A small surface filter and control enclosure set back about 25 feet from the wet well (above the 100-year flood level}. Hydrosphere Resource Consultants, loc., 1002 Walnut, Suite 2p0, Boulder, Co 80302 Mr. Mark Gilf Ilan August 15, 2005 Page 4 A typical section view of the intake facility layout is spawn an Sheet F-5, attached. The following description of the proposed work focuses an features of the proposed project that are within ar immediately adjacent to waters of the United States. The work related to switching aver the distribution piping and isolating the raw water from the treated water systems will all be located outside and above the riparian corridor of Gore Creek and is not further described herein. The work at each site is very simple and short in duration, involves the use of readily available materials/equipment, and conventional construction techniques. To minimize the extant and duration of construction impacts, all material, Iabar and equipment Headed for construction of major features, which involve surface disturbance, will be on-site and prepared for completion of the work without internzption. Items that involve site access and have only minor site impact, such as installation of internal equipment, will occur. subsequently. The sequence of work and construction best manageament practices to minimize impacts to Gore Creek and adjacent areas are summarized below. It is important to note that the construction contractor may recommend modifications in the anticipated sequence of work and construction approach. The contractor will not be permitted to implement any modifications that would increase the impacts described in this letter without prior authorization from the Corps of Engineers. 1. Mobilization of personnel and equipment -This includes construction staking, clear marking ofutilities and other items to remain undisturbed and marking of construction limits. AlI material needed for construction will be delivered to the site and stored in a nearby area outside of the stream corridor. Silt fencing and erosion control logs will. be placed to both isolate the construction area from areas Hat to be disturbed and to protect any disturbed site material or imported construction materials from erosion. Equipment access to and from the site will be routed frozx~ above the Creek. Equipment will operate from the top of the bank to th.e extent possible, and na equipment will operate from within the Creek. 2. Site preparation ~- This would consist of the protection of existing features to remain undisturbed, preparation of work platforms and areas, stripping and stockpiling of topsail that is suitable for re-use, and temporary relocation of site features as necessary to facilitate construction access and the construction itself. 3. Iiatake construction - A small amount of bed and bank material will be excavated from the edge of the stream and the streanibank, approximately 5 X 5 feet in plan area and three feet deep, removing approximately two cubic yards of material from the Creek.. Approximately one cubic yard of bedding material will be placed in the excavation to support the pipe and headwall. A short section of pipe with an attached pre-cast headwall will be placed in the excavation and backfilled with suitable granular excavated material or select imported backfill. The time required far instream excavation and installation of the intake structures will be less than one-day at each site. Hydrosphere Resource Consultants, Inc., 1{102 Walnut, suike 2010, Boulder, Co $0302 Mr. So7ark Gilfillan August 15, 2005 Page S Fine grading of the bank, including replacement of the existing rock and streambed cobble material at Donovan Park and replacement of riparian vegetation at Ford Park, will complete the installation of the intake structures. The remaining pipe and isolation valve will then be installed to connect the intake to the precast wet well. Tlae trenches for installation of the pipe will be excavated to a depth of 4 to 8 feet below the ground surface, with a bottom width of about 3 feet. After installation of bedding material and the i 8-inch pipe, the trenches will be backfilied using suitable excavated material. Waste material will be removed from the area of construction to a suitable off-site disposal location. 4. Wet well installation - The installation of the pre-cast wet well structure will require an excavation to a depth of 10 to 12 feet with a bottom diameter of 8 to 10 feet. Bedding and backfill will be accomplished in a similar manner as described above far the intake pipe and headwall. Structure backfill and finish grading will be done to match pre-existing contours, resulting in no net fill within the floodplain. Submersible pumps will be installed in the wet well. S. Filter and control egnipment installation ~ Suction piping will be installed to connect the wet well pumps to the irrigation system and filter and control equipment will be installed. Bedding and backfill will be accomplished in a sin>~ilar manner as described for the intake pipe. Backfill will be done to match pre-existing grades, resulting in no net fill within the floodplain. The filter and control equipment anal the s associated enclosure will be located above and outside of the 100-year floodplain at both the I3ono~~an Park and Ford Park sites. 6. Cleanup and revegetation -All areas disturbed by construction will be finish graded to match pre-construction contours and revegetated. The revegetation will be accomplished largely by hand work to avoid and minimize any further disturbance of areas adjacent to Gore Creek. Fuial surface treatment at the Donovan Park site in upland areas (not covered by replacement of removed rock) will consist of replacement of topsoil and revegetation with native seed. Final surface treatment at the Ford Park site in the riparian zone will consist of replacement of willows and riparian vegetation and in the upland area will consist ofreplacement of topsoil and revegetation with. native seed. Construction ofthe proposed pro}ect is scheduled to begin in early to mid-September during low-flow conditions in Gore Creek. The very limited in-stream work at each site will be completed witi>zn several hours as one of the first items of construction. The early to mid-September time frame will allow time for completion of the work well before the beginning of the brown. trout spawning season in Gore Creek and the Eagle River. Estimate of Quantity of Fill The placement of fill material below the normal high water line in Gore Creek will be confined to the areas at the pipe intake and headwall at each site. The excavation necessary to install these facilities will be confined to an area of about 2S square feet to a Hydrosphere Resource Consultants, ]nc., lOD2 V4'alnut, suite 200, Boulder, ~0 803D2 Mr. Mark Gilfillan August 15, 2005 Page 6 depth of about 3 feet below the stream channel, resulting in the removal of about 2.8 cubic yards of material at each site. The headwalls will be installed into the streambank to approximately match existing contours, and combined with the short section of intake pipe, will result in the placement of about 0.5 cubic yards precast concrete fill material. After installing headwall and intake pipe at each location, approximately 2.3 cubic yards of the cobble and clean fill material will be used to backfill the excavated area around the intake structure and pipe. The streambed and strea>:nbanks will be replaced to approximately match existing slope and contours. Riparian Impacts and Mitigation At the Donovan Park intake location, the streamtbank at the edge of the water consists primarily of large rock and cobble as shown in Figure 2. The project will not result in any impacts to wetlands or riparian vegetation. At the Ford Park intake site there is an 8-foot wide band of riparian wetland vegetation that covers the area between the shoreluie and the toe of the slope, as shown in Figure 3. The excavation necessary for installation of the intake structure will result in temporary impacts to approximately 40 square feet of wetland vegetation. The riparian ~Tegetation and topsoil in this area will be set aside and separated from the other material to be excavated for installation of the intake. After placement of the headwall and intake pipe, the area along the shoreline at the intake will be restored to pre-construction contours using the stockpiled topsoil, and to the extent possible, the wetland vegetation will be replanted. With the natural seed base from the topsoil, replacement ofvegetation and restoration of contours, the disturbed riparian vegetation should recover quickly. All of the applicable Nationwide Permit Conditions and appropriate BMPs will be employed to minimize water quality impacts during construction. Following installation of the intake facilities and pipelines at both sites, contours of the streann channel and streamba~iks and upland areas above the stream will be restored to closely match pre- construction conditions. Disposal Site for Excavated Material At both sites, the excavated material will be stockpiled in a construction staging area above the top of the bank at a location yet to be identi f eed. The stockpiled material will be surrounded with straw wattles and erosion control fencing, as needed to prevent sedimentation from erosion of the stockpile. Some of the excavated material will be used for backfill as previously described. Any remaining excess material will be removed from the site and disposed of at an authorized upland location. EIydrersphere Resourcc Consultants, inc., 1Q02 Walnut, swats 20d, Boulder, Co 8fl3Q? Mr. Mark Gilfillan. August l5, 2005 Page 7 Name(s) of Any Endangered species Present Table 1 provides a list of the threatened, endangered, proposed and. candidate species that occur or may occur in Eagle County and their status (U.S. Fish and Wildlife Service 2003). This List includes four listed endangered fishes that are found in the Colorado River to the west of Eagle County, Table T: Threatened, Endangered, Proposed and Candidate Species in Eagle County • Species Bald eagle, Haliaeetus leucacephalus Gunnison sage-grouse, Centrocercus nzinimus Yellow-billed cuckoo, Coccyzus americanus ~ Black-footed ferret, Mustela ni,~ripes ~ Canada lvn~;, Lv~~x canadensis Bonytail, Gila ele.~ans Colorado pikenunnow, Ptych~cheilus Iucius Humpback. Chub, Gila cypha ~ Razorback sucker, dl'yrauchen te~:anus Uncompahgxe fritillary butterfly, Boloria acrocnema Boreal toad, $ufo boreal $oreas 'T'hreatened Endangered Proposed Candidate X X X - - - X X X X ~ - X X X X There is no suitable habitat for any of these species at the site. Water at both sites will be diverted under senior irrigation water rights owned by the Eagle River Water & Sanitation District. This activity perpetuates an existing water use and accordingly does not result in the additiana] consumption of water, thereby having no impact on downstream endangered fishes. Nationwide Permit Type Needed The fallowing Nationwide Permits are applicable to the proposed activities associated with this project: ^ Nationwide Permit 1`~To. 12. Utility Line Activities -Activities required for the construction, maintenance and repair of utility lines and associated facilities in waters of the United States. ^ Nationwide Permit 1\?0. l S. Minor Discharges -The quantity of discharged material and the volume of area excavated do not exceed 25 cubic yards below the plane of the ordinary high water mark or high tide line. [-Iydrvsphere Resource Ca;tsultants, Inc., l OQ2 V~1alnut, suite 2D0, Boulder, CO 80302 Mr. Mark ~Silfillan August 15, 20f75 Page S Please feel free to contact me at (313} 443-7839 or rweaver(`a hvdrasnhere,com, if you have any questions ar if you need any additional information. Sincerely, Hydrosphere resource Consultants, Inc. by: ~~~ ~~1/ut~v- robert M. 'GVeaver Enclosures: Figure 1: Location Map Sheet F-l : Plan view of Donovan Park site Sheets F-3: Plan view of Ford Park site Sheet F-5: Typical Pulrlp System Schematic Figures 2-3; Photographs of Donovan and Fard Park Intake Sites cc: Martin GaIembiewski, Eagle River W titer & Sanitation District Todd Openhiemer, Tawn of Vail Hydrosphere Resource Consultants, ine., 1002 Walnut, suite 200, Boulder, CO 80302 • LEGEND ~ wml a cv r.Wk r crsl nc wmunc .---. o~vos~u we wxwx, a-:.c y cRisnn. Eck awu`. vsx usc~re~r ~_?_~ sawosm rr.ucsuxr rnF rni~R u.o evx ~~ .norosxc wci m. u~o swrcxsia.~ =~xr ~~ nay4s(P w*.ituv.~rt ~~~ a~a ~~ L = M 10 a a u C 'G O a m ina~ c ~ ~ O O ~ W C p? U W >>_ ~ ~ ~ UJ ~ R' I~' i B a ~t~~°~ ~°~i~s~ ~~~~F~ 4 Ci NOTE, i. RECDMMENpI=p LOCATION CF COMPtNaEk7S woS STr.I[Eq Ik THE FIELD ON NOVEMBER ~. 20W ANO WILL BE UPDATED DURING DESIGN PROCESS AFTER SURVEY IS COMPLETE. APPROXIMATE LDCATiCN5 ARff SROWN ON THIS DkAWING FOR CONCEPT ONLY. f3 S vaEO FaTF3T AND CQN7RDL ENCLOSURE -` PROPOSEp WET ~\ WELL ANO PUMPS • jy 'elr `` j E F REST R[YCYJf ~ ~ ' ...~i'~ . ~ ... ,. • •.. . ~'! I. ,. • 141 ~ • •. . UPPER SENCH ~~ E FQ ~',. REST R~DDi./- ~ __ ,- HLPINE ~ L ° - GARDENS - -- - \ INTA7~ AFB ~PUMPStA oH M p. ~- n . ~;'-~ .. ~ ,~ WrcH ~uw ~ ~~ WATERS ~ ~~ _ !.' f r,<n` . _ _ i ` ~~ LEGEND P ~ Cdni.EL,iOx - ExiP~l'+G w'E P9'FAS' ~ ~ [WE F y itt0ai5ED ~ wv ~?fo [g1unCCTW CL CMC.riML ds EoxEM7~ a I.wPPaxanl[ .Darius - waosca a....~fa. .....IwE arsr~xc wNFF NTEP mwosm d[cas.me .n. n~a+ ,u,o eanw[s `yY I Plgnp5E6 rt' v~ ipG Ss,B[sE4sa.[ NM PPOPtlSEO -£vD++lr_ wmeDS[D rnwi vr~x ~~~ ~~~ N d ~ O Iq m C U ~ ~ -arc ~ n'~~ W LL ~ -CY w ~' L~~0 ~ O~ ~~~1 NOTES. 1. RECOMIMENOEb LOCATION VF C9MPONENTB WAS STAKED IN THE FtELb VN NOVEMBER 1, 20L4 ANb WILL SE VA®A7Eb DVRING DESIGN PROCESS AFTER SVRVEY LS CaMPLE'fE. APpROkMMATE LOCATIONS ARE SHOWN ON THIS DRAWING FOR GONCEP7 GNLY. 2. ANEW RAW WATER MAINUNL IS PRDPCSEO TO PROVIDE WATER TV T11C C%ISTiNG~ IRRtC.ATION SYSTEMS APPRO%IMAT`c RVVTING IS $HOWk FCR THIS CONCEPT OAAWIkG_ ~~ A ~~~ ~' d1 Air ~'~; Ise ET~r! ~~ a° S ~-~~ ~.~_~ tl_." ~ ~ W a a co~wTRO~ENeLOSUNE ~NQISVL3~t 'JI~E?Wc3l.~JC~' U.1~3}SItS dUJtld swe~wst {pony xe~'~e-nzz {any wuw sFSpa ov~~ 'ax>ro~ ~~ ~ -~ • ~~ ~03>i33H3 ~ '~°"°°'~ coPr ~aed pao~ pue ~iaEd uenouo^ :~i~en ~a uMOl 6uwaui6u3arnea~~a;eMFue MtU~ :~fM'd2lt7 'lueu+e6euery ~aleM'u6~sao u+a3sFS uape5wi rr, ~a3nl~ls3a ~a!a~si^ uoi~e~iue5 pue ~a}~~ ~eni~{ a~6e~ °~u~ `6uiaeeui6u~ enby 50-6Z-~ ~31t/f] ~p ~~ w ~ ~..~ Q I Et ~- ~ ~ ~~~ ~~~ I o ~ cn :~ ~`~~\~ '~ E ~'y ~ ~.. ~w. ~~~io~. ~ ~~ \\ J z>>w ~ ~ C~O~ J X ~ 1 z~UZ ~''~ J Q ~ 4 © ~ d ~©~i= o~ { w~w~ ~- ~~~0 ~ ~wLL~ ~ c~ I w w c~ w C~ t~ d w J LiJ J J ~ _m ~ ~ Z w©cn ~ ~ m©~ ~~~ (!~ ~ [1 ~ ~ ~w Q ~~ ~ w~: [r w cv ~~ ~ ~~ 1 a~ ~~~ ~~m J ~ Q ~ ~ ! ~ J 4 ' ~o ~ ~w~~ c~~~~ E Figures 2 - 3 Ford and Donovan Park Irrigation Intake Structures • • HydrnsPhere Resource t'ooisultanls, lne. Figure Z. Donovan Park intake structure location viewed from the south bank of Gore Creek Figure 3. Ford Park intake structure location viewed from the north bank of Gore Creek ;, ~~~ Bill Gibson Raw Water Pro~ect Flood lain ~~ pttachrrment; F ~, ~ ~ _._~m......r.u...r~_,:.W.~ p ,~_........ From.: Torn Kassmel To: Bill Gibson Date: 09/2212005 2:0$:23 PM Subject: Raw Water Praject Floodplain Bill I have reviewed and approved the Floodplain analysis completed by Hydrosphere for the Ford Park and Donavan Park raw water intake, Thomas Kassmel, P.E.; M.E. Town Engineer Town of Vail Public Works Department 1.309 Elkhorn Dr. Vail, GO $1657 (970} 479-2235 __ _-- ..~._.. .. Page- • • ~1 Attachment: G ~~ li To~vrv ~~ ~A~ TH15 ITEM MAY AFFECT YOUR PROPERTY PUBLIC NC7TICE NaTICE 1S HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-fi, Vai[ Town Code, on September 26, 2005, at 2:00 ,pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a variance, from Section 12-fiD-fi, Setbacks, and Site Coverage, 12-6D-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Tawn Code, to allow for construction of a garage, located at 1 x'71 Alpine DrivelLot 38, Vail Village West Filing 1, and setting forth details in regard thereto. Applicant: Susan Bird Planner: Elisabeth Eckel A request for a final review of a flood plain modification, pursuant to Chapter 14-6, Grading Standards, Vai- Town Code, to allow for grading within the fioodplain for a new water intake facility, located at 530 South Frontage Road, Ford Park/unplatted, (a more complete metes and bounds description is available at the Community Development Department), and setting forth details in regard.. Applicant; Town of Vail and Eagle River Water and Sanitation District, represented by Mauriello Planning Group Planner: Bill Gibson A request for a final review of a flood plain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for grading within the fioodplain fvr a new water intake facility, located at 1604 South Frontage Road, Donovan Park lower bench/ unplatted (a more complete metes and bounds description is available at the Community Development Department), and setting forth details in regard. Applicant: Town of Vail and Eagle River Water and Sanitation District, represented by Mauriello Planning Group Planner. Bill Gibson A request for a final review of a variance, from Sections 12-fiF-8, Density, and 12-fiF-11, Parking, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 4110 Spruce Way/Lot 24, Block $, Bighorn Addition 3, and setting forth details in regard thereto. Applicant: Michael and Elizabeth Taggart Planner: Matt Gennett A request for a final review of a conditional use permit, pursuant to Section 12-71-5, Vail Town Code, to allow for a public utility and public service use, Cocated at 862 South Frontage Road (Vail Resorts Maintenance Site)lunplatted, and setting forth details in regard thereto. Applicant: 7~cel Energy, represented by AI Morganfield Planner: Matt Gennett The applications and information about the proposals are available for public inspection during office hours at the Tawn of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-213$ for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 97~-479-2356, Telephone for the Hearing Impaired, for information. Published September 9, 2005, in the Vail Daily. ~~ f~ MEMORANDUM C] TO: Planning and Environmental Commission FRdM: Department of Community Development DATE: September 26, 2EJ0~ SUBJECT: A request for a final review of a conditional use permit, pursuant to Section 12-71-5, Vail Town Code, to allow for a public utility and public service use, located at 862 South Frontage Road (Vail Resorts Maintenance Site)lunplatted, and setting forth details in regard thereto. (PEC05-0074} Applicant: Xcel Energy, represented by AI Morganfield Planner: Matt Gennett ~~ I. SUMMARY The applicant, Xcel Energy, represented by AI Morganfield, is requesting a conditional use permit as prescribed in Section 12-71-5, conditianal Uses; Generally (On All Levels of a Building or Qutsde of a Building), Vail Town Code, to allow far construction of a ten foot by ten foot (10' x 10') structure which will house natural gas line and valve equipment far Xcel Energy, located at 802 South Frontage Raad (Vail Resorts Maintenance Site)lunplatted. A conditional use permit is required in the Lianshead Mixed-Use 2 (LMU2} zone district far a public utility use. 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 of this request subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTIQN C}F THE REQUEST Xcel Energy is requesting a conditional use permit to allow for aten-foot by ten-foot (10' x 10') structure to be erected on the Vail Resorts maintenance yard, located at 862 South Frontage Road/unplatted. The purpose of the structure is to house and provide protection for natural gas and electronic equipment associated with the distribution of natural gas.. A vicinity map is attached far reference (Attachment A). The present zoning designation of the subject property, Lionshead Mixed-Use 2 (LMU2), requires a conditional use permit is required for a public utility use. Considering the small size of the proposed structure and its necessity in terms of providing natural gas service to portions of the Town of Vail, staff has determined the proposal will have no negative impacts upon the public or the goals of the Lonshead Redevelopment Master Plan. The proposed structure will be located behind the existing berm along the south property line and will be shielded from offsite view by the mature trees planted along the berm (Attachments B & C). Additionally, the proposed structure is to be sided and painted to match fhe warehouse and other buildings on the site. As indicated above, staff is recommending approval of the applicant's proposal, pursuant to the findings and conditions outlined in Section IX of this memorandum. lIL BACKGROUND • In May of 1969, the subject property was zoned Heavy Service (HS) when the Town of Vail established its or°sginal comprehensive zoning regulations. At the time, warehouses, motor vehicle repair chaps, maintenance facilities and contractor's yards were all permitted uses in the HS zone district. • In August of 1971, a building permit was issued for the 8,650 square foot vehicle shop/maintenance facility. • In August of 1973, the 3,180 square foot lift maintenance bu%lding was built. • In July of 1978, the 9,2fiQ square foot warehouse facility was constructed after receiving a building bulk control variance. • In June of 1982, the Town of Vail created the Arterial Business zone district (ABD) and rezoned the area west of Lianshead, including the subject property, from HS to ABD. • In the 1998 - 1399 timeframe, during the Lianshead Redevelopment Master Plan process, the subject property was rezoned again from ABD to the Lianshead Mixed-Use 2 (LMU2) zone district. N. REVIEWING BQARD ROLES t?rtier of Review: Generally, applr`i;atians will be reuiewed first by the PFC for acceptability of use and then by the DRB far compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The PEC is responsible far frnal approve!/denial of CUP. The PEC is responsible for evaluating a proposal for: 1, 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 anew from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. fi. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. Conformance with development standards of zone district Lot area Setbacks Building Height 2 Density GRFA Site coverage Landscape area Parking and loading Mitigation of development impacts Desian Review Board. Action: The DRB has NO review authorify on a CUP, but must review any accompanying DRB application. Town Council: Actions of DRB or PEC may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision, 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. V. APPLICABLE PLANNING DOCCJI'UIENTS Title '12, Town of Vail Zoning Regulations For the Planning and Environmental Commission's reference, Section 12-1C-1, Vail Town Code, identifies the purpose for a conditional use permit as follows: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject fo the granting of a condr"tional use permit. Because of their unusual or special characteristics, conditions! uses require review so that they may be located properly with respect fo the purposes of this tills and with respect to (heir effects vn surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development 6efween conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitati©ns as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrr`mental to other uses or properties. Where conditions cannot be devised, tv achieve these objectives, applications for conditional use permits shall be denied. The Vail Resorts maintenance site is located within the Lionshead Mixed Use 2 zone district. The purpose of LMU2 is: 12-71-1: PURPOSE: 3 The Lionshead Mixed Use 2 District is intended to provide sites for a mixture ofmultiple-family dwellings, fudges, hotels, fractional fee clubs, time shares, lodge dwelling unifs, restaurants, offices, skier services, light industrial activities, and commercial estabdishments in a clustered, unified development. Lionshead Mixed Use 2 District, in accordance with the Lionshead 14edevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriafe to the permitted types of buildings and uses and to mainfain the desirable qualities of the District by establishing appropriate site development standards. This Districf is meant to encourage and provide incentives for redevelopment in accordance with fhe Lionshead Redevelopment Master Plan. 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, buildr`ng height, and density aver the previously established zoning in the Lionshead Redevelopment Masfer Plan study area. The primary goal of the incentives is fo 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 projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrr'an/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. VI. SITE ANALYSIS Legal Description: Address: Lot Size: Zoning; Land Use Plan Designation: Current Land Use: Vail Resorts Maintenance Site (unplatted) 862 South Frontage Road 3.246 acres {141,000 sq ft} Lionshead Mixed Use 2 {LMU2} District Community Office Maintenance and Storage Development Standard Allowed Existing Pruuused LutArea: 10,000 sq ft 141,000 sq ft no change Buildable Area: 10,000 sq ft 141,000 sq ft no change Setbacks: Front: 10` 10' no change Sides: 10` 50' no change Rear: 10' 10' no change Site Coverage: 70°f° 15% (21,230 sq, ft) 15.1% (21,330 sq, ft) Vll. SURROUNDING LAND USES AND ZONING Land Use Zoning North: I-70 pia South: Public Utility General Use (GU} East: Mixed Use Lionshead Mixed Use-1 District {LMU1 } West: RetaillRestaurant Arterial E3usiness [7istrict (Ai3D} 4 1JI11. CRITERIA AND FINDINGS, The applicant's proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12-16, Vail Town Code. a. Consideration of Factors Regarding Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the Town. Staff has determined the proposed structure is consistent with the development objectives of the Town of Vail The structure will have no negative impacts, upon the zone district, surrounding uses, traffic or parking and will provide a clear benefit to the Town of Vail in expanding the capacity of natura9 gas service in the area. 2. The effect of the use on light and air, distribution of population, transporta#iion facilities,. utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes the proposed structure will have negligible effects an the above-mentioned criteria, Because of the small size of the structure and its proposed location on the subject property, staff believes that there is no effect on the use of light and air.. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff has determined the proposed structure will have no effects on the above-mentioned criteria. Given that the structure will be unmanned and not require regular maintenance or service, no new traffic will be generated by its existence. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The structure is proposed to be ten feet by ten feet (10' x ~ 0') in area and less than a story in height, so staff believes its effect on the character of the area and surrounding uses in terms of bulk and mass will be nonexistent. Further, considering the proposed location of the structure, which is to be behind the berm and the existing mature trees, the granting of a conditional use permit for the proposed use and structure will have na effect upon this criterion. B. The Planning and Environmental Commission shall make the fallowing findings before granting a conditional use Hermit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Lionshead Mixed Use-1 Zone District. 5 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity, 3. That the proposed use wiil comply with each of the applicable provisions of the conditional use permit section of the zoning code. !X. STAFF RECOMMENDATIQN The Community Development Department recommends that the Planning and Environmental Commission approves the applicant's request for a conditional use permit, pursuant to Section 72-71-5, Conditional Uses; Generally (On Ail Levels of a Building ar Dutside of a Building}, Vail Town Code, to allow for a public utility structure within the Lionshead Mixed Use 2 zone district, located at 86~ South Frontage Raadiunplatted. Staff's recommendation of approval is based upon the review of the criteria described in Section VI11 of this memo and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission makes the following fiindings: "The Planning and Environmental Commission fends: That the proposed locafian of the use is in accordance wifh the purposes of fhe conditional use permif section of fhe zoning Cade and the purposes of the disfricf in which the site is located. 2. That the prapased location of the use and the conditions under which it would 6e operafed ar maintained would not be detrimenta! to the public health, safety, ar welfare ar materially injurious to properties ar improvements in fhe vicinity. 3. Thaf the prapased use would comply with each of the applicable provisions of fhe conditional use permif section of the zoning cads. X. ATTAGHMENTS A. Vicinity Map B. Photos of the site C. Site Plan 6 ~~ ~~„ ~~ ~~~ g~~ ~~ o~ ~~ ~~ E L~ ~ `~ S b~ ~~ r +- f 4 ~_ ~~ ~ t{ i d _~ ~:. < t i F s _ _.,.44E ~ ~ . ~ ; y ~ L ~... ,.~ ,~.- F# ~. 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I ,,, ~L ~ ~ .. o , 4~ ~ mm~ i \ / ~' T ~~ .~ l~.Il 4 a~ c°~ \ t V Vi L p ,A ~ ll \ `\ , ~ I • I , , 1 y ~~ , o ~ %~ / , f J ~: f ~ ~ i' ~r.. ti. l r J 'a~l~~' I l ~-~~§~~ ~Q N ~ ~~° - C~ ~ .' 0 !~ (-~ !f ~' 1 [~ ~~ ~ \~ f~.l O 8` O \ \ \~ ~ N . \` ~ 6 ~~ ~ ,,1 ~ ` ` o ~ `\ ..,. ~ `M N V / ,~ • ~ N1LON l,~ U~ 1 ~~ ~ ~ o ' d ~, . ~ Q ~ ~\ VVi j P e b m,"," m u ~` _ sy a `a ~ t6 ~E ~ °o e , `+ ~ N t ~ pVy s^~• .. - , ~iy .. _ ~.. ... ~ ~ ~ \ 6 .I A.. ~ - ~ 0 1 = , ;~~ ~, ,~ }, r \ i \ ...,~, ~ ~ , I + ' ~ 1 "4 \ 1 ~ t ~ i ., ~ i ~ ~ ° ~"'! r Q ~ 4 s~. 4 \ \ f i 1~ /= , \ o~ `r \ \ - - ~pW-r _ --~- A, ~ - !~~° ~ ~ ~. \ ~ W a ~ \ ~ ~ \ ~` ~ ~' r~ l Sly i ~ 51 '•..i r \ q ti l C'1 2 O ~. ,. ,. _ l 1 ~ t Tit l ~ ~ f~ r~ti~ I ~~t~ ~ i ~ / f ~'! i o .~ + - Q r ~aglm =sT MEMQR~-~NDUM TQ: Planning and Environmental Commission FROM: Department of Community Development DATE: September 26, 2005 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-OA-10, Amendment Procedures, Vail Town Code, to allow far a major amendment to Special Development District No. 22, Grand Traverse, modifying the GRFA calculations for the District; increasing the number of lots for the District; and a final review of a minor subdivision, pursuant to Section 13--4-2, Procedure, Vail Town Code, to modify the size of Lot 5, Amended Final Plat, DauphinaislMasely Subdivision Filing 1, A Resubdivision of Lots 5, 6, 7, 8, 9, and 10, and setting forth details in regard thereto. Applicant: Pat Dauphinais, President of Grand Traverse H.O.A. Planner: 'Warren Campbell f. SUMMARY The applicant, Pat Dauphinais, President of the Grand Traverse H.O.A., is requesting a recommendation from the Planning and Environmental Commission to the Town Council regarding a request to amend Special Development District (SDD) No. 22, Grand Traverse, to eliminate the maximum allowable Gross Residential Floor Area (GRFA) far each lot within SDD No. 22 and increase the number of lots within the SDD by orie. In addition, the applicant is requesting approval of a minor subdivision to subdivide Lot 5 of the Amended Final Plat: Dauphinais-Moslev Subdivision Filin_g 1: A Resubdivision of Lofs 5. 6. 7. ~. 9. and 1D and create Amended Final Pi~t~ A Resubdivision of Lot 5. Amended Final Pfaf: Daur~hinais-Maslev .~r.rladivision Filing 1.~ A Resubdivision of Lots 5. 6. 7. +~. 9, and 1 d. Staff is recommending that the Planning and Environmental Commission forwards a recommendation of approval to the Town Council regarding the request to eliminate GRFA restriction in SDD No. 22 and increase the number of lots by one and approval with conditions of the minor subdivision subject to the findings and conditions outlined in Section IX of this memorandum. ` 11. ~ESCRIPTIQN QF THE REQUEST The applicant, Pat Dauphinais, President of the Grand Traverse H.O.A., is requesting a recommendation from the Planning and Environmental Commission to the Town Council regarding a request to amend Special Development District Na. 22, Grand Traverse, to eliminate the maximum allowable Gross Residential Floor Area (GRFA) for each lot within SDD No. 22 and increase the number of lots within the SDD. In addition, the applicant is requesting approval of a minor subdivision to subdivide Lot 5 of the Amended Final Plaf: Dauphinais-IUoslev 1 Subdivision Filintr ~: A Resu6division of Lots 5. fi. 7, 8. 9. grad 10 and create two new lots, Lots 5 and 7, by recording the proposed Amended Final Plat: A Resubdivision of Lot .5. Amended Final Plat: Dauphinais-Mosley Subdivision Filin 1: A Resubdivision of Lots 6N 6, 7. 8. g. and 10. The applicant's request to remove the GRFA restrictions for the lots located within SDD lVa. 22, Grand Traverse, has arisen as the homes within the SDD are not eligible for the new GRFA methodology adopted by Ordnance 14, series of 2004, as the lots are restricted in terms of maximum allowable GRFA in all cases far below that which would be permitted under the underlying PrimarylSecondary zone district in regards to lot size. In addition, the homes within the SDD are no longer eligible fora 250 addition or an interior conversion per the new GRFA regulations. The applicant is proposing that site coverage, setbacks, height, and the architectural requirements within SDD No. 22 would control development on the lots. A vicinity map has been attached fior reference Attachment A). In addition, the applicant is requesting approval of a minor subdivision to subdivide Lot 5 of the Amended Final Plaf: Dau>rahinais-Mosley Subdivision Filinq 7: A Resubdivision of Lafs 5. 6. 7. 8. 9, and 10 and create two new lots, Lots 5 and 7, by recording the proposed Amended Final Plat: A Resubdivision of Lot 5. Amended Final Plat: f~auphinais-Mosley Subdivision Filing ~: A Resubdivision of Lots 5, 6. 7. 8, 9. and 10. A reduced copy of the proposed plat, Amended Final Plat: A Resubdivision of Lot 5. Amended Final Plat: Daurahinais-Mosley Subdivision Filing ;~: A Resubdivision of Lots 5. 6. 7, 8. 9. and fi0, has been attached foe reference (Attachment B~, The existing Lot 5 which is proposed to be subdivided was created by combining two of the original platted lots within !?aunhinais-Mosley Subdivision Filrraa ~. The applicant is proposing to resubdivide Lot 5, measuring 23,722 square feet, back into two smaller lots with the areas as follows, Lot 5 measuring 11,817 square feet and Lot 7 measuring 11,891 square feet. IIL BACKGROUND + The area included within SDD Na. 22 was annexed rota the Town of Vail by Ordinance 29, Series of 1979 which became effective on August 15, 1979. SDD No. 22 was created from 10.69 acres of land with an underlying zoning of PrimarylSecondary zone district by Ordinance 23, Series of 1988. It included the creation of the Dauphinais-Mosley Subdivision Filing 1 recorded in 1990 consisting of 24 lots and 3.741 acres of open space. + On May 7, 1991, the Vail Town Council introduced, read and approved an second reading Ordinance #10, Series of 1991, an ordinance repealing and reenacting Qrdinance #13, Series of 1990, to provide changes to Special Development District #22 that concerned lot size, corresponding GRFA, maximum number of allowable employee dwelling units, and architectural guidelines. Qrdinance #13, Series of 1990 was the original ordinance establishing SDD #22. 2 • On September 22, 1997, the Community Development Department approved, and the Planning and Environmental Commission upheld, a minor amendment to SDD #22. The minor amendment allowed for changes to the architectural guidelines outlined in Section 11 of Ordinance ##1 D, Series of 1991. The changes included: architectural guideline requiring that all the residences in the SDD have copper gutters and downspouts, and • the ability far the residence constructed on Lot 14 to have the garage doors of the residence facing the road. On ,June $, 1998 the Planning and Environmental Commission approved a Major Amendment to SDD No. 22, Grand Traverse. The following items were approved as a. part of the Major Amendment of the applicant's request on June $, 199$: • an increase in the allowable GRFA for all existing and proposed employee housing units from 5C}0 square feet maximum to 8©© square feet maximum, • a change in the allowable enclosed parking area (garage) square footage credit from 600 square feet to 1,200 square to permit adequate enclosed parking for constructed employee housing units (600 square feet for the primary dwelling unit and 600 square feet for the EHU if constructed, • a repiat of Lots '?, 6, 7, 8, 9 & 10 into Lots 5, $, 9 & 10, thus eliminating two lots within the Grand Traverse development area, • an increase to the maximum number of outdoor lights allowed on each residential lot to 15 per lot total, • a modification to the required setbacks on Lots 5, $, 9 & 10, • a reapportioning of GRFA within the, Grand Traverse development area, and • a reapportioning of the 600 square foot garage credit. • In October of 2004, Ordinance 14, series of 2004, was adopted which amended the GRFA regulations regulating the entire Town of Vail. The properties located within SDD No. 22, Grand Traverse, were effected to a greater extent than other PrimarylSecondary zoned properties because under the SDD GRFA is restricted below that which the base zone district would allow. In addition, the properties lost ability of homes within the SDD to request 250 additions and interior conversions. Finally, the SDD does not allow the properties to utilize the basement deduction provisions of ©rdinance 14, Series of 2004. 3 On July 25, 2005, the Planning and Environmental Commission held a work session in order to hear the applicant's request. In general, the Commissioners were in support of the proposed subdivision of Lot 5. In addition, the Commissioners generally supported the proposal to remove the GRFA restrictions within SDD No. 22, Grand Traverse, as there are additional architectural requirements within the SDD which would provide a level of comfort that the homes which have not been built wilt fit the character of the neighborhood which has already been established. Commission members expressed that the elimination of GRFA for the entire Town would be more difficult as SDD No. 22 is different from a majority of Town in that it contains very smalE Tots and additional architectural controls. 111. ROLES OF THE REVIEWING BOARDS Saerial De~elapmAn# District and Maior Amendment Qrder of Review; Generally, applications uvill be reviewed first by the PEC for impacts of use/develapmenf, then by the DRB far compliance of proposed buildings and site planning, and frnaf approval by the Tawn Council. Planning and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based on the Criteria and Findings listed in Section IX ofi this memorandum.. Design Review Board: The DRB has NO review authority on a SDD proposal, but must review any accompanying DRB application. The DRB review of an SDD prior to Town Council approval is purely advisory in nature. Staff: The staff is responsible for ensuring that al[ submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Action: The Town Council is responsible for final approvalldenial of an SDD, The Town Council shall review the proposal using the Criteria and Findings listed in Section IX of this memorandum. l~ 4 Minor Subdivision Review Planning and Environmental Commission: Action: The Planning and Environmental Gommission is responsible for final approwal, approwe with modifications, or disapprove the plat. Specifically the code states in Section 13-12-3C, Review and Action on Plat:. The planning and environmenfal commission shall review the plat and associated materials and sha11 approve, approve with modifications or disapprove the plaf within twenty one (21} days of the first public hearing on the exemption plat application or the exemption plat appiicafian will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreemenf between the planning and environmenfal commission and the applicant. The criteria for reviewing the plat shall be as contained in section 13-3-4 of this tifle. Design Review Board: Action: The C~esign Review Board has Nfl review authority on an exemption ,plat, but must review any accompanying Design Review Board application.. Town Council: The Town Council is the appeals authority for an exemption plat review procedure in accordance with Section 13-3-5G, Vail Town Gode, which reads as follows: Within ten (9f~} days the decision of the Planning and Environmental Commission on the final plat shall be transmitted to the Council by the staff. The Council may appeal the decision of the Planning and Environmental Gommission within seventeen (1 T} days of fhe Planning and Environmental Commission's action. if Council appeals the Planning and Environments! Commission's decision, fhe Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Enuironmental Commission hearings}. The Council shall have thirty (30} days to affirm, reverse, or affirm wifh modifications the Planning and Environmental Commission, decision, and the Council shall conduct the appeal at a regularly scheduled Council meefing. ~c 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 s#aff 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, • 5 V. APPLICABLE PLANNING D©CUMENTS Town Of Vail Zoning Code Article 12-9A. Special Development ~SDD) District (in part) 12-9A-1: PURP©SE: The purpose of the special development district is fo encourage flexibility and creativity in the development of land in order to promote its mast appropriate use; to improve the design character and quality of the new develapmenf wifh the town; to fa~cilifate the adequate and econamr'cs! provision of streets and utilifies,= fo preserve the natural and scenic features ref open space areas; and to further fhe avers!! goals of the community as slated in the Vail comprehensive plan Town of Vail Subdivision Regulations 13-1-2: PURPOSE: C. Specific Purposes: These regulations are further intended to serve the fallowing specific purposes: 1 _ 7a inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type and extent of improvements required. 2. To provide for fhe subdivision of property In the future without conflict with development on adjacent land. 3. To prefect and conserve fhe value of land thraughaut fhe Municipality and fhe value of buildings and improvements an the land. 4. 7o ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenienf, workable relationship among land uses, consistent with Town developmenf objectives. 5. To guide public and private policy and action in order fo provide adequate and efficient fransportafian, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide thaf public facilities will have sufficient capacity to serve the proposed subdivision. 6. To provide for accurafe legal descriptions of newly subdivided land and to establish reasonable and desirable construcfion design standards and procedures. 7". To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and fo encourage the wise use and management of natural resources throughout the Town in order fo preserve the Integrity, stability and beauty of the community and the value of the land, 93-3-4: COMM1SS10N REVIEW OF APPLICATION; CRITERIA: The ,burden of proof shall rest with the applicant to show that the application is in complr`ance with the intent and purposes of this Chapter, the Zoning Ordinance 6 and other pertinent regulations that the Planning and Environmenfal Commission deems applicable. Due consideration shall be given to the recommendafivns made by public agencies, utility companies and ofher agencies consulted under subsection 73-3-3C above. The Planning and Envirvnmenfal Cvrnmissivn steal! review the application and consider its appropriateness in regard tv Town policies relating to subdivision canfral, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental infegrity and compatibility with the surrounding land uses and other applicable dacumenfs, effects an the aesthetics of the Town. VI. SITE ANALYSIS Legal Description: Daucrhinais-Mosley Subdivision Filing 1 and Amended Final Plaf: DauQhinais-Mosley Subdivision Filing 7: A Resubdivisian of Lvts 5. 6. 7. 8. 9, and 90 ' Address: 1450-1850 Lions ridge Loop and 14x2-1428 Moraine Drive Lot Size: 10.69 acres (465,656 sq ft) Zoning: Special Development District Na. 22 (Primary/Secondary zone district underlying zoning) Land Use Plan Designation: Medium Density Residential Current Land Use: Residential Lot 5, Amended Final Plat: A Resubdivision of Lof 5. Amended Final Plat: Dauphinais-Mosley Subdivision ~ilina ?: A R'esu6divisan of Lofs 5, 6, 7. 8 9. and ~p Zoning: Special Development District No, 22 (PrimaryiSecondary (PJS) zone district underlying zoning) Land Use Plan Designation: Medium Density Residential Current Land Use:. Vacant Develanment Standard Reouired by PIS Proposed Lot Area: 15,OOa sq. ft. 11,817 sq. ft. Dimension: 8a'X80' min. 65 feet X 65 feet Buildable Area: ~ 15,aaa sq, ft. 11,817 sq. ft. Frontage: 30 feet min. 67 feet GRFA; Proposed to be no limitation except that which can be constructed within the limitations of SDD IVo. 22. Access: Access to the site is via Moraine Drive, a public road which is currently constructed. • 7 Lot 7, Amended Final Plat: A Resubdivision of Lot 5. Amended Final Plat: Dauahinais-Moslev Subdivision Filing 9:~A Resubdivision of Lots 5. 6. 7. 8~ 9, and TO Zoning: Special Development District Na. 22 {Primary/Secondary zone district underlying zoning} Land Use Pfan Designation: Medium Density Residential Current Land Use: Vacant Deveiopment Standard Required by PIS Proposed Lot Area: 15,004 sq. ft. 11,891 sq. ft. Dimension: 80'X80' min. 61 feet X 61 feet Buildable Area: 15,000 sq. ft. 11,891 sq. fk, . Frontage: 30 feet min. fi0 feet GRFA: Proposed to be no limitation except that which can he constructed withiin the limitations of SDD No. 22. Access: Access to the site is via Moraine Drive, a public road which is currently constructed. Vll. SURROUNDING LAND USES AND ZONING Land Use zoning North: Residential PrimarylSecondaryzope district South: HotelfLadge Public Accommodation zone district East: Residential Low Density Multiple-Family zone district West: Residential PrimarylSecondaryzope district Vlli. CRITERIA AND FINDINGS St~eciial Development District Maior Amendment Chapter 12-9 of the Town Cade provides far the amendment of an existing special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, "To encourage flexibilify and creativity in the development of land, in order to promote ifs most appropriate use; to improve the design character and qualify of the new development within the Town; to facilitate the adequafe and economics! provision of streets and utilities; to preserve the nafural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Specie! l7evelopmenf District, in conjunction with the property's underlying zone district, shall estai~Iish the requirements for guiding development and uses of property included in the Specie! s Development District. The Town Code provides nine design criteria which shall be used as the principal. criteria in evaluating the merits of the amendment to an existing speciaM development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one ar more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The fallowing is a staff analysis of the project's compliance with the nine SDD review criteria: A. Consideration of Factors Reoarrtina Soecial Develoornent Districts: A. Design compatibility and sensitivety to the immediate enveronment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientateon. The requested proposal is to eliminate the maximum allowable Gross Residential Floor Area (GRFA) for each lot within SDD No. 22 under Section 4-B-5 of Ordinance 9, Series of 1998, the adapting ordinance, and an increase in the number of lots within the SDD by one by resubdividing Lot 5, an increase from 22 to 23 lots. ordinance 9, Series of 1998 is attached far reference with text that would be deleted shown as ~+~'~~ +~~~~ ~~~ and added text is shown in bold(Attachment C). The proposal to remove the GRFA restrictions for the lots located within SDD No. 22, Grand Traverse, has arisen as the homes within the SDD are not eligible for the new GRFA methodology adopted by Ordinance 14, series of 2004, as the to#s are restricted in terms of maximum allowable GRFA in all cases far below that which would be permitted under the underlying Primary/Secondary zone district in regards to lot size. In addition, the homes within the SDD are no longer eligible fora 250 addition or an interior conversion per the new GRFA regulations. Staff would like to point out that the proposal to gain the ability for additions and interior conversions to existing homes within SDD No. 22 can be accomplished by revising the GRFA. limitations found within Section 4 of the SDD. Currently, the GRFA limitations are below that which Primary/Secondary zoning would allow by 612 to 2,568 square feet depending on the lat. The intent of the initial approval of SDD No. 22 was to create smaller lots in order to protect open space. Out of the tots! site area included within SDD No. 22, 10.69 acres, there was 3.741 acres set aside and protected as open space. When SDD No. 22 was adopted the 24 lots within the SDD ranged from $,-494 square feet to 16,248 square feet with a majority of the [ots measuring approximately 11,000 square feet in size. Staff believes that as it was the original intent to have smaller lots and a more clustered residential development in order to protect open space. Staff believes that the subdivision of the existing Lot 5, 5 which measures 23,722 square feet into two smaller lots measuring 11,891 square feet and 11,817 square feet is in keeping with the intent of the SDD. Development within the SDD is regulated by Sectiion 4 of Grdinance 9, Series of 1998. The adapting ordinance establishes the GRFA, setbacks, height, architectural design and materials, and orientation. The SDD deviates from the underlying zoning of Primary/Secondary zone district by allowing reduce front and side setbacks from 15 feet to 10 feet on many of the lots and increasing the rear setback on the lots located on the southern portion of the SDD from 15 feet to setbacks ranging from 35 to 97 feet with a majority being 40 to 50 feet. GRFA within the SDD is limited by the Table located in Section 4-B-5 of the adopting ordinance. The GRFA limitations identified in the Table are substantially lower than that which would be permitted by Primary/Secondary zone district regulations. On average the maximum allowable GRFA under the SDD is 1,640 square feet less than that permitted under PrimarylSeeondary zoning. Staff has included an attachment which shows each lot, the size of the lot, the amount of GRFA allowed under the SDD, the amount of GRFA allowed under the PrimarylSecondary zone district with the changes enacted by C3rdinance 14, Series of 2004, the potential square footages of homes without GRFA limitations,. allowable site coverage, and constructed site coverage (Attachment D}. Staff believes that the elimination of GRFA limitations within SDD No. 22, will have no negative effect on the above criterion as the SDD adopting ordinance contains all the elements to CDCltrol the bulk, mass, and neigh# of the homes within the SDD within Section 4 of the adopting ordinance. The proposal to eliminate GRFA within SDD No. 22 could be a way to conduct a controlled study on the effects on bulk and mass of structures if GRFA was eliminated. Staff believes that the existing restrictions placed upon development in SDD No, 22 will result in new and redeveloped houses within the SDD being of similar character to those existing today. In addition, many of the homes within the SOD which are currently constructed have maximized site coverage and built to the extent of the designated setbacks ar have very little left which insures that the existing structures would change minimally above grade. There are currently 5 undeveloped lots within the SDD which would potentially be constructed under regulations in the SDD if GRFA was stricken from the adopting ordinance. Attachment C has sti ti!'r•ag# text depicting the existing language which must be stricken from Ordinance 9, Series of 1998 to eliminate GRFA requirements. Staff believes that the request to eliminate GRFA within the SDD complies with this criterion. B. lJses, activity and density which provide a compatible, effcient and workable relationship with surrounding uses and activity. The proposed elimination of GRFA within SDD No. 22 and the increase in the number of lots within the SDD from 22 to 23 will not 10 have a negative impact on the items identified in this criterion. The initial approval of SDD No. 22 included 24 lots which was subsequently replotted to include 22 lots. This proposal would take the SDD up to 23 lots. The proposed elimination of GRFA would also have no negative impact on this criterion as there are several other factors contained within SDD No. 22 C. Compliance with parking and loading requirements as outlined in Chapter 12-1 d of the Vail Town Gode. The proposed amendments to the SDD do not have any negative effect on this criterion. All lots developed within the SDD will comply with the parking standards. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Tawn policies and iJrban Desiign Plan, The proposed amendment to increase the number of lots in the SDD from 22 to 23 complies with the Vail Comprehensive Plan. However, the request to eliminate GRFA within SDD No. 22 would Re different in ,policy to how the remainder of the community is regarded to size of structures. Staff Relieves for several reasons as outlined in Staff's response to Criterion A of this Section that the size of homes within the SDD on the vacant lots or any future redeveloped. lot would be fundamentally similar to those which are constructed within the SDD currently. Of the homes currently constructed many have already maximized site coverage so any addition to Re made if GRFA was eliminated from the SDD would be below grade or in a vaulted area of the home. The combination of requirements contained within the. SDD which include, setbacks which are more restrictive in areas, site coverage limited to 25%, heights of 33 feet, garage door orientation, and. architectural minimums, will sufficiently control the bulk, mass, and height of the structures which remain to be constructed or for future additions. In add'efson, the fact the lots within the SDD were allowed to be smaller than that required by the base zoning in order to preserve open space and sensitive areas limits the size of the structures dramatically as there is limited areas to construct a structure upon each site. .~.. 1=. Identification and mitigatiian of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard daps, the Crossroads development site is not located in any geologically sensitive areas. Staff believes that the application complies with this criterion. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and 11 overall aesthetic Quality of the community. As was stated in staff s response to Criterion A the initial adoption of SDD No. 22 was designed to preserve open space and sensitive areas. The current proposal would not after that initial approval. G. A circulation system designed far both vehicles and pedestrians addressing on and off-site traffic circulation. The circulation system for this SDD was approved in the initial adoption of SDD No. 22 and is currently in place and functioning. This proposal does not alter that circulation system. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. As was stated in staff's response to Criterion A the initial adoption of SDD No. 22 was designed to preserve open space and sensitive areas. The current proposal would not alter that initial approval. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant is proposing to construct the homes on the proposed i and existing lots as the owners desire to construct upon them. Findings: The following findings are used for a Major Amendment to an SDD: That the proposed major amendment to Special Development District No. 22 complies with the nine design criteria outlined in Section 12-9A-$ of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are ..outweighed by the public benefits .provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town. 2. With regards to the proposed eGminat%on of GRFA, that: a. Proposed development controls, such as setbacks, site coverage, height, orientation, and architectural design, exist within the text of SDD No. 22, Grand Travers, to adequately control bulk, mass, and height of structures, and will maintain the character of new structures to those which exist; b. Proposed development controls comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. 3.2 c. Proposed development controls will provide adequate availability of light, air and open space. d. Proposed development controls within the SDD will provide a compatible relationship with buildings and uses on adjacen# properties. e. Proposed development controls will result in creative design solutions ar other public benefits that could not otherwise be achieved by conformance with prescribed GRFA standards, 3. With regards to the proposed increase in the number of lots from 22 to 23, that: a. Proposed increase in lots provides necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. b. Proposed increase in lots comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. c. Proposed increase in lots will provide adequate availability of light, air and open space. d. Proposed increase in lots will provide a compatible relationship with buildings and uses on adjacent properties. e. Proposed increase in lots will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 4, That the proposed development controls within SDD No: 22, Grand Traverse are in conformance with applicable elements of the Vail Viflage Urban Design Guide Plan and Design Considerations. 5. That the development is in compliance with the purposes of the PrimarylSecondary zone district, that the proposal does not otherwise have a significant negative effect on the charac#er of the neighborhood, and that the proposal substantially .complies with other applicable elements of the Vail Comprehensive Plan. Minor Subdivision A basic premise of subdivision regulations is that the minimum standards for the creation of new lots must be met. This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Code. The first set of criteria to be considered by the Planning and Environmental Commission for a Minor Subdivision application is: Lot Area: The minimum lot area far the PrimarylSecondary zone district is 15,000 square feet. The proposed area of Lot 5 would be 11,817 square feet. The proposed area of Lot 7 would be 11,891 square feet. The two proposed resulting lots do not mast this requirement for the Primary/Secondary zone district. Idowever, the intent of the approval of SDD No. 22 was to create smaller lots in order to protect open space. Gut of the fatal site area included within SDD Na. 22, 10.69 acres, there 13 was 3.741 acres set aside and protect as open space. When SDD Na. 22 was adopted lots within the SDD ranged from 8,494 square feet to 16,248 square feet with a majority of the lots measuring approximately 11,000 square feet in size. Staff believes that as it was the original intent to have smaller lots and a more clustered residential development in order to protect open space and the lot which is proposed to be subdivided was previously two smaller Lots prior to the recording of the Amended Tina! Plat: L7auohinais-Mosley Subdivisr"on Filing 7: A Resubdivision of Lots 5. 8. 7. 8. 9, and 10. Buildable Area: The minimum buildable area for the PrimarylSecondary zone district is 16,000 square feet. The twa proposed lots do not meet this requirement. However, for the same reasons identified above small lots which do not meet this requirement conform #o the intent of SDD No. 22. Frontage: The Primaryl5econdary frontage requirement of 30 feet. requirement. zone district identifies a minimum The two proposed lots meet this ~imensior~: The Primary/Secondary zone district requires lots to be able to enclose a square with a minimum dimension of 80 feet by 80 feet. The two proposed lots do not meet this requirement. However, for the same reasons identified above small lots which do not meet this requirement conform to the intent of SDD No. 22. 2. The second set of review criteria to be considered with a minor subdivision request is outlined in the Subdivision Regulations, 13-3-4, and is as follows: "The burden of proof shall sst with the applicant to show that the application is in compliance with fhe infent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable.... The Planning and Environmental Commission shalt review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions:,, and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. " The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the subdivision is promoting the health, safety and welfare of the community. The subdivision purpose statement from 13-1-2 (C} are as follows: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated and to provide information as to fhe type and extent of improvements squired." Staff Response: The applicant was informed as to the standards and • • • 14 criteria by which the proposed plat and future development would be evaluated. One purpose of subdivision regulations, and any development control, is to establish basic ground rules which the staff, the PEC, the applicant and the community can fallow in the public review process. Development on these two lots is governed by the SDD No, 22 adopting . ordinance. With this proposed subdivision severalportions of the SaD must be amend which where changes when the Amended Final Plat: Daunhinais-Maslev Subdivision Filing 1; A Resubdivision of Lots 5. 6. ?. S, 9, and ?~ was filed to combine two lots resulting in a larger Lot 5. The changes that are necessary to make to the text of SDD Na. 22 can be found within Attachment C. Although this request does not involve the creation of a new subdivision it does include the resubdivision of an existing parcel of land, the minor subdivision process is the appropriate process to take one lo# and subdivide it into two smaller lots. As a part of the overall application the applicant is requesting to eliminate the GRFA limitations identified within SDD No. 22. If that portion of the application is approved by the Town Council the two newly created lots would be limited in development potential by site coverage, setbacks, height, architecture, and orientation. However, if this portion of the application is' not approved staff would suggest that Section 4 of SDD Na. 22 be revised to limit the two newly created lots to 3,157 square feet of GRFA a piece which is a split of the GRFA permitted on the larger Lot 5 as it exists currently. 2. To provide for the subdivision of property in the future without conflict with development an adjacent land. " Staff Response: This proposed minor subdivision take a large lot and subdivides it into two smaller lots which existed prior to being combined and will not adversely affect adjacent land. The proposed minor subdivision does not make either property undevelopable or non- conforming with regard to zoning requirements found within SDD No. 22. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on fhe land. Staff Response: The proposed minor subdivision will have no detrimental affect on the value of land within the Town, "`` 4. To ensure That subdivision of property is in compliance with the Town's zoning ordinances, fo achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives. Staff Response: Staff believes the proposed minor amendment will not preclude a harmonious, convenient and workable relationship among land uses consistent with municipal development objectives. The proposed minor subdivision does not make either property undevelopable or non- conforming with regard to zoning requirements found within SDD No. 22. 15 5. To guide public and private policy and action in order to provide adequate and efficient transportation, wafer, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. Staff Response: The subdivision regulations are intended primarily to address impacts of large scale subdivisions of property, as apposed to this particular proposal to amend this plat. Staff does oat believe this proposal will have any negative impacts an any of the above-listed public facilities. 6. To provide for accurate legal descriptions of newly subdivided land and fa establish reasonable and desirable construction design standards and procedures. ' Staff Response; The proposed minor subdivision will provide for accurate legal descriptions for the two newly configured properties. 7. Ta prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage fhe wise use and management of natural resources throughout the Town in order to preserve the r"ntegrity, stability, and beaufy of the community and the value of the land. Staff Response: The proposed minor subdivision will have no negative affect on the criteria listed above. Findings: The following fndings are used far a Minor Subdivision: 1, That the application is in compliance with the intent and purposes of the Minor Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. 2. That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, and effects on the aesthetics of the Town. lX. STAFF RECOMMENaATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval to the 1/ail Town Council to allow for a major amendment to Special Development District No. 22, Grand Traverse, modifying the GRFA calculations for the District and increasing the number of lots for the District with the findings listed below. Staffs I5 recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval of the applicant's request, staff recommends that the following findings be made as part of the motion: That the proposed major amendment to Special Development District No. 22 complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Cade. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town. 2. With regards to the proposed elimination of GRFA, that: a. Proposed development controls,. such as setbacks, site coverage, height, orientation, and architectural design, exist within the text of 5DD No. 22, Grand Travers, to adequately control buEk, mass, and height of structures, and will maintain the character of new structures to those which exist; b. Proposed development controls comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. c. Proposed development controls will provide adequate availability of light, air and open space. d. Proposed development controls within the SDD will provide a compatible relationship with buildings and uses on adjacent properties. e. Proposed development controls will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed GRFA standards. 3. With regards to the proposed increase in the number of lots from 22 to 23, that: a. Proposed increase in lots provides necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. b. Proposed increase in lots complies with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. c. Proposed increase in lots will provide adequate availability of light, air and open space. d. Proposed increase in lots will provide a compatible relationship with buildings and uses on adjacent properties. e. Proposed increase in lots wi[i result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 17 4. That the proposed development controls within SDD No. 22, Grand Traverse are in conformance with applicable elements of the Vail ViAage Urban Design Guide Plan and Design Considerations. 5. That the development is in compliance with the purposes of the Primary/secondary zone district, that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable eiements of the Vail Comprehensive Plan. The Community Development Department recommends that the Planning and Environmental Commission appr©ves with conditions the Amended Fina! Plaf: A Resubdivision of Lof 5, Amended Final Plaf: Dat,rohinais-Mosley Subdivision Filina 7: A Resubdivision of Lofs 5, fi. 7. 8. 9. and 10, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to create Lots 5 and 7, located at based upon the criteria evaluated in this memorandum. ` Should the Planning and Environmental Commission choose to approve the minor subdivision request staff recommends that the following conditions be made as a part of that motion: 1. That the applicant not record the proposed plat, Amended ,Final Plaf_ A Resubdivision of Lof 5. Amended Final Plaf: L7auahinais-Mosiev Subdivision Filina 9: A Resubdivision of Lots ; . ti. 7. 8. 9. and 10, until both readings of an ordinance to amend SDD No. 22, Grand Traverse, without GRFA 'limitations has be adopted by Town Council If an ordinance to adopt SDD No, 22, Grand Traverse, without GRFA limitations is not approved by Town Council that a GRFA limitation on the new Lot 5 and ?will be 3,15? square feet for each lot and the SDD wi61 be amended and adopted according to Town of Vail Code. 2. That the applicant revise the title of the plat to state Amended Finad Plaf: A Resubdivision of Lof 5. Amended Final Plat: ,Dauohinais-Mosley Subdivision Fiiina 1: A Resubdivision of Lofs 5. 6. 7. 8. 9. and 70 and replace the Town Council signature block with the correct Planning and Environmental Commission signature block prior to submitting the mylar copies for recording. Should the Planning and Environmental Commission choose to approve the minor subdivision request staff recommends that the following findings be made as a part of the motion. 1. That the appfcation is in compliance with the intent and purposes of the Minor Subdivision Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable, 2: That the application is appropriate in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, 18 • and effects on the aesthetics of the Town. X. ~-"PTACHIWIENTS A. Vicinity flap B. Reduced Copies of the plats of the Amended Final Plat: Dauohinais-Moslev Subdivision Filing ?: a RPSrlbdivislnn of Lots ,~. 6. T. 8. 9. and 10 and the proposed amended Final Plat: a Resubdivision of Lot b. Amended Final Plat: Dau ~hinais-MoslPtir S~rbdivision_Filin_g 1: a Resuhrlivisir~n of Lots 5, 6. 7: 8, 9. and 70 - - _ .. . C. Copy of SDD No, 22, Grand Traverse D, Table of statistics for SDD Flo. 22, Grand Travers, prepared by staff <~ • 19 :~ ,~ ; '~i ,~. c ~ ..,. 3 `° ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~. ti. Ire .~,:,~, , .,~. 4 <. ~~' ,~^ .°,~,^r~° .. DGYNI' YJ".. 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E~a31^F°~ t ~ai~d~~~gF~e ~ j~ ~3~ig~s~it~ t ~} ~F~~~'g~~5 ~ ~ . & .~id.=~Fii T~ ~~~~~~ ~~i;~ ~~ ~c~q~ay~1~t ~ti<~3~~~~ a ~..,~~' K: ~ y~ ~i 9 ~~ k ~ € !Pa a a 4`s• p ~ ~ ~ ~xn `.~ae~a y. ~y# ~ ~ ~ a S ~~~~~~ ~ ~ ~ ~ `~~ ~ ee~~e~~ ~aeeaa~d~ o h + .. ,~ L~ x ~~$ s^ a? i` m 5~ ~i $~ ~y ~~ ~~~L ~;,a ~LE~s :FF~§~ €Ei~~t ese~t+ ;x:"t~ ~~~~~ <F.~3~ ORDINANCE NO. 9 Series of '1998 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 10, SERIES OF 1991, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 22, GRAND TRAVERSE, THAT CONCERN THE LOT SIZES, THE NUMBER OF LOTS, THE CORRESPONDING DEVELOPMENT STANDARDS AND ARCHITECTURAL GUIDELINES; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 9 of the Vail Municipal Code authorizes Special Development districts within the Town; and WHEREAS, The Town Council approved Ordinance IVo. 10, Series of 9991 Special Development District Na. 22, Grand Traverse; and WHEREAS, Dauphinais-Moseley Construction has requested to amend the existing Special Development District No. 22; and WHEREAS, Section 12-9A-14 of the Vail Municipal Cade provides procedures for major amendments to existing Special Development Districts; and WHEREAS, The applicant has complied with the requirements outlined in Section 12-9A-10 of the Vail Municipal Code; and WHEREAS, The Special Development District provides for creativity and flexibility to allow for the development of land within the Town of Vail; and WHEREAS, There is an identified need for quality affordable hauling in the community; and WHEREAS, Ora June 8, 1998, the Planning and Environmental Commission held a public hearing an the major amendment proposal and has recommended that certain changes be made to Special Development District Na. 22, Grand Traverse; and WHEREAS, The Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and re-enact Ordinance No. 10, Series of 1991 to provide for certain changes in 20 Attachment: C Special Development District No. 22, Grand Traverse. NOW, THEREFORE, BE IT ORDAINED 'BY THE TOWN COUNCIL 01= THE. TOWN OF VAIL, COLORADO, THAT: Ordinance No. 10, Series of 1991 is hereby repealed and re-enacted to read as follows: Text to be deleted is shown as sic t!~r~# and text to be added is shown in bold. Section 1. Amendment Procedures Fulfilled. Plannina Commission Report The approval procedure prescribed in Title 12, Chapter 9, Section 10(B) of the Vail Municipal Code have been fulfilled,. and the Vail Town Council has received the repor# of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 22. Section 2. Soecia! Development District No. 22 Special Development District No. 22 (SI?D 22) and the development plan therefore, are hereby approved for the development of Lots 1 through 19, Block 2, Liansridge Subdivision Filing 3 within the Tawn of Vail consisting of 10.69 acres. Section 3. Puraose Special Development District No. 22 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Tawn Gouncil:and meets each of the design standards and criteria as set forth in Section 12-9A-8 of the Vail Municipal Code. There are significant aspects of Special Development District No. 22 that are difficult to satisfy through the imposition of the standards of the underlying PrimarylSecondary Residential Zone District. Special Development District No. 22 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. The smaller single-family lots provide the opportunity far a common 21 open space far the subdivision as well as the means to preserve the southerly ridge line of the property. Special Development District No. 22 provides an A. appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties in the community in general. Section 4. Development Plan The development plan for SDD 22 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Dauphinais-Moseley Construction and consists of the following documents: 1. Site development plan, Lionsridge Resubdivision of Lots 1-19, Vail, Colorado, Intermountain Engineering, dated July 7, 1998. 2. Conceptual landscape plan, Intermountain Engineering, dated July 7, 1998. 3. Final Plat of Lionsridge Subdivision Filing No. 5, A Resubdivision of Lots 1- 19, Black 2, Lionsridge Subdivision Filing No. 3, Town of Vail, County of Eagle, State of Colorado, sheets 1 and 2, Intermountain Engineering Limited, dated Aprii 19, 1989, Amended Final Plat of Dauphinais-Moseley Subdivision Ealing No. 1, A Resubdivision of Lats 5, 6, 7, 8, 9 7 10, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated July 21, 1998, and Amended Final Plat: A Resubdivision of Lot 5, Amended Final Fiat: ©auphinais-Mosley Subdiv"rsion Filing 1; A Resubdivision of Lots 5, fi, 7, 8, 9, and 10, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated , ~, 2005. 4. Construction, grading and drainage drawings for a resubdivision of Lots 1- 19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town of Vail, Eagle County, Colorado, Intermountain Engineering Limited, sheets 1-$, dated March 9, 1989. ~. Soils and Foundation Investigation for Lots 1-24, Lionsridge 5th Filing. 6. Lionsridge Color Palette, Arnold/GwathmeylPratt Architects, March 1990. 7. The subdivision plat for Dauphinais-Moseley Subdivision recorded August 23, 1990, July 21, 1998, and , 2005. 22 S. The development standards shat! be as follows: 1. Acreage: The total acreage of this site is 10.69 acres or 465,650 square feet. 2. Permitted Uses: The permitted uses for SDD 22 steal! be: a. Single family residential dweikings b. Open space c. Public roads d. Employee dwelling units as defined in Section 5, paragraph G of this ordinance. 3. Conditional Uses: a. Public utility anal public service uses b~ Public buildings, grounds and facilities c. Public or private schools d. Public park and recreation facilities 4. Accessory Uses: a, Private greenhouses, taoksheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of the Uaik ` Municipal Code. c, Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. nnc C+r1 CY . tct9-'vc~-r-i- 23 ~~T til?E - CsR~~ -. 1 11,OflG J,?g3 x,71 B 10,~~0 4;~C 1' 3 11,+QC °,471. ~,' ~# 11,'1 ~,~~ x.,'14 7 1 ~,~-~ 1 ~?9 1,4~ . ~ 11',~fl 1,ti'T ~~e~ 11 14 3ri'1 1D 1<,001 x,`171 ',~ 1v i~,1~C ¢,171 ~~ ;~ - 11,1 G1 - - ',1 ~'". ~, a-' ~;4fi4 ~,~r'~ '718 ~ ~ ~~ ~,~ 19 ". 10 4'>Q 1~ -- ~,~0~ x,:'13 ^G' C,["~1 x,1'1 ~,'~96 ~1 1 C,~9 f ve~1 ' ~ c,1c~ ~, ~ `'~'~ ° z, ~~ c~a~ ~ ~'1 ~° . ~„ 1 Q,~'J ~~~~ ~--7-1-8 ~1occ ~F,'~ :hill , _~ ~ r::~~~r~ uy~; " } ,,,1.,~ f yy4 is .~.~~ 1~"~v a 4ari..r ,a,.~~l+t ~~.~. .tai V';I~r I>~{~i~ ~~} "~~/f~ ~i ."s~F 26~~'JCl.:1I1-~~'~ilVi~rQ*~. C~GIf to®I:;~C, ~g~11tG~ iuy ~Ir\~ci[~ 24 z?~:u~* .,ra n+~ina.,,iin .,+ ^^ek le~~.~;-~e~±w, f'~c, ~:~c~ :wita~l ^h~,~.,~, ~.~~r.!'e, G.vl . ~u ca we ~ruri. nu:ne• ~.rn,•rl nr,..~~ f.. ~.-~~..J r..i ~i^~r~JYGTG'~QO eIE~., r..~~ .~°hne+' #r. ~~ 7 G ~4 ~hwll ~l ee hh~,~ee~t-~Y:e r~:':+s+ar~~€ .u ~` 1~.t`TI^ h~i~r+.ir,r~c nnn+nininn barn wr ~e , ear ~i ~Qit-~c 6~6C1::~'~~~,!~t,~n !C ~A: 1. a ~~~ce~s-ef -~~, t! fh ire f s~a~ie-Aet-e~~ed~n~ ~ w:a ' cfa ~Jlew;~e '?. .4t#+Y Y;.~~it~ ^ ~~FI+~2i;~1` cf fl~~° {~~;e~a, !ii mea=-rr ~c'.~~ •~e ctrc~~rcl ,~,on.,+,o.~ ,.f ++,o flccr t^ +~,o . rnr~oroir{o ~.+ }moo >a~~~rcl m~rr:~er~ cf *,~e-~.,,.~;Te~s, ~.. ~~,,,,~ n++ic ~r ~ier~--~F c resf~-ith t ~I frca~ `'~~wvl c~rccse r.~s:sci~lc t'~rh c.~r ~eni:~~ n sa:.wr ' t, ~~ pct:urn #r_r~ +~° ~r.rf~^° ~f +~~ ccrth tW th~ersir~e-e~f ~r~~~rcl flee ~wm~. ~+orc of +F,o flnnr/nnitir'~{~ ~eL ~h}`r~ ~~~,y~ 1. I~ee#e~ er ~ecl.c, ICefs#~~w, *~rrer~~~, ,,~~~ ~ ~mil~r fe~`ursr`c~se-w'ith n3--fla~rc *h~n `.hr~e-e~c~e~ie+=~valfc c:,~ ~ mini Allaninr, .,f nn+,rerthan "~°'o-~f'.ho--4i~tei n°rf ~hc ~{ sa+~ de I:, raFSb,~~rrw~e, wrt~t~-~r iir:iil~r {~~tur~s~r-rr~#e a~~ni:~~ is aicuc-s~-RC f-~II~~ ar~n frnr tc ~eil+t~v-'ifh •~ '''''"n~~~er ~ rr cf -~~. tc thr~s-#e€~+ in hat: 25 6~~1 rFyll to ~~ ~ 'c!: 1`' `' ~~t#e~'9il F.i~.r.al cede- €~d-a~€~~~ ~~s-~cf fc. tetwl _ ~iet~te-t`~ ~ ~ I; , 6~€-~.) rh hall s ::nii n~sk~de-any f' +~. lY-is~~ple~a.. 65. Setbacks: Minimum setbacks shall be as indicated on the approved site development plan by Intermountain Engineering, dated Juky 7, 1998. A 4-foot roof overhang shale be allowed in the front setback for tots 15-19, provided the rear setback is increased by 4 feet, A 4-foot roof overhang shall be allowed in the rear setback of Lots 20-24, provided the front setback is increased by 4 feet. Roof overhangs shall be allowed to encroach up to Z' feet into the required side setback of 10 feet for each lot. An unenclosed, unroofed, deck ar patio within 5 feet of finished grade may encroach into the rear setback by 5 feet for Lats 1-14 and Lats 20-24. No other setback encroachments shall be ailowed. ~. density: Approval of this development plan shall permit a total of ~ 23 single- family dwelling units on the entire property. A minimum of 6 employee dwelling units shall be required. A maximum of ~ 23 employee dwelling units shall be permitted on the entire property. "'~ 87. Building Height: For a flat roof or mansard roof, the height of the building shall not exceed 30 feet. For a sloping roof, the height of the building shall not exceed 33 feet. The height calculation shall be made by measuring from the existing grade. as indicated on the Intermountain Engineering `t`opographical Survey dated March 13, 1990 or fnished grade. Height shall be calculated per Section 12-2-2 of the Vail Municipal Code. - 26 38. Site Coverage: Not more than 25 percent of the total site area on each lot shall be covered by buildings. ~~~~+"-e;~€~n ~f !~a~--b-Q~ Lct ~, ;yet-~re~o thcrr 2~ t~l vita arac R'~}~~ed-f}},• c f~uil "Site coverage" shall mean the ratio of the tote[ building area on a site to the tote! area of a site, expressed as a percentage. For the purpose of calculating site coverage, "building area" shall mean the total horizontal area of any building as measured from the exterior face of perimeter building walls or supporting columns above grade or at ground level, whichever is the greater area. Building area shall include all buildings, carports, ports cocheres, arcades, and covered or roofed walkways. In addition to the above, building area shall also include any portion of roof overhang, save, or covered stair, covered deck, covered porch, cowered terrace or covered patio that extends more than four feet from the exterior face of perimeter building walls or supporting columns. a-99. Parkins: Parking shall be as required in Title 12, Chapter 10 of the Vail Municipal Code. Each employee dwelling unit shall be required to have at least one enclosed garage parking space. -1-~1U. Design Guidelines: The development of each I©t sha91 be guided by the architectural and landscape design guidelines as approved as part of the Special Development District No. 22. The guidelines are as follows: a. Architectural. The architectural design of the buildings uupon the site shall be such that buildings relate harmoniously to each ether. This is net to imply that each building must look exactly similar to those around it, but that compatibility be achieved through the use of scale, materials and colors, and building shape and form. The overriding concern is that, upon completion, the Special Development District, because of the clustered nature of the small single family lots situated around common open 27 space, should appear to be an integrated development possessing a common architectural quality, character, and appearance. To this end the following general design criteria shall be followed by the developer and individual lot owners: b. A palette of colors shall be as set forth in the IWionsridge Color Palette from ArnoldlGwathmeylPratt dated March 1990. Colors are indicated for the use on different types of building materials and elements such as stucco colors, siding colors, metal flashing, windows, accent colors, etc. The palette of colors indicate a ranee of acceptable colors in order to encourage similarity an one hand, but also diversity within the acceptable ranc~~. c. The following building standards and materials shelf be adhered to: {1) Roof. The roof pitch shall be a minimum 8112 and a maximum of 12J12. A gable, clipped gable or hipped roof shall be mandatory. Dormers shall be allowed and reviewed by the Design Review Board. The roofing material shall be cedar shake shingles with staggered butts. {2) Chimneys. The chimneys shall be stucco with chimney caps of weathered. capper. {3) Flues. All flues shall be galvanized or painted sheet metal, painted to match the roof. {4) Main Fascia. The main fascia shall be a solid color stain, with brown, taupe, or gray. {5) Secondary Fascia and Metal Railings above the First Floor. The secondary fascia and metal railings above the first floor shall be a muted accent trim color to be reviewed by the DRB, ~8 (5) Walls. Walls shall be of stucco and horizontal or vertical wood siding. Stucco colors shall be gray, beige or off-white. Wood siding colors shall be gray, brown or taupe. (7) Stone. Residences will have a .minimum of a two feat high stone wainscot in rainbow mix with a sandstone cap around the perimeter of the structure except under docks where substantially concealed by landscaping. (8} Windows. Windows shall be recessed a minimum of two inches from the outside wall plane and have a sandstone sill. Trim shall be whiter taupe or brown. (9} Outdoor Liahtinq, Outdoor lighting shall be indirect with a concealed source except for an entry chandelier, two can-loge lights and one pilaster light which may be exposed globes with a fixture of black or weathered copper Look metal. The maximum number of outdoor lights permitted on each lot shall be 15 regardless of lot size. Outdoor fights which conform with Qrdnance #22, Series of 1997, shall be exempt. All exterior lighting shall be reviewed by the DRB. (14} Garaaes. No garage doors shall directly face the street, except on Lot 24 and Lot 14. .., (11 } A residential address/nameplate if desired by the owner shall be located on the side of the garage facing the access point to the lot. ' (12) When the individual landscape plans are designed for individual lots, special care shall be taken in the design of side yard landscaping in order to provide adequate screening between structures. X11. Recreational Amenities Tax: The recreation amenities tax shall be assessed at the rate for asingle-family residential zone district. 29 Section 5. Conditions of Aooroval A. The major amendment to Special Development Districf No. 22, Grand Traverse, shall not be effective until the major subdivision is recorded by the Town of Dail at the Eagle County Clerk and Recorder's Office. B. The major subdivision shall be recorded at the Eagle County Clerk and Recorder's ©ffice prior to a building permit being released for any construction on Lots 2, ~, 7, 9 or 10. C. The development of Special Development District No. 22 wi[I have impacts on the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee hauling need, the developer of Special Development District No. 22 shall provide employee housing on site. The following restrictions shall apply to all employee dwelling units within SDD No. 22: 1. The developer shall build a minimum of six employee dwelling units within the subdivision. Each employee dwelling unit shall have a minimum square footage of 400 square feet not to exceed 800 square feet and is allowed to have a kitchen. The 6R,€~'~ cad number of employee units shall not be counted toward allowable density er~C~A for Special Development District No. 22. The developer may choose to transfer up to 300 sq.'ff efF~4 from the primary unit to the employee unit. T"° noee +....,,.f,,....:~ ,.,:ii Mt C~-fem.;, t"c ta~^ ..~~,~..~Irlc ~avr„~tn~ F.ir.:~ry The developer may provide up to 15 employee dwelling units including the 8 required dwelling units if so desired. 2. The employee dwelling units may be located on any of the lots within the subdivision providing all the development standards are • 30 met for each lat. Only one employee dwelling unit shall be allowed per lot with a maximum of 1b units allowed. An employee dwelling shall be incorporated into the structure of the primary residence and shall not be allowed to be separated from the primary unit. Each employee dwelling unit shall at least one enclosed garage parking space. This parking space shall not be detached from the single-family garage or structure. Each phase of construction shall include a minimum of one employee dwelling unit until six employee dwelling units are constructed and available for rental. 3, The Employee Housing Unit shall be leased to tenants who are full-time employees who work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. For the purposes of this section, afull-time employee is one who works an average of thirty hours each week. 4. An EHU may not be sold, transferred, or conveyed separately from any two family dwelling it may be a part of. 5. The EHU shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as those terms are defined in the Municipal Code of the Town of Vail. 6. Mo later than February 1 of each year, the owner of each ` employee housing unit within the town which is constructed following the effective date of this chapter shall submit two copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Town of Vail and Chairman of the Town of Vail ~i Housing Authority setting forth evidence establishing that the employee housing uNt has been rented throughout the year, the rental rate, fhe employer, and that each tenant who resides within the employee housing unit is a full-time employee in Eagle County. 7. The owner of each EHU shall rent the unit at a monthly rental rate consistent with or lower than those market rates prevakent for similar properties in the Town of Vail. 8. The Town of Vail Housing Authority will determine the market rate based on the study of ather units of comparable sire, location, quality and amenities throughout the Town. The market rate shall be based on an average of a minimum of five rental rates of comparable units. If the unit is not rented and is not available at the market rate it shall be determined to be in noncompliance. In addition to any other penalties and restrictions provided herein, a unit found to be in noncompliance shall be subject to publication as determined by the Housing Authority. 9. The provisions of these restrictive covenants may be enforced by the Owner and the Town. ~, 10. The conditions, restric#ions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the writ#en consent of both the Town of Vail and the Owner of the property. D. The architectural and landscape design guidelines shall be incorporated into the subdivision covenants before the final plat is recorded at the Eagle County Clerk and Recorder's ©ffice. The Town ~f Vail shall be 32 party to these agreements. Section 6. Amendments Amendments to Special Development District No, 22 shall follow the procedures contained in Section 18.40.100 of the Vail Municipal Code. Section 7. Exairation The applicant must begin construction of the Special Development District within 3 years from the time of its fina6 approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection, the Planning and Environmental Commission shall review the Special Development District, They shall recommend to the Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be reuoked, or that the Special Development District be amended.. Section 8. If any part, section, subsection, sentence, clause or phrase of. this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council. hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, . <. regardless of the fact that any one or more parts, sections, subsections; sentences, clauses or phrases by declared invalid. Section 9. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. Section 10. 33 The repeal or the repeal and reenactmenf of any provisions of Vaii Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 11. All bylaws, orders, resolutions and ordinances, ar parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND MASSED ON FIRST READING THIS _ day of _, 2005, and a public hearing shall be held on this ordinance an the _ day of , 2005, at 6:00 p.m. in the Council Chamber of the Vail Municipal Building Vail, Colorado. Ordered published in full this __.. day of .2005. ,~. ~, Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Tawn Clerk 34 INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED By Title Only this _ day ofi , 2(}05. ATTEST: Lorelei Donaldson, Town Clerk • ;~ -~' 35 • cU c~ m 0 ~ O M O M M~ O r -~. U7 N N O r O~ N Q1 07 ~ M C 'd' ~ C ~ C M Cif] i,f) ~ CQ h- O O iN-- V ~ `~ LLB N M M ~ N N N M M N N N' N N N N N N N N N r N U 7 L G O G? 0.5 ~ r N Lf) O~ CD [O I+ It O lf? 4~ R <1' M M l,C) M1 O O N M1 ti ~fS t0 fem. ~ I` lf'S ~ ~ O O ~ AQ Op M N N r Op LL'7 L(7 LLB Op ~f? ~ O O cQ ~] C7] 07 00 SD [O f1 N R I~ r r r ~ N [~ ~ M N CU ~ N~ N N N N M C~] M N M M N N N N N N N N N N N ~ ~ © ~ O 3 N o ~ Q N L ~ ~ ~ (fl ~ ~ N `a' O O ~0 N CO ~ ~# O O 00 ~ 00 CS? 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L[7 1~ LC] M1 ~ ~N~e'~NC'~J c'~i~~ts7c+]c"iMM[V NNMNMC°](V MN~ rL ~ V ~ CL' N N ~ LnapOr u7MM00c3)Mt-rn r O~~NOr ~`c79c0O 4 st O CO G! N C3a aD N O o0 uf} L[S CD C7 N '~ U} M N l!? i~ Gp rp ~''> ~? 'ct c7C7 O r r ~ d0` ~ O ~ ~ N ~ ~ cQ 4 r LD r r r r [i7 d" c# O N lfS r 00 ~~ 0 0 C7) O C7) G) O J r r r r r r r r r r r r r r r r JrNM~ ~M1CY i35OrNM~7'~OM1CG W OrNM[7 r r r ~-- r- r r r r r N N N N N ~F (L5 Cp O ~ ` 4 U O O Itl O O O Q~ U C a Attachment: U • MEMORANDUM TO: Planning and' Environmental Commission FROM: Community Development Department DATE: September 2Q, 2005 SUBJECT: A request for a final review of a major exterior alterafi~an, 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 Garden Level, and 12- 7H-3, Permitted and Conditional Uses; First Flaor on Street Level, Vail Town Code, 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 SPEC 05-0062 and PEG 05-006.3). Applicant; Vail Resorts Development Company, represented by Braun Associates, Inc. Planner: Warren Campbell I. 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 changes which have been made to the application in response to comments 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 fiat roof on the structure and the proposed landmark tower. 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 October 10, 2005, hearing. , II. DESCf'31PTION QF THE REQUEST The purpose of today's work session hearing with the Planning and Environmental Commission is to allow the applicant an opportunity to present the changes which have been made to the application in response to comments from the previous meeting. After the presentation the Planning and Environmental Commission will be asked to provide additional feedback regarding the revisions to the proposal. The proposed Ritz-Carlton Residences project is on the third and final parcel of the comprehensive development site encompassing the existing Marriott Hatel, the Gore Creek Residences, and the West Day Lat parking area. The West Day Lot parking area and the existing Marriott parking structure sites total 2.399 acres in size and is proposed to be the location of the Ritz-Carlton Residences praject. A vicinity map identifying the location of the development site has been. attached far reference (Attachment A}. A description of the praject provided by the applicant is attached far reference (Attachment B}. A reduced set of plans dated September 26, 2005, are attached far 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 1a7 multiple- famlly dwelling unit structure; and A conditional use permit far "lodge rooms ar dwelling units" located on the basement ar garden level and the first floor or street level of the structure. The key elements of the proposal include: • A 107 multiple-family dwelling unit condominium structure; • A total of 212,695 square feet of Gross Residential Floor Area (GRFA); • A 388 space below grade parking structure below grade to serve as parking far the Marriott Hotel and the Ritz-Carlton Residences; • A landmark feature which is 124 feet in height; • A loading and delivery facility comprised of three bays; • A lobby/lounge area with a front desk, concierge, and valet; and • A media roam, game roam, and pool/hot tub deck. 111. BACKGROUND The subject development site includes several parcels of land currently used for the Marriott Hotel, the parking structure far the Marriott Hotel, the Gare Creek Residences, and the West Day Lat. Marriott Hotel History (Parcel 1 of the West Day Subdivison) fi. 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 roams, meeting rooms, a restaurant, and other hotel amenities. West flay Lot History (Parcel 2 of the West Day Subdivision) The western portion of the site (the Morcus Subdivision}, known as the, "West Day Lat", was regraded and used for Vail Resorts employee 2 parking. Prior to the rezoning of this parcel to Lionshead Mixed Use 1 in 1999, the property was zoned Parking District. On August 22, 2005, the Planning and 1=nvironmental Cammission held an initial hearing on the Ritz-Canton Residences. At that hearing Staff proved the Commission with parameters by which the project would be reviewed. At this hearing the Cammission 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 future lift and within an overall greater porkal to the mountain being created in western Lionshead. On September 12, 2005, the Planning and environmental Commission expressed that there were no concerns with the Conditional Use Permit that was being request for dwelling units on the first floor ar 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. Several members expressed a need far the western elevation slang the Frontage Road to have step backs incorporated into the architecture. Gore Creek Residences History (farce! 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 two-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-fa'rimily and two-family residential dwelling proposal 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 Commission approved, with conditions, a conditional use, permit and a major exterior alteration application on this site far eight two-family structures far a total of 16 dwelling units. On December 13, 2004, the Planning and Environmental Commission approved a minor subdivision establishing the West Day Subdivision (A#tachment D} which is comprised of three parcels. The approval and recording of the West Day Subdivision was the culmination of the review 3 of the Gore Creek residences during which it was agreed that the three lots comprising the West Day Subdivision would be tied together far zoning purposes. A note was placed upon the West aay Subdivision which states the following: "l=or the purposes of zoning, Lots 7, 2, and 3, created by this subdivision are to be treated as one development site. Development standards shall be based upon the improvements and land area of fhe combr`ned area of Lots 9, 2, and 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 LotlMarriott HoteVGore Creek Ptace Approved Development PIanlQevelopment Allocations", and dated December 6, 2404. tV. ROLES OF THE REVIEWING BOARt]S 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 Gompany. A. Exterior AlterationlNiadifrcation in the Lionshead Mixed-Use I • zone distric# 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 Gommission: Action: The Planning and Environmenta6 Gommissian is responsible for final appravalldeniaf of a MajorlMinor Exterior Alteration. The Planning and Environmental Gommissian shall review the proposal far compliance with the adop#ed criteria. The Planning and Environrriental 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." Design Review Board: Action: The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. Sfaff.- 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 4 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 Cauncii: Actions of Design Review Board or Planning and Environmental Cammission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, ar overturn the board's decision. B. Conditional Use Permit tCUP~ Order of Review: Generally, applications 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 Enviroonmentai Commission: Action: The Planning and Environmental Commission is responsible for final approvalldenial of CUP. The Planning and Environmental Cammission shall review the request far compliance with the adopted conditional use permit criteria and make findings of fact with regard to the project's compliance. C?esign Review Board: Action: The Design Review Board has no review authority an 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 Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision, • V. APPLICABLE PLANNING DC?CUMENTS The following checklist was created to provide a means of evaluating the Ritz- Garltan Residences proposal for compliance 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 located relevant portions of the Master Plan which pertain to this proposal. Lionshead Redevelopment Master Plan Chapter 2: Introduction ^ 2.1 Purpose of the Master Plan ^ 2.2 Qefinition of a Master Plan ^ 2.3 Policy C7bjectives ^ 2.3.1 Renewal and Redevelopment ^ 2.3.2 Vitality and Amenities ^ 2.3.3 Stronger Economic Base Through Increased Live Beds 2.3.4 Improved Access and Circulation ^ 2.3.5 Improved Infrastructure ^ 2.3.6 Creative Financing for 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 -Residential/Mixed-Use Hub ^ 4.3 Connections to the Natural Environment ^ 4.3.1 Visual Connections ^ 4.3.1.2 North-South Orientation of Buildings ^ 4:6 Vehicular and Pedestrian Circulation ^~ 4.6.4 Modifications 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 6 ^ 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 Qpportunities ^ 4.19 Gateway, Landmarks, and Portals ^ 4.10.2 Landmarks ^ 4.11 Public Art Chapter 5, Detailed Plan Recommendations ^ 5.13 'The Harriett . ^ 5.13.1 Redevelopment or Development of the Parking Structure ^ 5.17 West Day Lot! Vail Associates Service Yardl Holy Cross Site Chapter 0, Site Design Guidelines ^ 6.4 Secondary Pedestrian Walk ^ 6.6 Pedestrian Path Chapter 8, Architectural Design Guidelines ^ 8.1 Vision Statement ^ 8.2 ©rganization, Purpose and Scope ^ 8.4.2 Architecture $,4.2.1lntroduction ^ 8.4.2.2 Building Form and Massing ^ 8.4.2.3 Building Height ^ 8.4.2.4 Exterior Walls ^ 8.4.2,E Roofs ;"~;} Resolution 18. Series of 2004: A Resolution Amending Certain Sections 4f The Lionshead Redevelopment Master Plan ~:larif iy ng And Affording ALL Tvnes Of Development Praiect5. `°N~w And Redevelopment", Fl~:xihility In The Aoolication Of The Architectural f)eSinn Guidelines. AS Prescribec! In Chanter $ Of The Lionshead Redevelopment Master Plan. And Settinra Forth Details In Regard Thereto. $.3.3.A Review Criteria for peviatio»s fo the Architectural Design Guidelines for New Development Similar to the impleme»tatio» pglicies of the ADG prescribed for existi»g~ structures, the Town has determined fhaf there may be insfa»ces where flexi6ilify i» requiring strict compliance with the Guidelines for new 7 development maybe in fhe best interest of the community and fhe furtherance of the goals and objecfives stated in fhe Lionshead Redevelopment Master Plan. That said, however, it is acknowledged that such instances are rare and extraordinary, and shall be considered on a case-by-case basis. To aid in determining when flexibility shall be afforded fo new developmenf from strict compliance with the Guidelines, review criteria have been established. The degree of design deviation flexibility afforded to a development project shall bear proportionately to the extent of fhe improvements proposed. For example, a development application that proposes fhe consfruction of a new structure which includes the demolition of an existing structure or adds significant volume or mass to a property, shat! more fully comply with the prescribed Architectural Design Guidelines outlined in the masfer plan than an application which proposes a renovation or addifion to an existing building The following criteria shall be used by fhe .Town of Vail Planning & Environmenfal Commission and Design Review Board to determine if deviations fo the Guidelines should be granted: It shall be fhe burden of fhe applicant fo demonstrate fo fhe satisfaction of the Town of Vail Planning & Environmenfal Cornmissian following a recommendation from the Design Review Board fhaf: • The request for design deviations are r'n compliance with the purposes of the zone district; and The proposal which includes fhe design deviations is consisfent with applicable elements of fhe Lionshead Redevelopment Master Plan; and The proposal whr'ch includes the design deviafions does naf have a significant negafive effect on fhe character of the neighborhood; and • The proposal subsfantially complies with other applicable elements of the Vail comprehensive plan; and • The design deviation meets or exceeds the intent of the specific design standards as prescribed in Section 8.4; arid, • A public benefit is achieved as a result of the design deviation; and, ... • The design deviation furthers the goats, objectives and purposes as stated in Sections 2.3, 2.5 and 8.2 of the Lionshead Redevelopment Master Plan. Zoning Repulafions Lionshead Mixed Use - 1 Zone District (in part} 92-7'H-7: PURPOSE: The Lionshead Mixed Use-9 zone district is intended to provide sites for a mixture of multiple family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling unify, restaurants, offices, skier services, and commercial • • establishments in a clustered, unified development. Llonshead Mixed Use 3 zone district, in accordance with the Llonshead Redevelopment Master Plan, is infended fo ensure adequate Nght, air, open space and other amenities appropriate to the pemaitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This Disfrict is meant to encourage and provide incentives for redevelopment in accordance with the Llonshead Redevelopment Master Plan. This Zone C7istrict was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is fo create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable grass residential floor area, building height, and density over the previously established zoning in the Llonshead Redevelopment Master Plan study area The primary goal of the incentives is to create economic canditions favorable to inducing private redevelopment consistent with the Llonshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any development/redevelopment proposal faking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public arf, roadway improvements, and similar improvements. t2-7H'-2: PERMITTED AND CONDlT10NAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substantially below grade. B. Permiffed Uses. The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Commercial ski storage. Ealing and drinking establishments, Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. "`k: Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permifted uses described in this subsection, in accordance with the 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, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 96 of this Title: Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Major arcade. 9 Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing unify (Type 111(EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Theaters. Additional uses defermined fo be similar to condifional uses described in this subsection, in accordance with the provisions of Section ? 2-3-4 of this Trf1e. 12-7H-3: l',~RMfTTED AND CONDITIONAL USES; F/RS7 FLUOR 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 sfreef level along a pedesfrianway. B. Permitted Uses: The fo!lowr°ng uses shall be permitted on fhe first floor or streef level within a structure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses deferrnined fo be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3- 4 of this Title. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor wifhin a structure, subject fo r`ssuance of a condifional use permit in accordance with fhe provisions of Chapter 16 of fhis Title: Barbershops, beauty shops and beaufy parlors. _ Conference faciGfies and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges acrd accommodate"on units. Multiple-family residenfial dwelling unify, " .time-share unify, fractional fee clubs, lodge dwelling units, acrd employee housing unr`fs 'Type fI! (EHU) as provided ire Chapfer 13 of this Title). Radio, TV stores, and repair shops, Additional uses determined to be similar to conditional uses described in fhis subsection, r`n accordance with the provisions of Section ? 2-3-4 of this Title. 12-7H-4: PERMITTED AND GONDlT1ONAL USES; SECOND FLOOf,' AND ABOVE: A. Permitfed Uses, Exception: The following uses shall be permitted on those floors above the first floor within a sfructure: Lodges and accommodafion units. 10 Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type Ill (EHU} as provided in Chapter 93 of this Title}. Additional uses determined fo be similar fo permitted uses described in this subsection, r`n accordance with the provisions of Section 12-3- 4 of this Title. 92-7H-6: ACCESSORY USES: The following accessory uses shall be permitted in fhe Lionshead Mixed Use 9 zone district: Home occupations, subjecf to issuance of a home occupation permit in accordance with the provisions of Section 72-14-92 of this Tr`tle. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcade. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor diming areas operated in conjunction with permitted eating and drinking esfablishrnents. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory fo permitted or conditional uses, and necessary for the operation thereof. 12-7H-8: COMPLIANCE BURDEN: !f shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and fhe Design Review Board fhaf the proposed exterior alteration or new development is in compliance wifh the purposes of fhe Lionshead Mixed Use 7 zone district, fhaf the proposal is consistenf with applicable elements of the Lionshead Redevelopmenf Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies wifh ofher applicable elements of fhe Vail comprehensive plan. 72-7H-~8: MIT1GATlON OF DEVELOPMENT' IMPACTS: '~`~,„ Property owners/developers shall also be responsible for mitigating direct Impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. fmpacfs may be determined based on reports prepared by qualr'fied consultants. The extent of mitigation and public amenity improvements shall be balanced with fhe goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited tq the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream fracf/bank improvements, public art improvements, and similar improvements. The infent of this secfian is fo only require mitigation for large scale redevelapmenUdevelopment projecfs which produce substantial off life impacts. 11 VI. ZONING ANALYSIS AddresslLegal Description: Parcel Size: Zoning: Land Use Designation: 720 and 728, West Lionshead Circle, and 825 West Forest RoadlLots 1, 2, 3, West Day Subdivision 6.82 acre (297,185 sq. ft.) Lionshead Mixed Use 1 Resort Accammadatians and Services The West Day Lot Development is comprised of three parcels which include the exis#ing Marriott Hote! 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 wilE become a part of the Approved Development Plan for the three parcels included within the West Day Lot Development Site.. Development Standard Allowed Existing P_rogased Land Uses: Lot 1 - Marriot Hotel Lot 2 -West Day Lot and Marriott Hotel Parking Structure Lot 3 -Gore Creek Residences Lot Area: 14,000 sq, ft. 297,165 sq. ft. 297,165 sq. ft. Setbacks All Sides: 14 ft. 10 ft. 10 ft. Suilding Height: 71 ft. avg. 70 ft. avg. 67.9 ft. avg. 82.5 ft. max 80.5 ft. max 82.5 ft. max Density: 238 DUs {35lac.} 51 DU {7.51ac.} 158 DU (23.11ac.} Unlimited AUs 276 AU 276 AU GRI;A: 742,912 sq. ft. 213,239 sq. ft. 425,934 sq. ft. • • Site Coverage: 208,015 sq. fit... 148,07fi sq. ft. 243,234 sq. ft. {70°/a} {49,8°/a) "`w~ {68.4%} Landscape Area: 59,433 sq. ft. (20%) 139,713 sq. ft. (41%} 119,772sq. ft. (40.3%} Parking: 155 {1.4/DU} 412 spaces 498 spaces 276 (4.7lAU} The following analysis is performed solely on the site proposed to be the location of the Ritz~Carlton Residences. AddresslLegal Description: 728 Wes# Lionshead GirclelLot 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 12 • • Development Standard Allowed Existing Land Uses: Lot 2 -West Day Lot and Marriott Hotel Parking Structure Lot Area: 10,000 sq. ft. 104,500 sq. ft. Setbacks All Sides: Building Height: Density: GRFA: Site Coverage: Landscape Area: 10 ft. ~ NA 71 ft. avg. NA 82.5 ft. max 83 DUs (351ac.} NA Unlimited AUs 261,250 sq. ft. NA 73,150 sq. ft. NA (70%) 20,900 Sq. ft. (20°./°} NA Proposed 104,500 sq. ft. 10 ft. 65.9 ft. avg. 82.5 ft. max 107 DU (44.61ac.) 212,695 sq. ft. 77,760 sq. ft. (74.4°!°) 25,060sq. ft. (23,9°J°) Parking: 145.6 (1.4/DU} 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 to replace the structure, and 5 are surplus. VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Residential Lianshead Mixed Use 1 District South: Open Space Natural Area Preservation District East: Residential Lianshead Mixed Use 1 District West: Public Utility General Use District VIII. MAJOR EXTERIOR ALTERATI ON REVIEW CRITERIA k,~ Section 12-7H-8, Compliance Burden, Vail Town Code, .,outlines the review criteria far major exterior alteration applications proposed within the Lianshead 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 Lianshead Mixed Use 1 zone district; 2. That the proposal is consistent with applicable elements of the Lianshead Redevelopment Master Plan; 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, 13 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 fallowing finding as part of the mo#ion: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of fhe evidence before the Planning and Environmental Commission and fhe Design Review Board that fhe proposed motor exterior alteration is in compliance with fhe purposes of fhe Lionshead Mixed Use 1 .zone district, that fhe proposal is consistent with applicable elemenfs of the Lionshead Redevelopment Master Plan and fhaf the proposal does not otherwise have a signr'ficanf negative effect on the character of the neighborhood, and that fhe proposal substantially complies with other applicable elements of the Vail Comprehensive Plan, " IX. CONDITIONAL USE PERMIT REVIEW CRITERIA As previously discussed in Section II of this memorandum, the applicant is requesting approvaV 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 vn Street Level, to construct dwelling units within the Garden Level and on the First Flaar 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 Tawn Code. Section 12-16-6, Criteria; Findings, Vail Tawn 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 Gvde, the Planning and Environmental Commission shalt 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 flaw and control, access,. maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Should the Planning and Environmental Commission choose to approve tl7e application, staff recommends that the Commission make the following findings before granting a conditional use permit: 14 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 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. RES+DLUTION 18. SERIES 4F 2004. REVIEW CRITERIA The applicant is requesting two architectural design deviations which are permitted flexibility under the Lionshead Redevelopment Master Plan and are subjec# to review by the Planning and Environmental Commission under a set of criteria. If certain findings can be made by the Planning and Environmental Commiss'ran, upon receipt of a recommendation by the design Review Board, flexibility can be granted. The two architectural design features the applicant is requesting flexibility from are: 1. The Master Plan limitation on a maximum of 540 sq, ft. of flat roafed areas; and 2. The Master Plan requirements for an architectural landmark which is 124 feet tall, Staff will not address the specific criteria at this time regarding the two architectural design elements the applicant is requesting to deviate from in the Lionshead Redevelopment Master Plan. Staff's initial analysis regarding the two architectural design deviations are as follows: 1. Flat Roofed Area of the Structure: The Lionshead Redevelopment Master Pian identifies a maximum area of 500 square feet for flat raofed 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 limitation of 504 square feet for a structure located on a site encompassing 2.399 acres may be unreasonable. The proposed structure has a total roof area of approximately 59,441 square feet and the proposed flat roofed portion of the structure is proposed to be approximately 7,971 square feet or 13.4 percent. This is a reduction from the previously proposed roof design which contained approximately 9,140 square feet of flat roafed area or 15.3 percent, The applicant has proposed a roof design in which they believe the fiat portion is secondary to the sloped raofed 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 fiat roofed areas will 1.S 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 fiat roofed areas will be visible from the ski mountain. 2, Landmark Tower Element: The applicant has proposed to locate a landmark tower element on the northwest corner of the proposed structure. The Master Plan identifies 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 °`sense of place'" or image. As such, if must be visible from 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 fo clearly stand out from the resf of the community, while still presenting a consistent design language. Care should be taken fo provide a clear hierarchy befween the village landmark and other, secondary landmarks. Landmarks are mast successful when they serve special functions such as bel! towers, clock towers, monuments, or public art, rather than being self-serving. Furthermore, they should be carefully scaled to the buildings adjacent to them, as well as to the overall scale of the urban village. Title 14 of the Town of Vail Zoning Code states that: Towers, spires, eupoloas, chimneys,. flagpoles, and similar archifectura! features not useable as habitable floor area may extend above the height limit a distance of not more than fwenty-eve percent (25%} of the her'ght limit nor more than fifteen feet x(15). The proposed tower has a height of 124 feet, measures approximately 25 feet by 25 feet, and is located in close proximity ta; the intersection of the South Frontage Road and West Lionshead Circle. This revised proposal has reduced the height of the landmark tower a total of 16 feet from 140 feet depicted on the plans dated September 7, 2005. The proposed architectural landmark tower does not captain any GRFA above the maximum height of 82.5 feet in height. Currently the feature is anticipated to be illuminated Pram the ex#erior with up lighting. At a height of 324 feet the proposed tower is 41.5 feet (50.3%) taller thap the maximum height of 82.5 feet identified in the Master Plan. The Planning and Environmental 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 if the findings found below are made. 16 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: 9. The request for 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, 6. A public benefi# 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: That the request for design deviations are in compliance with the purposes of the zone district; and :. Est 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 plan; and 5. That the design deviation meets or exceeds the intent of the specific design standards as prescribed in Section 8.4; and, t7 fi. 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 October 10, 2005: Request far a final work session to resolve any issues which still need to be addressed. • DRB October 12, 2005: Applicant and Staff response to previous DRB comments. No formal action requested. • PEC October 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 16, 2005: Request far final review and approval of the project by the applicant and Staff if all comments and concerns have been addressed. Xll. STAFF REC©MMENDATlO~N Staff and the applicant would request that the Planning and Environmental Commission table the appl'icant's request to the October 10, 2005, hearing. XIII. ATTACHMENTS Attachment A :Vicinity Map `~, , Attachment B: Description of Proposal Provided by the Applicant Attachment C: Reduced cagy of the proposed plans dated September 26,.2005 Attachment D: West Day Subdivision plat t8 a~~ i E ~. $ .44 o~ oE~ ~~s ~~a ~a ~~ t~ o~ ~~ ~E ~~ ~~ ~> s~ ~~ sg ~~ rt 3 E r 0 e Rita-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 E~cterior Alteration and a Conditional Use Permit. The following provides a summary of the project and a description of how 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 plans for the Tennis Court site, the Core Site, the North Day Lot and the West Day Lot. Since that time the Tennis Court site has been completed and the Care site construction is underway. A subdivision of the West Day Lot has been completed and construction of 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 Earth far the West Day Lot in the July 2003 application. The following summarizes major elements of the project. It is acknowledged that some of these factors will be revised as the project design is refined during the town's review process. Description of the Ritz-Carlton Residences The development of the RCR is a collaborative effort between Vail Resorts and the Ritz- Carltan. The project includes 106 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 bath the West Frontage Raad and West Lionshead Circle and is designed around a large pooUplaza 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 far 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 Il.,~~~ the adjacent Marriott Hotel. With all the amenities of a hotel and given the relatively small size of units (predominantly 2-3 bedroom} it is anticipated. that many owners will make their units available far chart-term rentals. Ritz Carlton Club _ ~ _ ___ ~. _ Vail Resorts/West Day Lot Attachment: B Existing Conditions The RCR is located on Lot 2 of the West Day Lot Subdivision. The W est Day Lot Subdivision was done in 2004 for the purpose of consolidating a number of lots and parcels made up the Mamiatt property and the West Day Lot. This subdivision created three lots the Marriott Hotel is located an Lat 1, the Gore 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 Lot. Lot ~ is 2.399 acres in size.. Lot 2 (and~the West Day Lot} has historically been used for parking. ~ structured parking lot utilized by the Marriott Hotel is located on the eastern end of the lot. For the past two ski seasons the Town of Vail has operated spay-day skier parking lot on remaining portions of Lot 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 accessory uses. All of these uses are allowable as either a permitted use ar 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 slang Forest Road,. South Frontage Road and West Lionshead Circle. The 10' setback an 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, for zoning purposes the three lots created by this plat are to be treated as one lot). ., . ~.;~ Buildinu Heieht 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 Club Vail ResortslWest Day Lot 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 raaf 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 raaf - a glazed mosaic concrete file 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 rrtechanicai equipment. While the building will read as though it has a pitched roof, the portion of 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 (approved 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 105 units proposed for the RCR the West Day Lot will hays a total of 157 dwelling units. GR1r A As established by the West Day Lot plat (approved this past year), Lets 1, 2 and 3 are to be treated as one lot for zoning purposes. The total lot area of 297,165 square feet permits up tv 742,912 square feet of GRF`A. The Marriott currently includes 149,569 square feet of GRPA and Gare Greek Place includes 63,570 square feet, 210,549 square feet of GRFA is proposed far the RGR, resulting in total GRFA an the West Day Lot of 423,818 square feet. Site Coverase .~ As established by the West Day Lit 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 297,155 square feet'would permit up to 208,015 square feet of site coverage. Proposed site coverage for RCR is 77,750. The 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. Parkins 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 RGR 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 additiona1237 spaces will be provided within the RCR parking structure. Employee Housing Based on the Town standards of .4 employees per multi-family dwelling unit, the RCR would genera#e 42 employees. Assuming a multiplier of 15% this would result in an o~~~t,loyee housing requirement of 6.36 employees. This requirement will be factored into the employee housing planned for the North Day Lot. Condati~onal Use Permit Below is an analysis of the Town's conditional use permit review criteria required for the proposed dwelling units on the first floor of a building and proposed recreation facilities on the second floor of a building. 1. Relationship and impact of the use on development objectives of the Town. Analysis: A development objective of the Town is to have retail/restaurant uses on the ground floor of buildings within the care areas of town. The West Day Lot is outside of the core area of Lionsl7ead and as such residential development an the ground floor of the RCC would not be inconsistent with this objective. It should be noted that a similar conditional use permit has already been granted for the Gore Creek 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. Analysis; Residential uses on ground floor will have no effect on the above -criteria. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability; and rernova1 of snow from the street and parking areas. Analysis: Residential uses an ground floor will have no effect an the above criteria. Ritz Carlton Club Nail Resorts west Day Lot of the area in which the ro used use is to be located, 4. Effect upon the character P P including the scale and bulk of the proposed use in relation to surrounding uses. Anadvsis: -- Residentiad uses on ground Jlaor will have n© eject an the above criteria. • M~ . ~. Ritz Carltan flub Vail. Resorts/west I)ay Lot }~'. A '~. k F ~; 9 ~ r~~ e ~a ~ , j 5 ~# ? 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