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HomeMy WebLinkAbout2006 PEC JANUARY - APRIL• ~~ C~,~",4~lJtai 3 Y C~UCt_dPb1E+;' Planning end Environmental Commissan ANION FORM Department of Community C3eueiapment 75 South Frontage Road, Vail, Col+~r~ado 81657 tel: 970.479.2139 fax: A7i~.479.2452 web: www,uailgov.com Project Name: SWEET BASIL MINOR ALT PEC Number: PEC060018 Project Description: Participants: FINAL APPROVAL FOR AN EXTENSION OF SWEET BASIL RESTAURANT SPACE-MINOR EXTERIOR ALTERATION OF 12 SQUARE FEET AT NORTHWEST REAR CORNER OF RESTAURANT - APPROVED WITH ONE CONDITION OWNER SLIFER, RODNEY E. & ELIZABET03/14/2006 230 BRIDGE ST VAIL CO 81657 APPLICANT MATT MORGAN/SWEET BASIL/GORE03/14/2006 Phone: 476-0125 193 E. GORECREEK DR. VAIL CO 81657 Project Address: 193 GORE CREEK DR VAIL ~EET BASO;RESTAURANT Location: Legal Description: Lot: 5B Block: 5 Subdivision: VAIL VILLAGE 1ST Parcel Number: 2101-082-1300-3 Comments: see condition BOARD/STAFF ACTION Motion By: Kjesbo Second By: Jewitt Vote: 5-0-1 Action: APPROVED Date of Approval: 04/10/2006 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0007928 This approval shall be contingent upon the applicant receiving Town of Vail approval • of the design review applicaton associated with this minor exterior alteration request. Planner: Elisabeth Eckel PEC Fee Paid: $650.00 ~~~ ~~ ~~1 ti'Y7AT.~U4'tlaY GEUEL6PMENT Planning and En~irOnmental Commisson ACTION FORM department of Community development 75 South Frontage Raad, Vail, Colorado Sib57 te1:970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: FLAUM SDD MAJ AMEND PEC Number: PEC060013 Project Description: Participants: FINAL APPROVAL TO INCREASE EHU MAXIMUM SQ FT FROM 500 SQ FT TO 850 SQ FT; AND TO INCREASE EHU GARAGE SIZE FROM 300 SQ FT TO 400 SQ FT. Ordinance 9, Series of 2006, adopting these changes was approved on Second Reading on May 2, 2006. OWNER FLAUM, RONNA J. 02/28/2006 PO BOX 3117 VAIL CO 81658 APPLICANT SCOTT TURNIPSEED, AIA 1143 CAPITOL STREET, SUITE 211 PO BOX 3388 EAGLE CO 81631 License: 0000001848 . ARCHITECT SCOTT TURNIPSEED, AIA 1143 CAPITOL STREET, SUITE 211 PO BOX 3388 EAGLE CO 81631 License: 0000001848 Project Address: 1631 BUFFEHR CREEK RD VAIL 1631 BUFFEHR CREEK RD 02/28/2006 Phone: 970-328-3900 02/28/2006 Phone:970-328-3900 Location: Legal Description: Lot: A Block: Subdivision: VALLEY (SUB) PHASE V, TH Parcel Number: 2103-122-0500-6 Comments: See Conditions BOARD/STAFF ACTION Motion By: Kjesbo Second By: Lamb Vote: 6-0-0 Action: APPROVED Date of Approval: 03/27/2006 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: CON0007862 Fire sprinkler system required and shall comply with NFPA 13R(2002) and Vail Fire standards. Cond: CON0007863 Monitored fire alarm system required and shall comply with NFPA 72(2002) and Vail • Fire standards. Planner: Warren Campbell PEC Fee Paid: $6,000.00 • • • Project Name: TIMBERLINE ROOST VARIANCE PEC Number: PEC060012 Project Description: Participants: TIMBERLINE LODGE REDEVELOPMENT PROJECT (FORMER ROOST LODGE)-FINAL APPROVAL FOR A VARIANCE FROM DESIGN GUIDELINES SECTION 3, MINIMUM CENTERLINE TURNING RADIUS OF 40'. OWNER TIMBERLINE ROOST LODGE LLC 02/03/2006 12 VAIL RD VAIL CO 81657 APPLICANT MAURIELLO PLANNING GROUP, LL02/03/2006 Phone: 970-748-0920 PO BOX 1127 AVON CO 81620 License: 0000001697 • Project Address: 1783 N FRONTAGE RD WEST VAIL Location: THE ROOST LODGE Legal Description: Lot: 9, 1 Block: Subdivision: BUFFER CREEK RESUB Parcel Number: 2103-123-0200-1 Comments: Fees Refunded BOARD/STAFF ACTION Motion By: Action: WITHDRWN Second By: Vote: Date of Approval: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. • Planner: George Ruther PEC Fee Paid: $500.00 /: Planning and Environmental Commission • ~f ~k~~~=. ~ ACTION FORM (~T,+~~ + ~~ Department of Community Development TOVYIY OF V~~L 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us Project Name: BENYSH RESIDENCE PEC Number: PEC060011 Project Description: Participants: COMBINE TWO LOTS INTO ONE LOT OWNER BENYSH, KATHRYN RUTH 01/27/2006 4242 E COLUMBINE WY VAIL CO 81657 APPLICANT BENYSH, KATHRYN RUTH 01/27/2006 4242 E COLUMBINE WY VAIL CO 81657 Project Address: 4242 COLUMBINE WAY VAIL Location: 4242 E. COLUMBINE WAY . Legal Description: Lot: 7&8 Block: Subdivision: BIGHORN TERRACE Parcel Number: 2101-122-1400-7 Comments: BOARD/STAFF ACTION Motion By: VIELE Second By: ]EWITT Vote: 5-0 Conditions: Action: APPROVED Date of Approval: 02/28/2006 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Planner: Bill Gibson PEC Fee Paid: $650.00 ~~ cc~eu+~m c~r,~u~~~r Plannin+~ and Environm~ntai +Ca~xrn~is~an ACTI+DN ft~itM Department of Community Deveiapment 75 South Frontage Raad, Vail, Colorado 8Ib57 te1:970.479.2139 fax: 970.479.2452 weh: www.vailgav.com Project Name: RUTH, BATTIN, VELASQUEZ REPEAT PEC Number: PEC060009 Project Description: Participants: EXEMPTION PLAT APPLICATION TO MODIFY A SHARED PROPERTY LINE BETWEEN TWO ADJACENT LOTS. THE TWO LOTS EXCHANGED EQUAL SIZED PARCELS OF LAND WHICH DID NOT AFFECT ANY DEVELOPMENT PARAMETERS. BOTH LOTS ARE STILL CONFORMING IN ALL ASPECTS. OWNER RUTH, LLOYD D., JR 01/23/2006 520 LAKE COOK RD STE 450 DEERFIELD IL 60015 APPLICANT RUTH, LLOYD D., JR 01/23/2006 520 LAKE COOK RD STE 450 DEERFIELD IL 60015 • Project Address: 800 POTATO PATCH DR VAIL Location: 800 POTATO PATCH Legal Description: Lot: 4&7 Block: i Subdivision: VAIL POTATO PATCH Parcel Number: 2101-063-0104-4 Comments: 5EE CONDITIONS BOARD/STAFF ACTION Motion By: Dewitt Second By: Viele Vote: 5-0-0 Conditions: Action: APPROVED Date of Approval: 02/27/2006 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond:300 PEC approval shall not be not become valid for 20 days following the date of approval. Planner: Warren Campbell PEC Fee Paid: $650.00 r • T~WNOF YAi~ o~nwt~kirr OEYrELO~~IENT FINAL APPROVAL OF A TEXT AMENDMENT TO THE ZONING REGULATIONS FOR THE ESTABLISHMENT OF THE PUBLIC ACCOMODATION-2 DISTRICT (PA-2) Project Name: TOV PA-2 TEXT AMENTMENT PEC Number: PEC060003 Project Description: Participants: OWNER VAIL COLORADO MUNICIPAL BLDGOI/05/2006 75 S FRONTAGE RD VAIL CO 81657 APPLICANT VAIL COLORADO MUNICIPAL BLDG01/05/2006 75 S FRONTAGE RD VAI L CO 81657 Project Address: 75 S FRONTAGE RD WEST VAIL Location: ~5 S. FRONTAGE ROAD WEST Legal Description: Lot: Block: Subdivision: Unplatted Parcel Number: 2101-064-0000-3 Comments: See Ordinance No. 2, Series of 2006 BOARD/STAFF ACTION Motion By: Kjesbo Second By: Lamb Vote: 6-0 Conditions: Planning and Environmental Commisson ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81b57 te1:970.479.2139 fax: 970.479.2452 web: www.vailgov.com Action: APPROVED Date of Approval: 01/09/2006 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: George Ruther PEC Fee Paid: $0.00 ~, Planning and Environmentall IComr~lissan ~~ ~ura,r,~ c~u~u~a.~t~r ACTION Ft)~~ Departrnenk of Community Develapment 75 Sauth Frontage Road, Vail, Colorado 81Er57 tel: 97{?.479.213g fax, 97fl.479.2452 web: www.vailgav.carrt Project Name: ~' PEC Number: PEC060002 (~:. Vic: ~ 1c r /-.~ 5"a r~ ~ C.t ~ PEC Type: CASCADE CLUB TENNIS CTS Project Description: FINAL APPROVAL FOR THE USE OF THE TENNIS COURTS FOR TEMPORARY CONFERENCE FACILITIES Participants: OWNER CASCADE CLUB LTD 01/04/2006 C/O DELOi i i t & TOUCHE LLP 555 17TH ST STE 3600 DENVER CO 80202 APPLICANT VAIL CASCADE RESORT AND SPA 01/04/2006 Phone: 476-6106 C/0 DON MACLACHLAN 1300 WESTHAVEN DR VAIL CO 81657 Project Address: 1000 S FRONTAGE RD WEST VAIL Location: 295 WESTHAVEN DR. CASCADE CLUB TENNIS C Legal Description: Lot: Block: Subdivision: CASCADE CLUB CONDO Parcel Number: 2103-121-1500-4 Comments: see conditions BOARD/STAFF ACTION Motion By: Viele Second By: ]ewitt Vote: 6-0-0 Conditions: Action: APPROVED Date of Approval: 02/13/2006 Meeting Date: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0007820 That there shall be no overflow parking on the S. Frontage Road or Westhaven Drive associated with any of the conditionally approved events. • Planner: Matt Gennett PEC Fee Paid: $650.00 L' Project Name: TIMBERLINE ROOST REZONING PEC Number: PEC050103 Project Description: Participants: TIMBERLINE LODGE REDEVELOPMENT PROJECT (FORMER ROOST LODGE)-FINAL APPROVAL FOR REZONING TO A NEW ZONE DISTRICT PA-2 OWNER TIMBERLINE ROOST LODGE LLC 12/22/2005 12 VAIL RD VAIL CO 81657 APPLICANT MAURIELLO PLANNING GROUP, LL12/22/2005 Phone: 970-748-0920 PO BOX 1127 AVON CO 81620 License: 0000001697 Project Address: 1783 N FRONTAGE RD WEST VAIL Location: ~IE ROOST LODGE Legal Description: Lot: 9, 1 Block: Subdivision: BUFFER CREEK RESUB Parcel Number: 2103-123-0200-1 Comments: See Ordinance No. 3, Series of 2006 BOARD/STAFF ACTION Motion By: Kjesbo Second By: Viele Vote: 6-0 Conditions: Action: APPROVED Date of Approval: 01/09/2006 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: George Ruther PEC Fee Paid: $1,300.00 • C ~~ ~ ~t CCt I~fJ~&'f OiE1t~L~'IUlE11? Planning and Environmental Commissc~ln ACT~t]N FARM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 te1:470.479.2139 fax:: 970..474.2452. vrreb: www.vailgov,com Project Name: 1082 RIVA GLEN EXEMPTION PLA PEC Number: PEC050102 Project Description: Participants: Exemption plat proposal to reconfigure exact square footage of existing building envelope to provide space for future installation of spa and patio. OWNER 1082 RIVA GLEN ROAD LLC 210 VIA DEL MAR PALM BEACH FL 33480 APPLICANT RESORT DESIGN 1434 SPRUCE ST., STE. 110 BOULDER, CO 80302 License: 0000001625 12/20/2005 12/20/2005 Phone:303-449-4433 Project Address: 1082 RIVA GLEN VAIL Location: 1082 RIVA GLEN • Legal Description: Lot: 3 Block: Subdivision: SPRADDLE CREEK ESTATES Parcel Number: 2101-053-0100-3 Comments: see one condition BOARD/STAFF ACTION Motion By: Kjesbo Second By: Lamb Vote: 7-0-0 Conditions: Action: APPROVED Date of Approval: 01/23/2006 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: CON0007807 The amended final plat submitted to the Town for recording shall include a graphic scale and the total area, in square feet, of the new building envelope of an equivalent size approved by this reconfiguration. Planner: Elisabeth Eckel PEC Fee Paid: $650.00 • c~.nrrv c~EUE~~~tEr~r P~anninlg alnd Environmental Commisson A~TIt)M Ft)RM Project Name: EMATA MA] EXT ALT Project Description: Participants: Department of Community Development 75 SQUth Frontage Road, Vail, Colorado 81657 te1:970.479.2139 fax:47U.479.2452 web: www.vailgov.com PEC Number: PEC050097 Major exterior alteration for the addition of N1,000 square feet of restaurant, retail, and elevator space at Gore Creek Plaza Building, as well as the modification of an outdoor dining deck; approved with five conditions. OWNER SLIFER, RODNEY E. & ELIZABETI2/12/2005 230 BRIDGE ST VAIL CO 81657 ARCHITECT FRITLLEN PIERCE ARCHITECTS 12/12/2005 Phone: 970-476-6342 1650 EAST VAIL VALLEY DR, #C-1 VAIL CO 81657 License: 0000001402 APPLICANT GORE CREEK PLAZA CONDOS 12/12/2005 Project Address: 193 GORE CREEK DR VAIL Location: 193 GORE CREEK DR Legal Description: Lot: 5B Block: 5 Subdivision: VAIL VILLAGE 1ST Parcel Number: 2101-082-1300-3 Comments: see five conditions BOARD/STAFF ACTION Motion By: Kjesbo Second By: Lamb Vote: 6-0-1 Action: APPROVED Date of Approval: 01/23/2006 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0007802 This approval shall be contingent upon the applicant receiving Town of Vail approval of the design review application associated with this major exterior alteration request. Cond: CON0007803 Prior to building permit submittal, the applicant shall submit plans to the Community Development Department reflecting the extension to the ground of the exterior shaft located at the east side of the building. Cond: CON0007804 3. Prior to the issuance of a Temporary Certificate of Occupancy by the Community Development Department for the scope of work related to this proposal (PEC050097), the building shall fully comply with the Fire Department's requirements for a sprinkler system. Cond: CON0007805 Prior to the issuance of a Temporary Certificate of Occupancy for the scope of work related to the referenced project, the applicant shall gain approval by the Town's Building and Fire Departments of plans which depict full compliance of both rear (north) spiral staircases and a related timeline for the proposed construction and completion of that work. Cond: CON0007806 Prior to the issuance of a Temporary Certificate of Occupancy, the applicant shall provide the Community Development Department with a copy of the renewed lease agreement entered into with the Town of Vail to reflect the reconfiguration of the patio and planter located upon the Town of Vail's property. .Planner: Elisabeth Eckel PEC Fee Paid: $800.00 • • ~o~u~Pna OOM11'NJNITr CE~EIOPMENr Project Name: Project Description: Department of Community Development 75 South Frontage Road, Vail, Colorado 81557 te1:970.479.2139 fax: 970.479.2452 web: www.vailgov.com Crvssroaa~s C (lips PEC Number: PEC050094 PEC Type: CROSSROADS CUPS REDEVELOPMENT OF CROSSROADS-FINAL APPROVAL TO ALLOW BOWLING ALLEYS, TO ALLOW CONSTRUCTION OF OUTDOOR OPERATION OF ACCESSORY USES-ICE SKATING RINK, MAJOR ARCADE TO INCLUDE INDOOR ENTERTAINMENT THEATER, MEETING ROOMS, CONVENTION FACILITIES. Participants: OWNER CROSSROADS EAST ONE LLC 12/12/2005 329 MILL CREEK CIR Vail Co 81657 APPLICANT MAURIELLO PLANNING GROUP, LL12/12/2005 PO BOX 1127 AVON CO 81620 • License: 0000001697 Project Address: 143 E MEADOW DR VAIL 143 E MEADOW DRIVE Phone: 970-748-0920 Location: Legal Description: Lot: P Block: 5-D Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 2101-082-0100-1 Comments: See Conditions BOARD/STAFF ACTION Motion By: Rollie Kjesbo Action: APPROVED Second By: George Lamb Vote: 7-0-0 Date of Approval: 01/23/2006 Meeting Date: 01/23/2006 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0007832 That the developer operates the rental program for the dwellings units in accordance with the pages 18-20 of the Crossroads Redevelopment: Applications for Special Development District, Text Amendment, and Conditional Use Permit document dated December 12, 2005, and the approved Developer Improvement Agreement which will be agreed upon by Town Council and the developer. Cond: CON0007833 Planning and Environmental Commisson ACTION FORM That the Planning and Environmental Commission approval of the conditional use permits become valid upon approval of an ordinance creating Special Development District No. 39, Crossroads, on second reading by Town Council. Cond: CON0007834 • That the developer operates the parking club in accordance with the page 12 of the Crossroads Redevelopment: Applications for Special Development District, Text Amendment, and Conditional Use Permit document dated December 12, 2005, and the approved Developer Improvement Agreement which will be agreed upon by Town Council and the developer. However, the developer shall not be permitted to individually condominimize the parking spaces to be sold fee-simple. Planner: Warren Campbell ~ ~ ~ PAC Fee-Maid: $650.00 • • f • n u TOWN ~F YAK O3p1\UNITY DEVELOPMENT Planning and Env-iranmental Commisson ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81b57 te1:970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: CROSSROADS CSC ZONE DISTRICT PEC Number: PEC050095 Project Description: REDEVELOPMENT OF CROSSROADS-FINAL APPROVAL FOR A TEXT AMENDMENT TO ADD A DEFINITION FOR A BOWLING ALLEY AND TO ADD A A BOWLING ALLEY AS A CONDITIONAL USE WITHIN THE COMMERCIAL SERVICE CENTER ZONE DISTRICT Participants: OWNER CROSSROADS EAST ONE LLC 12/12/2005 329 MILL CREEK CIR Vail Co 81657 APPLICANT MAURIELLO PLANNING GROUP, LL12/12/2005 Phone: 970-748-0920 PO BOX 1127 AVON CO 81620 License: 0000001697 Project Address: 143 E MEADOW DR VAIL 43 E MEADOW DRIVE Location: Legal Description: Lot: P Block: 5-D Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 2101-082-0100-1 Comments: See Conditions BOARD/STAFF ACTION Motion By: Rollie Kjesbo Second By: Chas Bernhardt Vote: 7-0-0 Conditions: Action: APPROVED Date of Approval: 01/23/2006 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: Warren Campbell PEC Fee Paid: $1,300.00 • rowxaevn¢ COhri1UNITY C)EYElOOMENT Planning and Environmental Commisson ACTION FORM Project Name: CROSSROADS NEW SDD Project Description: Participants: Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970,479.2452 web: www.vailgov.com PEC Number: PEC050093 REDEVELOPMENT OF CROSSROADS-FINAL APPROVAL FOR A SPECIAL DEVELOPMENT DISTRICT. OWNER CROSSROADS EAST ONE LLC 12/12/2005 329 MILL CREEK CIR Vail Co 81657 APPLICANT MAURIELLO PLANNING GROUP, LL12/12/2005 Phone: 970-748-0920 PO BOX 1127 AVON CO 81620 License: 0000001697 Project Address: 143 E MEADOW DR VAIL ~3 E MEADOW DRIVE Location: Legal Description: Lot: P Block: 5-D Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 2101-082-0100-1 Comments: See Conditions BOARD/STAFF ACTION Motion By: Rollie Kjesbo Action: APPROVED Second By: Bill Dewitt Vote: 5-2-0 (Viele and Lamb) Date of Approval: 01/23/2006 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: CON0007835 The Developer shall prepare a written agreement for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village . Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events -which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events; inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, details for funding public art, and details for providing additional landscaping in the area between Vail Village Inn Phase III and the proposed Crossroads to address the screening needs between the buildings. Cond: CON0007836 • The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department. Cond: CON0007837 The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board prior to submittal of an application for a building permit. Cond: CON0007838 The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the lodge and enclosed and visually screened from public view. Cond: CON0007839 The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board. Cond: CON0007840 The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. Cond: CON0007841 The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the • Town of Vail Community Department for the issuance of a building permit for this project. Cond: CON0007842 The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. Cond: CON0007843 The Developer shall be assessed a traffic impact fee of $5,000 per net trip increase in p.m. traffic, or $340,000. This impact fee shall not be offset by any public improvement. Cond: CON0007844 The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes, but is not limited to, the proposed streetscape improvements. Cond: CON0007845 The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer 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, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon • submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. Cond: CON0007846 The Developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of six (6) beds generated by the redevelopment of Crossroads, and that said deed-restricted employee housing shall be made available for occupancy, and that the deed restrictions shall • be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Crossroads project. The required Type II or III deed-restricted employee housing units will be regulated by the Town of Vail Employee Housing requirements (Chapter 12-13). The applicant shall purchase and deed restrict the employee housing beds prior to requesting a temporary certificate of occupancy. The units purchased must be approved as acceptable by Town staff and deed restricted as Type II or III units depending on the zone district in which they are located and by the appropriate review process. The developer shall have the right to participate in any pay-in-lieu program, if one is established by the Town, if he/she so chooses. Participation in a pay-in-lieu program shall occur prior to requesting a temporary certificate of occupancy. Cond: CON0007847 The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. Planner: Warren Campbell PEC Fee Paid: $6,000.00 • • F~,r:. ~c ,ti,``~ ~. T01NN OF' VAIL Planning and Environmental Commission ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us Project Name: FOUR SEASONS MINOR SDD AMEND PEC Number: PEC050085 Project Description: FINAL APPROVAL FOR MODIFICATION OF SETBACKS WITHIN A SPECIAL DEVELOPMENT DISTRICT IN ORDER TO ACCOMODATE A NEW MIXED USE, HOTEL PROJECT. Participants: OWNER VAIL DEVELOPMENT LLC 10/21/2005 50 S SIXTH ST STE 1480 MINNEAPOLIS MN 55402 APPLICANT VAIL DEVELOPMENT LLC 10/21/2005 50 S SIXTH ST STE 1480 MINNEAPOLIS M N 55402 Project Address: 13 VAIL RD VAIL Location: 13 VAIL ROAD Legal Description: Lot: 9- A Block: Subdivision: VAIL VILLAGE FILING 2 Parcel Number: 2101-071-0101-6 Comments: PEC upheld staffs decision BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 11/28/2005 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Planner: Matt Gennett PEC Fee Paid: $1,000.00 • • ~awxo~v~ COM1ri1JNITY DE~vELOPMENT Project Name: Project Description: Participants: Planning and Environmental Commisson ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81557 te1:970.479.2139 fax: 970.479.2452 web: www.vailgov.com PEC Number: PEC050081 PEC Type: TIMBERLINE LODGE CUP TIMBERLINE LODGE REDEVELOPMENT PROJECT (FORMER ROOST LODGE) OWNER TIMBERLINE ROOST LODGE LLC 10/11/2005 12 VAIL RD VAIL CO 81657 APPLICANT MAURIELLO PLANNING GROUP, LL10/11/2005 Phone: 970-748-0920 PO BOX 1127 AVON CO 81620 License: 0000001697 Project Address: 1783 N FRONTAGE RD WEST VAIL Location: E ROOST LODGE Legal Description: Lot: 9, 1 Block: Subdivision: BUFFER CREEK RESUB Parcel Number: 2103-123-0200-1 Comments: BOARD/STAFF ACTION Motion By: Action: WITHDRWN Second By: Vote: Date of Approval: Meeting Date: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Planner: George Ruther PEC Fee Paid: $650.00 Participants: FINAL APPROVAL FOR A REZINING-MODIFICATION FROM HIGH DENSITY MULTI-FAMILY ZONE DISTRICT TO LIONSHEAD MIXED USE-1 ZONE DISTRICT OWNER EVERGREEN LODGE AT VAIL LTD 10/10/2005 250 S FRONTAGE RD VAIL CO 81657 APPLICANT HB DEVELOPMENT CO/EVERGREEN 10/10/2005 600FOSHAY TOWER 821 MARQUETTE AVE., S. MINNEAPOLIS x MN 55402 r Project Address: 250 S FRONTAGE RD WEST VAIL Location: ~0 S. FRONTAGE ROAD W. Legal Description: Lot: 2 Block: 1 Subdivision: VAIL INN Parcel Number: 2101-064-0102-0 Comments: See Ordinance #30 of 2005 BOARD/STAFF ACTION Motion By: Kjesbo Second By: Lamb Vote: 7-0 Conditions: Action: APPROVED Date of Approval: 11/14/2005 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: George Ruther -.7~ri ~-~_ ~ Planning and Environmental Commission • ACTION FORM ACTION FORM Department of Community Development TOWN OF VAI Deparhnent of (nmmunity Development 75 South Frontage Road, Vail, Colorado 81657 TOWN OF VAI 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 te1:970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us web: www.ci.vail.co.us Project Name: EVERGREEN REZONING PEC Number: PECA50078 Project Name: EVERGREEN REZONING PEC Number: PEC050078 Project Description: PEC Fee Paid: $1,300.00 • Participants: FINAL APPROVAL FOR THE MODIFICATION OF A NEW SPECIAL DEVELOPMENT DISTRICT IN ORDER TOACCOMODATE A NEW MIXED-USE, HOTEL PROJECT. OWNER VAIL DEVELOPMENT LLC 07/22/2005 50 S SIXTH ST STE 1480 MINNEAPOLIS MN 55402 APPLICANT VAIL DEVELOPMENT LLC 07/22/2005 50 S SIXTH ST STE 1480 MINNEAPOLIS MN 55402 Planning and Environmental Commission ACTION FORM ACTION FORM ~~~i '`- i Department of Community Development TOVVIV OF VAIL 75 South Frontage Road, Vail, Colorado 81657 i01M1MOF 1'AI4 ,,, :: te1:970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us Project Name: FOUR SEASONS MAJOR AMEND PEC Number: PEC050059 Project Description: Project Address: 13 VAIL RD VAIL Location: 13 VAIL ROAD Legal Description: Lot: 9- A Block: Subdivision: VAIL VILLAGE FILING 2 Parcel Number: 2101-071-0101-6 Comments: see conditions BOARD/STAFF ACTION Motion By: Kjesbo Second By: Jewitt Vote: 6-0-1 (Lamb recused) Conditions: Action: APPROVED Date of Approval: 08/02/2005 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: CON0007427 27 conditions as read into the record and as listed on the 8/08/05 PEC agenda. Planner: Matt Gennett PEC Fee Paid: $6,000.00 ~~ PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ~. January 9, 2006 ~wiul~u~, , PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm 1. Staff memorandums were discussed with Commission members; no direction given. MEMBERS PRESENT Bill Jewitt Rollie Kjesbo George Lamb Doug Cahill Chas Bernhardt Dave Viele MEMBERS ABSENT Anne Gunion Site Visits: 1. Kalkus Residence - 324 Beaver Dam Road Driver: Bill Public Hearing -Town Council Chambers 2:00 pm 1. A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck and patio within the side and rear setbacks, located at 324 Beaver Dam Road/Lot 19, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0092) • Applicant: Peter Kalkus Planner: Bill Gibson ACTION: Denied MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 Bill Gibson presented an overview of the staff memorandum. Steve Riden gave a presentation discussing the history of the structure and the desire of the owners to create new access around their property. The Commission did not find proof of a physical hardship to warrant this variance request. The Commission stated that the previous setback variance granted in 1984 compensated the applicant for the apparent sewer easement on the property. The Commission found that approving this current request would be a grant of special privilege. 2. A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0093) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to January 23, 2005 . MOTION: Viele SECOND: Lamb VOTE: 6-0-0 Page 1 Warren Campbell added several recently received letters to the public record, including a letter from the Vail Village Homeowners Association, the Vail Chamber and Business Association, the Village Inn ~'laza Condominium Association and the vice-president of the Village Center • homeowners~Condominium Association. Warren Campbell presented an overview of the request and the staff memorandum. Dominic Mauriello, representing the applicant, noted that last year the PEC gave direction to create a digital model of the project rather than a physical model. He stated that the applicant was unaware of any requirement to provide a physical model of the neighboring properties as a part of this application. He stated that their concern was that a physical model would take 6 to 8 weeks to complete and would delay their project. He further noted concerns that several members of the PEC will be term limited this spring, and a delay in the review process could require the applicant work with two different groups of PEC members. He concluded by presenting a power point presentation which demonstration the differences between the current Crossroad Redevelopment proposal and the proposal recommended for approval by the PEC on April 25, 2005. Russ Forrest noted that the Staff is requesting both a digital and physical model to provide as much information as possible to the PEC and the public during the review process. Winston and Associates presented the April 25, 2005, digital model of the proposal, while Dominic Mauriello further explained the proposal. Joe Stauffer,'~a resident and neighboring property owner, noted that in the early 1970's he was required to construct a physical model of the WI and the surrounding neighborhood. He believes a physical model is necessary understand the scale of this proposal. • Lourdes Verzacca, a citizen, requested that the PEC not second guess themselves and allow the proposal to proceed. Jim Lamont, representing the Vail Village Homeowners Association, requested the PEC treat all applicants equally. He noted that those in the public do not have access to the digital model outside the actual hearing, unlike a physical model. He commented that the physical study model of the, recent Ritz Carlton project is an example of a good tool for the public review process. He believes it is unfair for an applicant to not provide a tool, physical model, for reviewing the project. He feels that a change in the political environment does not alter the key elements and issues about the project. He believes that all tools should be made available for these discussions. He noted that Vail's Front Door, Arrabelle, etc. provided both forms of models. The PEC would be undermining the review process and create preferential treatment between applicants and development projects if they did not require a physical model and surrounding properties for Crossroads to be submitted. He concluded by stating that it appeared their had been ex parte communication regarding this item and that in any form it is wrong. Kaye Ferry, as a public citizen and as part of the VCBA, questioned why a physical model had become an ijnportant issue. She believes there is something going on behind the scenes to slow this project. She asked what has changed that would cause the PEC to change their minds about approving this project. She believes the community wants this project built and as soon as possible. Paul Verzacca, owner of La Tour Restaurant, voted in the recent election for candidates that would push this project through. Page 2 ~- ~ Dominic Mauriello, noted that they did submit a physical model of the proposed building and should not be expected to submit materials different from their original application. He did not see anyway to anticipate the need for both types of models. He believes that in fairness they • should not be required to submit both a physical and digital model. Commissioner Viele recalled a meeting last year where the PEC chose to require a digital model rather than a physical model. He noted that the same submittal requirements should be required of each applicant. He feels the PEC has adequate information to review this proposal. He does see value in the physical model being submitted, but felt is unfair to require it of the entire - neighborhood. He wants clear expectation of submittal requirements to be made to applicants. Commissioner Bernhardt did not believe it was fair to change the submittal requirements in mid- process. He does not believe the PEC needs any additional information. Commissioner Jewitt does not believe a physical model is necessary. If one was to be constructed it should only include the Frontage Road neighborhood. He does not believe the PEC needs and additional information. At the Council's direction, this project should move forward expeditiously. Commissioner Kjesbo agreed with the other Commissioners and would like to see a final staff memorandum in two weeks. Commissioner Lamb noted his opposition vote to the original proposal. His primary concern was and continues to be the floor-to-ceiling ratio that is different from other projects (11 feet 6 inches). He believes that a physical demonstration of the height would be helpful to the PEC and the public, i.e., making a mark on an adjacent construction crane. He does not believe anyone is opposed to a redevelopment of Crossroads, however, this project and others are • changing the character of Vail. He is comfortable with the digital model. He would like to see the use of cranes, balloons, etc., to show the actual building height. Commissioner Cahill is comfortable with the information the have received at this time. He recommends meeting with the Council to determine appropriate submittal requirements for future projects. He would like the applicant to mark the building height on an adjacent construction crane. The Town needs to update the zoning for this property and update the Vail Village Master Plan. He also recommended more clearly defining public benefits for use when reviewing future projects. 3. A request for final review of a text amendment to Chapter 4, Districts Established, Section 12-4- 1, Designated, Vail Town Code, to allow for the establishment of the Public Accommodation - 2 (PA-2) district, and setting forth details in regard thereto. (PEC06-0006) Applicant: Town of Vail Planner: George Ruther ACTION: Forward a recommendation of approval MOTION: Kjesbo SECOND: Lamb VOTE: 6-0 George Ruth~r presented an overview of the request and the staff memorandum. Jim Lamont, Vail Village Homeowners Association, commented that a new class of hotel market is now creating a demand for these types of hotel units. He asked staff to clarify what land uses were available in this new district and noted his concern that some West Vail properties should be mixed-use rather than just hotel projects. He also questioned if the district's parameters • would be adequately compatible with other neighborhoods. Page 3 e The Commissioners thanked Staff for their efforts in addressing this issue. There were no other comments. 4. A request for a recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone Lots 9-12, Buffehr Creek Resubdivision, Roost Lodge, from Public Accommodation (PA) district to Public Accommodaition-2 (PA-2) district, located at 1783 North Frontage Road, Lots 9-12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC05-0104) Applicant: Timberline Roost Lodge, LLC Planner George Ruther ACTION: Approved with conditions MOTION: Kjesbo SECOND: Bernhardt VOTE: 6-0 CONDITIONS: This approval is contingent upon ... George Ruther presented an overview of the request and the staff memorandum. There was no additional comment from the applicant, public, or Commissioners. 5. A request for a final review of a major exterior alteration, pursuant to Section 12-7A-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC05-0080) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Tabled to January 23, 2006 MOTION: Lamb SECOND: Kjesbo VOTE: 6-0 6. An appeal of; an administrative interpretation, pursuant to Section 12-3-3, Appeals, Vail Town Code, for clarifications to the provisions of Chapter 12-15, Gross Residential Floor Area, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to January 23, 2006 MOTION: Lamb SECOND: Kjesbo VOTE: 6-0 7. A request for conditional use permits, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code to allow for, a major arcade; a theater, meeting rooms, and convention facilities; multiple- family dwellings and lodges; a private club (parking club); a bowling alley; and the outdoor operation of an accessory uses (ice skating rink) located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0094) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to January 23, 2006 MOTION: Lamb SECOND: Kjesbo VOTE: 6-0 8. A request for text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code to Section 12-2-2, Definitions, Vail Town Code, to define a bowling alley and a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for a bowling alley as a conditional use in the Commercial Service Center zone district; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0095) • • • Page 4 .. • Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to January 23, 2006 MOTION: Lamb SECOND: Kjesbo VOTE: 6-0 9. A request for a final review of a major exterior alteration, pursuant to Section 12-7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of retail and restaurant space (Sweet Basil and Emata) and the modification of an existing outdoor dining deck, located at 193 Gore Creek Drive/Lot 5B, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building) and setting forth details in regard thereto. (PEC05-0097) Applicant: Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects Planner: Elisabeth Eckel ACTION: Tabled to January 23, 2006 MOTION: Lamb SECOND: Kjesbo VOTE: 6-0 10. A request for a final review of a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for the construction of 124 accommodation units with kitchen facilities, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC05-0081) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: WITHDRAWN 11. A request for final review of a text amendment to Section 12-7A-3, Conditional Uses, pursuant to Section 12-3-7, Amendment, Vail Town Code, to add "accommodation units with kitchen • facilities" as a new conditional use in the Public Accommodation zone district, and setting forth details in details in regard thereto. (PEC05-0079) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: WITHDRAWN 12. Approval of December 21, 2005 minutes MOTION: Bernhardt SECOND: Jewitt VOTE: 6-0 13. Information Update Russ Forest updated the Commission about future discussions about the community plan update, West Vail redevelopment, and Timber Ridge redevelopment. • Commissioner Jewitt asked that the Town Attorney present a review of appropriate project orientation meeting procedures. r, 14. Adjournment MOTION: Kjesbo SECOND: Jewitt VOTE: 6-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Page 5 w Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published January 6, 2006, in the Vail Daily. • CJ Page 6 MEMORANDUM • TO: Planning and Environmental Commission FROM: Department of Community Development DATE: January 9, 2006 SUBJECT: A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck and patio within the side and rear setback, located at 324 Beaver Dam Road/Lot 19, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0092) Applicant: Peter Kalkus, represented by Steve Riden Architects Planner: Bill Gibson I. SUMMARY The applicant, Peter Kalkus, represented by Steve Riden Architects, is requesting a variance from Section 12-6D-6, Setbacks, Vail Town Code; to allow for a new deck and patio within the side and rear setbacks, pursuant to Chapter 12-17, Variances, Vail Town Code, located at 324 Beaver Dam Road. • 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 denial of the requested variance subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Peter Kalkus, represented by Steve Riden Architects is requesting a variance from Section 12-6D-6, Setbacks, Vail Town Code; to allow for the construction of a new deck and patio addition to an existing residence at 324 Beaver Dam Road. The Kalkus residence is the east-side unit of an existing two-family dwelling. The new deck will be located along the east side of the residence and the new patio will be located along the south side of the residence. The entire proposed east deck is located within the side setback area. The Town Code allows for deck encroachments within the required setback; however, 379 sq. ft. of the 412 sq. ft. deck exceeds the encroachment limits prescribed by the code. The proposed patio of the south side of the residence exceeds these encroachment limits by '/z a foot in one corner. A vicinity map (Attachment A), the applicant's request (Attachment B), and proposed architectural plans (Attachment C) have been attached for reference. III. BACKGROUND The subject property was part of the original Town of Vail created in 1966. According to Eagle County records, the Kalkus residence was constructed in 1962 and the Brown • residence (west-side of the two-family dwelling) was constructed in 1980. Multiple renovations have since been constructed at both residences. In 1984, the applicant Peter Kalkus, (also referred to as "Lamar Properties" in the Town • of Vail files) requested, and received Planning and Environmental Commission approval for, a variance from the side setback requirements to allow for the enclosure of a previously existing deck and hot tub areas on the east side of the residence. The following documents have been attached to this memorandum for reference: Attachment D: Staff memorandum dated May 8, 1984 Attachment E: PEC public hearing minutes dated May 29, 1984 Attachment F: Site photographs circa 1984 Attachment G: Snowdon and Hopkins Architects May 3, 1984 letter Attachment H: Snowdon and Hopkins Architects May 3, 1984 letter Attachment I: Architectural plans approved on June 22, 1984 In 1984, the Kalkus residence conformed to the required 15 foot side and rear setback requirements. Today, pursuant to Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code; porches, steps, decks, etc. may encroach into the prescribed setbacks. At grade decks may encroach a maximum of 10 feet or 'h the setback (whichever is more restrictive), and above grade decks may encroach a maximum of 5 feet or '/ the setback (whichever is more restrictive). The previously existing at-grade hot tub area conformed to this requirement; however, the previously existing above-grade deck encroached 7 feet into the side setback at it most restrictive point. The previously existing roof overhang encroached approximately 9 feet into the required setback, while today's provisions of Chapter 14-10, Vail Town Code, allow for a maximum encroachment of 4 feet. In 1984, the applicant requested a variance to enclose the previously existing hot tub • and deck areas. As stated in the Snowdon and Hopkins Architects' April 30, 1984 letter to the Town of Vail, and the Snowdon and Hopkins Architects' May 3, 1984 letter to Vail Associates, the applicant requested this variance for two reasons: vandalism to their property and the presence of an "apparent" sewer easement. As noted in the Snowdon and Hopkins Architects' letters, the applicant contended that the vandalism to their property was due to the residence being occupied only part-time and public access to the adjacent Lot 20A, Block 7, Vail Village 1St Filing. Lot 20A is a Town of Vail owned property zoned Natural Area Preservation District located immediately east of the Kalkus residence. In July of 1984, Lot 20A was one of several properties dedicated to the Town of Vail by Vail Associates for the purpose of preserving stream-tracts and other open-spaces. The subdivision plats for this property identifies a 5 foot utility easement along the southern property boundary. However, the topographic survey identifies the location of three sewer line segments that tri-sect this property. The topographic survey notes an "apparent" sewer easement corresponding to the location of the sewer lines. The Snowdon and Hopkins Architects' letters contend that these sewer lines determined the placement of the structure in the southeast corner of the lot. The recent 2004 topographic survey shows that a deck on the west side of the Brown residence has been constructed over one of these sewer line segments. • 2 On May 29, 1984, the Planning and Environmental Commission approved the • applicant's request for a setback variance to allow for the enclosure of the previously existing hot tub area and deck per the staff memorandum findings. This variance allowed for the construction of 254 sq. ft. of GRFA (Gross Residential Floor Area) within the required setback. The PEC found that the request was not a grant of special privilege and that the request was a "no-impact" variance due to the adjacent open space. According to the Town of Vail files, the applicant had interest in purchasing Lot 20A from the Town of Vail in the late 1990's. In May of 1999, Vail Resorts Development Company copied the Town of Vail on a letter to the applicant noting their reservations about Mr. Kalkus' interest in acquiring the adjacent Lot 20A. The Town Council considered placing a conservation easement on Lot 20A and selling it to the adjacent property owners; however, the Council ultimately decided to maintain ownership of the site for the purpose of public open space. In August of 2005, the applicant submitted a design review application for the construction of a living room and spa addition at the rear of the residence (located directly west of the previously enclosed hot tub area). Upon inspection of the site and a review of the submitted plans, Staff discovered improvements that were previously constructed without Town of Vail review or approval. These improvements included a deck, stairs, and retaining walls that not only encroached into the required setbacks, but also encroached onto the adjacent public open space property (Lot 20A). Additionally, a 35+ foot wide section of the public open space adjacent to the Kalkus residence had been removed of its native vegetation and converted into a lawn, complete with irrigation • system and a flagstone path. After the applicant agreed to remove all previously constructed improvements from Lot 20A and restore the site to its natural condition, design review approval was granted for the new addition. The applicant is currently requesting approval of a "change to the approved plans" for this addition. An element of this request is to construct new decks and patios that encroach further into the required setbacks than is permitted by the provisions of Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, conditional use permit and variance applications will be reviewed by the Planning and Environmental Commission, and then any accompanying design review application will be reviewed by the Design Review Board. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of a variance application, in accordance with Chapter 12-17, Variances, Vail Town Code. Design Review Board: The Design Review Board has no review authority over a variance application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. U 3 Town Council: • The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code ARTICLE 12-6D: TWO-FAMILY PRIMARY/SECONDARY (PS) DISTRICT (in part) 12-6D-1: PURPOSE: The two-family primary/secondary residential district is intended to provide sites for single-family residential uses or two-family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in • the same district. The two-family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single-family and two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-6DF-6: SETBACKS: In the primary/secondary residential district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be fifteen feet (15), and the minimum rear setback shall be fifteen feet (15). CHAPTER 12-17 VARIANCE (in part) Section 12-17-1: PURPOSE: A. Reasons for Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. • 4 CHAPTER 14-10, DESIGN REVIEW STANDARDS AND GUIDELINES (in part) • C. Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc.: 1. Architectural projections including eaves, roof overhangs, awnings, louvers, and similar shading features; sills, belt courses, cornices, and similar features; and flues and chimneys may project not more than four feet (4') into a required setback area or into a required distance between buildings. 2. Porches, steps, decks or terraces or similar features located at ground level or within five feet (5') of ground level may project not more than ten feet (10') nor more than one-half ('/~ the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-fourth ('/q) the minimum required dimension into a required distance between buildings. 3. Balconies, decks, terraces, and other similar unroofed features projecting from a structure at a height of more than five feet (5) above ground level may project not more than five feet (5') nor more than one-half ('/2) the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-fourth ('/4) the minimum required dimension into a required distance between buildings. A balcony or deck projecting from a higher elevation may extend over a lower balcony or deck but in such case shall not be deemed a roof for the lower balcony or deck. • VI. ZONING ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designation Current Land Use: Development Site Size: Hazards: 324 Beaver Dam Road Lot 19, Block 7, Vail Village Filing 1 Two-Family Primary/Secondary District Medium Density Residential Multiple-family Residential 30,971 sq.ft. (0.71 acres) None Total Site Standards Allowed/Required Existino. Proposed Dwelling Density (max): 2 units 2 units no change Density, GRFA (max): 8,508 sq.ft. 7,140 sq.ft. no change East Unit: 5,104 sq.ft. 4,457 sq.ft. no change West Unit: 3,403 sq.ft. 2,683 sq.ft. no change Site Coverage (max): 6,194 sq. ft. (20%) 4,821 sq. ft. (16%) no change Landscape Area (min.): 18,583 sq.ft. (60%) 18,979 sq.ft. (61%) no change* Building Setbacks (min): Front: 20 ft. 31 ft. no change East Side: 15 ft. 5 ft.*" no change West Side: 15 ft. 114 ft. no change Rear: 15 ft. 8 ft.*'' no change • 5 Deck, Patio, Etc. Setbacks (min): Front: 5 ft./10 ft. 43 ft. • no change East Side: 5 ft./10 ft. 9 ft.*** 8 inches West Side: 5 ft./10 ft. 97 ft. no change Rear: 5 ft./10 ft. 6 ft. 4'/Z ft. * decks, patios, etc. are defined as landscape area ** setback variance approved in 1984 **" does not include illegally constructed deck that is to be removed VII. SURROUNDING LAND USES AND ZONING Current Land Uses Zoning North: Residential Two-Family Primary/Secondary District South: Residential Two-Family Primary/Secondary District West: Residential Two-Family Primary/Secondary District East: Open Space Natural Area Preservation District VIII. REVIEW CRITERIA The Planning and Environmental Commission shall consider the following factors with respect to a variance application: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. In 1984, the Planning and Environmental Commission granted a variance to • allow the applicant to enclose the previously existing deck and hot tub area on the east side of the Kalkus residence due to "no-impact" to the adjacent property and the existence of apparent sewer easements of the site. The 1984 addition maintained a 6 foot separation between the building and the adjoining property boundary. The applicant is currently proposing to construct a nearly 50 foot long deck that encroaches within inches of the property boundary. The proposed east side deck will be located entirely within the east side setback. Only 33 sq. ft. of this 412 sq. ft. deck (approximately 8%) comply with the 5 and 10 foot setback encroachment limits allowed by the Vail Town Code. Staff does not believe an 8 inch setback is a "no-impact" variance. Staff does not believe 8 inches provides adequate buffer between uses in the Two- Family Primary/Secondary District, even for those properties adjacent to public open space. Additionally, it is unclear how the applicant will construct or maintain the proposed deck located within inches of the property boundary without accessing through the neighboring property. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. • 6 • In 1984 the applicant requested, and received approval for, a setback variance to enclose the previously existing decks and hot tub area on the east side of this residence. The Planning and Environmental Commission found this 1984 variance granted the applicant the degree of relief from the strict and literal interpretation and enforcement of the setback regulations necessary to achieve compatibility and uniformity of treatment among sites in the vicinity and to attain the objectives of the Town Code without a grant of special privilege. Staff believes the granting of this 1984 setback variance fairly and adequately compensated the applicant for the presence of an apparent sewer easement on the property. Staff believes the applicant's current request to construct a 50+ foot long, 412 sq. ft. deck that encroaches within inches of the property boundary exceeds the degree of relief necessary for the applicant to receive treatment compatible and uniform to their neighbors. Staff believes approval of this variance request will be a grant of special privilege. 3. The effects of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff believes this proposal will effectively eliminate any light and air between the existing Kalkus residence and the east side property boundary. Staff believes the applicant's proposal to construct a 412 sq. ft. deck, which is • more than 50 feet in length, within mere inches of the property boundary will negatively impact the adjacent public open space and the platted utility easements along the south property boundary. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Past improvements (i.e. decks, stairs, retaining walls, pathways, etc.) at the Kalkus residence were illegally constructed not only within the required east side setback, but also onto the adjacent public open space property. A 35+ foot wide portion of the adjacent public open space property was illegally removed of its native vegetation and converted into a lawn, complete with irrigation system. IX. STAFF RECOMMENDATION The Community Development Department recommends denial of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck and patio within the side and rear setback, located at 324 Beaver Dam Road/Lot 19, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to deny this variance request, the Community Development Department recommends the Commission pass • the following motion: 7 "The Planning and Environmental Commission denies the applicant's • request for a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck and patio within the side and rear setback, located at 324 Beaver Dam Road/t.ot 19, Block 7, Vail Village Filing 1. Should the Planning and Environmental Commission choose to deny this variance request, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. The granting of this variance will constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two-Family Primary/Secondary District. 2. The granting of Phis variance will be detrimental to the public health, safety, or. welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is not warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. b. There are no exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the Two-Family Primary/Secondary District. c. The strict interpretation or enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the Two-Family Primary/Secondary District " X. ATTACHMENTS A. B. C. D. E. F. G, H. J. Vicinity Map Applicant's Request Architectural Plans Staff memorandum dated May 8, 1984 PEC public hearing minutes dated May 29, 1984 Site photographs circa 1984 Snowdon and Hopkins Architects April 16, 1984 letter Snowdon and Hopkins Architects May 3, 1984 letter Architectural plans approved by the Town of Vail on June 22, 1984 Public Notice • • 8 0 a 6 Attachment: B bepartment of CommUl1lty nevelopment 12/ 2/ 05 • 75 South frontage goad Vail, Cdorado 8165 t?e; Kalkus pesidence 32~} Beaver bam C?d~ Unit A Lot 19, f31k,~, Vail Village Piling bear members of the Planning and environmental Commission, this is a request for a Variance to expand an existing deck into the side setback The C?egulation involved 12-I~-6 ~ States, becks projecting from a structure at a height of more than five feet above ground level may project not more than five feet into a required setback, The variance is required due to the deck expansion encroaching the setback more than the allowable five feet The physical hardship is due to a sanitary sewer easement enacted, dividing the lot into three pieces, This easement created a non conforming location of the existing residence and placed the home towards the southeast corner of the property. The existing deck allready encroaches past the allowable 5' and a variance was granted to allow this encroachment, The proposed deck expansion would not substantially increase the existing encroachment. The hardship still exists not allowing a deck or patio between the residence and the area remaining to the property line, A variance is neccessary, allowing the property o~rners a means of creating an improved condition and access around their property. The deck expansion would create a path from the kitchen deck • C existing) to the proposed patio at the south of the residence The removal of the existing stairway to the east of the residence will also decrease the amount of setback encroachment A. The relationship of the deck expansion should not impact any uses or structures in the vincinity mainly due to Lot 20 A being designated as open space and the amount of vegitation surrounding the deck area, 13, The degree of the deck expansion compared to the existing conditions is minimal, The location of the existing residence C 6' from the property line) and 5' of deck would meet the limits of regulation 12-1~~6, if the residence was not subject to the site constraints from the sewer easement, C, The deck expansion should not effect the light and air, distribution of population, transportation, traffic facilities, utilities, and public safty of any adjacent lot due to the proximity.{ to lot 20 A, b. This request complies with T~O,V~ policies in that the deck expansion is within 5' of the existing structure per req. 12-I~}-6. Thank you for your consideration, Todd Natami Steven James P.iden AIA Architect, P.C. 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I ~ I ~ I I I I s M~, !V a ~a ~! i i1~L11p~1V i0 0lplili Nl NV~Il9NV i0 199N9N LS4T8 OaV?IO'IOJ `'IIt+A ~JI17'II3 .LS2II3 H1JV fIIA 'IIf+A 'L }TIfi '6T .LO'I ~`~¢ ~ Liiii o ~vvln ILL[ YOB fJ11)O ltOi xaaix sawvr Q~dO~I YHVa 2I3Ab$H 4Z£ ' " ~~ ~ ~ - xanays I$QQj^j~j SI1~I I~?I C~ ~ nr g w °P r ~~ j I i i • ~ . ,' I I I I I I --- ---- I i I i I I i i j _! i i I i i i I I i I O I ~ I i ~> i IW ,W I i H I I I I I I W I j ~ I ~ i I I I $ i I i i ~ j I ~ I ~ I F - I ~ ~ , f 0 v a O w i ~s ~j~~ji~~~ ~6E~i~l ~~l~iiaBi ~~I„~~~8 ~ ~ Ss l i I i I I I I I I I I I i ii s!; iee ~~ z a 1~W a L O • Attachment: D MEMORANDUM T0: Planning and Environmental Commission • ~ FROM: Community Development Department DATE: May 8, 1984 SUBJECT: Request for a setback variance in order to enclose a covered deck and hot tub area at Lot 19, Block 7, Vail Village 1st Filing at 324 Beaver Dam Road. Applicant: Peter Kalkus, Lamar Financial Ltd. DESCRIPTION OF VARIANCE REQUESTED The applicant, Peter Kalkus, would like to enclose an existing covered deck and an adjoining hot tub area on the east side of the primary unit. The enclosed deck area is approximately 337 square feet. The deck will adjoin the existing living room and dining room areas. A sliding glass door off the~deck will enter onto a stairway down to the yard. Presently the deck encroaches into the setback a maximum of nine feet. The side setback for a Primary/Secondary Residential lot is 15 feet. The nine foot encroachment into the setback would be maintained in the new deck enclosure proposal. In addition, the stairs off of the deck will encroach into the setback 13 feet. The primary unit has enough remaining GRFA to allow for the addition. The GRFA figures for the primary unit are: Allowable GRFA 3,178 sf • Existing GRFA 2,566 sf Remaining GRFA 612 sf Addition GRFA 337 sf Remaining GRFA 275 sf CRITERIA AND FINDINGS Upon review of Criteria and Findings, Section 18.62.060 of the Municipal Code, the Department of Community Development recommends approval of the requested variance based upon the following factors: Consideration of Factors The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The enclosed deck and hot tub would have no significant area. Lot 20A, located to the east of Lot 19,'has been space by Vail Associates. Because of the public access of the hot tub has occurred. The residence serves as a. unoccupied. The owner feels that by enclosing the deck could be decreased. ,~ impact on the adjacent dedicated as green through Lot 20A, vandalism -:secpnd home and is frequently and hot tub, the vandalis~ Kalkus -2- 5/8/84 The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege. The applicant has noted a physical hardship due to a sanitary sewer easement dividing the lot into three pieces. Several beaver ponds are also located on the lot. Because of these site constraints, the owner built the original single family home on the southeast corner of the property. At that time, the owner maintains that the house met the setback requirements. In addition, the enclosed space is not increasing the already existing setback encroachment, except•in respect to the 13 foot stair encroachment into the setback. We feel that there are unique physical constraints as noted by the applicant which .represent a physical hardship and that allowing the existing deck to be enclosed would not be a special privilege. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. No impacts FINDINGS The Planning and Environmental Commission shall make the following findings before granting a variance: That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitatiohs on other properties classified in the same district. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. That the variance is warranted for one or more of the following reasons: The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. There are exceptions or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. STAFF RECOMMENDATIONS Staff recommends approval of the requested side setback variance. We consider this to be a "no-impact" type of variance and feel the easement on the lot has caused the house to crowd the eastern portion of the site. In this regard, the enclosure of the deck and hot tub does not rPnra~Pnt a ~narial nrivilan~ . ~ ~~~ t 1 i. LY ~ ~ ~~ ~, . ~``- .~' /' - 1 ~'~ff~`~ '~~~ '. i ~'„ ~~:; -" ~~ ~, ,, ~, a ~~; f -; ; ,!. ..;~~ ; ~• . -:,, .~~J~. ,.,~' -' f t p r ' ;-z;_ .: Ya +~~ i . ' c_ ~~ ~ ~ .. G~' t~ O ~~t ~ 1 v ~ ~ I ~` ~ 21~ X12 ~ 'i PEC -2- 5/29/84 /~ Attachment: E Trout wondered how to resolve the fireplace request with other projects that require fireplaces. Norris stated that in his original plan, 62 fireplaces had been approved,•and he was asking for only 18. Trout wondered if approval would come back at the board, and others would ask for fireplaces. Norris stated that he planned to complete phase ii, the parking structure and the athletic club and begin the Terrace Wing, to be completed_ by the fall of 1985. Next spring start the Plaza wing conference, quest rooms and retail to be completed by December of '86. Also finish West Haven next summer. Viele asked about employee housing, and Norris replied that there were 20 units reserved for employees at Valli Hi, but these were only 60% occupied. He added that most employees were semi-permanent, and housing was not an issue. Patten stated that an employee housing survey had just been completed by Eagle County, but the staff had not yet had time to study it. His feeling was that employee housing was not critical at this time, but that Valli Hi was not a barometer. He felt that there was a need to plan for long term employee housing. He added that the staff felt that not all of the employee housing should be released. Norris added that several apartments at Coldstream were leased for employees. Donovan suggested gas fireplaces, ski trails were discussed, and the parking structure was explained. Piper then mentioned that dwelling units .were changed to accommo- dation units, and then fireplaces were asked for. He felt that others could say that they could change accommodation units to dwelling units and ask for fireplaces. The study session ended here. 4. Request for a setback variance in order to enclose a covered deck and hot tub area at Lot 19, Block 7, Vail Village lst Filing at 324 Beaver Dam Road. Applicant: Peter Kalkus Kristan Pritz outlined the request. She explained that the adjacent lot was in the process of being dedicated to the Town as open space. The staff felt that this was a "no-impact" type of variance and recommended approval. Craig Snowdon, architect for the applicant, stated that the intent was to try to use existing posts and not disturb the site. Viele moved and Rapson seconded to approve the variance per the staff memo. The vote was 5-0 in favor. 5. A request to rezone lots 7, 8, and 9, Block H, Vail das Schone #2, from Residential Primary/Secondary to Special Development District #13, and a concurrent request for a minor subdivision to combine the three lots into one. Proposed are 4 dwellinq_ units. Peter Patten reviewed the proposal and explained that an SDD will often result in a better sit plan. He showed site plans which indicated an open meadow to remain open space. Patten explained that originally the applicants had planned to include two employee units, and since the applicants had removed the employee units from the proposal, the staff was recommending denial. Patten pointed out that the Community Action Plan stressed the need for employee housing. John Wheeler, one of the applicants, stated that he felt the employee units would cause ~a real hardship in marketing the project. i Viele felt that such a small project should not be required to supply employee housing. Rapson agreed with Viele, Donovan added that since the site was very `• ~ ~~': 2 >. ~~n ~, ~:; ~- , Attachment: G • Snowdon and Hopkins • Architects r1 LJ n 201 Gore Creek Drive Vail, Colorado April 16, 1984 303-476-2201 81657 Mr. Tom Braun Town of Vail Planning Department 75 S. Frontage Road Vail, CO 81657 RE: Lamar Deck Enclosures Dear Tom: This is a request for a variance to the Town of Vail Zoning Ordinance Section 18.13.060 (setback). This request is to permit the enclosure of an existing covered deck and an adjoining hot tub area. The existing single-family residence was originally built 15 to 20 years ago. A remodel with a duplex addition was constructed in 1978. An existing sanitary sewer line crosses the property in the middle. This physical hardship meant that the duplex addition and all remodeling had to be kept within the southeast corner. The proposed enclosure of the existing covered deck will have a minimum impact on the neighbors. The hot tub enclosure would encroach into the setback a maximum of 9 feet. We have enclosed photographs of direct site lines from the existing hot tub to the neighboring lots. The existing large pines shelter the site from the neighboring lots. Lot 20A (which is immediately adjacent to the subject setback) has been dedicated to green space by Vail Associates. In the winter, skiers come through there and in summer hikers walk by and visit existing beaver pond on this lot. Some vandalism of the hot tub has occurred, due to this public access and due to the residence being a secondary residence and not always occupied. We believe this proposal is consistent with the intent of the zoning ordinance and would not impact or inconvenience the general public. Mr. Tom Braun April 16, 1984 Page 2 • Enclosed is a variance application, one stamped survey, four site plans showing the location of the proposed enclosures and neighboring lot locations, four revised elevations showing the enclosures, one existing floor plans with the enclosures shown in red and the GRFA calculations, five photographs of view lines between the hot tub area and neighboring lots, and a check for $100.00. Please place this proposal on your PEC agenda for May 14, 1984. If there are any questions, please do not hesitate to call me. Sincerely, ( J Pamela W. Hopkins Partner PWH/mce Enclosures • Attachment: H I~ U Snowdon and Hopkins • Architects 201 Gore Creek Drive Vail, Colorado tray 3, 1984 303-476-2201 81657 Vail Associates P.O. Box 7 Vail, CO 81658 Owner: Lot 20A, Block 7, W1, Vail, Colorado RE: Lamar Deck Enclosure, Lot 19, Block 7, W 1st Filing, 324 Beaver Dam Road, Vail, Colorado Dear Vail Associates: I am writing on behalf of my client, Mr. Peter Kalkus, 324 Beaver Dam Road, Vail. Mr. Kalkus owns the east side of the above referenced duplex and wishes to enclose the existing east deck and the existing hot tub. The reason Mr. Kalkus is anxious to enclose the deck and hot tub is because they are adjacent to lot 20A, which is dedicated green space. They have been vandalized several times recently due to this public access to their property and their residence being a secondary residence and not always occupied. I have included a site plan showing the location of the duplex with the deck and hot tub locations shaded. The location of Lot 20A and your lot are also shown. The enclosed photo is taken from the hot tub and looks directly towards your residence. You'll see that the large pine trees create a visual barrier. Because the proposed enclosure encroaches into the setback, the Town of Vail has asked that we obtain your concurrence to this enclosure. If you have no objection to this proposed enclosure, would you please sign this letter and return it to me in the envelope provided. The second letter is for your Vail Associates j''~Y 3, 1984 Page 2 files. If you have any questions, please do not hesitate to call me. I have also enclosed a copy of the variance proposal to the Town of Vail for your information. Thank you for your consideration. Sincerely, ~~~ r j r~,~GlS Pamela W. Hopkins Partner PWH/mec F.hclosures • I concur with the proposed ~e.:n closure on Lot 19, Block 7, W 1st Filing, Vail, Co raa ~ ~ / _ ~'~~~, p~ Signed : ~ -Date : /~"'~u"~`I /~ . ~ - ~ ~y~ ,~ ~ ~'' n1+P'n "O~uCy%. ~ IV J {la 1'~ ca ~dW~~ ~~~a. Attachment' 1 ~4 (~ V ~~ d ~~ti~ad ~~~~: J ,~xi'4a~ ,.~ e2 ;~ y ~\ ~ ~ ' ~ 6' ~ ~ ~ ~\ ~ ~ _ M ~, 3 ,; p~. , , O. 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THIS ITEM MAPUBL C NOTIOER PROPERTY NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on January 9, 2006, 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 12-6D-6, Setbacks, Vail Town O~' ~~ Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck and ~~~ patio within the side and rear setback, located at 324 Beaver Dam Road/Lot 19, Block 7, I~ Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0092) Applicant: Peter Kalkus Planner: Bill Gibson An appeal of an administrative interpretation, pursuant to Section 12-3-3, Appeals, Vail Town Code, for clarifications to the provisions of Chapter 12-15, Gross Residential Floor Area, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special Development • District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0093) Applicant': Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell A request for conditional use permits, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code to allow for, a major arcade; a theater, meeting rooms, and convention facilities; multiple-family dwellings and lodges; a private club (parking club); a bowling alley; and the outdoor operation of an accessory uses (ice skating rink) located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0094) Applicant;: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell A request for text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code to Section 12-2-2, Definitions, Vail Town Code, to define a bowling alley and a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for a bowling alley as a conditional use in the Commercial Service Center zone district; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0095) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented • by Mauriello Planning Group, LLC Planner: Warren Campbell C] Kalkus {'esidence 324 Beaver bam pd, List of Adjacent t'roperti.{ Owners I, William N, Brown 575 Naune t?d, Hillsborough, CA 94010 2, Town of Vail C/ D finance bept, 75 5, frontage pd, Vail, C0.8165~ 3. Stephen & L inch Waterhouse 5 Clement pd, Hanover, NN 0355 4. Christopher & TammU Marsico I Chem Hills Park nr, Englewood, CO 80113 5, GTNT Investments LLC p,0~ Box 698 Minot, Nb 58702 6, Herman ~, Nellberq 235 Township Line pd. Chalfont, C'A 18914 ~~ Barbara A. GatelU 621 Sheridan Glencoe, IL 60022 8, John & Arl ene ba~{ton 2703 Louth 5t. ballas, TX X5201 9. Michael & Karen Herman 343 Beaver bam C?d, Vail, CO 8165 10, f'.o~{ & Card Walzer p~0, Box 577 Litchfield, CT 0659 I ~ TimothU Barrett 34 W 830 ArmU Trail t?d WaUne, IL6O184 12. bavid & Elizabeth Cohen 6350 piverside br, Atlanta, GA 30328 324 Beaver bam C?d, Unit B Lot 19, Blk,~, Vail Village ~ilinq I 254 Beaver bam pd, Lot 20 A, Blk,~, Vail Village ~ilinq 285 forest pd, Unit A bot 20, Blk,~, Vail Village filing 285 forest pd, Unit B Lot 20, Blk,~, Vail Village filing 325 forest pd~ Lot 18, Blk,~, Vail Village filing I 355 forest pd, Unit A Lot I, BIk,2, C'arcel A, Vail Village filing 3 355 forest C?d, Unit B Lot I, BIk~2, Parcel B, Vail Village ~ilinq 3 344 Beaver bam pd, Lot 10, BIk,2, Vail Village filing 3 343 Beaver bam pd boil, Bik,3, Vail Village filing 3 333 Beaver bam C?d Lot 41, Blk~~, Vail Village filing 275 Beaver bam pd, Unit B Lot 40, Blk,~, Vail Village filing I 26 5 Beaver bam ~d ~ Unit A Lot 40, Blk,~, Vail Village ~ilinq MEMORANDUM • TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 9, 2006 SUBJECT: A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0093) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell On December 12, 2005, an application to redevelop the Crossroads site and create Special Development District No. 39 was submitted to the Community Development Department. In conjunction with that application the applicant, Crossroads East One, LLC and Crossroads West One LLC, represented by Mauriello Planning Group, LLC, submitted the following documents and plans to aid in the review and analysis of the proposal: • A traffic report, • An environmental impact report, • A document describing the project in detail and addressing all the criteria and findings for the various applications, • A set of proposed plans, elevations, and survey, • The currently existing digital model, and • A physical model of the proposed Crossroads building site. Staff has determined, pursuant to Section 12-9A-5, Submittal Requirements, Vail Town Code that in addition to the documents submitted regarding the Crossroads development, that a physical model of the proposed project and surrounding properties is necessary to evaluate the proposed project. A physical model of the Crossroads site and the surrounding properties, see attachment for area required by Staff, will aid in providing a complete disclosure of all the information regarding the proposed project and allow for a fair and equitable review process within the Boards, Commissions, and the public. Section 12-9A-8A, Design Criteria, Vail Town Code, requires the following criteria to be evaluated and addressed by Staff, Commission, and Town Council. A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity, and orientation. Staff believes that while the digital model has been very helpful in reviewing the project, that • the submittal of a physical model which includes adjacent properties will help to bridge the gaps in understanding the bulk ,mass, and relationships between adjacent structures being • depicted in the digital model. Staff believes it is essential to have a physical model of the proposed development site and surrounding properties to address the criterion identified in Section 12-9A-8A, Design Criteria, Vail Town Code. Staff would like the Planning and Environmental Commission to provide feedback on the following discussion questions and then tables all the Crossroads development applications to the January 23, 2006, hearing. • Does the Planning and Environmental Commission also believe that a physical model of the Crossroads development and surrounding properties is required for review of the proposed Crossroads development? • Does the Planning and Environmental Commission foresee the need for any additional information which would aid in the review of the proposed Crossroads development? For example, an accurate demonstration of height of the proposed project on site? Does the PEC believe a joint work session is needed with the Town Council to review and discuss any policy questions? On January 3, 2006, Staffwent before the Town Council to discuss two options regarding the review of the proposed Crossroads development. At that meeting the Town Council voted 5-2-0 (Logan and Slifer opposed) to proceed forward with the Special Development District review process. In addition, they affirmed four assumptions staff has made in the previous review of the project. Staff has attached the memorandum from the January 3, • 2006, Town Council meeting for reference (Attachment B). ~ ~~ ~~~ ~9N $.h .eAs.Y'°. ~ 8 ~~~ sp8 Fs E ~/!~ g F .yyy w 4 ~ ~' V'~ ~~~p s... ~~ ,_ gat ~ \C~` ~.. .ra "' + ~~ ,,~, ~ ~yr air`s.. ~ v E 1~ Y I r ~~ N LL t7 ~'Y {g,; .n =~ MEMORANDUM • TO: Town Council FROM: Community Development Department DATE: January 3, 2006 SUBJECT: A request for work session with the Vail Town Council to discuss the development review process for the proposed Crossroads development application. Planner: Warren Campbell DESCRIPTION OF THE REQUEST A request for work session with the Vail Town Council to discuss the development review process for the proposed Crossroads development application. Staff would like to present options in the review process for the development application for Crossroads, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. The applicant, Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, are proposing to establish Special Development District No. 39, Crossroads, to allow for the redevelopment of the Crossroads structures. II. BACKGROUND During the review of the previously submitted Crossroads development applications, matters • were raised regarding public benefits and the discrepancy between the underlying Commercial Service Center zoning and the Vail Village Master Plan recommendations. The Staff and Planning and Environmental Commission are looking for feedback on these and other matters. The goal of the work session is to look at ways to improve the review process. III. ZONING REQUIREMENTS AND STATISTICS Town of Vail Zonina Reaulations Within the Town of Vail there are three properties zoned Commercial Service Center (CSC) district. Those properties are the Gateway Building and the Weststar Bank Building and the Crossroads Building. Both the Gateway Building and The Weststar Bank Building currently have Special Development Districts applied to their properties. The existing Crossroads Building does not have a Special Development District nor does it conform to the CSC zone district. Article E. Commercial Service Center (CSC) District (in part) 72-7E-1: Purpose: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited . multiple-family dwelling and lodge uses as maybe appropriate without interfering wifh the basic commercial functions of the District. The Commercial Service Center Attachment: B District is intended to ensure adequate light, air, open space, and other amenities • appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. 72-7E-3: Permitted Uses: The following uses shall be permitted in the CSC District: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges, taverns, and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Barbershops. Beauty shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Coin operated orself-service laundries. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. • Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores and pharmacies. Florists. Food stores. Furniture sfores. Gift stores. Hardware sfores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. • Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. • Radio and television broadcasting studios. Radio and television stores and repair shops. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. 12-7E-4: Conditional Uses: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfast as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Commercial laundry and cleaning services. Dog kennel. • Major arcade. Multiple-family dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Type 111 employee housing units (EHU) as provided in chapter 13 of this title. 12-7E-5: Accessory Uses: The following accessory uses shall be permitted in the CSC district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Minor arcade. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, • and necessary for the operation thereof. • 12-7E-7: Setbacks: In the CSC district, the minimum front setback shall be twenty feet (20 ), the minimum side setback shall be twenty feet (20 ), and the minimum rear setback shall be twenty feet (20). 12-7E-8: Height: For a flat or mansard roof, the height of buildings shall not exceed thirty five feet (35). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38 ). 12-7E-g: Density Control: Not more than forty (40) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area, and gross residential floor area shall not exceed fifty percent (50%) of total building floor area on any site. Total density shall not exceed eighteen (18) dwelling units per acre of buildable site area. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. 12-7E-10: Site Coverage: Site coverage shall not exceed seventy hve percent (75%) of the total site area. • 12-7E-11: Landscaping and Site Development: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. 12-7E-12: Parking and Loading: Off-street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half (1/2) of the required parking shall be located within the main building or buildings. No parking or loading area shall be located in any required front setback area 12-7E-13: Location of Business Actrivity: A. Limitations; Exception: All permitted and conditional uses by sections 12-7E-3 and 12-7E-4 of this article, shall be operated and conducted entirely within a building except for permitted parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Outdoor Display: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's . own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 4 Vail Villaae Master Plan Recommendations • The Vail Village Master Plan identifies the Crossroads development site as both Medium/High Density Residential and Mixed Use within the Land Use Plan. The Open Space Plan identifies the Crossroads site as having plaza with greenspace in the location of the existing surface parking lot. The Parking and Circulation Plan identifies pedestrian circulation occurring in a plaza with greenspace located in the general location of the existing surface parking lot. The Building Height Plan divides the Crossroads site into two areas of differing recommended heights. The north portion of the Crossroads site is identified as being 5 to 6 stories and the south portion as 3-4 stories. Within the Master Plan a story is defined as being 9 feet in height. The current policy is that a story is considered to be 11 feet to accommodate the market demands for sense of space and mechanical systems, such as air conditioning. With a floor plate of 11 feet and a 12-foot tall roof structure the recommended maximum height of a structure, according to the Vail Village Master Plan should be 78 feet (11' X 6 stories + 12' = 78 feet) along the northern portion of the site and 56 feet (11' X 4 stories + 12' = 56) feet along the southern portion of the site. According to the Action Plan the Crossroads site is located within the Mixed Use Sub- Area (#1) which states the following: Mixed Use Sub Area (#1) The Mixed-Use sub-area is a prominent activity center for Vail Village. It is • distinguished from the Village core by the larger scale buildings and by the limited auto traffic along Easf Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. There is a great deal of potential for improvements to both public and private facilities in the area. Among these is the opportunity to develop gateway entries to the Village at the 4-way sfop and at the intersection of Vail Road and Meadow Drive. It is also a long term goal to strengthen the connection between this area and the Village core area by reinforcing the established pedestrian linkages. Pedestrianization in this area may benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to Gore Creek. A significant increase in the Village's overnight bed base will occur in Phis sub- area with the development of the final phase of the Vail Village Inn project. In addition, commercial and residential/lodging development potential is identified in sub-area concepts 3, 4, 6, and 8. The completion of these projects will essentially leave the sub-area "built out" #7-6 Crossroads Infill Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration of infill maybe done • a number of ways, it is the overall intent to replace existing surface parking with pedestrian corridors into a commercial area, as well as to provide a strong building edge on Meadow Drive and streetscape • improvements. Improvements of the planted buffer adjacent to the Frontage Road is also important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fire access also exists in the redevelopment scheme. Special emphasis of 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. • • April 25. 2005, PEC Recommendation of Approval The following is the zoning analysis of the proposal the PEC recommended approval of with conditions on April 25, 2005. The deviations to the prescribed development standards are shown in bold text in the table below. Development Standard Lot Area: Buildable Area: Setbacks: Front (Frontage Road): West Side: East Side: Front (Meadow Drive): Building Height: Density: GRFA: Site Coverage: (75%) Allowed Proposed 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) 115,129 sq. ft. 20' 0' to 19' 20' 2' (loading dock) to 25' 20' 0' to 25' 20' 0' to 150' 38' 99.9 ft. 18 units/acre 28.4 units /acre 47.5 D.U.s 75 D.U.s 46,051.6 sq. ft. 210,054 sq. ft. (40%) (182%) 86,346.8 sq. ft. 107,772 sq. ft. (93.6%) Landscape Area: Total 23,025.8 sq. ft. 42,255 sq. ft. (20% total site) (36.7% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 14,898 sq. ft. (80%) (35.3%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 27,357 sq. ft. (20%) (64.7%) Parking: 246 spaces 338 spaces (92 surplus spaces private parking club) BOLD indicates deviations from the prescribed development standards. proposed to be in 6 r Auaust 2. 2005. Town Council • The following is the zoning analysis of the proposal the Town Council saw on August 2, 2005, prior to the withdraw of the application. The deviations to the prescribed development standards are shown in bold text in the table below. Development Standard Allowed Proposed Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area: 115,129 sq. ft. Setbacks: Front (Frontage Road): 20' 3' to 19' West Side: 20' 3' (loading dock) to 25' East Side: 20' 0' to 25' Front (Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 25.7 units lacre 47.5 D.U.s 68 D.U.s GRFA: 46,051.6 sq. ft. 189,942 sq. ft. (40%) (164%) • Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 50,400 sq. ft. (20% total site) (43.7% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 21,654 sq. ft. (80%) (42.9%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 28,746 sq. ft. (20%) (67.0%) Parking: 235 spaces 334 spaces (99 surplus spaces) BOLD indicates deviations from th e prescribed development standards. December 12. 2005 Proposal Development Standard Allowed Proposed Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area: 115,129 sq. ft. Setbacks: • Front (Frontage Road): 20' 3' to 19' West Side: 20' 3' (loading dock) to 25' East Side: 20' 0' to 25' • Front (Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 26.1 units/acre 47.5 D.U.s 69 D.U.s GRFA: 46,051.6 sq. ft. 198,767 sq. ft. (40%) (172.6%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 47,192 sq. ft. (20% total site} (41.0% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 18,581 sq. ft. (80%) (39.4%) Maximum Hardscape of tota l permitted 4,605.1 sq. ft. 28,611 sq, ft. (20%) (60.6%) Parking: 235 spaces 338 spaces • (103 surplus spaces) BOLD indicates deviations from the prescribed developm ent standards. The current development proposal dated December 12, 2005, has been reworked and a portion of the changes made through the negotiation process with Council have been added back into the project. To be more specific approximately 8,825 square feet of GRFA have been added, 1 Dwelling Unit, the building on the northeast corner has been pulled back towards the intersection of Village Center Road and the Frontage Road, and the roof ridges in select location have been raised primarily on the eastern side of the building since August 2, 2005, the last time Council saw the project. The current development proposal dated December 12, 2005, is smaller than the plans dated April 25, 2005, which the PEC and staff recommended approval of to Council. To be more specific it is has 11,287 square feet less GRFA and 6 fewer dwelling units. The building footprint has changed slightly to be pulled further back from East Meadow Drive and the roof forms have been reduced in height in some areas mainly along the eastern wing of the proposed structure. IV. DISCUSSION ITEMS Staff believes there are two procedural options which could be followed to perform a review of the proposed Crossroads development applications. Staff recommends the Town Council listen to the staff presentation, ask questions, and then provide direction on the following: • Process Questions: • • Does the Town Council believe the Commercial Service Center zone district and Vail Village Master Plan should be examined for possible amendment to achieve the goals of the community in terms of height, land use, setbacks density, site coverage, landscaped area, etc., prior to consideration of a new development application? OR Does the Town Council believe that the Special Development District review process provides the Planning and Environmental Commission and Town Council the framework by which to review a development proposal in the Commercial Service Center zone district and Vail Village Master Plan? If yes, staff would request that the Town Council affirm the assumptions made by staff in the previous application's review as being applicable for the current application's review. (The assumptions made by Staff are discussed on pages 9-12 of this memorandum.) Other Technical Questions: • Does the Town Council believe that review of a Developer Improvement Agreement (DIA) should begin with the Planning and Environmental Commission to insure the public benefits, etc.? Does the Town Council need any additional information, or wish to schedule any additional work session discussions, to better understand the • Crossroads development proposal? The two options are as follows: Review and Possible Update of Zonino and Master Plan Requirements During the previous review process of the Crossroads development there was a great deal of discussion regarding the Commercial Service Center (CSC) zone district and the Vail Village Master Plan (WMP) recommendations. It was suggested by many, including Staff that the CSC zoning was antiquated and needed to be amended to accomplish the goals identified in the WMP. In addition, it was also discussed that a fresh look should be taken of the WMP to verify all the recommendations were still valid. Staff believes that a primary reason the previous review of the Crossroads project was difficult within the development review process was the fact that there was a lack of a good framework by which to review the project. As has been discussed in several public hearings the deviations being requested from the underlying zoning district of CSC were quite large. In previous instances where the underlying zoning or appropriate master plans were not current with a project being proposed the step was taken to update the zoning and master plans prior to review of any specific proposal. Most recent examples are the Vail's Front Door development, the Evergreen Lodge redevelopment, West Vail Master • Plan, and the West Lionshead Master Plan. • Previously, Staff was able to demonstrate that the project was in close conformance with the WMP recommendations, though deviating in some respects. However, the development proposal deviated substantially form the underlying zoning. To achieve a recommendation of approval Staff made several assumptions regarding the property, the zoning, and the proposed project. In order to achieve a recommendation of approval which was made to the PEC on April 25, 2005, Staff made several assumptions regarding the Crossroads proposal. The first assumption examined Section 12-7E-1, Purpose, Vail Town Code, which identifies that the residential component should be "limited" so as to not interfere "with the basic commercial function of the District". A second assumption staff made was regarding Section 12-7E-9, Density Control, Vail Town Code, which identifies that the amount of Gross Residential Floor Area included within a project in the CSC zone district "shall not exceed fifty percent (50%) of total building floor area on any site': While the SDD process allows for deviations from the requirements mention above staff examined the project to see how closely the proposed project came to meeting the purpose section of the CSC zone district when proposing that more that 50% of the total building floor would be GRFA and what were the impacts on the primary purpose of providing commercial establishments. Staff made the assumption that the amount of commercial being proposed in the project was likely at the carrying point of the property and that the proposed residential and its associated GRFA was not limiting or negatively impacting the commercial objectives of the CSC zone district. A third assumption Staff made, with the verification of the PEC by a vote of 6-1-0, was • regarding the policy on floor plate height as discussed in the WMP. As discussed in Section III of this memorandum the WMP Building Height Plan identifies a floor plate as being 9 feet in height. As several projects have come through the process applicants have demonstrated that current market demands and mechanical system needs warrant a taller floor plate dimension. The current floor plate height policy established by the PEC is 11 feet. With the proposed Crossroads project the floor plate height is 11 feet 6 inches. As mention earlier on April 25, 2005, the PEC by a vote of 6-1-0, verified that a floor plate height of 11 feet 6 inches was appropriate. One member of the Commission did not agree that a floor plate height of 11 feet 6 inches was appropriate for this project nor the village as a whole. The assumption that a floor plate of 11 feet 6 inches brought the proposed heights of the structure closer to the maximum heights identified in the WMP. The following is a portion of Staff's April 25, 2005, memorandum to the PEC which discusses the 11 foot 6 inch floor plates. "Staff has generally accepted an 11-foot floor-to-floor building plate on previous projects located within the scope of the Vail Village Master Plan such as the Tivoli Lodge and the Manor Vail Lodge (the PEC voted to adopt 11 foot 6 inch floor to floor in Lionshead as a part of the Lionshead Redevelopment Master Plan). In addition, it has been previously determined that a roof structure is at an appropriate size when it is 12 feet from eave to ridge, as identified above. This particular project, according to the applicant, because of its proximity to the Interstate and large window areas (heat gain) will need to have climate control equipment which the two previous projects did not. If a floor-to-floor plate of 11 feet 6 inches and a 12-foot tall roof structure is acceptable the maximum height of structure, according to the Vail Village Master Plan should be 81 feet (11.5' X • 6 stories + 12' = 81 feet) along the northern portion of the site and 58 feet (11.5' X 4 stories + 12' = 58) feet along the southern portion of the site. However, 10 given the width of the proposed building forms and roof pitches, the proposed • building will require more than 12 feet of roof height." The final assumption staff made was that a public plaza, as proposed in con}unction with the Crossroads development, was a public benefit which offset the proposed deviations of encroachments into the setbacks, excess height, site coverage, and GRFA . The following is a portion of the April 25, 2005, Staff memorandum to PEC which discusses the development potential vacated by creating the plaza and how it compares to the deviations listed above. In order to assess whether or not the deviations proposed by the project are outweighed by the benefits staff performed an analysis which took the area of the plaza and multiplied it by the allowable GRFA factor (40%). The allowable amount of GRFA was then multiplied by the Vail Village Master Plans maximum number of stories (3-4 stories). Staff selected a factor of 3.5 stories to multiply the developable plaza area by as it was felt it was a reasonable expectation for the height of the structure which might be located in the location of the plaza. When the allowable GRFA is multiplied by the number of recommended developable number of stories this provides an approximate idea of the amount of GRFA which could be constructed on the area being designated as public plaza. The next step was to subtract the amount of GRFA located within the setbacks and above the recommended maximum height in the Master plan of 78 feet on this portion of the site. Upon completion of this calculation it is found that the project is in excess of the amount of GRFA displaced by the proposed public plaza by approximately 121 square feet of GRFA. Therefore it is confirmed that • the proposed public plaza has offset a majority of the proposals GRFA encroachments of into setbacks and above the 78 foot height recommended in the Vail Village Master Plan. However, staff believes the deviation of 121 square feet in excess GRFA is outweighed by the proposed 5 berth loading and delivery facility which will be made available to the public, the two proposed public restrooms (870 s. f. total) and the installation of the complete streetscape improvements on Village Center Drive and East Meadow Drive. Area of Proposed Public Plaza: 24,130 s. f. CSC Allowable GRFA %: .40 Amount of GRFA: 9, 652 s. f. Number of Developable Stories: x3.5 Square Footage of GRFA: 33, 782 s. f. Amount of GRFA in Setbacks: -21.014 s. f. Remaining GRFA of Public Plaza: 12,768 s.f. Amount of GRFA on Floor 6: -12.889 s.f. Amount of GRFA in excess: -121 s.f. The computer model shows those portions of the Crossroads roof which exceed the heights granted at Four Seasans and Vail Plaza Hotel. Staff believes that the area of roof over the established heights of Vail Plaza Hotel and Four Seasons is offset by a combination of the public plaza, loading and delivery facility, public restrooms, and proposed streetscape improvements. Staff believes that with the submittal of a new development application for Crossroads • there is an opportunity to take a look at the CSC zone district and the WMP and potentially amend them if it is determined that they are no longer effective in providing an II • effective framework in evaluating proposals in the CSC zone district under the WMP. Staff cannot anticipate what determination would be reached in reviewing the CSC zoning and WMP for possible amendment. It could be determined that a great deal of change is necessary or that very little is necessary. This option would require a temporary moratorium on development applications within the CSC zone district in order to provide the time to examine CSC zoning and the WMP for possible amendment. Proceed with Existina Zonina and Master Plan Requirements When reviewing the previous development application for Crossroads it was determined that the Special Development District (SDD) review process would provide the necessary framework to review the project with the understanding that the proposed deviations were great and that they could be mitigated by the provision of substantial public benefits. The option to rely upon the SDD process still exists. However, staff believes the result of relying on the SDD process will continue to provide a lack of framework for evaluating the proposal. If it is decided that the SDD process provides the necessary framework to review the Crossroads proposal Staff would request that the Council affirm the assumptions made by Staff previously. V. NEXT STEPS The Community Development Department recommends that the Town Council listen to the presentation and provide feedback in order to more fully understand the review process for the proposed Crossroads redevelopment. • 12 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 9, 2006 SUBJECT: A request for a recommendation to the Vail Town Council of a text amendment to Chapter 4, Districts Established, Section 12-4-1, Designated, Vail Town Code, to allow for the establishment of the Public Accommodation - 2 (PA-2) district, and setting forth details in regard thereto. (PEC05-0079) Applicant: Town of Vail Planner: George Ruher • I. SUMMARY The applicant appeared before the Town of Vail Planning 8~ Environmental Commission on November 14 and 28, and December 12, 2005, to discuss a text amendment to Title 12, Zoning Regulations, Vail Town Code. As a result of the three previous worksession meetings, the Commission directed staff to prepare a text amendment to the Zoning Regulations creating a new zone district which allows for the development of a "lodge" containing "accommodation units with kitchen facilities". The purpose of this public hearing is to present the proposed text amendment creating the new zone district for the Commission's consideration. Staff is recommending that the Planning & Environmental Commission forwards a recommendation of approval of the proposed text amendment to the Vail Town Council. II. DESCRIPTION OF THE REQUEST The Town of Vail Community Development Department is proposing a text amendment to Chapter 4, Districts Established, Section 12-4-1, Designated, Vail Town Code, to allow for the establishment of the Public Accommodation - 2 (PA-2) district, and setting forth details in regard thereto. This amendment has been initiated in response to a request to allow kitchen facilities, as further defined in Title 12 of the Vail Town Code, to be located within accommodation units in certain non-commercial core areas of Town. As proposed, the new zone district differs from the Public Accommodation (PA) district in several ways. A list of the general distinctions includes: • 1: Allows "kitchen facilities" to be located within accommodation units 2. Establishes "limited service lodges" as a permitted use in the district 3. Intended for sites located outside periphery of the Town's Vail Village and Lionshead commercial core areas 4. Contains a shorter list of allowable conditional uses A list of the similarities with the Public Accommodation (PA) district includes: 1. Maintains the same development standards (i.e., setbacks, height, site • coverage, etc.) 2. Continues to allow for accommodation units without kitchen facilities 3. Continues to require for the mitigation of development impacts The proposed amendments are as follows: CHAPTER 7 Commercial and Business Districts Article J. PUBLIC ACCOMMODATION - 2 (PA-2) DISTRICT 12-7J-1: PURPOSE: The public accommodation -2 district is intended to provide sites for lodges, limited service lodges, and residential accommodations on a short term basis, for visitors and guests, together with such public and semipublic facilities and commercial/retail and related visitor oriented uses as may be appropriately located within the same district and compatible with adjacent land uses. This district is intended to provide for lodging sites located outside the periphery of the Town's Vail Village and Lionshead commercial core areas. The public accommodation - 2 district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the district by establishing appropriate site development standards. Additional nonresidential uses are allowed as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the district. 12-7J-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Limited service lodge. 12-7J-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast, as further regulated by section 12-14-18 of this title. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the • total gross residential floor area of the buildings, grounds and facilities. Public or commercial parking facilities or structures. • Public transportation terminals. Public utility and public service uses. Theaters and convention facilities. Type III employee housing units as provided in chapter 13 of this title. 12-7J-4: ACCESSORY USES: The following accessory uses shall be permitted in the PA district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Meeting rooms. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. • 12-7J-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area and each site shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80') on each side within its boundaries. 12-7J-6: SETBACKS: In the PA district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). At the discretion of the planning and environmental commission and/or the design review board, variations to the setback standards outlined above may be approved during the review of exterior alternations or modifications (section 12-7A-12 of this article) subject to the applicant demonstrating compliance with the following criteria: A.Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B.Proposed building setbacks will provide adequate availability of light, air and open space. C.Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. • D.Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 3 12-7J-7: HEIGHT: • For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45'). For a sloping roof, the height of buildings shall not exceed forty eight feet (48'). 12-7J-8: DENSITY CONTROL: Up to one hundred fifty (150) square feet of gross residential floor area (GRFA) may be permitted for each one hundred (100) square feet of buildable site area. Final determination of allowable gross residential floor area shall be made by the planning and environmental commission in accordance with section 12-1A-12 of this article. Specifically, in determining allowable gross residential floor area the planning and environmental commission shall make a finding that proposed gross residential floor area is in conformance with applicable elements of the Vail Comprehensive Plan. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. For the purposes of calculating density, employee housing units, limited service lodge units, accommodation units and fractional fee club units shall not be counted towards density (dwelling units per acre). A dwelling unit in amultiple-family building may include one or more attached accommodation units. 12-7J-9: SITE COVERAGE: Site coverage shall not exceed sixty five percent (65%) of the total site area. Final • determination of allowable site coverage shall be made by the planning and environmental commission and/or the design review board in accordance with section 12-7A-12 of this article. Specifically, in determining allowable site coverage the planning and environmental commission and/or the design review board shall make a finding that proposed site coverage is in conformance with applicable elements of the Vail Comprehensive Plan. 12-7J-10: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. 12-7J-11: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short term guest loading and drop off shall be permitted in the required front setback subject to the approval of the planning and environmental commission and/or the design review board. • 4 12-7J-12: EXTERIOR ALTERATIONS OR MODIFICATIONS: • A. Review Required: The construction of a new building or the alteration of an existin 9 building shall be reviewed by the design review board in accordance with chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, limited service lodge units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of • community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. . 4. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. 5. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void three (3) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be • allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. 5 12-7J-13: COMPLIANCE BURDEN: • It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the public accommodation zone district, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 12-7J-14: MITIGATION 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. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. 99~~AnnlTlllAl ~1C ~`Dr1CC DCCIr1CAITIA~ CI ~1~1D ADCA Tn Cv1CT1~A • DD~IDCD CC. ~.TI__. ~-~'f=- raside~iaf-ftecr c: ~~,'~dded-tc c ~~ ' 'ar zaae~ r aper~y f, ~t ~ crc~r, cell rm , .,.,wl fee Bleb-unito c-~j ' '~~I -;.e~crmi*.. Thi7 S+n}+ta#inn chull nat =rr y~e-Crcc~ resibe~i~l flair cr in c^ 'crr~ 1'' 15 ~ ~ ~ c ~f +hi~ +~+io The following new definitions are proposed: SECTION 12-2-2, DEFINITIONS: Lodge Unit, Limited Service: Any room or group of rooms with kitchen facilities, as defined herein, in a limited service lodge which are designed for temporary occupancy by visitors, guests, individuals, or families on a short term rental basis, and accessible from common corridors, walks, or balconies without passing through another accommodation unit, limited service lodge unit, fractional fee club unit or dwelling unit. A limited service lodge unit is not intended for permanent residency and shall not be subdivided into an individual condominium unit, pursuant to Chapter 13, Subdivision Regulations, Vail Town Code. Lodge, Limited Service: A building or group of associated buildings designed for occupancy primarily as the temporary lodging place of visitors, guests, individuals, or • families, on a short term rental basis, in limited service lodge units or any combination of accommodation units, limited service lodge units, fractional fee club units, or dwelling units in which the gross residential floor area devoted to accommodation units, limited 6 • service lodge units, and fractional fee club units is equal to or greater than seventy percent (70%) of the total gross residential floor area on the site, and in which all such units are operated under a single management providing the occupants thereof customary lodge services and facilities. ACCOMMODATION UNIT: Any room or group of rooms without kitchen facilities, as defined herein, which are designed for temporary occupancy by visitors, guests, individuals, or families on a short term rental basis, and accessible from common corridors, walks, or balconies without passing through another accommodation unit, limited service lodge unit, fractional fee club unit or dwelling unit. An accommodation unit is not intended for permanent residency and shall not be subdivided into an individual condominium unit, pursuant to Chapter 13, Subdivision Regulations, Vail Town Code. d r ~da~ted-te-escsF~nsy~ g~+estc cnd--asscc~~l rc, cvallcc, ar alseeicc cv+t~c-` r~~~ing t#re~;h cr.at#tr ~scnmian -~n' KITCHEN FACILITIES: Fixtures and equipment for food storage and preparation of meals, including a sink, stove, oven or microwave oven, and ~~#figerat+e+a refrigerator and food storage facilities. KITCHENETTE: A room containing aet~esc fhcn the following fixtures and appliances only: a microwave oven and{eFSen:ing-s~#ase, sink, and refrigerator. III. BACKGROUND • A review of the Town's files and records clearly identifies the intent of the existing regulations regarding accommodation units and the prohibition against allowing accommodation units to contain "kitchen facilities". The files show that the legislative intent behind the current regulation is to: 1) discourage long-term occupancy of what are intended to be short-term rental units; 2) prevent the likelihood of the sale of accommodation units as dwelling units; 3) encourage visitors and guests to frequent the many eating and drinking establishments in the town during their stay in Vail; and 4) ensure compatibility amongst surrounding land uses. A further review of the Town's files shows that the existing language pertaining to definitions of accommodation units, dwelling units, kitchen facilities and kitchenettes has remained unchanged since their adoption in 1973. The only recent and notable amendment to the regulation of accommodation units came in the late 1990's when the development standards for density were amended and accommodation units were no longer counted towards density. Finally, a review of the other resort communities' regulations pertaining to kitchen facilities within hotel rooms reveals a wide range of approaches. For example, the City of Aspen Land Development Regulations, by definition, permits kitchens within individual hotel rooms in a hotel or lodge while the Town of Breckenridge Land Development Code states that "no kitchens of any kind are permitted within the units" of hotel, lodges or inns. • On November 14 and 28, 2005, the applicant appeared before the Planning & Environmental Commission with a request to amend the text of the Public Accommodation (PA) zone district to allow accommodation units to include kitchen facilities, as a conditional use in the district. Upon consideration of the request, the 7 Commission directed staff and the applicant to prepare an amendment which would • result in the creation of a new zone district purposefully intended to allow accommodation units to include kitchen facilities in certain areas of Town. IV. On December 6, 2005, during the PEC/DRB update to the Vail Town Council, staff informed the Town Council of the recent discussions with the Planning & Environmental Commission regarding the text amendment and the creation of a new zone district. The Town Council acknowledged that the intent of the proposed text amendment may have merit, however, encouraged the staff and Commission to evaluate other options. For example, the possibility of creating a conditional use with use-specific criteria addressing the relationship of the use to other neighboring uses and development objectives of the Town or the elimination of the prohibition against kitchen facilities in accommodation units. The Town Council expressed that it may be appropriate to re-evaluate the legislative intent of the current land use policy prohibiting kitchen facilities in accommodation units. On December 12, 2005, the applicant appeared before the Planning & Environmental Commission to discuss the merits of creating the Public Accommodation-2 (PA-2) district. Following discussion on the topic, the Commission directed staff to prepare a proposed text amendment for the Commission's consideration and recommendation. On December 20, 2005, Community Development Department held a worksession meeting with the Vail Town Council to present the options for addressing the desire to allow kitchen facilities in accommodation units. Following presenting, the Town Council directed staff to prepare an ordinance establishing the Public Accommodation -2 district. • ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or • Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. 8 . Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. REVIEW CRITERIA The review criteria and factors for consideration for a text amendment application are established by the provisions of Section 12-3-7, Amendments, Vail Town Code. 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, The general and specific purposes of the Zoning Regulations are prescribed in Section 12-1-2, Purpose, of the Vail Town Code. The following purposes are listed in Section 12-1-2, "General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town .in a manner • that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in fhe streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable • community. " Given that the request is to create a new zone district in the Town of Vail, staff believes that each of the above-described purposes of the Zoning Regulations is 9 applicable. As such, the creation of the new zone district as discussed and • contemplated by both the Planning 8 Environmental Commission and the Vail Town Council, furthers the purposes of the Zoning Regulations. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, As discussed in Section III (Background) of this memorandum, the legislative intent of the current prohibition against kitchen facilities in accommodation units is well documented in the Town's files. This text amendment, as proposed, ensures the preservation of the intent of the current legislation in the areas located nearest the Town's commercial core areas while still allowing the Town to be competitive in the resort lodging market. For these reasons, staff believes that the text amendment better implements and better achieves the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan. For example, "ensuring the preservation and upgrading of the Town's hotel bed base. " 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and, The public record on this application, as documented in the memorandum to the • Planning 8~ Environmental Commission, dated November 14, 2005, clearly demonstrates how conditions have substantially changed since the adoption of the present land use policy. It is well documented in the Town's files, studies and reports that to remain competitive in the destination resort market, the diversity and variety of resort lodging products must be continually expanded and supported. This amendment, through the allowance of kitchen facilities in accommodation units in certain areas of Town, addresses the ever changing demands and desires of our guests and visitors. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, The municipal objectives of the Town's current policy prohibiting kitchen facilities in accommodation units are clear. As stated, one objective of the current policy is to encourage the guests and visitors to frequent the Town's many eating and drinking establishments during their stay in Vail. Through the creation of the Public Accommodation-2 (PA-2) district and the purposes behind it, the diversity and variety of resort lodging opportunities can be expanded for our guests and visitors without sacrificing the importance of the Town's eating and drinking establishments in the commercial core areas. 5. Such other factors and criteria the Commission and/or Council deems • applicable to the proposed text amendment. 10 • VI. STAFF RECOMMENDATION The Community Development Department recommends that the Planning 8 Environmental Commission forwards a recommendation of approval of the text amendment to Chapter 4, Districts Established, Section 12-4-1, Designated, Vail Town Code, to allow for the establishment of the Public Accommodation - 2 (PA-2) district, and setting forth details in regard thereto to the Vail Town Council. Staff's recommendation of approval is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning & Environmental Commission choose to forward a recommendation of approval of this text amendment to the Vail Town Council, staff recommends that the following finding be made as part of the motion, "Upon review of the text amendment to Chapter 4, Districts Established, Section 12-4-1, Designated, Vail Town Code, to allow for the establishment of the Public Accommodation - 2 (PA-2) district, and setting forth details in regard thereto, the Commission finds that the amendment complies with each of the criteria listed in Section V of the memorandum to the Planning & Environmental Commission, dated January 9, 2006." • 11 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 9, 2006 SUBJECT: A request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone Lots 9-12, Buffehr Creek Resubdivision, Roost Lodge, from Public Accommodation (PA) district to Public Accommodation -2 (PA-2) district, located at 1783' North Frontage Road, Lots 9-12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. Applicant: Timberline Roost Lodge L.L.C. Planner: George Ruther I. SUMMARY • The applicant, Timberline Roost Lodge, L.L.C., has submitted a development review application to the Community Development Department to allow for the rezoning of Lots 9-12, Buffher Creek Resubdivision, from Public Accommodation (PA) District to Public Acommodation-2 (PA-2) District. The applicant has submitted the application in anticipation of the redevelopment of the Roost Lodge. Staff is recommending that the Planning & Environmental Commission forwards a recommendation of approval of the applicant's development review application. II. ~ DESCRIPTION OF REQUEST The applicant, Timberline Roost Lodge L.L.C., has submitted a development review application to the Town of Vail Community Development Department. The purpose of the application is to amend the Official Zoning Map of the Town of Vail whereby Lots 9 -12 Buffher Creek Resubdivision are rezoned to Public Accommodation - 2 zone district. According to the applicant, the rezoning is intended to facilitate the redevelopment of the Roost Lodge. A vicinity map of the development site and surrounding area has been attached for reference. (Attachment A) III. BACKGROUND A review of the Town's files and records clearly identifies the intent of the existing regulations regarding accommodation units and the prohibition against allowing • accommodation units to contain "kitchen facilities". The files show that the legislative intent behind the current regulation is to: 1) discourage long-term occupancy of what are intended to be short-term rental units; 2) prevent the likelihood of the sale of accommodation units as dwelling units; 3) encourage visitors and guests to frequent the many eating and drinking establishments in the town during their stay in Vail; and 4) ensure compatibility amongst surrounding land uses. A further review of the Town's files shows that the existing language pertaining to definitions of accommodation units, dwelling units, kitchen facilities and kitchenettes has remained unchanged since their adoption in 1973. The only recent and notable amendment to the regulation of accommodation units came in the late 1990's when the development standards for density were amended and accommodation units were no longer counted towards density. Finally, a review of the other resort communities' regulations pertaining to kitchen facilities within hotel rooms reveals a wide range of approaches. For example, the City of Aspen Land Development Regulations, by definition, permits kitchens within individual hotel rooms in a hotel or lodge while the Town of Breckenridge Land Development Code states that "no kitchens of any kind are permitted within the units" of hotel, lodges or inns. On November 14 and 28, 2005, the applicant appeared before the Planning & Environmental Commission with a request to amend the text of the Public Accommodation (PA) zone district to allow accommodation units to include kitchen facilities, as a conditional use in the district. Upon consideration of the request, the Commission directed staff and the applicant to prepare an amendment which would result in the creation of a new zone district purposefully intended to allow • accommodation units to include kitchen facilities in certain areas of Town. On December 6, 2005, during the PEC/DRB update to the Vail Town Council, staff informed the Town Council of the recent discussions with the Planning & Environmental Commission regarding the text amendment and the creation of a new zone district. The Town Council acknowledged that the intent of the proposed text amendment may have merit, however, encouraged the staff and Commission to evaluate other options. For example, the possibility of creating a conditional use with use-specific criteria addressing the relationship of the use to other neighboring uses and development objectives of the Town or the elimination of the prohibition against kitchen facilities in accommodation units. The Town Council expressed that it may be appropriate to re-evaluate the legislative intent of the current land use policy prohibiting kitchen facilities in accommodation units. On December 12, 2005, the applicant appeared before the Planning & Environmental Commission to discuss the merits of creating the Public Accommodation-2 (PA-2) district. Following discussion on the topic, the Commission directed staff to prepare a proposed text amendment for the Commission's consideration and recommendation. On December 20, 2005, Community Development Department held a worksession meeting with the Vail Town Council to present the options for addressing the desire to allow kitchen facilities in accommodation units. • • IV. ROLES OF THE REVIEWING BODIES Rezonina/Zone District Boundary Amendment Planning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: The Design Review Board has no review authority on zoning/rezonings. Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. 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: The Town Council is responsible for final approval/denial of a zoning/rezoning. • The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. V. APPLICABLE PLANNING DOCUMENTS Zonina Reaulations 12-3-7: AMENDMENT: A. Prescription: The regulations prescribed in this title and the boundaries of the districts shown on the official zoning map maybe amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in district boundaries and a map indicating the existing and proposed district boundaries. If the petition is for a • change in district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all • owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. Town of Vail Land Use Plan Medium Density Residential -The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional/public uses such as parks and open space, churches, and fire stations. Resort Accommodations and Service -This area includes activities aimed at accommodating the overnight and short term visitor to the area. Primary uses include hotels, lodges, service stations, and parking structures (with densities up fo 25 dwelling units or accommodation units per buildable acre). These areas are oriented toward vehicular access from 1-70, with other support commercial and business services included. Also allowed in this category, would be institutional uses and various municipal uses. Chapter 11 -Land Use Plan Goa/s/Policies • 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. • i• • • VI. ZONING ANALYSIS The following zoning analysis provides a comparison of the development potential currently allowed under the Public Accommodation (PA) District to that of the proposed Public Accommodation - 2 (PA-2) District. Legal Description: Lots 9-12, Buffher Creek Resubdivision Land Use Designation: Medium Density Residential Lot Size: 86,597 sq. ft./1.988 acres Development Standard PA PA-2 Lot Area: 10,000 sq.ft. min. 10,000 sq.ft. min. Setbacks: 20' all sides* 20' all sides* Height: GRFA: Density Control: Site Coverage: 48 feet 129,895 sq ft."* 49 d u's 65% or 56,288*** 48 feet 129,895 sq. ft.** 49 du's 65% or 56,288 *"` Landscaping: 25,979 sq. ft. min. Parking Per Chapter 10 of the Zoning Regulations * See Sections 12-7J-6 and 12-7A-6 for further details ** At the discretion of the PEC per Sections 12-7A-8 and 12-7J-8 *** At the discretion of the PEC per Sections 12-7A-9 and 12-7J-9 VII. SURROUNDING LAND USES AND ZONING Land Use North: Residential South: I-70 ROW East: Residential West: Residential VIII. CRITERIA AND FINDINGS 25,979 sq. ft. min. Per Chapter 10 of the Zoning Regulations Zoning Two Family Primary/Secondary N/A Two Family Primary/Secondary Residential Cluster Amendment to the Official Zonino Map of the Town of Vail (rezoning) Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town Code authorizes amendments to the Official Zoning Map of the Town of Vail. Pursuant to Section 12-3-7, Amendments, in part, 5 "an application fo. amend the district boundaries of the Zoning Map may be • initiated by petition of any resident or property owner in the Town." Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and Environmental Commission and Town Council shall consider with respect to a request to amend the Zoning Map. The applicant is seeking a recommendation of approval to rezone Lots 9-12 Buffher Creek Resubdivision from Public Accommodation (PA) district to the Public Accommodation-2 (PA-2) district. According to Section 12-3-7 C, of the Vail Town Code, Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Section V of this memorandum outlines the goals and policies that are relevant to the proposed rezoning of Lots 9-12, Buffher Creek Resubdivision. • According to Section 12-7J-1: Purpose; Public Accommodation-2 (PA-2) district, "The public accommodation -2 district is intended to provide sites for lodges, limited service lodges, and residential accommodations on a short term basis, for visitors and guests, together with such public and semipublic facilities and commercial/retail and related visitor oriented uses as maybe appropriately located within the same district and compatible with adjacent land uses. This district is intended to provide for lodging sites located outside the periphery of the Town's Vail Village and Lionshead commercial core areas. The public accommodation - 2 district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to mainfain the desirable resort qualities of the district by establishing appropriate site development standards. Additional nonresidential uses are allowed as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the district. " This Zone District was specifically developed to provide incentives for properties to redevelop as limited service lodges. The ultimate goal of • these incentives is create variety and diversity amongst resort lodging unit • types. Any future redevelopment of the property will be required to comply with the standards outlined for development in the district. The proposed rezoning is consistent and compatible with the Vail Comprehensive Plan and the Town's development objectives. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; and The Public Accommodation-2 district establishes zoning that is consistent with both existing and proposed uses on the parcel. The proposed use of the property will remain as a lodge thus providing short-term accommodations for guests and visitors to the Town. The zone district amendment is consistent with existing and potential uses on surrounding properties. According to the Vail Land Use Plan, the adjoining land use designations include Medium Density Residential. Pursuant to the Plan, the existing land use designation is Medium Density Residential and is not proposed to change with this application. Given that the existing use is a lodge in the medium density residential land use designated area and that the new use is not a substantial change, staff believes that the amendment is suitable with the existing and potential • land uses surrounding the site. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The Public Accommodation-2 district is consistent with the existing and proposed use of the property. The proposed zone district implements specific goals of the Vail Land Use Plan. Staff believes that the proposed re-zoning presents a harmonious, convenient, and workable relationship with land uses in the area consistent with the existing and proposed use of the property. For example, while the overall density of development on the Roost Lodge development site will increase as a result of the zone district boundary amendment and subsequent redevelopment the development standards of the Public Accommodation-2 district ensures a workable relationship among land uses. The only real distinction on future development under the Public Accommodation district versus the Public Accommodation -2 district is the presence of limited service lodge units that contain kitchen facitilies. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and • The proposed re-zoning establishes consistent zoning for the property. This re-zoning will create a zone district consistent with the existing and proposed use of the property. The proposed re-zoning and development • plan provide for the development of an orderly viable community consistent with the Town's development interests as expressed in the Vail Land Use Plan. For instance, the purpose of the Public Accommodation-2 district is, in part, "to provide sites for lodges, hotels, fractional fee clubs, lodge dwelling units, and limited service lodge units". Staff believes that this amendment furthers the development objectives of the Town and serves the best interest of the community as a whole. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed re-zoning will not significantly alter the existing character or uses allowed on the site. As such, staff does not for see any adverse impacts on the natural environment to include water quality, air quality, noise, vegetation, etc. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The Public Accommodation-2 district is proposed for the subject property. The proposed zone district is consistent with the intended purpose of that zone district. 7. The extent to which the zone district amendment demonstrates how • conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. Since the original adoption of zoning on the property, the Town of Vail has undergone an extensive growth and change. As such, the Town has adopted clearly identifiable goals and objectives for development in this general area of Town. In order to ensure that these goals and objectives for development are carried out, the Town adopted the Public Accommodation-2 district. If approved, the applicant will be afforded the opportunity to redevelop the site with the Town's goals in mind. 8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval of an amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12, Zoning Regulations, Vail Town Code, to rezone Lots 9-12, Buffher Creek Resubdivision to the Vail Town Council, subject to the following condition: • 1. That the rezoning shall only become effective upon the adoption of an • ordinance duly establishing the Public Accommodation-2 district, as presently contemplated by the Vail Town Council. Staff's recommendation is based upon the review of the criteria outlined in Section Vtll of this memorandum and the evidence and testimony presented, subject to the following findings: "Before recommending and/or granting an approval of an application for a zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and • residential community of the highest quality.". X. ATTACHMENTS A. Vicinity Map ~' rp .5 _qi t~tl ~ G)'' 17 ~ OIW C C~ rn d ()~W ~ ~o~Z'a io£v m ~ c ~~~ .~~~ ~~N ~~>~~~ ~~ U J ~ C R rfi't~ ZW ?~c ~ 17j._ ~ C7 .. ~~ ~'id ; m' .~~'D~~~ tCO-`.y ~ ttl nM LL C ~ N ~`a wEc ~.. W~U~~~S y~~ c~ ~~gm~~~l7 v= N~gN~~y~p{7 E~f0 '~Gd a~~~,. •°mac«° 5 ~1 ¢ d ~ m ~~N^;y Cµ~ U~ _~-~U?m~' ~~' >m~ mE ~ $ta~V m'm~ phi cyO.~o'p>c n ~ C $R ~ !~ id ~cmL'SEOdf~'u WCJ ~a Eo~b ~ocim~ o~'~V me Eat ri~ Q d~n,.,o ~O~ `~O a~~~~ N t9 ~a _O ~cmV3rn3 ~ ~ 0 q O ~ O ~ ~ ~ ~ c~ ~ C 'O a' bA O . v v ~ p b tom. L C ~ ~ ~ ~ O O ~ ~ O G ~n ~ ~ o ~ ~ ~~ . ~ °~ ~c ~ ~ U ~o , .~ U ,~ ,~ °' a ~ ~ ~ o 3 ~ F"~,~ ~ ~ ~ ~ ~ ;~ .. 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'a x •o .~ O U T $ O ~~p~p~ (D ~ p ~ ~ ~ ~~_ ~. ~ ?. ~ 7 N ~ ~ a 'c ~ m ~ °~ v~ m ~~ ~~ fD ;' ~ ~ ~ N ~ ~ ~~~G ........ • J ' ~ ~ ~: a: ~ ~ ~- : W oG : _ ~• ~ U •~ • • ~OiV'••.....••~Q~' • a ~ ,~ .O 1 o• 1 v u OQ O C .,. Q O v. ~v ~- O ~C~ Q O C J`` ~w~ N' Qr~ row v 4~ a J N 'a C Q m. mo ? ~ N~ _~ u. O ~ EQ o ~ m~ `° N Z r w ~Uv ~a 3 O z° ~ ~Z l L ~ ~ U .D W "' ~ N .. _ __ - -~ _ ~~ n `~ y a1pi t~ ZO C7 E g o t7 U I a '~'~ o -a m Zy~ apFN 7 -^W o Uw ~ ~ c ¢ i Uo ~ '~¢ ~ C W`~~~. O Z~ O ~ ~ I¢o~ c ¢ Z mc Qc~a~ ¢~ wJ ZF- ~w o m`c ii o>Ymm~r Z Oa a¢ UCYQtnHZ o Z JJJQ F n U 0i ~~ w w ~ d ~, ~ a o~ ~~ ~ m a E W W ~ f iq .- c+i m y ~ b 00 et O Q a O 0 a yw y L m°>, w ~ v N y y o N o ~- ~ ~ ~ U O - G = ~ >. I N c o '- I m~ m o~~ yNt' ~ ~ U' Q= a~ o.° Q ~ c U ~ o~ a U ~ ~ O U a r U c U 3 I O~ d Z U d Fr ~ ,~ ~ O t~, ~ ~ ~ x ~~ o G~ .y U ~ ~ ~ ~4. ~ ; o ~ ~ 'd a v, 3 ^ ~~~~a ~ ~ > ~ ~_ 3 . ~ ~~ cij ~ O V ~ Q ~ ~ ~ ~ ~ .~ ~ ~ ~ •~ ~ ' ~ O ~ W ~ > • ~ Y -d 3 w. o ~~ a io. cC U ~ ~ C ~ ' G ~ ~ ~ ~ ~ ~ 'b 'y n O N ~ ' u i G+ N ro > cd LC". .b N ~ p ~ ~ ~ ~ a • ° ~ ~ ~' , ~ • V] ~ a ;v ° ~ `~ ~ ~o~ro~~,~ ~ ~w ~ o ~ ~yb ~ a C A ' „ ~ 33~,oa~~~o ~ u ~. ~ o'er ~ a W a "a j ~• ~ ~ o ~ ~ ~ o w o ~ ~a ~ b ~=~~~o~`°x W 6 ~ U ~'"' '~a o a~•~ ~ ~~`'~o 'ba' ~ u Ax ~ ° ~ O y~ aa`' o3a~a~v~o Q j ~ ~ °~FU r U .-+Q. ~ c ~ ~~xt ~ Ry 3 5 Q1 ~ ~ S~ ~~ ~ ~ ~ ~~ o.~ m o ro~.~ ~ .7 U U L ~- L tt3 N ~ m~ c m~~ ~- ~ N o E c E v aci ai y ~ °'.c o `° ~ N . ~, ~ . a arc N ~ ~ ~° o ~~~L°-o.~~ ~~ ~ t o -o o ~~ ~ ` `~az~c -°od, ~ ym~~-A v a ? ° ° aE c mmrc~m~ _~'~3~c~a -~mc~: u m aa~n~m'm ~~ a ~ ~ ~n~~~o~`DOm °' `'' ~ rn D 1 ~ ~ m ~~~ ~,~o cn~~w w ~ ~ ~. D ~~°~° ~ ~~o ~~ (n _ n ~ S ~~ wm ~' S J Q~ N '1'I D Nm~ rn G7 c ~ ~ o~o C N o w ~ D a x ~ ~ ~ ~ a v~ m ~ ° < m ~ Q o--° m m Q. N O N C) ~ ~ O ~ O m D n T, n }-~ ~V-w .~ U p a a~ .b .~ .~ N 7 .~ U N O U 0 0 .~ a 0 Q1 7 W O a~ .~ >_. .~ N .~ b N .a 3 .~ o "" a~ ~ U ~ 'G ~ ~ ~ 0 b '~ ~ •d x b a~ ~ ~ o N ~ ~ ~ ~ a Gd U .~ a~ y b cad O N Q Q `~D O GC C C~ ti "C7 b a 3 b w O .~ a~ .~ U .O G b O N A Q O C -'~ .b aU-~ b a G, 3 b w 0 .~ G 3 0 G RS 0 ~' c~ ~-. b ~O 0 b T 0 u 0 a~ 3 .a L .3 RS ~ ~ U o ~ °; ~ ~ 4? Ry A W U W ~ ~ L !n U O w b .~ U a w a~ „o 0 0 -o b .~ U V-i .ac a N U oz ~ ~ ~ o ,~` a z ~.~`~ N .O ~ U °o N 0 w 0 cd 0 ~G~. ~.:. ~ ~, a ~ g ~ ~~ w= '~ y. g v • Q ~~ ti~.,.o a ~ :. '~'pN .....••' ~;~ PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING January 23, 2006 TC7WNOFt~AIL PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Chas Bernhardt Doug Cahill Anne Gunion Bill Jewitt Rollie Kjesbo George Lamb David Viele MEMBERS ABSENT Site Visits: 1. Crossroads -141 and 143 Meadow Drive 2. Sweet Basil and Emata -193 Gore Creek Drive Driver: George Public Hearing -Town Council Chambers 12:00 pm 2:00 pm 1. A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to an existing platted building envelope, located at 1082 Riva Glen Road/Lot 3, Spraddle Creek Estates Subdivision, and setting forth details in regard thereto. Applicant: 1082 Riva Glen Road LLC, represented by Resort Design Associates Planner: Elisabeth Eckel ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0 1. The amended final plat submitted to the Town for recording shall include a graphic scale and the total area, in square feet, of the new building envelope of an equivalent size approved by this reconfiguration. Elisabeth Eckel gave a presentation per the staff memorandum. The applicant offered no further comment. The Commissioners offered no further comments. 2. A request for a final review of a major exterior alteration, pursuant to Section 12-7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of retail and restaurant space (Sweet Basil and Emata) and the modification of an existing outdoor dining deck, located: at 193 Gore Creek Drive/Lot 56, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building) and setting forth details in regard thereto. (PEC05-0097) Applicant: Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects Planner: Elisabeth Eckel Page 1 ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-1 (Gunion recused) 1. This approval shall be contingent upon the applicant receiving Town of Vail approval of the design review application associated with this major exterior alteration request. 2. Prior to building permit submittal, the applicant shall submit plans to the Community Development Department reflecting the extension to the ground of the exterior shaft located at the east side of the building. 3. Prior to the issuance of a Temporary Certificate of Occupancy by the Community Development Department for the scope of work related to this proposal (PEC050097), the building shall fully comply with the Fire Department's requirements for a sprinkler system. 4. Prior to the issuance of a Temporary Certificate of Occupancy for the scope of work related to the referenced project, the applicant shall gain approval by the Town's Building and Fire Departments of plans which depict full compliance of both rear (north) spiral staircases and a related timeline for the proposed construction and completion of that work. 5. Prior to the issuance of a Temporary Certificate of Occupancy, the applicant shall provide the Community Development Department with a copy of the renewed lease agreement entered into with the Town of Vail to reflect the reconfiguration of the patio and planter located upon the Town of Vail's property. Elisabeth Eckel gave a presentation per the staff memorandum. Bill Pierce, representing the applicant, stated he had nothing to add to staff's presentation. • There was no public comment. Chas Bernhardt and Doug Cahill were in favor of the condition that the building be brought into compliance with the applicable Fire and Building Codes. 3. A request for a recommendation to the Vail Town Council of proposed text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-2-2, Definitions, Vail Town Code, to define a bowling alley and a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for a bowling alley as a conditional use in the Commercial Service Center zone district; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0095) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Bernhardt VOTE:7-0-0 Warren Campbell gave a presentation per the staff memorandum. Dominic Mauriello, representing the applicant, made no further comment. Jim Lamont commented that some of the uses proposed within this project were restricted by existing covenants upon the land. Dean Hall, President of the Vail Village Inn Phase III Homeowners Association, commented that • there were no objections to the bowling alley. He added that it seemed odd that the proposed definition of a bowling alley included so many retail type elements. Page 2 Jim Lamont added that the covenants upon the land specifically stated that bowling alleys were • not allowed upon the land. Russ Forrest acknowledged the presence of Malcolm Murray, who was acting as legal counsel to the Commission during the absence of Matt Mire, Town Attorney. Chas Bernhardt asked for clarification of the underlying covenants. Warren Campbell commented that the Town did not enforce private covenants on private land. He added that he had not seen the covenants and that the applicant would have to resolve those covenant issues if indeed they did restrict bowling alleys. The Commissioners were supportive of the proposal and generally had no additional comment. 4. A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. {PEC05-0093) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Recommendation of approval with condition(s) MOTION: Kjesbo SECOND: Jewitt VOTE: 5-2-0 (Viele and Lamb opposed) • The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: 1. The Developer shall prepare a written agreement for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events -which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events; inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, details for funding public art, and details for providing additional landscaping in the area between Vail Village Inn Phase III and the proposed Crossroads to address the screening needs between the buildings. 2. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit): • 1. The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of Page 3 the Design Review Board prior to submittal of an application for a building permit. . 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval' by the Design Review Board prior to the issuance of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the lodge and enclosed and visually screened from public view. 3. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board. 4. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 5. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 6. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details o this system shall be submitted to staff for review and approval with the application for a building permit. . The Developer shall address the following conditions of approval prior to requesting a temporary certificate of occupancy or a final certificate of occupancy; The Developer shall be assessed a traffic impact fee of $5,000 per net trip increase in p.m. traffic, or $340,000. This impact fee shall not be offset by any public improvement. 2. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes, but is not limited to, the proposed streetscape improvements. 3. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer 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, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 4. The Developer shall provide deed-restricted housing that complies with the Town of • Vail Employee Housing requirements (Chapter 12-13) for a minimum of six (6) beds generated by the redevelopment of Crossroads, and that said deed-restricted Page 4 employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk 8 Recorder, prior to • issuance of a Temporary Certificate of Occupancy for the Crossroads project. The required Type II or III deed-restricted employee housing units will be regulated by the Town of Vail Employee Housing requirements (Chapter 12-13). The applicant shall purchasQ and deed restrict the employee housing beds prior to requesting a temporary certificate of occupancy. The units purchased must be approved as acceptable by Town staff and deed restricted as Type II or III units depending on the zone district in which they are located and by the appropriate review process. The developer shall have the right to participate in any pay-in-lieu program, if one is established by the Town, if he/she so chooses. Participation in a pay-in-lieu program shall occur prior to requesting a temporary certificate of occupancy. 5. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. Warren Campbell gave a presentation per the staff memorandum. Dominic Mauriello, representing the applicant, presented the project using a Powerpoint presentation. • Jeff Winston' of Winston Associates, representing the Town, conducted a presentation of the digital model which had been prepared for Crossroads. Dean Hall, President of the Vail Village Inn Phase III Homeowners Association, distributed a letter that indicated the Association would appreciate continued attention to the extreme height requested by the applicant. Ron Byrne, resident, requested that some attention be paid to all of the developers who had proposed developments upon this site prior to Peter Knobel. He stated that he was hopeful that approval could be given to the proposal as it stood today. Bob McNichols, the developer of One Willow Bridge Road, commented that many of the buyers of his project, which is nearly sold-out, were very interested in the expedient redevelopment of the Crossroads site. Ann Bishop, legal council representing Vail Village Inn Phase III, requested that the letter she distributed be made a part of the public record. She then stated that lawsuits had been threatened against those that opposed the project and expressed her concerns with this type of intimidation during the public process. Jim Lamont asked if there were any cross-sections of the building in the submitted package, to which Warren Campbell replied there were none required or provided. Mr. Lamont commented that the building should not be allowed to extend into the setbacks, thereby impeding the views of other developments and the development itself. He stated that the public art needed to be • available for public viewing as well as review by the AIPP Board. He commented that the project should be viewed in light of the surrounding properties, particularly in terms of height, and should Page 5 not necessarily be viewed in light of all of the tallest developments within the Town (Four Seasons, etc.). He commented that it was not unheard of for the Town to regulate space that • was allotted as public benefit (referring to the proposed bowling alley and theater). He felt that such regulation of the public benefit should be detailed within the Developer Improvement Agreement. He suggested that a consistent impact fee be assessed to new developments. The current affordable housing assessments were not working, he furthered. Mr. Lamont finished by saying that several statements had been made by the developer which could have been deemed intimidating. Rick Scalpello, resident, commented that the building in which he lives (9 Vail Road) is more impacted by development than perhaps any other building in Vail. He commented that condominium units have been deemed by the Northwest Council of Governments and other groups, as being necessitated by the larger economic driver of second homeowners than winter and summer guests combined. He stated that any future change desired by the ownership of the proposed project would require an amendment to the proposed SDD with Town Council and The Planning and Environmental Commission review and approval. He stated that it was hard to develop any area of the Town without blocking aview/view corridor of some sort. Kaye Ferry, from the Vail Chamber Business Association, responded that individuals who opposed the ,project have been making threats of referendums and litigation as well. She added that this proposal has been reduced in size from the previously approved project and therefore would expect this project to be approved. In stating her support for the project, she said she spoke on behalf of many of the business owners within the Town. Roberta Scheller, a resident of Vail Village Inn Plaza Phase III (northeast corner), commented that some of the comments made today about the views from her building were not true. No homeowner in the building has commented that the view corridor has been violated. However, the homeowners have agreed that the scale relationship of the two buildings will be violated if Crossroads is approved. Gwen Scalpello, resident of 9 Vail Road, acknowledged that the changes that had been made were a step in the right direction, though she thought that the bulk and mass was still excessive. She requested that the PEC take into strong consideration the scope of the DIA. She stated that the goal should be to please locals and guests alike with family entertainment. Dominic Mauriello commented that the Town Council was asked if it wanted the PEC's input on the DIA. The answer was negative. If the public areas were changed to other uses, those changes would be subject to Council and PEC review, as stated. Regarding the purchase of public art, it would be reviewed by the AIPP Board and then integrated into the Town. Anne Gunion asked what role the PEC had in regards to DIA requirements. Russ Forrest and Warren Campbell commented that the PEC had the right to request conditions of approval that were deemed pertinent to the project, which could then be reflected in the DIA. She then thanked the public for their comments and thanked the applicant for his response to the previous requests of the PEC. Anne commented that there was substantial positive impact that was created for the neighbors as a result of the building changes at the northwest and southwest corner, to bring the Crossroads proposal into a greater compatibility to neighboring properties in terms of height. She agreed that the mature trees should not be removed without an equivalent amount of replacement landscaping. She agreed with the conditions of approval suggested by Staff. . David Viele r;,ead a statement that he was disappointed in the staff recommendation regarding the approval'of this project. He commented that the Town Council, in refusing to approve the Page 6 previous proposal, set a legal precedent. He still vehemently opposed the bulk, mass, and treatment of the setbacks as proposed by the developer. He continued that the application • ignored every setback upon the site. The building lacked a respect for pedestrian-level development' There needed to be a clear definition of a public benefit, which should be defined as something Town-owned or regulated, which is provided by the developer. Chas Bernhardt agreed with Ms. Scalpello that the building was very large, but that he found the bulk and mass acceptable for several reasons. He said that the Council had previously declared that this was a special site needing special attention by the Town (because of the desire for a public plaza). Regarding applicable Master Plans, he believed that the project addressed such regulatory content. He stated that there should easily be enough funds to facilitate heating of Village Center Road, therefore, the pavers could continue. Bill Jewitt commented that the judicial (vs. legislative) nature of the Commission should be noticed. He agreed with the assumptions made by Staff, especially the assumption made regarding public benefit. He stated that the provision of a plaza was prompting the bulk and mass upon the rest of the site. There should be some thought of heating the Village Center Road to provide a heated exit from the movie theaters. He felt that the project had improved since fast spring. Rollie Kjesbo asked if the height of the proposed Crossroads had been calculated as height is calculated in the rest of Town, to which Warren Campbell responded yes. He felt that the site was appropriate for the amount of bulk and mass proposed. He agreed that Village Center Road should be heated. The DIA should be iron-clad, providing permanence of the public plaza. He asked that the additional parking spaces be treated as a public benefit instead of a parking club. The landscaping should remain part of the DIA as well. • George Lamb commented that the SDD process was the best process for reviewing the project. He agreed that the project was better than what had been submitted previously. He agreed with the comments made previously regarding the surplus parking and the DIA. He asked for further clarification regarding the money being set aside for public art. He thought that more attention should be paid regarding the provision of affordable housing. His biggest concern about the project regarded the height of the proposal, particularly the change in the height between the floor plates. He commented that this was not Lionshead and that the floor plate regulation didn't need to confgrm to those standards. Doug Cahill thanked the public for their input. He stated that it was the Commission's responsibility to evaluate the project based upon the regulations of the underlying zoning. He suggested that the Council and Staff proceed with the amendment to the underlying zoning. He said that he viewed the project as providing a lot of public benefit. He said that the PEC should be able to give the Council specific feedback regarding the content of the DIA. He thanked the Staff for their work and the applicant for his response to requested changes. He commented that the site does need redevelopment. Anne Gunion;, asked for clarification on the motions voted upon by Town Council. Warren replied that the Council never took action on the proposal other than tabling. It was eventually withdrawn by the applicant without an action of approval or denial. Malcolm Murray added that the application being voted upon today was a new application. • George Lamb asked that the developer if he would be willing to consult Council and AIPP regarding the public art project. Page 7 Warren commented that any proposals for art would be required to be reviewed by the AIPP • Board per the DIA which would be approved. Peter Knobel said that the money volunteered for art was going to be a part of the proposal. An art consultant had been hired to make the plaza the best possible space for meeting and energy. George Lamb stated for the record that his vote in opposition to this application was regarding the new floor plate dimension of 11 feet 6 inches. 5. A request for conditional use permits, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code to allow for, a major arcade; a theater, meeting rooms, and convention facilities; multiple- family dwellings and lodges; a private club (parking club); a bowling alley; and the outdoor operation of an accessory uses (ice skating rink) located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0094) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0 1. That the developer operates the rental program for the dwellings units in accordance with the pages 18-20 of the Crossroads Redevelopment: Applications for Special, Development District. Text Amendment. and Conditional Use Permit document dated December 12, 2005, and the approved Developer Improvement Agreement which will be agreed upon by Town Council and the developer. • 2. That the" Planning and Environmental Commission approval of the conditional use permits become valid upon approval of an ordinance creating Special Development District No. 39, Crossroads, on second reading by Town Council. 3. That the developer operates the parking club in accordance with the page 12 of the Crossroads Redevelopment: Applications for Special Development District, Text, Amendment, and Conditional Use Permit document dated December 12, 2005, and the approved Developer Improvement Agreement which will be agreed upon by Town Council and the developer. However, the developer shall not be permitted to individually condominimize the parking spaces to be sold fee-simple. Warren Campbell gave a presentation per the staff memorandum. Dominic Mauriello, representing the applicant, commented that the parking club should be allowed to remain a parking club, which would be part of the funding source for the building. The applicant hoped to sell the parking spaces to finance the project. He added that potentially 103 additional spaces would be freed up within the Town's parking structures. He compared the proposal to that which Vail Resorts accomplished at Lots P3&J. He commented that below grade structured parking was expensive to construct and developers would have no incentive to construct additional parking if it could not be sold. Warren Campbell commented that one stipulation of the P3&J project was that there be concentric rings of offering of the space to property owners in closer vicinity to the project prior to an open offering in order to have the greatest impact on the parking problems of the S neighborhood. Page 8 Bill Jewitt asked that whatever the result of the decision on the CUP for the parking club that his goal was that the parking spaces be used. • Peter Knobel commented that a leased space parking club was currently in place at Crossroads and he was using this to test different programs to maximize usage of the spaces. He said it was his intent to lease the parking spaces and run a managed garage. He stated that it was difficult to accommodate the needs of the residents and the retailers, but that it was the goal within the proposal to open up the spots for other users. It was the intent of the proposal to utilize all of the spaces 365 days per year. He added that banks looking to finance the project looked at the additional parking and found it hard to finance the project if the economic model did not include the ability to sell the additional parking spaces fee-simple. Bill Jewitt asked that if the spot was sold, how could the developer be assured that it be filled when not in use by the owner? Mr. Knobel guaranteed that it would be a use-by-right scenario, as it would be with a condominium unit. David Viele stated that if each spot was condominiumized, the spots would be more easily transferred. Mr. Knobel restated his intent. Rollie Kjesbo stated that he would like to see something similar to what was proposed at the Front Door project. He asked for the best utilization of those parking spots. • George Lamb commented that in Founder's (P3 & J) garage there are many days in which the parking is not utilized even during the high points of the seasons. It was agreed by the Commissioners that a conditional use permit could be granted for a parking garage as long as individual spaces were not transferable. The conditions suggested by staff were modified and an additional condition added. 6. A request for a final review of a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC05-0080) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Withdrawn George Ruther gave a presentation per the staff memorandum. Dominic Mauriello, representing the applicant gave a presentation. He discussed changes which have been made since the last time the Commission saw the application. The Commission generally felt the project had made some improvements. However, several members expressed concern about the apparent bulk and mass regardless of compliance with zoning requirements. For example, the building according to code is 48 feet tall, but assemblage of the bulk and mass gave the appearance is that it is over 70 feet tall. Another concern was the possible loss, of landscaping located in the ROW if CDOT wanted to remove it. Concern was • also expressed about the retaining walls at the rear of the structure. It was suggested by at least Page 9 one member that the eastern end of the structure be completely reworked. Additional cross- sections and jelevations are needed to properly evaluate the project. • Kevin Dieghan, addressed several concerns he heard. He reiterated that items such as retaining walls and height comply with code. Mr. Dieghan stated that it may not be as aesthetically pleasing but it does comply. George Ruher recommended withdrawing any further consideration of the current major exterior alteration application as the application lacked proper public notice due to the applicant's desire to rezone the development site. 7. A request for a recommendation to the Vail Town Council to review the Vail Land Use Plan map, pursuant to Chapter VIII, Section 3, Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan area, and setting forth details in regard thereto. (PEC05-0098) Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to February 13, 2006 MOTION: Bernhardt SECOND: Kjesbo VOTE: 7-0-0 8. An appeal of an administrative interpretation, pursuant to Section 12-3-3, Appeals, Vail Town Code, for clarifications to the provisions of Chapter 12-15, Gross Residential Floor Area, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to February 13, 2006 MOTION: Bernhardt SECOND: Kjesbo VOTE: 7-0-0 • 9. Approval of January 9, 2006 minutes MOTION: Viele SECOND: Jewitt recused) 10. Information Update 11. Adjournment~~ MOTION: Lamb SECOND: Jewitt VOTE: 6-0-1 (Gunion VOTE: 7-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published January 20, 2006, in the Vail Daily. • Page 10 r` ~ • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 23, 2006 SUBJECT: A request for a final review of an amended final plat, pursuant to Chapter 13- 12, Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to an existing platted building envelope, located at 1082 Riva Glen Road/Lot 3, Spraddle Creek Estates Subdivision, and setting forth details in regard thereto. (PEC05-0102) Applicant: 1082 Riva Glen Road LLC, represented by Resort Design Associates Planner: Elisabeth Eckel I. SUMMARY The applicant, 1082 Riva Glen Road LLC, represented by Resort Design Associates, • is requesting approval of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to an existing, platted building envelope located at 1082 Riva Glen Road/Lot3, Spraddle Creek Estates Subdivision. The proposed plat amendment involves reconfiguring the area of the platted building envelope for Lot 3, Spraddle Creek Estates. Staff is recommending approval, with conditions, of this application subject to the findings and criteria outlined in Sections VIII and IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant, 1082 Riva Glen Road LLC, represented by Resort Design Associates, is propasing to reconfigure the existing area of a platted building envelope within the Spraddle Creek Estates Subdivision in order to provide space for a proposed hot tub and patio, neither of which are currently allowed by the Spraddle Creek Estates plat to extend outside of the building envelope. The applicant is proposing to maintain the size of the originally platted building envelope, 7,698 square feet, which allows the proposal to proceed through the exemption plat procedure. The reason for this request stems from the following plat note, recorded at the time of the Spraddle Creek Estates Subdivision: "Construction of each lot will occur within the platted envelopes with the following exceptions: driveways, sidewalks, garages that meet the • requirements of the Vail Town Code, retaining walls, surface parking and grading as long as Town of Vail Design Review Board approval is received and the impact on topography and vegetation is minimal. " y It is Staff's idea that the proposed spa and patio initiating the amended final plat • request will not impact topography and vegetation. However, because neither are listed as an allowed encroachment outside of the platted building envelopes, Staff recommends that the Planning and Environmental Commission approves the request to reconfigure the area of the envelope to allow for the placement of the improvements within the new envelope. A vicinity map is attached depicting the subject property (Attachment A), as is a reduced copy of the proposed, reconfigured plat (Attachment B). III. BACKGROUND On April 13, 1993, the Vail Town Council approved the final plat for Spraddle Creek Estates, which included the creation of Lot 3 with 88,610 square feet. Upon that lot, a 14,824 square foot building envelope was platted to regulate the maximum buildable are of the site. Its concomitant Gross Residential Floor Area maximum of 8,548 square feet was also platted at this time. Following the initial final plat for Spraddle Creek Estates, the building envelope upon the plat was amended in October of 1995, maintaining the same square footage as it previously contained: 14,824 square feet. The property was unimproved at that point. Another plat amendment was requested and granted to the applicant in June of 1997 to reposition the building envelope to a more westerly location upon the site, again, while maintaining the same area. This plat amendment was requested in conjunction with the construction of the home in order to provide a better location for the residence . upon the site. IV. ROLES OF REVIEWING BOARDS Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval, approve with modifications, or disapprove the plat. Specifically the code states in Section 13-12-3C, Review and Action on Plat: The planning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the planning and environmental commission and the applicant. The criteria for reviewing the plat shall be as contained in section 73-3-4 of this title. Design Review Board: Action: The Design Review Board has NO 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 13-3-5C, Vail Town Code, which reads as follows: • 2 r' • Within ten (10) 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 Commission within seventeen (17) days of the Planning and Environmental Commission's action. If Council appeals the Planning and Environmental Commission's decision, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmental Commission hearing(s). The Council shall have thirty (30) days to affirm, reverse, or affirm with modifications the Planning and Environmental Commission decision, and the Council shall conduct the appeal at a regularly scheduled Council meeting. 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 DOCUMENTS TITLE 13, VAIL TOWN CODE: SUBDIVISION REGULATIONS (partial) 13-2-2 DEFINITIONS EXEMPTION PLAT.• The platting of a portion of land or property that does not fall within the definition of a "subdivision'; as contained in this section. 13-12 EXEMPTION PLAT REVIEW PROCEDURES 13-12-1: PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the planning and environmental commission may grant exemptions from the definition of the term "subdivision" for properties that are determined to fall outside the purpose, purview and intent of chapters 3 and 4 of this title. This process is intended to allow for the platting of property where no additional parcels are created and conformance with applicable provisions of this code has been demonstrated. 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption Plats", as defined in section 13-2-2 of this title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required to submit an environmental impact report if required by • title 12, chapter 12 of this code. .~ 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: The procedure for an exemption plat review shall be as follows: A. Submission Of Proposal; Waiver Of Requirements: The applicant shall submit two (2) copies of the proposal following the requirements for a final plat in subsection 13- 3-68 of this title, with the provision that certain of these requirements may be waived by the administrator and/or the planning and environmental commission if determined not applicable to the project. B. Public Hearing: The administrator will schedule a public hearing before the planning and environmental commission and follow notification requirements for adjacent property owners and public notice for the hearing as found in subsection 13-3-6B1 of this title. C. Review And Action On Plat: The planning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the planning and environmental commission and the applicant. The criteria for reviewing the plat shall be as contained in section 13-3-4 of this title. • D. Appeal: An appeal of the planning and environmental commission's decision by the town council, the applicant, or an "aggrieved or adversely affected person" shall • follow the procedures outlined in subsection 13-3-5C of this title. 13-12-4: FILING AND RECORDING: The department of community development will record the plat and any related documents with the Eagle County clerk and recorder; however, no plat shall be recorded unless prior to the time of recording, the applicant provides the town with a certification from the Eagle County treasurer's office indicating that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. The department of community development will retain one mylar copy of the plat for their records. An exemption plat may not be recorded until applicable appeals periods have expired in accordance with the provisions of subsection 13-3- 5C of this title. VI. SURROUNDING LAND USES AND ZONING Land Use Zonino North: Open Space Unincorporated Eagle County East: Open Space Unincorporated Eagle County West: Open Space Agricultural and Open Space (A) South: Open Space Agricultural and Open Space (A) • 4 R • VII. SITE ANALYSIS Development Standard Allowed Proposed Lot Area 88,619 sq. ft. No change Site Coverage 7,698 sq. ft. No change Building Envelope 14,824 sq. ft. No change Maximum GRFA 8,548 sq. ft. No change VIII. APPLICATION CRITERIA AND FINDINGS Exemption Plat (Defers to Section 13-3-4, which is as follows): "The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 73-3-3C above. The Planning and Environmental • Commission shall 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': Staff believes that the purpose of the exemption plat process, as outlined above, is to establish criteria and an appropriate review process whereby the Planning and Environmental Commission may grant exemptions from the definition of the term "subdivision" for properties that are determined to fall outside the purpose of previous, more detailed chapters of the code. The applicant has complied with the necessary submittal requirements and has proven that no negative impacts to the property will result from the proposed building envelope reconfiguration. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, an amended final plat pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to an existing platted building envelope located at 1082 Riva Glen Road/Lot3, Spraddle Creek Estates Subdivision, subject to the following conditions: • 1. The amended final plat submitted to the Town for recording shall include a graphic scale and the total area, in square feet, of the new building envelope of an equivalent size approved by this reconfiguration. Staff's recommendation is based upon the review of the criteria outlined in Section • VIII of this memorandum and the evidence and testimony presented, subject to the following finding: The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 73-3-3C above. The Planning and Environmental Commission shall 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. X. ATTACHMENTS A. Vicinity Map B. Copy of the proposed Spraddle Creek Estates plat • • m !~ s Q r(ooroarmlr•xrnn~ JAII2I~~NIJl1~ 7IAI~ ?8 `IV2If3,L~t12LLS _ 0 1 ~8 31b'01 i0l-BZf (OG6) 'xva '9909-9LC (OL8) ~3NOHd _ 73 04' 4 '~ T ~ I i 'Mora 'oaap ••3,a saaemn(o sea( soi xoe o d ~NIIddt~Ni ~IdLI3A2II15 QNV'I. 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C n £xu~$ e o ~.$ Ecam o µy~ 91»G ar_-3mm~>. p.om cc 33 ~~ •S~ o 41 c 33 m <°_ L$ xr. oa.°o ~S ~~~~u`o `o aaom3~n ~S o m F o'1 ~ hod i '3 z° ~ m {= y v L ~vd ~ . 7E $ ° z ~~'3~'~>°or°-.c°.r~`o:«° a /°-~°- F°w°d ~ t°-k°- T ° Y~°''E F~~~ O Z~V • • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: ~ January 23, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12- 76-7, Major Exterior Alterations or Modifications, Vail Town Code; to aNow for the expansion of retail and restaurant space (Sweet Basil and Emata) and the modification of an existing outdoor dining deck, located at 193 Gore Creek Drive/Lot 5B, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building) and setting forth details in regard thereto (PEC05-0097). Applicant: Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects Planner: Elisabeth Eckel I. SUMMARY The applicant, the Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects, is requesting approval of a major exterior alteration, pursuant to • Section 12-78-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of retail and restaurant space (Sweet Basil and Emata) and the modification of an existing outdoor dining deck, located at 193 Gore Creek Drive/Lot 56, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building). " Based upon Staff's review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of the major exterior alteration and modification of an existing outdoor dining deck subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant is requesting approval of an exterior alteration to allow for the addition of approximately 1,000 square feet of commercial floor area and restaurant space; the addition of an elevator to provide access to the first and top floors of the building; and a residential deck addition at the penthouse level, all within the Gore Creek Plaza Building. Also being requested as part of this application is the modification of the configuration of the existing outdoor dining deck at Sweet Basil, which was originally approved through a conditional use permit request granted by the Planning and Environmental Commission in 1992. At the ground floor, the applicant is proposing to increase the size of the existing retail space at Emata (formerly John Galt) by 364 square feet. Concurrently, the applicant is • proposing to enclose a portion of the outdoor dining deck at Sweet Basil restaurant, thereby expanding the restaurant by 366 square feet. As a part of that expansion, Sweet Basil has proposed to reconfigure the deck and planter area outside of the restaurant, eighty (80) square feet of which is located within the Town's right-of-way. On December 20, 2005, the applicant received permission from the Vail Town Council to proceed through the development review process to modify the configuration of the deck for • review by the Planning and Environmental Commission (PEC) and Design Review Board (DRB). The deck exists through a lease agreement which was drafted between the Town of Vail and the Gore Creek Plaza Building in1998. The lease must be revised as a condition of approval for this application. At the second story, the applicant is proposing to add116 square feet of commercial floor area to the Sweet Basil kitchen, lending more spatial flexibility to the employees of the restaurant. Finally, the proposal involves the addition of a new deck at the penthouse level for the top floor homeowner and the replacement of the windows and doors throughout the building. Though these aspects of the application do not require the review of the Planning and Environmental Commission as they are not affecting the overall interior square footage that are a part of the major exterior alteration, their inclusion in this application has been deemed necessary for the sake of clarification. The proposal also encompasses the addition of an elevator, which will provide access to (stops at) the ground (first) floor and the Penthouse floor and will result in the addition of thirty four (34) square feet of floor area at -every level. The elevator will prompt the construction of en elevator "tower" element at the south facade. It should be noted that none of the proposed square footage will extend beyond the existing building envelope due to the location of an underground parking garage, which extends directly along the property line at Gore Creek Drive. Therefore, the amount of site coverage existing on the lot will not be exceeded by the approval of this application. A detailed description of the applicant's request, the proposed architectural plans, and • the proposed rendering and photos of the existing site have been attached for reference (see Attachments A, B, C and D). A vicinity map has been provided as well (Attachment E). III. BACKGROUND The Gore Creek Plaza Building was originally constructed in 1962, prior to the Town of Vail's adoption of zoning regulations. The building is currently zoned Commercial Core 1 and has requested and received one variance in the 1990s for the addition of approximately sixty (60) square feet of site coverage to build a dumpster enclosure. The Building is currently non-conforming in regard to several aspects of the applicable building and fire codes. Multiple meetings have been held between Town Staff and the property ownership to determine the appropriate conditions of approval will provide increased conformance of this building with the requirements of each Department. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, variance applications and exterior alteration or modification applications will be reviewed by the Planning and Environmental Commission, and then any accompanying design review application will be reviewed by the Design Review Board. . Planning and Environmental Commission: • The Planning and Environmentai Commission is responsible for final approval, approval with modifications, or denial of a variance application, in accordance with Chapter 12-17, Variances, Vail Town Code; and a major exterior alteration or modification application, in accordance with Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code. 2 • Design Review Board: The Design Review Board has no review authority over a variance application or major exterior alteration or modification application. However, the Design Review Board is responsible for the final approval,, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission andlor Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the • review of this proposal: TITLE 12: ZONING REGULATIONS Article 12-78: Commercial Core 1 (CC1) District (in part) 12-7B-1: Purpose: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges ,and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12-78-7: Exterior Alterations and Modifications: (in part) A-6. Compliance With Comprehensive Applicable Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission that the proposed • exterior alteration is in compliance with the purposes of the CC1 district as specified in section 12-78-1 of this article; that the proposal is consistent with applicable elements of the Vail village master plan, the town of Vail streetscape master plan, and the Vail Comprehensive plan; and that the proposal does not otherwise negatively alter the character of the neighborhood. Further, that the proposal substantially complies with • the Vail village urban design guide plan and the Vail village design considerations, to include, but not be limited to, the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; and that the proposal substantially complies with all other elements of the Vail comprehensive plan. VAIL VILLAGE URBAN DESIGN GUIDE PLAN fin Dart) Urban Design Considerations (in part) Sub-Area Concepts (Gore Creek Drive/Bridge Street) ^ Commercial Expansion (ground floor) not to exceed ten feet in depth, possible arcade. ^ Limited Building Expansion/Improvements: Increase facade transparency on south side to strengthen pedestrian activity, with entry to street. Potential expansion may be considered on south end of building to improve street enclosure proportions but must respect designated Hill street -Gore Range view corridors. Potential second level open balcony deck (sun pocket) to restore activity to street lost from ground floor terrace. ^ Fagade improvements. Eyesores removed, increased fagade transparency, entries simplified and oriented to intersection. • ^ Pedestrian walkway defined (by paving, planters, lighting, benches, etc.) to avoid traffic conflicts and unify diverse, disconnected building facades. Increased attraction to reinforce lodge arcade, west end of Core Area. ^ Commercial expansion -one story to provide active facade to pedestrian street, help reinforce connection of Gore Creek Drive fo Willow Bridge Road. Vail Village Design Considerations (in part) A. Pedestrianization All new or expansion construction should anticipate the appropriate level of pedestrianization adjacent to the site. A major objective for Vail Village is to encourage pedestrian circulation through an interconnected network of safe, p/easanf pedestrian ways. Many of the improvements recognized in the Urban Design Guide Plans and accompanying Design Considerations are to reinforce and expand the quality to pedestrian walkways throughout the Village. C. Streefscape Framework To improve the qualify of the walking experience and glue continuity to the pedestrian ways, as a continuous system, two general types of improvements adjacent to the walkways are considered: • 1. Open space and landscaping -berms, grass, flowers and soft tree plangent as a soft, colorful framework linkage along pedestrian routes; and plazas and park green spaces as open nodes and focal point along those routes. 4 r~ U 7. Open space and landscaping -berms, grass, flowers and soft tree plangent as a soft, colorful framework linkage along pedestrian routes; and plazas and park green spaces as open nodes and focal point along those routes. 2. lnfill commercial storefronts - expansion of existing building, or new infrll development to create commercial activity generators to give street life and visual interest, as attractions at key locations along pedestrian routes. D. Street Enclosure Very general rules, about the perception of exterior spaces have been developed (empirically) by designers, based on the characteristics of human vision: They suggest that an external enclosure is most comfortable where its walls are approximately % as high as the width of the space enclosed; ^ if the ration falls to '4 or less, the space seems unenclosed; ^ if the height is greater Phan the width, it comes to resemble a canyon ' °,::. r - _ ~ .. ~, r ' ~ ^' u. • ~ - ;; r _ ~- . x ~~ f Z - •`iX ~a . ~X ~ ,f~2'~I ~, ~'I Canopies, awnings, arcade and building extensions can all create a pedestrian focus and divert attention from upper building heights and "canyon" effects. r ~-. 61d~' - ~ ..... •~~ ~ bids. i ~c~µsic~7~ ~pPer b( g ~ 3 • ~~a ~( -~ ~~~~ .errP-,~ry ~zf cnyicn 81~ + Lano~,~~• . t_ :_ . 5 E. Street Edge Unlike many American towns there are no standard setback requirements for buildings in Vail Village. Consistent with the desire for intimate pedestrian scale, placement of portions of a building at or near the property line is allowed and encouraged to give strong definition to the pedestrian streets. Where buildings jog to create activity pockets, the street edge: • Low planter walls • Tree planting • Arcades ^ Raised decks ^ Raised sidewalks ^ Texture changes in ground surface other elements can be used to continue Facades TransAarencv:Pedestrian scale is created in many ways, but a major factor is the openness, attractiveness, and generally public character of the ground floor facade of adjacent building. Transparent store fronts are "people attracfors'; opaque of solid walls are more private, imply "do not approach': On pedestrian-oriented streets such as in the Village, ground floor commercial facades are proportionately more transparent than upper floors. Upper floors are typically more residential, private and thus less open. Decks and Patios: Dining decks and patios, when property designed and sited, bring people to the streets, opportunities to look and be looked at, and generally contribute to the liveliness of a busy street - making a richer pedestrian experience than if those streets were empty . b~l~~nY nr b~, ~ vp-han~ '~ .~ Bh~I~=E bpd~e ~ . . • U>nu~'~Ifa ~r ~f~,~r ~f e~ri~ti~ -C''vr c~GOt' di~~ ~G31~ • l.~nd~~o.pe er~:r~~~~e ~. ~treef ~~f{a~ . ,_~ ~ o r ,, ciinin ~~r_": • ~ ~ '9 ~ ~~~ I~~i~ i 1^' ~ v y ~ •1 ' 0 . ~ ~1 0 ~ ~7~ _~ ~ ~ ~~; _ 1G ~f ~ I : fF. 6 ~. • C7 VAIL VILLAGE MASTER PLAN (in oartl V. Goals, Objectives, Policies and Action Steps Goal #1: Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identify. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. • • VI. SITE ANALYSIS Address: 193 Gore Creek Drive (Gore Creek Plaza Building) Legal Description: Part of Lot 56, Block B, Vail Village 1ST Filing Zoning: Commercial Core 1 (CC1) Land Use Plan Designation: Village Master Plan Current Land Use: Mixed Use Standard Allowed/Required Existing Proposed Lot Area: .173 acres (7,535 sq. ft.) no change no change Setbacks: Per Vail Village Urban Design Guide Plan no change Height: Per Vail Village Urban Design Guide Plan no change Density (max): 4.325 dwelling units no change no change GRFA (max): 6,028 square feet no change no change Landscaping: Per Vail Village Urban Design Guide Plan (specifying no net loss) Parking: Parking requirements are no longer assessed within the CC1 zone district Site Coverage: 6,043 sq. ft. (80%) 6,084 sq. ft. (80.6%) no change VII. SURROUNDING LAND USES AND ZONING, North: South: East: West: VIII. CRITE Land Use Mixed Use Mixed Use Mixed Use Mixed Use RIA AND FINDINGS Zoning Commercial Core I Commercial Core I Commercial Core I Commercial Core I The review criteria for a major exterior alteration are established by Chapter 12-7, Vail Town Code. 7 A. Consideration of Factors Regarding Maior Exterior Alteration or Modification: • The review criteria for a request of this nature, which includes additions of greater than 100 square feet of floor area, are established by the Vail Town Code. The emphasis of this review is on the proposal's compatibility with the zoning code, the Town of Vail Streetscape Master Plan, the Vail Village Urban Design Guide Plan, the Vail Village Design Considerations and the Vail Comprehensive Plan. 1. Compliance with the Town of Vail Zoning Code. Staff believes this proposal is consistent with the purpose of the Commercial Core 1 district as outlined in Section 12-76-1, Vail Town Code, as follows: "To provide sites and maintain the unique character of the Vai! Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 Zone District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The district regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings • fronting on pedestrian ways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village." Staff believes the consistency of this proposal with the above criteria stems from the applicant's ability to maintain a predominantly pedestrian environment despite the expansion of retail and restaurant space. The applicant's proposal will ensure light and air through the transparency of the facade and will not disrupt the building scale that defines the Village. 2. Compliance with the Vail Village Urban Design Guide Plan. Staff believes this proposal is consistent with. the "Gore Creek Drive/Bridge Street Sub-Area" objectives outlined in the Vail Village Urban Design Guide Plan, which states commercial expansions should be allowed at the ground floor as long as facade transparency and the pedestrian experience are maintained or enhanced. 3. Compliance with the Urban Design Considerations for Vail Village and the Exterior Alteration Criteria. 1. Urban design considerations (in part) a. Pedestrianization • By providing additional enclosure at the first floor level, the , applicant is ensuring the pedestrian experience is enhanced through eye-level improvements. 8 • b. Streetscape framework The proposal improves the quality of the walking experience by providing some landscaping within the .planter and by creating new commercial activity to give "street life and visual interest". c. Street enclosure The proposal ensures a "comfortable" enclosure for the street in that it is only one story in height in most areas and does not cause the pedestrian to experience the "canyon effect". d. Street Edge The continuation of the low planter walls, the use of tree plantings, and the use of a raised deck, encompass three of the aspects of street edge which the Plan identifies as successful. e. Views • The height of the building expansions proposed by the applicant will not affect the views experienced by the pedestrian within the Village. 2. Architectural/Landscape considerations a. Roofs The proposal under consideration utilizes low-slope roof forms, which are specified in the criteria of the Plan. b. Facades The proposal under consideration particularly at the south and east sic enclosure, which is detailed by the Plan experience for the pedestrian. The proposed for the Emata space is outlined attractor". c. Balconies utilizes transparency, le of the Sweet Basil as essential to a quality transparent storefront in the Plan as a "people The balcony proposed at the penthouse level of the building will lend "scale to the building" and will "add(s) variety to the building forms", both of which are criteria listed in the Plan. n LJ d. Decks and Patios The deck proposed by the applicant will likely continue to be successful due to its position in the sunlight from 11 a.m. to 3 p.m. and its elevation above the sidewalk to provide better separation between the pedestrian and the diner. 9 e. Accent elements The umbrellas over the tables on the Sweet Basil patio will continue to be used, and are "encouraged" within the Village by the Plan. f. Landscape elements The landscaping elements proposed by the applicant will continue to enhance the street edge at the exterior of the Gore Creek Plaza Building. 4. 5. Compliance with the Town of Vail Streetscape Master Plan. The applicant has met with the Town of Vail Public Works Department to review and verify that the proposed grades will comply with the proposed Streetscape Master Plan to be completed in this area by June of 2006. Compliance with the Vail Comprehensive Plan. VAIL VILLAGE MASTER PLAN The Vail Village Master Plan has been adopted as an element of the Vail Comprehensive Plan. The Vail Village Master Plan is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goats for public improvements. Most importantly, the Vail Village Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. For the citizens and guests of Vail, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. Upon review of the Vail Village Master Plan, the staff believes the following goals, objectives and policies are relevant to the applicant's request: Goal #1: Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Staff believes this proposal is consistent with the above listed goal, objective, and policy in that it continues the high quality level of development already in existence along Gore Creek Drive. Additionally, the Building is somewhat of a landmark building within the Village, as one • • • 10 • of the first buildings constructed within the Village in the 1960's. It's upgrade and redevelopment is necessary and complementary to the existing "unique architectural scale of the Village': Additionally, the applicant has proven compliance with the Comprehensive Plans, as required within the Public Accommodation District and as detailed in Section V of this memorandum (Section 12-78- 7). B. The Plannina and Environmental Commission shall make the followina findinas before arantina approval of an exterior alteration or modification: That the proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in section 12-7B-1 of this article; that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Town of Vail Streetscape Master Plan, and the Vail Comprehensive Plan; and that the proposal does not negatively alter the character of the neighborhood. Further, that the proposal complies with the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations, including the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; and that the proposal complies with all other elements of the Vail Comprehensive Plan. IX. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of a major exterior alteration, pursuant to Section 12-76-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of retail and restaurant space (Sweet Basil and Emata) and the modification of an existing outdoor dining deck, located at 193 Gore Creek Drive/Lot 5B, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building) and setting forth details in regard thereto. This recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the applicant's request of a major exterior alteration, pursuant to Section 12-78-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of retail and restaurant space (Sweet Basil and Emata) and the modification of an existing outdoor dining deck, located at 193 Gore Creek Drive/Lot 58, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building) and setting forth details in regard thereto, subject to the following conditions: 1. This approval shall be contingent upon the applicant receiving Town of • Vai! approval of the design review application associated with this major exterior alteration request. 11 2. Prior to building permit submittal, the applicant shall submit plans to i the Community Development Department reflecting the extension to the ground of the exterior shaft located at the east side of the building. 3. Prior to the issuance of a Temporary Certificate of Occupancy by the Community Development Department for the scope of work related to this proposal (PEC050097), the building shall fully comply with the Fire Department's requirements for a sprinkler system. 4. Prior to the issuance of a Temporary Certificate of Occupancy for the scope of work related to the referenced project, the applicant shall gain approval by the Town's Building and Fire Departments of plans which depict full compliance of both rear (north) spiral staircases and a related timeline for the proposed construction and completion of that work. 5. Prior to the issuance of a Temporary Certificate of Occupancy, the applicant shall provide the Community Development Department with a copy of the renewed lease agreement entered into with the Town of Vail to reflect the reconfiguration of the patio and planter located upon the Town of Vail's property. Should the Planning and Environmental Commission choose to approve this major exterior alteration or modification request, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental ,Commission finds that the proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in section 12-7B-1 of the Zoning Regulations; that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Town of Vai! Streetscape Master Plan, and the Vail Comprehensive Plan; and that the proposal does not otherwise negatively alter the character of the neighborhood. Further, that the proposal substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations, to include, but not be limited to, the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; and that the proposal substantially complies with all other elements of the Vail Comprehensive Plan." X. ATTACHMENTS A. Applicant's Request B. Architectural Plans C. Digital rendering D. Photos of the Site E. Vicinity Map 12 Attachment A FRITZLEN PIERCE ARCHITECTS • VAIL, COLORADO PEC Application - Maior Exterior Alteration Gore Creek Plaza Building ~ Submitted: January 13, 2006 PEC Meeting -January 23, 2005 NARRATIVE Description: ^ Expansion existing retail space on the West side of the South facade (Errata) ^ Expansion of restaurant on East side of South facade (Sweet Basil) ^ Covered building entry ^ Addition of Elevator (2 stops -Ground Floor & Penthouse) ^ Replacement of existing Penthouse roof over the east portion of the south facade with a deck ^ Replacement of windows on the 2"a Floor on the western portion of the North facade Compliance with Vail Village Design Considerations: • 1. Expansion of the facades toward the south favorably conforms with the Pedestrianization section and Street Enclosure section of the Urban Design Considerations by reducing the apparent "width of the street". 2. The Streetscape Framework section of the Urban Design Considerations is satisfied by the "expansion of existing buildings....to give street life and visual interest". 3. The proposal also enhances compliance with the "Street Edge" section of the Urban Design Considerations. 4. The addition also reduces the height of the building in conformance with the "Building Height" section of the Urban Design Considerations. 5. The proposed dining patio generally complies with the "Decks and Patios" section of the Urban Design Considerations. Prouosed Square Footase Breakdown Garage: n/a Ground Floor Plan: 764 Sq. Ft • ~t•veet Basil -:3t,;h Sq. F4. ^ Crnata - 3114 5q. ft. • Elert-ator - 34 Sc{. Ft: 2"d Floor Plan: 150 Sq. Ft. • Stvc:~e~t Cfasr! - 19b yy. ft. ^ f.let-ator - 34 Sc{. ft 3`d Floor Plan: 34 Sq. Ft. Penthouse Floor Plan: 46 Sq. 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L , s e j Yt~~ ~ a~ ;T 17 fl l' ~4 IRt C _ f (~ -• ~f ~1 ~ j ~ fit. ~ ~ `` ~ ~ , ~ ~ • ' n y'~A>` P~. ._. , .1 r r,Y ~j ~ ~,Zr Dti `r' MEMORANDUM • TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 23, 2006 SUBJECT: A request for a recommendation to the Vail Town Council of proposed text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-2-2, Definitions, Vail Town Code, to define a bowling alley and a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for a bowling alley as a conditional use in the Commercial Service Center zone district; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0095) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicant, Crossroads East One, LLC and Crossroads West, LLC, represented by Mauriello Planning Group, LLC, is requesting a recommendation of approval of text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code to Section 12-2-2. • Definitions, Vail Town Code, to define a bowling alley and a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for a bowling alley as a conditional use in the Commercial Service Center zone district; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1 Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval of the applicant's text amendment requests. A complete summary of Staff's review is provided in Section VI of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, is requesting a recommendation of approval of two text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code. The proposed amendments are as follows and depicted in bold underlined italics: CHAPTER 2 Definitions 12-2-2 DEFINITIONS OF WORDS AND TERMS BOWLING ALLEY: A recreation and entertainmenf facility where the saort ofbowlina takes glace. A bowling alley may also includes accessory entertainment facilities and • uses such as eating and drinking facilities, refail shoes, night clubs. arcade facilities, 4 i j 1 billiards. aina Qona. darts, meeting rooms, and similar uses. • CHAPTER 7 Commercial and Business Districts Article E. Commercial Service Center (CSC) District (in part) 12-7E-4: Conditional Uses: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfast as further regulated by section 12-14-18 of this title. Bowling alley Brew pubs. Child daycare center. Commercial laundry and cleaning services. Dog kennel. Major arcade. Multiple-family dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Type III employee housing units (EHU) as provided in chapter 13 of this title. III. ROLES OF REVIEWING BOARDS Order of Review: Generally, text amendment. applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, • i determination, or interpretation by the Planning and Environmental Commission and/or • Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. IV. APPLICABLE PLANNING DOCUMENTS Vail Villaae Master Plan (in part) Specific Sub- Area Details found in the Vail Village Master Plan Mixed Use Sub Area (#1) The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger scale buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. • There is a great deal of potential for improvements to both public and private facilities in the area. Among These is the opportunity to develop gateway entries to the Village at the 4-way stop and of The intersection of Vail Road and Meadow Drive. It is also a long term goal to strengthen the connection between this area and the Village core area byreinforcing the established pedestrian linkages. Pedestrianization in this area may benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final phase of the Vail Village Inn project. In addition, commercial and residential/lodging development potential is identified in sub-area concepts 3, 4, 6, and 8. The completion of these projects will essentially leave the sub-area "built out" #1-6 Crossroads Infill Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration of infill maybe done a number of ways, it is the overall intent to replace existing surface parking with pedestrian corridors into a commercial area, as well as to provide a strong building edge on Meadow Drive and streetscape improvements. Improvements of the planted buffer adjacent to the Frontage Road is also important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged fo reduce traffic on Meadow Drive. • Potential to improve fire access also exists in the redevelopment scheme. Special emphasis of 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. • Goal #2: To foster a strong tourist industry and promote year-around economic health and viability for fhe Village and for the community as a whole. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. Policy 2.4.2: Activity that provides night life and evening entertainment for both the guest and the community shall be encouraged. V. REVIEW CRITERIA Consideration of Factors Reaardino Text Amendments Before acting on an application for an amendment to the regulations prescribed in this title, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested text amendments: 1. The extent to which the text amendments further the general and specific purposes of the zoning regulations; and The proposal to add "bowling alley" as a definition within Section 12-2, Definitions, Vail Town Code, and as a conditional use within the Commercial Service Center zone district furthers the general and specific purposes of the zoning regulations by providing a restricted opportunity to introduce a land use which, when appropriate, makes Vail a more vibrant location for visitors and guests. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff believes that the proposed text amendments to Section 12-2, Definitions, and Section 12-7E-4, Conditional Uses, Vail Town Code, will further the goals and objectives outlined in the Vail Comprehensive Plan, specitfcally Goal #2 of the Vail Village Master Plan and its associated Objectives and Policies, which are found in Section IV of this memorandum. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The proposed amendments demonstrate that the code has many uses which are not defined • 4 1~ nor identified as being permitted or conditional uses. Staff believes that a bowling alley is a • use which is becoming more popular and one in which makes Vail a more year-round, active place for locals and tourists. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendments to the Code allow the proposed development to include a land use which could bring year round activity to the Village which will be a draw for both locals and visitors. The addition of "bowling alley" as a conditional use will allow applicants to propose the use as part of a coordinated mixed-use development which will relate more harmoniously with adjacent properties and land uses. Staff believes that the proposed text amendments give the Planning and Environmental Commission the control necessary to regulate a use which could potentially be negative if not properly regulated. 5. Such other factors and criteria the commission and/or council deem applicable to the proposed text amendment. Before recommending and/or granting an approval of an application for a text amendment, the Planning and Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: (1) That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive • plan and is compatible with the development objectives of the town; and (2) That the amendments further the general and specific purposes of the zoning regulations; and (3) That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VI. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval of the text amendments to Town Council based upon the criteria in Section VI of this memorandum and the findings below. Should the Planning and Environmental Commission choose to approve the applicant's request, staff recommends that the following findings be made as part of a motion: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendments further the general and specific purposes of the zoning • regulations; and 5 3. That the amendments promote the health, safety, morals, and general welfare of the • town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VII. ATTACHMENTS A. Public Notification C i' ~~ ,~~~~,~~ ~ THIS ITEM M PUBL C NOTIO~R PROPERTY NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on January 9, 2006, 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 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck and patio within the side and rear setback, located at 324 Beaver Dam~Road/Lot 19, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0092) Applicant: Peter Kalkus Planner: Bill Gibson An appeal of an administrative interpretation, pursuant to Section 12-3-3, Appeals, Vail Town Code, for clarifications to the provisions of Chapter 12-15, Gross Residential Floor Area, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson A request for a recommendation to the Vail Town Council on a proposal to establish eci l Devel ment Arti 12 9 S t t l A S i l D 39 l t Di t i N ,'~~' ~ ~' c e - ( p a op , pursuan o ), pec eve o. a opmen s r ct p,~, o District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use rn ~ development; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing t T 1, and setting forth details in regard thereto. (PEC05-0093) r' Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell A request for conditional use permits, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code to allow for, a major arcade; a theater, meeting rooms, and convention facilities; multiple-family dwellings and lodges; a private club (parking club); a bowling ~ alley; and the outdoor operation of an accessory uses (ice skating rink) located at 141 ~ and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0094) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell A request for text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code to Section 12-2-2, Definitions, Vail Town Code, to define a bowling alley and a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for a bowling alley as a conditional use in the Commercial Service Center zone '" < district; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and ~ ~ setting forth details in regard thereto. (PEC05-0095) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell Attachment: A • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 23, 2006 SUBJECT: A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; located at 141 and 143 Meadow Drive/Lot P, Black 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0093) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicant, Crossroads East One, LLC, and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, is requesting a recommendation from the Planning and Environmental Commission to the Vail Town Council regarding a development application to establish Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department is recommending the Planning and Environmental Commission forwards a recommendation of approval, with conditions of the applicant's request to establish Special development District (SDD) No. 39, Crossroads, to the Vail Town Council. A complete summary of our review is provided in Section VIII of this memorandum. DESCRIPTION OF THE REQUEST The applicant, Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, is requesting a recommendation from the Town of Vail Planning and Environmental Commission to the Vail Town Council of a development application to establish Special Development District No. 39, Crossroads, to allow for the redevelopment of the Crossroads site. The establishment of Special Development District No. 39, Crossroads, is intended to facilitate the redevelopment of the existing Crossroads, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. A vicinity map has been attached for reference (Attachment A). The applicant is proposing to remove the existing improvements on the site and construct a new structure and public plaza. According to the Official Town of Vail Zoning Map, the proposed development site is located in the Commercial Service Center • (CSC) zone district. As such, development on the site shall be governed by the regulations outlined in Article 7E, Commercial Service Center (CSC) District, Title 12, Zoning • Regulations, Vail Town Code. The key elements of the proposal and changes made since the Commission last saw the proposal on April 25, 2005, include: • ~ A reduction in the number of dwelling units from 75 to 69 and the incorporation of five (5) lock-offs. A proposed deviation from the allowable number of dwelling units (47) which is 22 dwelling units greater; • Proposed $1.1 Million in public art; • A reduction in the proposed Gross Residential Floor Area (GRFA) from 210,054 square feet to 199,830 square feet. A proposed deviation from the allowable amount of GRFA (46,051 sq. ft.) which is 153,779 sq. ft. greater; • A reduction in the proposed building height on portions of the east and westwings of the building. At its peak in the center of the structure the height remains 99.9 feet; • Provision for employee six (6) employee beds located off-site to accommodate the net increase in employees generated by this redevelopment; • The project has retained the elimination of setback encroachments above grade along the west property line except for the one-story portion of the building containing the enclosed loading and delivery facility. In addition, the structure in the southwest corner of the site has been pulled back from East Meadow Drive a distance ranging between 12 to 14 feet • The project has retained the elimination of all subterranean encroachments into the Village Center Road and East Meadow Drive right-of-ways and the removal of subterranean improvements within a minimum of 10 feet of the west property line to • preserve existing trees on the adjacent site to the west; • The establishment of the extension of the Town of Vail Streetscape Master Plan by creating a plan and installing streetscape improvements for the intersections of Meadow Drive and Village Center Road and Meadow Drive and W illow Bridge Road and the South Frontage Road; • 338 subsurface parking spaces (103 in excess of Town Code); • A 3-screen movie theater with stadium seating accessed at the pedestrian level of the proposed public plaza; • A 10-lane bowling alley and sports bar/night club/family arcade accessed at the pedestrian level of the proposed public plaza ; • An outdoor ice skating rink measuring approximately 7,000 square feet for public skating in winter/water-recreation feature (pop jet fountain) in the spring and summer months; • A public plaza of 24,130 square feet at the intersection of Willow Bridge Road and Meadow Drive (Approximately 40,000 sq, ft. including East Meadow Drive and Willow Bridge Road public right-of-ways) for public gatherings and events; • Public restrooms at the pedestrian level and within the lower level of the parking garage; • 58,804 square feet of new retail and restaurant space at the pedestrian level and one floor above surrounding the public plaza; • Establishment of an enclosed 5 berth loading and delivery facility with access from the South Frontage Road which will be made available for public use; • The retention of a roof feature which wraps around the loading and delivery bay on the northwest corner. The retention of an awning on the west elevation over the • pedestrian access proposed to connect the public plaza and Vail Village Inn Phase III. A reduced copy of the floor plans and elevations have been attached for reference (Attachment B). A copy of the text detailing the application entitled Crossroads Redevelopment: Applications for Special Development District. Text Amendments. and Conditional Use Permit dated December 12, 2005, is attached for reference (Attachment C). A copy of the Environmental Impact Report for Crossroads Redevelopment: Special Development District and Conditional Use Permit Applications dated December 2005, is attached for reference (Attachment D). Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant is requesting deviations from the prescribed development standards for building height, density (number of units), Gross Residential Floor Area (GRFA), additional bulk and mass in required setbacks, and site coverage. III. BACKGROUND • This property was annexed into the Town of Vail by Court order on August 26, 1966, as a part of the Original Town of Vail. • The existing Crossroads was developed in the 1970's as a mixed use development which has changed little since. • The Crossroads property is one of three properties zoned Commercial Service Center. The other two properties are the Gateway Building and the WestStar Bank Building, both of which are Special Development Districts. • On January 3, 2006, Staff went before the Town Council to discuss two options regarding the review of the proposed Crossroads development. Staff recommended • that the option of looking at potential amendments and updates to the Commercial Service Center zone district and Vail Village Master Plan was the appropriate course of action. At that meeting the Town Council voted 5-2-0 (Logan and Slifer opposed) to proceed forward with the Special Development District review process and to not take a look at amending the Commercial Service Center zone district and Vail Village Master Plan. In addition, they affirmed four assumptions staff has made in the previous review of the project. • On January 9, 2006, the Commission held a work session to discuss the need for any additional material other than that submitted to aid in the review of the proposed Crossroads redevelopment. The Planning Department Staff recommended that a physical model which included adjacent properties to the Crossroads site be submitted to aid in the review and understanding of the project. The Commission found no physical model of adjacent properties and that no other additional information was required in order to review the proposal. One member did suggest a desire to have some demonstration of height of the proposed structure on site or in the vicinity. IV. ROLES OF REVIEWING BOARDS Special Development District Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. • 3 Planning and Environmental Commission: • The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. 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 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: The Town Council takes into consideration the PEC's recommendation when reviewing an . application for a special development district and is responsible for final approval/denial of an SDD. The Town Council shall review the proposal and approve/approve with conditions/deny the application based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. V. APPLICABLE PLANNING DOCUMENTS Vail Land Use Plan The Vail Land Use Plan was adopted by the Vail Town Council on November 18, 1986. The plan is intended to serve as a basis from which future decisions may be made regarding land use within the valley. The primary focus of the Vail Land Use Plan is to address the long-term needs and desires of the Town as it matures. The Town of Vail has evolved from a small ski resort founded in 1962 with approximately 190,000 annual skiervisits and virtually no permanent residents to a communitywith 4,500 permanent residents. The Town is faced with the challenge of creatively accommodating the increase in permanent residency as well as the increase in skier visits, while preserving the important qualities that have made Vail successful. This is a considerable challenge, given the fact that land within the Valley is swell-defined finite resource, with much of the land already developed at this juncture. The Vail Land Use Plan was undertaken with the goal of addressing this challenge in mind. A secondary purpose of the Vail Land Use Plan was to analyze a series of properties owned by the Town of Vail, to determine their suitability for various types of community facilities. • • The goals articulated in the plan reflect the desires of the citizenry. The goal statements that were developed reflect a general consensus of the comments shared at public meetings. The goals contained in the Vail Land Use Plan are to be used as the Town's adopted policy guidelines in the review process for new development proposals. Staff has reviewed the Vail Land Use Plan and the goal statements that staff believes are applicable appear Section VIII under staffs review of Criterion D. According to the Official Town of Vail Land Use Plan map, the applicant's proposed redevelopment site is located with the "Vail Village Master Plan" land use category. Pursuant to the Plan, the "Vail Village Master Plan" land use category description, "Vail Village has been designated separately as a mixed use area and accounts for 77 acres or about 2% of the Plan area. This area has not been analyzed in this Plan document because the Vail Village Master Plan study addressed this area specifically in more detail. " Town of Vail Streetscaoe Master Plan The Town of Vail is in the process of preparing a revision to the adopted Town of Vail Streetscape Master Plan. The original Master Plan is an outgrowth of the Vail Village Urban Design Guide Plan. The Guide Plan was created in 1982 to give guidance to the overall physical developmentforthe Village. In addition to providing broad design guidelines, the Guide Plan suggested specific physical improvements for the Village. Improvements such as new plazas, new landscape area, etc. Along • with the construction of these public improvements included proposals to complete numerous private sector improvements. Improvements such as building additions outdoor deck expansions, and facade improvements. The Streetscape Master Plan was written in part to provide clear design direction for coordinated public/private improvements. According to the Master Plan, the purpose of the plan is to provide a comprehensive and coordinated conceptual design for streetscape improvements that: 1. is supported by the community; 2. enriches the aesthetic appearance of the Town; and 3. emphasizes the importance of craftsmanship and creative design in order to create an excellent pedestrian experience. Vail Village Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow • in the future. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design • Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can betaken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. The Vail Village Master Plan's objectives and policy statements address key issues relative to growth and development. These statements establish much of the context within which future development proposals are evaluated. !n implementing the Plan, the objectives and policies are used in conjunction with a number of graphic planning elements that together comprise this Plan. While the objectives and policies establish a general framework, the graphic plans provide more specific direction regarding public improvements or development potential on a particular piece of property. The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. The most significant elements of the Master Pian are the goals, objectives, policies and action steps. They are the working tools • of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. As noted on page 35 of the Master Plan, "It is important to note That the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan." Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that full compliance is not required in order for a project to be approved. The stated goals of the Vail Village Master Plan which staff believes are applicable to this application appear in Section VIII under staff's assessment of Criterion D. Specific Sub- Area Details found in the Vail Village Master Plan Mixed Use Sub Area (#9) The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger scale buildings and by fhe limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. There is a great deal of potential for improvements to both public and private facilities • in fhe area. Among these is the opportunity to develop gateway entries to the Village 6 • at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is also a long term goal to strengthen the connection between this area and the Village core area byreinforcing fhe established pedestrian linkages. Pedestrianization in this area may benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to Gore Creek. A signit!cant increase in the Village's overnight bed base will occur in this sub-area with the development of the final phase of the Vail Village Inn project. In addition, commercial and residential/lodging development potential is identified in sub-area concepts 3, 4, 6, and 8. The completion.of these projects will essentially leave the sub-area "built out': • #1-6 Crossroads Infill Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration of infill maybe done a number of ways, it is the overall intent to replace existing surface parking with pedestrian corridors into a commercial area, as well as to provide a strong building edge on Meadow Drive and streetscape improvements. Improvements of the planted buffer adjacent to the Frontage Road is also important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fire access also exists in the redevelopment scheme. Special emphasis of 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. Goal #2: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. Policy 2.4.2: Activity that provides night life and evening entertainment for both the guest and the community shall be encouraged. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Policy 2.5.1: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. Policy 2.5.2: The Town will use the maximum flexibility • possible in the interpretation of building and fire codes in order to facilitate building renovations without compromising life, health, and safety considerations. Objective 2.6: Encourage the development of affordable housing units through the efforts of the private sector. Policy 2.6.1: Employee housing units maybe required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Policy 2.6.2: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Policy 2.6.3: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. Goal #3: To recognize as a top priority the enhancement of the walking experience throughout the Village. Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. • Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver, treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Policy 3.1.2: Public art shall be encouraged at appropriate locations throughout Town. Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. Goal #4: To preserve existing open space areas and expand greenspace opportunities. Objective 4.1: Improve existing open space areas and create new plazas with greenspaces and pocket parks. Recognize the different roles of each type pf open space in forming the overall fabric of the Village. Policy 4.1.1: Active recreation facilities shall be preserved (or relocated to accessible locations elsewhere in the Village) in any development or redevelopment of property in Vail Village. Policy 4.1.2: The development of new public plazas, and • improvement to existing plazas (public art, streetscape • features, seating areas, etc.), shall be strongly encouraged to reinforce their roles as attractive people places. Policy 4.1.3: With the exception of ski base-related facilities, existing natural open space areas at the base of Vail Mountain and throughout Vail Village shall be preserved as open space. Policy 4.1.4: Open space improvements including the addition of accessible greenspace as described orgraphically shown in the Vail Village Master Plan and/or Urban Design Guide Plan, will be required in conjunction with private int7ll or redevelopment projects. Goal #5: Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the Village. Objective 5.1: Meet parking demands with public and private parking facilities. Policy 5.1.1: For new development that is located outside the Commercial Core I Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the zoning • code. Policy 5.1.2: The expansion of the Vail Village parking structure shall maximize the number of additional parking spaces available for public parking. Policy 5.1.3: Seek locations for additional structured public and private parking. Policy 5.1.4: Continue to promote the lease parking program as a means for maximizing the utilization of private parking spaces. Policy 5.1.5: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. Goal #6: To ensure the continued improvement of the vital operational elements of the Village. Objective 6.1: Provide service and delivery facilities for existing and new development. Objective 6.2: Provide for the safe and efficient functions of fire, • police and public utilities within the context of an aesthetically pleasing resort setting. Policy 6.2.1:. Development projects and otherimprovements • in Vail Village shall be reviewed by respective Town Departments to identify both the impacts of the proposal and potential mitigating measures. Policy 6.2.2: Minor improvements (landscaping, decorative paving, open dining decks, etc.), maybe permitted on Town of Vail land or right-of--way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at current levels. Special design (i.e. heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. #1-7 Village Center Road Improvements Redesign of intersection as shown on the Vail Village Urban Design Guide Plan. Goal of this project is to create a visual landscape barrier to prevent unnecessary vehicular traffic. Bus, delivery and pedestrian traffic must also be accommodated in this design. Special emphasis on 3.1, 3.2, 5.3, 5.4. Goal #3: To recognize as a top priority the enhancement of the walking experience throughout the Village. Objective 3.1: Physically improve the existing pedestrian ways by • landscaping and other improvements. Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Policy 3.1.2: Public art shall be encouraged at appropriate locations throughout Town. Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. Objective 3.2: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. Policy 3.2.1: Vehicular traffic will be eliminated or reduced to the absolute minimal necessary levels in the pedestrianized areas of the Village. Goal #5: Increase and improve the capacity, efficiency, and aesthetics of the • transportation and circulation system throughout the Village. 10 . Objective 5.3: Concentrate the majority of interconnecting transit activity at the periphery of the Village to minimize vehicular traffic in pedestrianized areas. Policy 5.3.1: The Vail Transportation Center shall be the primary pick up and drop off point for public transit and private shuttle vans and taxis. Objective 5.4: Improve the streetscape of circulation corridors throughouf the Village. Policy 5.4.1: The Town shall work with the Colorado Division of Highways toward the implementation of a landscaped boulevard and parkway along the South Frontage Road. Policy 5.4.2: Medians and right-of--ways shall be landscaped. Vail Village Desion Considerations The Town of Vail adopted the Vail Village Design Considerations in 1980. The Design Considerations were revised in 1993. The Design Considerations are considered an integral part of the Vail Village Urban Design Plan. The Design Considerations are intended to: • guide growth and change in ways that will enhance and preserve the essential • qualities of the Village; and • serve as design guidelines instead of rigid rules of development; and • help influence the form and design of buildings. The Vail Village Design Considerations are divided into two categories (urban design considerations and architectural/landscape considerations): URBAN DESIGN CONSIDERATIONS These considerations relate to general, large-scale land use planning issues, as well as form considerations which affect more than one property or even whole areas. These considerations are primarily the purview of the Planning and Environmental Commission. The considerations include focuses on pedestrianization, vehicle penetration, streetscape framework, street enclosure, street edge, building height, views and focal points, service and delivery, and sun/shade. The specifics of these considerations are addressed by staff in Section VIII under Criterion D. Town of Vail Zoning Regulations Staff has reviewed the Town of Vail Zoning Regulations (Title 12, Vail Town Code). We believe the following code sections are relevant to the review of the applicant's request: • 11 Article E. Commercial Service Center (CSC) District (in part) 12-7E-1: Purpose: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. 12-7E-3: Permitted Uses: The following uses shall be permitted in the CSC District: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges, taverns, and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Barbershops. Beauty shops. Business and office services. . Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Coin operated orself-service laundries. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and genera! merchandise stores. Drugstores and pharmacies. Florists. Food stores. Furniture stores. Gift stores. Hardware stores. . Hobby stores. 12 Household appliance stores. . Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Radio and television stores and repair shops. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. 12-7E-4: Conditional Uses: The following conditional uses shall be permitted in the CSC district, subject to issuance ofa conditional use permit in accordance with the provisions of chapter 16 of this title: • Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfast as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Commercial laundry and cleaning services. Dog kennel. Major arcade. Multiple-family dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Type 111 employee housing units (EHU) as provided in chapter 13 of this title. 12-7E-5: Accessory Uses: The following accessory uses shall be permitted in the CSC district: Home occupations, subject to issuance of a home occupation permit in accordance • with the provisions of section 12-14-12 of this title. 13 Minor arcade. • Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7E-7: Setbacks: In the CSC district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). 12-7E-5: Height: For a flat or mansard roof, the height of buildings shall not exceed thirty five feet (35). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38). 12-7E-9: Density Control: Not more than forty (40) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area, and gross residential floor area shall not exceed fifty percent (50%) of total building floor area on any site. Total density shall not exceed eighteen (18) dwelling units per acre of buildable site area. A dwelling unit in amultiple-familybuilding mayinclude one attached accommodation unit no • larger than one-third (1/3) of the Total floor area of the dwelling. 12-7E-10: Site Coverage: Site coverage shall not exceed seventy five percent (75%) of the total site area. 12-7E-11: Landscaping and Site Development: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. 12-7E-12: Parking and Loading: Off-street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half (1/2) of the required parking shall be located within the main building or buildings. No parking or loading area shall be located in any required front setback area. 12-7E-13: Location of Business Actrivity: A. Limitations; Exception: All permitted and conditional uses by sections 12-7E-3 and 12- 7E-4 of this article, shall be operated and conducted entirely within a building except for permitted parking and loading areas and such activities as may be specifically authorized to • be unenclosed by a conditional use permit and the outdoor display of goods. 14 • 8. Outdoor Display: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Article 12-9A: Special Development (SDD) District (in part) Section 12-9A-1: Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use: to imarove the design character and quality of the new development with the town: to facilitate the adequate and economical provision of streets and utilities: to preserve the natural and scenic features of oxen space areas: and to further the overall goals of the community as stated in the Vail comprehensive clan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. The special development district does not apply to and is not available in the following zone districts: Hillside residential, single-family, duplex, primary/secondary. The elements of the development plan shall be as outlined in section 12-9A-6 of this article. VI. ZONING ANALYSIS According to the application information provided by the applicant, staff has performed an analysis of the proposal in relation to the requirements of the Vail Code. The deviations to the prescribed development standards are shown in bold text in the table below. April 25. 2005 Proposal Zoning: Commercial Service Center Land Use Plan Designation: Vail Village Master Plan Study Area (High Density Residential/Mixed Use) Current Land Use: Mixed Use/Residential Development Standard Allowed Proposed Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area: 115,129 sq. ft. Setbacks: Front (Frontage Road): 20' 0' to 19' West Side: 20' 2' (loading dock) to 25' East Side: 20' 0' to 25' Front (Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 28.4 units /acre 47.5 D.U.s 75 D.U.s . GRFA: 46,051.6 sq. ft. 210,054 sq. ft. (40%) (182%) 15 Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. '• (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 42,255 sq. ft. (20% total site) (36.7% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 14,898 sq. ft. (80%) (35.3%) Maximum Hardscape of total permitted 4,605.1 sq, ft. 27,357 sq. ft. (20%) (64.7%) Parking: 246 spaces 338 spaces (92 surplus spaces proposed to be in private parking club) BOLD indicates deviations from the prescribed development standards. December 12. 2005 Proposal Development Standard Allowed Proposed Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area: 115,129 sq. ft. • Setbacks: Front (Frontage Road): 20' 3' to 19' West Side: 20' 3' (loading dock) to 25' East Side: 20' 0' to 25' Front (Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 26.1 units/acre 47.5 D.U.s 69 D.U.s GRFA: 46,051.6 sq. ft. 199,830 sq. ft. (40%) (173.6%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 47,192 sq. ft. (20% total site) (41.0% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 18,581 sq. ft. (80%) (39.4%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 28,611 sq. ft. • (20%) (60.6%} 16 • Parking: 235 spaces 338 spaces (103 surplus spaces) BOLD indicates deviations from the prescribed development standards. The current development proposal dated December 12, 2005, is smaller than the previously proposed plans dated April 25, 2005, which the PEC and staff recommended approval of to Council. To be more specific, it is has 10,224 square feet less GRFA and 6 fewer dwelling units. The building footprint has changed slightly to be pulled further back from East Meadow Drive and the roof forms have been reduced in height in some areas mainly along the eastern wing of the proposed structure. • "To encourage flexibility and creativity in the development of land, in order to promote ifs most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District (SDD). The development plan shall contain all relevant material and information necessary to establish the parameters to which the special development district shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. • VII. SURR~ North: South: East: West: FUNDING LAND USE Land Use CDOT ROW Mixed Use Public Parking Mixed Use 5 AND ZONING Zonino None Commercial Core II District/Public Accommodation General Use District SDD No. 6 VIII. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS Chapter 12-9 of the Town Code provides for the establishment of special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed SDD, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. 17 The Town Code provides nine design criteria which shall be used as the principal criteria in i evaluating the merits of the proposed SDD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the project's compliance with the nine SDD review criteria: On January 4, 2006, Staff went before the Town Council to discuss two options regarding the review of the new Crossroads development submittal. Staff was recommending that the Commercial Service Center zone district and Vail Village Master Plan (WMP) be examined for possible amendment. At that meeting the Town Council, by a vote of 5-2-0 (Logan and Slifer opposed), chose to proceed forward in the review of the Crossroads development by utilizing the Special Development District process and affirming four assumptions Staff made in order to achieve a recommendation of approval to the PEC on April 25, 2005. The first assumption examined Section 12-7E-1, Purpose, Vail Town Code, which identifies that the residential component should be "limited" so as to not interfere "with the basic commercial function of the District". A second assumption staff made was regarding Section 12-7E-9, Density Control, Vail Town Code, which identifies that the amount of Gross Residential Floor Area included within a project in the CSC zone district "shall not exceed fifty percent (50%) of total building floor area on any site': While the SDD process allows for deviations from the requirements mentioned above, staff examined the project to see how closely the proposed project came to meeting the purpose section of the CSC zone district when proposing that more than 50% of the total building floor would be GRFA, and the impacts on the primary purpose of providing commercial establishments. Staff made the assumption that the amount of commercial being proposed in the project was likely at the carrying point of the property and that the proposed residential and its associated GRFA was not limiting or negatively impacting the commercial objectives of the CSC zone district. A third assumption Staff made, with the verification of the PEC by a vote of 6-1-0, was regarding the policy on floor plate height as discussed in the WMP. As discussed in Section III of this memorandum the WMP Building Height Plan identifies a floor plate as being 9 feet in height. As several projects have come through the process applicants have demonstrated that current market demands and mechanical system needs warrant a taller floor plate dimension. The current floor plate height policy established by the PEC is 11 feet. With the proposed Crossroads project the floor plate height is 11 feet 6 inches. As mention earlier on April 25, 2005, the PEC by a vote of 6-1-0, verified that a floor plate height of 11 feet 6 inches was appropriate. One member of the Commission did not agree that a floor plate height of 11 feet 6 inches was appropriate for this project nor the village as a whole. The assumption that a floor plate of 11 feet 6 inches brought the proposed heights of the structure closer to the maximum heights identified in the WMP. The final assumption Staff made was that a public plaza, as proposed in conjunction with the Crossroads development, was a public benefit which offset the proposed deviations of encroachments into the setbacks, excess height, site coverage, and GRFA . A. Consideration of Factors Reaardina Special Development Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood . and adjacent properties relative to architectural design, scale, bulk, building 18 height, buffer zones, identity, character, visual integrity and orientation. The Crossroads development site is located along the north side of East Meadow Drive across from Village Center. An attached vicinity map has been provided for reference (Attachment A). The development site is adjoined on the north by the South Frontage Road, on the east by Village Center Road and the Vail Village Parking Structure, on the south by East Meadow Drive and Village Center, and to the west by Vail Village Inn Phase tll. All of these surrounding properties have different zoning designations and thus must comply with differing development standards. Although the neighboring properties must adhere to different zoning requirements, the buildings constructed on the neighboring properties are alltwo-to-seven stories. According to research of Town files, the surrounding properties have varying building heights. For instance, the new One Willow Bridge project (Swiss Chalet) will be 50 feet tall, and the Vail Village Inn Phase 111 varies in height from 68 feet along the Frontage Road to 25 feet along East Meadow Drive. The applicant is proposing heights of 93 feet (historic grade)/87.5 feet (finished grade) along the Frontage Road and 63.3 feet (historic grade)/56 feet (finished grade) on the portion of the building located in the southwest corner of the property along East Meadow Drive. The proposed heights of the structure along the western property line range from 84 to 63 feet (historic grade)/79 feet to 56 feet (finished grade). The tallest point on the structure is 99.9 feet above historic grade on the southern end of the main ridge above the entry to the building. Since April 25, 2005, the structure has been reduced in height in selected areas. The areas are primarily on the eastern wing of the structure. For specifics, reference the elevation . drawing sheets in Attachment B which compares the April 25, 2005, elevations to the December 12, 2005, elevations. Staff believes that the proposed height will set a new precedence as it will be taller than any building in Town. However, staff believes that the deviation in height is offset by the development potential lost by proposing a 24,130 square foot public plaza (Vail Village Master Plan recommends a public plaza in this location) and the other public benefits. In order to assess whether or not the deviations proposed by the project are outweighed by the benefits staff performed an analysis which took the area of the plaza and multiplied it by the allowable GRFA factor (40%). The allowable amount of GRFA was then multiplied by the Vail Village Master Plans maximum number of stories (3-4 stories). Staff selected a factor of 3.5 stories to multiply the developable plaza area by as it was felt it was a reasonable expectation for the height of the structure which might be located in the location of the plaza. When the allowable GRFA is multiplied by the number of recommended developable number of stories, this provides an approximate amount of GRFA which could be constructed on the area being designated as public plaza. The next step was to subtract the amount of GRFA located within the setbacks and above the recommended maximum height in the Master plan of 78 feet on this portion of the site. Upon completion of this calculation it is found that the GRFA proposed in this project is 4,687 square feet below that which could have been potential constructed in the area occupied by the plaza. In the previous proposal approved by the PEC on April 25, 2005, the structure was requesting 121 square feet more GRFA than that which could potentially have been constructed on the plaza area. The loss of 10,224 square feet of GRFA between the April 25 and December 12, 2005 submittals accounts for this change. Therefore it is confirmed that the proposed public plaza has offset the proposaPs GRFA encroachments of into setbacks and above the • 78 foot height recommended in the Vail Village Master Plan. With the addition of the 19 proposed 5 berth loading and delivery facility which will be made available to the public, the two proposed public restrooms (870 s.f. total) and the installation of the complete streetscape improvements on Village Center Drive and East Meadow Drive Staff believes the proposed deviations have been balanced. Area of Proposed Public Plaza: 24,130 s.f. CSC Allowable GRFA %: .40 Amount of GRFA: 9,652 s.f. Number of Developable Stories: x3.5 Square Footage of GRFA: 33,782 s.f. Amount of GRFA in Setbacks: -13.693 s.f. Remaining GRFA of Public Plaza: 20,089 s.f. Amount of GRFA on Floor 6: -15.402 s.f. Amount of GRFA remaining: 4,687 s.f. The computer model shows those portions of the Crossroads roof which exceed the heights granted at Four Seasons and Vail Plaza Hotel. Staff believes that the area of roof over the established heights of Vail Plaza Hotel and Four Seasons is offset by a combination of the public plaza, loading and delivery facility, public restrooms, and proposed streetscape improvements. In regard to setbacks the One Willow Bridge project varies between 0 feet (west end) and 20 feet. Setbacks along the east property line for Vail Village Inn Phase III vary between 15 and 55 feet. The proposed Crossroads development has setbacks along the north and east property lines which vary from one foot to 25 feet. Above grade along the western property line the proposed Crossroads has cone-story enclosed loading facility which is within the required setback (3 feet off property line at closest location). Along East Meadow Drive the setbacks vary from 150 feet along the plaza to zero setback in the southeast and 12 feet in the southwest corners. Staff previously had concerns with the setback of the building along East Meadow Drive and the structure located in the southwest corner. Staff believed that it may be appropriate to have minimal setback along East Meadow Drive for several stories including a roof and then the structure would step back 15 to 20 feet before continuing up. The applicant has worked extensively on the portion of the structure located in the southwest portion of the site. The ridge is now 56 feet above grade which is six (6) feet taller than the actual height of the One Willow Bridge project from the grade of East Meadow Drive. The height of 56 feet (actual height above finished grade) has been moved from a 4 foot setback to a 12 foot setback from the property line for a distance of 44 feet along East Meadow Drive. The length of the structure along East Meadow Drive has been reduced from 52 feet to 44 feet. Staff and Jeff Winston believe that the height of 56 feet over a span of 44 feet is an acceptable design as it creates a "neck down effect" between to more open public spaces, the proposed Crossroads plaza and the Vail Village Inn plaza. To address the concerns of staff and the representatives of Vail Village Inn Phase III the proposal has been revised to remove all above-grade portions of the building located within the setback along the western property line with the exception of the enclosed loading and delivery facility which has access off of the South Frontage Road. The subterranean improvements along the western property line have been pulled back from the property line to be a minimum distance of 10 feet from the property line. The architectural design of the Crossroads development, like its neighbors, is governed by the design guidelines prescribed in Chapter 11, Design Review, of the Vail Town Code and . by the recommendations Vail Village Master Plan. As such, the architectural design of the 20 proposed development is intended to be compatible with the unique European alpine village • character prescribed for Vail Village. The exterior design of the development is a mixture of stone, metal and wood. Many of the finer details have not been resolved in the two presentations made to the Design Review Board. Both Staff and Jeff Winston agree thatthe applicant has made positive changes to the architecture and believe the overall architecture complies with the Town's guidelines. The concerns of staff and Jeff Winston are the use of large window systems especially in the upper portions of the structure, the appearance of panelized-type materials in some locations on the building, and the emphasis on the vertical verse the horizontal. Staff has addressed this project's conformance with the Urban Design Guidelines in Criteria D of this section. Staff believes the architecture of the structure is beginning to incorporate further "Bavarian" elements so as to fit in more harmoniously with the community. Staff believes that with additional work with the Design Review Board this project can fit into the overall architectural theme of Vail Village. The Vail Village Master Plan addresses the Crossroads development site throughout the Plan. In regard to building height, the Plan includes a conceptual map identifying potential heights of existing and future structures and states: "The building heights expressed on this Illustrative Plan are intended to provide general guidelines. Additional study should be made during specific project review relative to a building's height impact on the streetscape and relationship to surrounding structures." The Plan identifies the northern portion of the Crossroads development site along the Frontage Road as being 5 to 6 stories in height and the southern portion as being 3 to 4 stories in height (the Plan identifies a story as being 9 feet in height and the Plan does not include roof structure). A copy of Conceptual Building Height Plan is attached for reference (Attachment E). Since the last hearing with the Planning and Environmental Commission and the Town Council staff has located the minutes of the adoption of the Lionshead Redevelopment Master Plan in which the PEC had recognized a building story as being considered 11 feet 6 inches plus a roof. Most recently the Tivoli Lodge, identified as being 3 to 4 stories tall in the Plan, established SDD #37 in order to achieve a 56 foot height limitation. Although the Tivoli Lodge is not zoned Commercial Service Center, it is addressed within the Vail Village Master Plan. The Tivoli Lodge contended that the 48 foot limitation did not adequately address current hotel accommodation building trends. A 48 foot height limitation permits 9 foot floor-to-floor sections with an additional 12 feet for sloping roofs as recommended in the various town master plans (9' X 4 floors +12' = 48'). According to the applicants, the proposal has achieved the heights of 99.9 feet at its highest point, down to 66 feet along East Meadow Drive as the floor plates they are proposing are 11 feet 6 inches from floor to floor except on the two retail portions of the building where the floor to floor height is 13 feet and 14 feet. The applicant states that consistent 11 foot 6 inch floor plates are due to the need to provide modern day living demands including air conditioning, 9 foot ceilings and flexibility in unit design. Furthermore, at this site there are the additional issues of I-70 traffic noise and exposure to the sun in this location. Once the units are dry-walled, the ceiling heights in the units will be 9 feet. In addition the applicant has proposed floor plates measuring 14 feet in height for the commercial levels to accommodate the additional height necessary to operate a bowling alley's lane equipment and stadium seated theaters. The height of the floor plates in the residential levels and the added height necessary for the operation of a bowling alley • and theaters explain the proposed heights on the building exceeding the recommended 21 heights identified in the Vail Village Master Plan. Staff believes the height of the building in • general is appropriate in relation to the uses proposed if the Commission agrees that an 11 foot 6 inch floor plate is appropriate for properties located within the scope of the Vail Village Master Plan. Staff has generally accepted an 11 foot floor-to-floor building piste on previous projects located within the scope of the Vail Village Master Plan such as the Tivoli Lodge and the Manor Vail Lodge (the PEC voted to adopt 11 foot 6 inch floor to floor in Lionshead as a part of the Lionshead Redevelopment Master Plan). In addition, it has been previously determined that a roof structure is at an appropriate size when it is 12 feet from eave to ridge, as identified above. This particular project, according to the applicant, because of its proximity to the Interstate and large window areas (heat gain) will need to have climate control equipment which the two previous projects did not. If a floor-to-floor plate of 11 feet 6 inches and a 12 foot tall roof structure is acceptable the maximum height of structure, according to the Vail Village Master Plan should be 81 feet (11.5' X 6 stories + 12' = 81 feet) along the northern portion of the site and 58 feet (11.5' X 4 stories + 12' = 58) feet along the southern portion of the site. However, given the width of the proposed building forms and roof pitches, the proposed building will require more than 12 feet of roof height. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The uses, activities, and densities for the Crossroads development site are prescribed by the underlying zoning. According to the Official Town of Vail Zoning Map, the underlying zoning for the proposed special development district is Commercial Service Center zone district. The Commercial Service Center zone district encourages the development of commercial facilities serving the Town with limited multiple-family dwellings at a density of eighteen (18) dwelling units per acre. However, the Vail Village Master Plan, adopted in 1990, identifies the site as being approximately three quarters medium/high density residential and one quarter mixed use. See attached copy of the Land Use Plan from the Vail Village Master Plan (Attachment F). The proposal is to construct permitted uses such retail shops, restaurants and bars, offices, on-site accessory uses such as the ice skating rink, and conditional uses such as a major arcade, bowling alley, movie theaters, 69 multiple-family dwelling units, and a private parking club. The applicant has requested the appropriate conditional use permits which are addressed in the two memorandums accompanying this memorandum. The applicant has suggested that the proposed bowling alley, 3-screen theater, and sports bar /arcade activity center are public amenities as they bring life and vitality to the Town. In previous memorandums to the Commission, staff identified that the uses will likely fill a niche which is missing in Town. These amenities, however, are privately owned and operated. The proposed application has two levels of at-grade or above-grade retail surrounding the proposed plaza. Staff has expressed concerns in previous meetings regarding the continuous arc shaped frontage of the retail. Staffs concerns were two-fold; first, does such a design lure visitors and locals to shop in the environment and; second, the geometric properties of an arc will not allow for material changes to the facade's of the individual tenant spaces. In previous meetings the Design Review Board in their meetings had also expressed a concern about the limited ability to individualize a tenant space store front. In response to the concern expressed by staff, the Design Review Board, the Planning and • Environmental Commission, and Town Council the applicant has brought additional staff 22 onto their team to address the commercial experience. Since the last meeting the applicant • has prepared several drawings which exhibit how the retail storefronts could be individualized. The staff and Jeff W inston believe the changes made by the applicant were a tremendous step in alleviating our concerns regarding the design. However, Staff, Jeff Winston, and the applicant believe that working with the Design Review Board will produce a functional and active design for the retail levels. The above criterion specifically identifies the proposed density of a project as needing to be compatible with surrounding properties. This property is restricted to 18 dwelling units/acre per the underlying zoning. The applicant is proposing a density of 28.4 dwelling units/acre with 199,830 square feet of GRFA. The neighboring .property to the south, the One Willow Bridge/Sonnenalp Hotel development, is limited to 25 dwelling units/acre, which the new development has proposed 8 dwelling units for a density of 2.9 dwelling units/acre with 135,184 square feet of GRFA. One Willow Bridge/Sonnenalp Hotel was substantially accommodation units (123 units) and fractional fee units (14 units) which do not count towards density. The adjacent property to the west, Vail Village Inn Phase III (SDD #6), is limited to 25 dwelling unitslacre with the underlying zoning. In the Ordinance adopting SDD #6 it is not clear the number of dwelling units allowed, however, it identifies a minimum of 148 accommodation units and 64,267 square feet of GRFA shall be located in Phase IV of the project, however the overall project has a much greater density. As can be seen the proposed Crossroads project has a greater density than the constructed or proposed neighboring properties and more GRFA. Staff believes the proposed Crossroads redevelopment complies with this portion of the criterion as the proposed public benefits outweigh all deviations proposed. Emalovee Housing Reauirements As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for SDD proposals. In reviewing the proposal for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. The guidelines contained within the report were used most recently in the review of the Austria Haus, Marriott, Four Seasons, Manor Vail Lodge, and SDD No. 6 -Vail Village Inn development proposals. The Employee Housing Report was prepared for the Town by the consulting firm Rosall, Remmen and Cares. The report provides the recommended ranges of employee housing units needed based on the type of use and the amount of floor area dedicated to each use. Utilizing the guidelines prescribed in the Employee Housing Report, staff analyzed the incremental increase of employees (square footage per use) that results from the redevelopment. The figures identified in the report are based on surveys of the commercial-use employment needs of the Town of Vail and other mountain resort communities. As of the drafting of the report, Telluride, Aspen and Whistler, B.C. had "employment generation" ordinances requiring developers to provide affordable housing for a percentage of the new employees resulting from commercial development. "New" employees are defined as the incremental increase in employment needs resulting from commercial redevelopment. Each of the communities assesses a different percentage of affordable housing a developer must provide for the new employees. For example, Telluride requires developers to provide 23 housing for 40% (0.40) of the new employees, Aspen requires that 60% (0.60) of the new employees are provided housing, and Whistler requires that 100% (1.00) of the new employees be provided housing by the developer. !n comparison, Vail has conservatively determined that developers shall provide housing for 15% (0.15) or 30% (0.30) of the new employees resulting from commercial development. When a project is proposed to exceed the density allowed by the underlying zone district, the 30% (0.30) figure is used in the calculation. If a project is proposed at, or below, the density allowed by the underlying zone district, the 15% (0.15) figure is used. The Crossroads special development district does exceed the density permitted by the underlying zone district in both number of dwelling units and GRFA so the 30% ratio was used. Proposed Project Emplovee Generation Calculations -Middle of Ranae a) Multi-Family (Dwelling Units) 69 new units proposed @ (0.4/unit) = 27.6 employees b) Retail and Service Commercial 45,804 sq. ft. @ (5.0/1000 sq. ft.) = 229.0 employees c) Bar/RestaurantlArcadelTheater/Bowling 13,000 sq. ft. @ (5.0/1000 sq. ft.) = 65.0 employees 321.6 employees Existing Crossroads Project Emplovee Generation Calculations -Middle of Ranae a) b) c) d) e) f) Multi-Familiy (Dwelling Units) 22 units existing @ (0.4/unit) = 8.8 employees Retail and Service Commercial 22,116 sq. ft. @ (5.0/1000 sq. ft.) = 110.58 employees Office: Professional/Other 20,000 sq. ft. @ (5.0/1000 sq. ft.) = 100.0 employees Bar/RestaurantlNight ClublTheater 13,550 sq. ft. @ (5.0/1000 sq. ft.) = 67.75 employees Bank 2,750 sq. ft. @ (2.5/000 sq. ft.) = 6.88 employees Grocery 6,240 sq. ft. @ (1.5/1000 sq. ft.) = 9.36 employees • • 24 303.37 employees 321.6 new employees - 303.37 exisitino employees 18.23 net new employees x.30 5.47 required # beds According to the calculations above, the applicant must establish 6 new deed-restricted employee beds ("pillows"). The applicants are proposing to provide the required deed- restrictedemployee housing beds off-site through the purchase of units throughout Town or through apay-in-lieu program, if established by the Town prior to requesting a Temporary Certificate of Occupancy (TCO). The applicant will deed restrict the units under the appropriate deed restrictions depending upon which zone district the property is located within the community under the appropriate review process. In the previous meeting, the Commission asked for greater detail on how a "bed" will be defined in regards to the deed restricting of units. For example if the applicant purchased a structure containing three bedrooms this could potentially count as six employee "beds". As expressed by the Commission a unit as described previously may likely be rented by a family and would still count as six employee beds. Staff recommends that the developer submit to staff, prior to issuance of a TCO or Certificate of Occupancy, the location of the units proposed to be deed restricted along with the appropriate review application which is applicable or remit payment in funds commensurate with any adopted pay-in-lieu program. Please see the applicant's employee housing unit provision proposal on page 16 of the Crossroads Redevelopment: Applications for Special Develor,ment District. Text Amendments. and Conditional Use Permit document dated December 12, 2005, which is attached for reference (Attachment C). Staff believes that the proposal does comply with this portion of the criterion. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total number of required parking spaces for the Crossroads project is 235 spaces. The applicants are proposing to provide a total of 338 spaces, all of which are to be provided in the proposed underground parking structure. The 103 additional parking spaces proposed to be constructed above and beyond that which is required are proposed to be placed in a private parking club: The proposed subterranean parking structure permits a public plaza on the surface which contains a proposed ice skating rink. In orderto establish a private parking club offering parking spaces, the Town Code requires the review and approval of a conditional use permit by the Commission. The applicant is proposing to establish a 103 stall private parking club. Staff addresses the criteria for the establishment of a private parking club in the Conditional Use Permit memorandum accompanying this memorandum. The applicant is proposing to utilize all of the 103 surplus parking spaces in a private parking club in which participants would lease a space or potentially purchase if the applicant • chooses to condominiumize the spaces. The applicant desires to maintain ownership of the 25 parking spaces to avoid not having enough parking for the retail, restaurant, and office uses if the project becomes as successful as anticipated. There is a possibility that as various tenants begin to design and occupy their spaces that additional surplus parking may become available. When calculating the required parking staff and the applicant were conservative in estimating what percentage of retail and restaurant spaces will become areas not assessed parking. An analysis will need to be run as each tenant goes in for building permit and as tenants change out in the future. The applicant can return before the Commission at a later date if additional surplus parking is created based on tenant make-up to amend the conditional use permit. Staff recommends that the developer be permitted to establish a 103 parking space private club. The applicant has proposed a five berth loading and delivery facility which is the maximum required for this project. The proposed facility will be accessed off of the Frontage Road and made available to neighboring properties as well for their loading and delivery needs. The proposed loading and delivery facility is entirely enclosed and large vehicles can make all turning movements inside the structure. The applicant and the staff agree that the location, configuration, and public use of the loading facility are a public benefit to the Town as it reduces conflicts with pedestrians, reduces impacts due to being enclosed, and its availability to the public for use. Staff recommends that through the Developer Improvement Agreement the developer enter into an agreement with the Town to include the loading and delivery facility in the overall loading and delivery system for the Town of Vail. Staff believes that the application complies with this criterion. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design .Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort . while accommodating day skiers. 26 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 3.0 Commercial 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4.0 Village Core /Lionshead . 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided bythe Town of Vail with appropriate restrictions. • 5.4 Residential growth should keep pace with the marketplace demands 27 for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. According to the Official Town of Vail Land Use Plan map, the applicant's proposed redevelopment site is located with the "Vail Village Master Plan"land use category. Pursuant to the Plan, the "Vail Village Master Plan"land use category description, "Vail Village has been designated separately as a mixed use area and accounts for 77 acres or about 2% of the Plan area. This area has not been analyzed in this Plan document because the Vail Villaae Master Plan study addressed this area specifically in more detail. " Staff believes that the application complies with the goals and objectives identified above. Vail Villaae Master Plan Staff believes that the following stated goals of the Vail Village Master Plan are applicable to this application: Goal #2: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activitygenerators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. Policy 2.4.2: Activity that provides night life and evening entertainment for both the guest and the community shall be encouraged. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Policy 2.5.1: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. Policy 2.5.2: The Town will use the maximum flexibility possible in the interpretation of building and fire codes in order fo facilitate building renovations without compromising life, health, and safety considerations. • • 2a Objective 2.6: Encourage the development of affordable housing units through the efforts of the private sector. Policy 2.6.1: Employee housing units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Policy 2.6.2: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Policy 2.6.3: The Town of Vail may facilitate in fhe development of affordable housing by providing limited assistance. Goal #3: To recognize as a top priority the enhancement of the walking experience throughout the Village. Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Policy 3.1.2: Public art shall be encouraged at appropriate locations throughout Town. Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. Goal #4: To preserve existing open space areas and expand greenspace opportunities. Objective 4.1: Improve existing open space areas and create new plazas with greenspaces and pocket parks. Recognize the different roles of each type pf open space in forming the overall fabric of the Village. Policy 4.1.1: Active recreation facilities shall be preserved (or relocated to accessible locations elsewhere in the Village) in any development or redevelopment of property in Vail Village. Policy 4.1.2: The development of new public plazas, and improvement to existing plazas (public art, streetscape features, seating areas, etc.), shall be strongly encouraged to reinforce their roles as attractive people places. • 29 Policy 4.1.3: With the exception of ski base-related facilities, existing natural open space areas at the base of Vail Mountain and throughout Vail Village shall be preserved as open space. Policy 4.1.4: Open space improvements including the addition of accessible greenspace as described or graphically shown in the Vail Village Master Plan and/or Urban Design Guide Plan, will be required in conjunction with private infill or redevelopment projects. Goal #5: Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the Village. Objective 5.1: Meet parking demands with public and private parking facilities. Policy 5.1.1: For new development that is located outside fhe Commercial Core I Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the zoning code. Policy 5.1.2: The expansion of the Vail Village parking structure shall maximize the number of additional parking spaces available for public parking. Policy 5.1.3: Seek locations for additional structured public and private parking. Policy 5.1.4: Continue to promote the lease parking program as a means for maximizing fhe utilization of private parking spaces. Policy 5.1.5: Redevelopment projects shall be strongly encouraged fo provide underground or visually concealed parking. Objective 5.3: Concentrate the majority of interconnecting transit activity at the periphery of the Village to minimize vehicular traffic in pedestrianized areas. Policy 5.3.1: The Vail Transportation Center shall be the primary pick up and drop off point for public transit and private shuttle vans and taxis. Objective 5.4: Improve the streetscape of circulation corridors throughout the Village. Policy 5.4.1: The Town shall work with the Colorado Division . of Highways toward the implementation of a landscaped 30 boulevard and parkway along the South Frontage Road. Policy 5.4.2: Medians and right-of--ways shall be landscaped. Goal #6: To ensure the continued improvement of the vital operational elements of the Village. Objective 6.1: Provide service and delivery facilities for existing and new development. Objective 6.2: Provide for the safe and efficient functions of fire, police and public utilities within the context of an aesthetically pleasing resort setting. Policy 6.2.9: Development projects and other improvements in Vail Village shall be reviewed by respective Town Departments to identify both the impacts of fhe proposal and potential mitigating measures. Policy 6.2.2: Minor improvements (landscaping, decorative paving, open dining decks, etc.), maybe permitted on Town of Vail land orright-of--way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at current levels. Special design (i. e. heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. Staff believes that the application complies with all of the goals, objectives, and policies identified above. Previously staff expressed that the proposal needed to address Objective 2.3. The proposal now includes a total of five (5) lock-off units to increase the likelihood that the project will have a greater occupancy rate. The applicant has submitted a rental program to increase the likelihood of owners placing their units into a rental pool. A copy of the rental program is attached for reference on pages. 18-20 of the Crossroads Redevelopment: Applications for Special Development District. Text Amendments. and Conditional Use Permit document dated December 12, 2005 (Attachment G). Staff believes the applicant has made great progress in the architectural design and believes that through the Design Review process the architecture can be resolved. Staff, in previous memorandums, expressed concerns about the scale of the structure and its relationship to neighboring properties. Through the use of the computer model staff believes that the revised proposal will now be at an appropriate scale to neighboring properties, Four Seasons, and Vail Plaza Hotel. While it is true that this proposal will set a new precedence for height (99.9 feet) staff believes that the height and other deviations are offset by the combination of benefits such as the public plaza, streetscape, public restrooms, and incorporation of the loading and delivery facility in the overall loading and delivery system for the Town. Staff under Criterion A addresses the benefits and reasoning behind staff's belief that the new precedence for height has been offset by various elements of the proposal. 31 Town of Vail Streetscape Master Plan The Town's Streetscape Master Plan does identify East Meadow Drive and Village Center Road within the East Meadow Drive -Willow Bridge Road to Vail Valley Drive portion of the Town of Vail Streetscape Master Plan. The Plan identifies the following problems with the existing conditions within this sub-area: • The need to separate buses from pedestrians; • The need to provide a more comfortable shopping experience; • The need to restrict unnecessary vehicular traffic; • The need to maintain access to existing lodge units; and • The need to screen parking and accommodate loading and delivery vehicles. The Plan also identifies several key elements, landscaping, and site amenities for the East Meadow Drive -Willow Bridge Road to Vail Valley Drive sub-area which include: The asphalt road surface would be replaced by concrete unit pavers in most areas where pedestrians share the street with vehicles. In the restricted access zone south of the Village parking structure, the pedestrian path would be paved with concrete unit pavers. However, the bus lane would remain asphalt. Additionally, the Willow Bridge Road street surface, from the north side of Willow Bridge to the intersection of East Meadow Drive, would also remain asphalt. • Replacing the triangular planter at the intersection of East Meadow Drive and Willow Bridge Road with a larger circular planter that is centered in the intersection. In addition, the intersection will be accented with a special paving treatment and will act as a focal point. • Village Center Road would be narrowed fo a minimum width of 28' (curb-to- curb) to discourage unnecessary traffic. Fix to six foot wide concrete sidewalks on each side of the street are planned to connect East Meadow Drive to the Frontage Road. • The railroad-tie planters along the parking lots for Crossroads and the Sonnenalp-Swiss House should be replaced with at-grade planting beds, similar to fhe planting beds along the south side of East Meadow Drive near the Vail Village Inn. • Landscaping is needed along Village Center Road, especially near the Frontage Road, so as to further inhibit vehicular traffic into the pedestrianized areas. • Landscaping, benches and a trash receptacle should be placed at the Crossroad's bus stop as shown on the Master Plan graphic. • Expanding the planter on the south side of the intersection of Village Center Road and East Meadow Drive has been suggested. This would provide better definition to the roadway as well as increasing the landscaped area. • 32 Staff believes the proposal meets the requirements of the streetscape Master Plan. Previously staff identified that there was a lack of landscaping within the proposed public plaza to replace the "at-grade planting beds" identified by the Plan to replace the railroad-tie beds. Staff believes that as the Design Review Board and Staff work with the applicant in the Design Review process that additional landscaping will be added to the plaza as the layout of the plaza becomes more firm. Staff believes that the proposal complies with the recommendations ofthe Vail Village Master Plan East Meadow Drive - Willow Bridge Road to Vail Valley Drive sub-area. The proposal currently proposes to construct streetscape improvements on Village Center Road which includes concrete unit pavers, landscaping, and heat tubing which could eventually be connected to the Town of Vail boiler system. The Public Works Department has identified that in their Master Plans it has never been anticipated that Village Center Road would be heated. Therefore, they believe that the installation of heat tubing in Village Center Road should either not occur and therefore be asphalt instead of pavers or the heat tubing should be hooked up to the Crossroads development. The developer has expressed that they do not desire to connect any heat tubing under Village Center Road to their boiler system. Town staff would request the Planning and Environmental Commission provide input on whether or not heat tubing should be installed or not and if the Town should look at the streetscape heating budget and potentially include this area in the heating budget. Vail Villaae Urban Desian Guide Plan and Desian Considerations Portions of the Crossroads development site fall within the purview of the Vail Village Urban Design Guide Plan and Design Considerations 1. URBAN DESIGN CONSIDERATIONS These considerations relate to general, large-scale land use planning issues, as well as form considerations which affect more than one property or even whole areas. These considerations are primarily the purview of the Planning and Environmental Commission. A. PEDESTRIANIZATION A major objective for Vail Village is to encourage pedestrian circulation through an interconnected network of safe, pleasant pedestrian ways. Many of the improvements recognized in the Urban Design Guide Plans, and accompanying Design Considerations, are to reinforce and expand the quality of pedestrian walkways throughout the Village. Since vehicular traffic cannot be removed from certain streets (bus routes, delivery access), a totally care-free pedestrian system is not achievable throughout the entire Village. Therefore, several levels of pedestrianization have been identified. Staff Response: The Crossroads development site is bordered by East Meadow Drive on the south and Village Center Road to the east. Both East Meadow Drive and Village Center Road are designated as streets intended to accommodate 33 pedestrian and vehicle traffic. East Meadow Drive is also a designated Town of Vail bus route. The applicants are proposing to implement the recommendations of the Town of Vail Streetscape Master Plan. According to the Plan, the Crossroads development site is located in the East Meadow Drive -Willow Bridge Road to Vail Valley Drive Sub Area. The details of the goals in this sub area are identified earlier in this section. The primary goal of the East Meadow Drive -Willow Bridge Road to Vail Valley Drive Sub Area is to provide an effective and safe pedestrian system, while accommodating vehicle and bicycle traffic. The applicant has proposed to install pavers and heat tubing in the right-of- way of Village Center Road and East Meadow Drive. The proposed heat tubing could eventually be connected to the Town's boilers in the parking structure or elsewhere in the area. The applicant has proposed the narrowing of Village Center Road as the Streetscape Master Plan identified to discourage vehicular traffic and make the pedestrian more pleasant and safer. In addition, the applicant has proposed a large plaza with an ice skating ring located within it which would be coordinated in design with the intersection of East Meadow Drive and Willow Bridge Road. The proposed plaza would be heated as well and connected to boilers in the Crossroads development. As identified earlier in this section the applicant has proposed a portion of the building in the southwest corner to be at a 12 foot setback with an actual height of 56 feet. Staff believes this feature will serve an important purpose in the pedestrian feel of the streetscape by providing a "pinch point" between the proposed plaza and the plaza created by Vail Village Inn and the Sonnenalp. Staff believes that the proposed application does comply with this criterion. B. VEHICLE PENETRATION To maximize to the extent possible, all non-resident traffic should be routed along the Frontage Road to Vail Village/Lionshead Parking Structures. In conjunction with pedestrianization objectives, major emphasis is focused upon reducing auto penetration into the center of the Village. Vail Road and Vail Valley Drive will continue to serve as major routes for service and resident access to the Village. Road constrictions, traffic circles, signage, and other measures are indicated in the Guide Plans to visually and physically discourage all but essential vehicle penetration upon the Frontage Road. Alternative access points and private parking relocation, where feasible, should be considered to further reduce traffic conflicts in the Village. Staff Response: The Crossroads .development has proposed a 5 berth loading and delivery 34 facility with access from South Frontage Road. The applicant has stated that they are willing to participate in the overall loading and delivery scheme of the Village. All vehicles utilizing the Crossroads development will park in a subterranean structure which has access off of the narrowed Village Center Road. The proposal includes several items which will help make East Meadow Drive and Willow Bridge Road more pedestrian friendly such as paver colors and treatments and narrowed roads. Neither street is intended to be pedestrian-only. Staff believes that the proposed application complies with this criterion. C. STREETSCAPE FRAMEWORK To improve the quality of the walking experience and give continuity to the pedestrian ways, as a continuous system, two general types of improvements adjacent to the walkways are considered: 1. Open space and landscaping, berms, grass, flowers and tree planting as a soft, colorful framework linkage along pedestrian routes; and plazas and park greenspaces as open nodes and focal points along those routes. 2. Infill commercial storefronts, expansion of existing buildings, or new infill development to create new commercial activity generators to give streetlife and visual interest, as attractions at key locations along pedestrian routes. It is not intended to enclose all Village streets with buildings as in the core areas. Nor is it desirable to leave pedestrian streets in the open in somewhat undefined condition evident in many other areas of Vail. Rather, it is desired to have a variety of open and enclosed spaces, both built and landscaped, which create a strong framework for pedestrian walks, as well as visual interest and activity. Staff Response: The applicants are proposing to improve and enhance the streetscape framework along Village Center Road and East Meadow Drive. To this end, a plan has been proposed that incorporates narrowed streets, pavers with differing colors and patterns and a large plaza within the proposed development. Staff believes the proposed plaza could be very positive for the community. Since the January 18, 2005, Town Council meeting the proposal for the public plaza has been improved greatly. The incorporation of additional plating beds and other features within the plaza have been provided to address the items identified in the criterion above. The applicant as also proposed to install heated sidewalks along the perimeter of the site. Staff believes that the proposed application complies with this criterion. D. STREET ENCLOSURE While building facade heights should not be uniform from building to building, they should provide a "comfortable" enclosure for the street. Pedestrian streets are outdoor rooms, whose walls are formed by the buildings. The shape and feel of these "rooms" are created by the variety of 35 heights and massing (3-dimensional variations), which give much of the visual interest and pedestrian scale unique to Vail. Very general rules, about the perception of exterior spaces have been developed by designers, based on the characteristics of human vision. They suggest that: "an external enclosure is most comfortable when its walls are approximately 1 /2 as high as the width of the space enclosed; if the ratio falls to 1/4 or less, the space seems unenclosed; and if the height is greater than the width it comes to resemble a canyon". In actual application, facades are seldom uniform in height on both sides of the street, nor is this desired. Thus, some latitude is appropriate in the application of this 1/2 to 1 ratio. Using the average facade height on both sides will generally still be a guide to the comfortableness of the enclosure being created. In some instances, the "canyon" effect is acceptable and even desirable. For example, as a short connecting linkage between larger spaces, to give variety to the walking experience. For sun/shade reasons it is often advantageous to orient any longer segments in anorth/south direction. Long canyon streets in an east/west direction should generally be discouraged. When exceptions to the general height criteria occur, special consideration should be given to create swell-defined ground floor pedestrian emphasis to overcome the "canyon" effect. Canopies, awnings, arcades and building extensions can all create a pedestrian focus and divert attention from the upper building heights and "canyon" effect. Staff Response: The configuration of the Crossroads development site and the desire to create a large plaza in the interior largely dictates the orientation of the building and the impacts that result regarding street enclosure. The two street facades of the building are articulated and varied, horizontally and vertically, along the lengths of the building. The applicant has chosen to utilize an 11foot 6 inch floor plate which has the net effect of this building being taller. Staff and the applicant have worked together to address the relationship of this proposal to neighboring properties. Compatibility with adjacent buildings has been accomplished by reducing the pitch of the roof, removing a floor in the building in several locations, changes to the northeast and northwest corners of the building, and the addition of roof features along the western facade. Staff believes that the application complies with this criterion. E. STREET EDGE Buildings in the Village core should form a strong but irregular edge to the street. 36 Unlike many American towns, there are no standard setback requirements for buildings in Vail Village. Consistent with the desire for intimate pedestrian scale, placement of portions of a building at or near the property line is allowed and encouraged to give strong definition to the pedestrian streets. This is not to imply continuous building frontage along the property line. A strong street edge is important for continuity, but perfectly aligned facades over too long a distance tends to be monotonous. With only a few exceptions in the Village, slightly irregular facade lines, building jogs, and landscaped areas, give the life to the street and visual interest for pedestrian travel. Where buildings jog to create activity pockets, otherelements can be used to continue the street edge: low planter walls, tree planting, raised sidewalks, texture changes in ground surface, arcades, raised decks. Plazas, patios, and green areas are important focal points for gathering, resting, orienting and should be distributed throughout the Village with due consideration to spacing, sun access, opportunities for views and pedestrian activity. Staff Response: The Crossroads proposal, as stated previously, includes a large plaza which opens up the pedestrian area at the intersection of Willow Bridge Road and East Meadow Drive. It has been stated by the applicant that it is the intention to make the plaza available to the public and Town for events such as "Street Beat" concerts. Staff believes that the plaza is a great idea. However, staff would like to see a public easement recorded for the space and agreements on the Town's rights to schedule events in the space. The proposed plaza would compliment the eventual construction of the public venue space associated with the construction of the Vail's Front Door project. Staff believes the proposal substantially complies with this criterion. However, details of the public easement need to be clarified. F. BUILDING HEIGHT Vail Village is perceived as a mix of two and three story facades, although there are also four and five story buildings. The mix of building heights gives variety to the street, which is desirable. The height criteria are intended to encourage height in massing variety and to discourage uniform building heights along the street. Staff Response: The applicant is proposing to construct an eight story structure (six stories of residential on top of and set back from the base two stories of commercial). Staff believes that the building has been revised to better compliment neighboring properties as identified in previous portions of this memorandum. As stated earlier in the memorandum, the applicant is proposing to utilize an 11 foot 6 inch floor plates in place of the established 11 foot floor plate. If the Commission agrees with the applicant's reasons for 37 the need of an 11 foot 6 inch floor plate it will become the new standard and • staff believes that the application will comply with this criterion. G. VIEWS AND FOCAL POINTS Vail's mountain/valley setting is a fundamental part of its identity. Views of the mountains, ski slopes, creeks and other natural features are reminders to our visitors of the mountain environment and, by repeated visibility, are orientation reference points. Certain building features also provide important orientation references and visual focal points. The most significant view corridors in the Village have been adopted as part of Chapter 18.73 of the Vail Municipal Code. The view corridors adopted should not be considered exhausted. When evaluating a development proposal, priority should be given to an analysis of the impacted project on public views. Views that should be preserved originate from either major pedestrian areas or public spaces, and include views of the ski mountain, the Gore Range, the Clock Tower, the Rucksack Tower and other important man-made and natural elements that contribute to the sense of place associated with Vail. These views, which have been adopted by ordinance, were chosen due to their significance, not only from an aesthetic standpoint, but also as orientation reference points for pedestrians. Development in Vail Village shall not encroach into any adopted view corridor, unless approved under Chapter 18.73. Adopted corridors are listed in Chapter 18.73 of the Vail Municipal Code. Whether affecting adopted view corridors or not, the impact of proposed development on views from public ways and public spaces must b.e identified and considered where appropriate. Staff Response: The Crossroads development site is not located within any of the Town of Vail adopted view corridors. The projects location adjacent to the South Frontage Road lends the project to potentially affecting only the views of residential unit owners in Phase III of the Vail Village Inn towards the Gore Range; not an adopted view corridor. It is important to note, however, that many of the units in Phase III of the Vail Village Inn currently do not have views of the Gore Range except for potentially the top two floors. The primary views of both the Crossroads development site and Vail Village Inn Phase III is to the south towards Vail Mountain. Staff believes that the application complies with this criterion. H. SERVICE AND DELIVERY Any building expansion should preserve the functions of existing service alleys. The few service alleys that exist in the Village are extremely important to minimizing vehicle congestion on pedestrian ways. The use of, and vehicular access to, those alleys should not be eliminated except where functional alternatives are not provided. In all new and remodeled construction, delivery which avoids or reduces impacts on pedestrian ways should be explored; and adopted whenever practical, for immediate or future use. Rear access, basement and below ground delivery corridors reduce congestion. Weather protection increases delivery efficiency substantially. 38 Below grade delivery corridors are found in a few buildings in Vail Village (Sitzmark/Gore Creek Plaza, Village Center, Vail Village Inn). Consideration should be given to extending these corridors, where feasible, and the creation of new ones. As buildings are constructed or remodeled, the opportunity may exist to develop segments of a future system. Staff Response: The applicant has designed a service and delivery system which will avoid and reduce the negative impacts on the pedestrian ways adjacent to the lodge. As stated previously the applicant has proposed an enclosed 5-bay loading and delivery system which has access off of the South Frontage Road. The proposed design allows for neighboring properties to utilize the facility and eliminates truck traffic on Village Center Road and on East Meadow Drive. The applicant shall be required to participate in the overall loading and delivery plan for Vail Village in a similar fashion as the Willow Bridge project and the Vail's Front Door project. Staff believes that the application complies with this criterion. I. SUN /SHADE Due to Vail's alpine climate, sun is an important comfort factor, especially in winter, fall and spring. Shade areas have ambient temperatures substantially below those of adjacent direct sunlight areas. On all but the warmest of summer days, shade can easily lower temperatures below comfortable levels • and thereby, negatively impact use of those areas. All new or expanded buildings should not substantially increase the spring and fall shadow line (March 21 -September 23) on adjacent properties or the public right-of-way. In all building construction, shade shall be considered in massing and overall height consideration. Notwithstanding, sun/shade considerations are not intended to restrict building height allowances, but rather to influence the massing of buildings. Limited height exceptions may be granted to meet this criterion. Staff Response: The proposal does shade the South Frontage Road to a great extent and for short periods of the late morning it shades Vail Village Inn Phase III. In order to eliminate the shading of Vail Village Inn Phase III the project would have to be pulled much further back from the property line than even just the setback. Staff believes that the extent of the shading and the duration of shade on Vail Village Inn Phase III is minimal and acceptable. A copy of the sun/shade study has been attached for reference (Attachment B). Staff believes that the application complies with this criterion. As previously discussed in this section of the memorandum, staff believes that the application complies with all the goals and objectives of the Vail Comprehensive plan. 39 E. Identification and mitigation 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 Maps, 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 overall aesthetic quality of the community. The proposed site plan shows the building encroaching into the setbacks surrounding the property. The applicant states that the primary reason for this is the proposed creation of a large plaza which will have an ice skating rink during the winter and apop-jet water feature in the summer. Staff previously expressed concerns regarding the "forward looking expression of European alpine heritage and more contemporary forms" (taken from the applicant's proposal document) and how it would compliment the character of the Village. Staff and the applicant have worked together on the architecture of the building and agree that the overall architecture of the building is compatible and consistent with existing buildings in the area, the potential future redevelopment of structures in the area, and the Town's design guidelines. Staff and the applicant agree that any remaining details of the architecture will be worked out with the Design Review Board in the review of the project upon approval of the Town Council. As discussed previouslythe applicant has proposed an ice skating rink/pop jetwaterfeature • within the proposed plaza. Staff agrees that there is public benefit to this proposed use. However, staff believes that in order for the plaza to achieve the maximum value as a public benefit and to offset the deviations proposed staff believes that a pedestrian access easement and usage agreement should be entered into with the developer. The easement and agreements would establish rights for the Town to coordinate potential events on the public plaza. In the absence of such an agreement, the public plaza does not have value as a public benefit. Staff recommends that the Commission requires a condition that would establish an agreement between the Town and Developer regarding the proposed public plaza. Staff believes the proposal complies with this criterion. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The Town of Vail Public Works Department has reviewed the proposed plans for circulation to ensure that it is designed well for both vehicles and pedestrians on and off the site. Following the review of the plans, the Public Works Department forwarded their written final comments in a memorandum, dated January 16, 2006. Many of the final comments are time sensitive actions that can only be accomplished at a later date or are only necessary to address if the applicants receive approval of this request. To require full compliance at this time would thus be inappropriate. A copy of the memorandum with the final written comments from the Public Works Department has been attached for reference (Attachment G ). The traffic report submitted by the applicant depicts overall intersection levels for existing 40 and future service being maintained at a Level Of Service (LOS} A. However, two individual turn movements within the intersection have decreased their level of service. More specifically the north bound left off of Village Center Road onto the South Frontage Road has decreased from a LOS of C to a D and the west bound left from South Frontage Road onto Village Center Road has decreased for a LOS of A to B. The overall impact on Village Center Road's north bound left turn lane is a queue increase of 25 feet in length to 50 feet in length. Staff believes that it will be imperative to assess the applicant a fee of $5,000 per additional peak PM trip generated by this project should it be granted approval. The traffic report identifies that there is a net increase of 68 PM Peak Hour trips for the Crossroads project. At $5,000 per net trip this results in an impact fee of $340,000. This impact fee can be offset by any proposed improvements to the South Frontage Road and intersection of Village Center Road including, curb and gutter, drainage improvements, paving improvements, removal of right turn lane, new median improvements, sidewalk improvements, etc. To address the concerns of circulation of pedestrians and vehicles and the conflicts that are present between the two, the applicant has proposed improvements to Village Center Road and East Meadow Drive which make the area feel more pedestrian oriented and restricts errant vehicular traffic from finding its way into the pedestrian area by narrowing the roads. The proposal will also improve loading and delivery traffic in the area. The proposal also includes a fully enclosed 5 berth loading and delivery facility with access off of the Frontage Road. Currently, there is a fairly high volume of loading and delivery vehicles on Village Center Road and East Meadow Drive. The applicant has expressed that they are willing to be a member of the overall loading and delivery system which currently has participation from the eventual Vail's Front Door facility and the One Willow Bridge project facility. Staff recommends that through a developer improvement agreement that the 5 berth loading and delivery facility is made available for inclusion in the overall Town of Vail loading and delivery system which may include the establishment of an easement. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The applicant has proposed a large plaza along East Meadow Drive which contains an ice skating rink in the winter and apop-jet water feature in the warmer months. The proposed plaza has been reworked to include greater landscaping than in previous submittals. The planter bed locations and the landscaping to be planted in each will be carefully selected in order for the retail to be as visible as possible. The applicant's proposal complies with the landscaping minimum requirements as depicted on the landscaping plan. Since the Commission last saw the applicant's proposal focus has been placed upon the landscaping plan and incorporating the appropriate scale of landscaping upon the plan. The current landscaping plan includes a variety of plants. In order to mitigate the proposed height of the structure the plan includes numerous evergreen trees ranging from heights of 20 feet to 40 feet. Staff believes that the changes are an improvement which now makes this proposal comply with this criterion. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. 41 The applicant is proposing to construct the project in one phase and a subdivision of the property will be necessary to facilitate the development of the Crossroads project. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions to the Vail Town Council of the development application to establish Special Development District No. 39, Crossroads, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Staff's 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, with conditions of the applicants' request, staff recommends that the following findings be made as part of the motion: Special Develooment District No. 39. Crossroads "That the proposal to establish Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of fhe 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. With regards to proposed building setbacks, that: a. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. b. Proposed building setbacks comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. c. Proposed building setbacks will provide adequate availability of light, air and open space. d. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. e. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. With regards to proposed building height, that: a. Proposed building heights comply with applicable elements of the Vail Village Master Plan. b. Proposed building height will adequately preserve views of the Gore Range from East Meadow Drive. c. Proposed building height will provide a compatible relationship with buildings and uses on adjacent properties. 42 d. Proposed building height will result in creative design solutions or other public • benefits that could not otherwise be achieved by conformance with prescribed height standards. e. Proposed building height of 99.9 feet, was mitigated by the proposed public benefits, of which the provision of a public plaza on the site per the Town's Master Plans was the most offsetting element. That the proposed gross residential floor area of 173.6% of lot area, additional twenty- two dwelling units over allowable (at 26.1 units per acre total) and site coverage of 107, 772 square feet (93.6%) in the Commercial Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development is in compliance with the purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." That the submitted Environmental Impact Report for the Crossroads Redevelopment dated December 2005 addresses all aspects of potential concern. Should the Planning and Environmental Commission choose to recommend approval the applicant's requests, staff recommends the following conditions: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of _ Special Development District No. 39, Crossroads: The Developer shall prepare a written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. 2. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department. 3. The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 4. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the lodge and enclosed and visually screened from public view. 43 5. The Developer shall submit a comprehensive sign program for review and approval • by the Design Review Board. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 2. The Developer shall addresses the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 3. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. The Developer shall address the following conditions of approval prior to requesting a temporary certificate of occupancy or a final certificate of occupancy; The Developer shall be assessed a traffic impact fee of $5,000 per net trip increase in p.m. traffic, or $340,000. The construction of the South Frontage Road improvements by the Developer, as indicated on the Crossroads Public Improvements Plan, shall satisfy this requirement. 2. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 3. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer 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, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 4. The Developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of six (6) beds 44 generated by the redevelopment of Crossroads, and that said deed-restricted employee housing. shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Crossroads project. The required Type II or III deed-restricted employee housing units will be regulated by the Town of Vail Employee Housing requirements (Chapter 12-13). The applicant shall purchase and deed restrict the employee housing beds prior to requesting a temporary certificate of occupancy. The units purchased must be approved as acceptable by Town staff and deed restricted as Type II or III units depending on the zone district in which they are located and by the appropriate review process. The developer shall have the right to participate in any pay-in-lieu program, if one is established by the Town, if he/she so chooses. Participation in a pay-in-lieu program shall occur prior to requesting a temporary certificate of occupancy. 5. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space maybe utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices maybe allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. X. ATTACHMENTS • A. Vicinity Map B. Reduce plans of the proposal dated March 28, 2005 C. Crossroads Redevelopment: Applications for Special Development District. Text Amendments. and Conditional Use Permit Dated December 12, 2005 D. Environmental Impact Report for Crossroads Redevelopment: Special Development District and Conditional Use Permit Applications dated December 2005 E. Vail Village Master Plan: Conceptual Building Height Plan F. Vail Village Master Plan: Land Use Plan G. Public Works memo dated January 16, 2006 H. Public Notification I. Letters from Public 45 w M ~ H ~ V ~ L 3 ~ a H ' ~ ~ ° 0 ~ N M N N o °' _ ~ ~ y ' ~ Q ~ tQ c o • _ N ~, >~. t0 p •~ V , ~•+ ~ 1 ~ ~ ~- o ~_ ~ ~ U ~ O ~ 3 ~ ~ as ~ Z ~ o ~' { ~ W O ~ 1 ~ ~ i yS ~, ,. O = ~ ~ ~~' ~ L C • . ~ ~ c ; H ~ C x a ' ,~ ~w '' j '~ ~^,'1 w~ i ~.+ r , ' ~,~ H !C t1 ~ ~ °~ fk~ ~a ~.. ~ u~~ O H s •. {~ r~ ~ t . a ~ ' . ~~~ Fy ti~7 { t ~9. R,lv~'L +F ~I ~ f~~~i~~si . ~ fix. ~G = 4 r .a ~ .r ' , ,,_ t .'. f f ~ ~ r,, i w;, r .. ~,` ~~ "&~ ~ .~ ;d~, ~~~~~ ~' ~~ ~ . ~ ~~~ ~ ,~_.,, ~. F = $ ~ `~y ~. shy Fo E t+ ~ ,, ~ ~ ~~'`~ ~> N- ~o ~ ~, ,, ~ttr ;~ .::.;:- € ~~ ~ '~W ~ .~. ~, ~ ,.~ °o ~~ ~w_~ ~:: F ~ ~ •~tb LL ' t'y 1~ . ~y ' j'L'f!.~L ~ ~ ~,~ r ""~b~ .. ~ ~ T ~ f ~r s . teM A. 'try ~ r ~. ~ c ,~ ~1.M~ ~ ~ ,~ 1. ~ ~ ; t 1. yam.. ~: ,, , , ~ rt ~ °,~ ~ ` +~,~ ~, ~ ;;., e ,~;~ ~'~- w i Attachment: A ~~" ~ ~ ~ ~i J~~ _,~ ;_. . ~_ :~ _! w i x S~ Pc° ;5 J~ Nm o~ ~~ m~ ~ vgg i3 ;.a ~_~ $~ ~~~ ~ ~~ w=~ ~$ ~ Attachment: E ~I ~: ~. • .J w ~ ~ ~ ~ ioo ~J Attachment: F MEMO To: Warren Campbell, Senior Planner From: Tom Kassmel, Town Engineer Re: Crossroads Redevelopment-Public Works Comments Date: O 1-16-06 After a review of the submittal of the Crossroad redevelopment plans, the Public Works Departments finds the following issues that will need to be addressed prior to final approval. The following outlines comments that will need to be conditions of approval of PEC. Public Works conditions of approval: Final Civil Engineering drawings and Final Drainage Report must be approved prior to Building permit submittal and meet all Town codes and standards. An additional 2 to 6 month review and comment period will be required for this submittal. 2. The access off the S. Frontage Rd. is key to this development. A C-DOT access permit shall be approved by CDOT prior to Building permit submittal and shall be a condition of PEC approval. If changes to the PEC approved plans are required • by C-DOT to facilitate an Access Permit the applicant will be required to return for an amendment to the PEC approved plans. 3. Prior to submittal of building permit CDOT shall have approved the construction drawings for the S. Frontage Rd. 4. Village Center Road shall be graded with a normal crown. 5. The plaza grading shall match the proposed East Meadow streetscape plans grading currently be designed by the Town of Vail. This may require an elevation change of the plaza. Please coordinate with the Town of Vail. 6. The alignment of East Meadow drive maybe required to shift to the north at the intersection of Village Center Rd. as a result of improvements being proposed by Village Center. Please coordinate with Village Center and Town of Vail. 7. Applicant shall be responsible for the complete design and construction of the roadway improvements as shown on the Crossroads Public Improvements plan . dated 12/12/05 and also the complete design of the remainder of Willow Bridge Rd. going south to the International Bridge, excluding but matching those improvements being designed and constructed by One Willow Place Road. This includes streetscape, heated sidewalk and streets, landscape, planters, lighting, irrigation, signage, and storm drainge improvements on Village Center Rd., East Meadow Drive, Willow Bridge Rd., and the South Frontage Rd. 8. The heated streetscape proposed within the public ROW shall be constructed, operated, and maintained by Crossroads as delineated in the plan dated December 12, 2005. The heated improvements proposed to be constructed on Village Center Rd. will be a benefit to the snow maintenance of Village Center Rd., however currently it is not within the Town's plan to pay for the construction of a boiler Attachment: G plant of this area nor is it within the Town's plan to pay for its operation and maintenance. This will require further commitment from the Town once these improvements are constructed. If the Town does not commit to paying for the said improvements or operations, it may be beneficial to leave this street as asphalt pavement. Non-heated brick pavers on this stretch of steep roadway will be required to be plowed regularly and will cause significant damage to the pavers. 9. A11 private improvements within the public ROW, including any temporary shoring that is to remain in place, will require a Revocable ROW permit. 10. All shoring walls shall remain within the private property limits. 11. The proposed drainage system along the S. Frontage Rd. shall be coordinated with Vail Plaza Hotel and tied into the Vail Plaza hotel proposed storm sewer system. 12. All grading and drainage for parking structure is required to be shown. Provide a sand/oil separator. 13. A Traffic impact fee of $5000 per additional pm peak trip generation (68 trips @ $5000 = $340,000) shall be assessed to the developer and held by the Town of Vail to implement a future traffic solution east of crossroads that facilitates traffic and U-turn movements. 14. All necessary easements, agreements, bonds, and permits must be in place prior to building permit submittal. (i.e. construction easements on adjacent properties, utility easements, pedestrian easements, drainage easements, access easements, revocable ROW permit, ROW permit, etc...) 15. An excavation shoring plan shall be required to be approved prior to Building • permit submittal. This shall include cross sections, profiles, and plans showing all conflicts and nail locations. It should be noted that any encroachment into CDOT ROW (i.e. shoring) will require their approval and may include, a lease agreement, permit etc... 16. The developer shall be responsible to construct all necessary storm water improvements in order to convey all contributing on-site and adjacent off-site drainage to gore creek. 17. The open plaza should be dedicated, similar to the Lionshead Core Site Pedestrian Plaza as a public access easement. 18. The developer shall incorporate Art in Public Places and coordinate with AIPP for implementation. 19. The loading and delivery facility shall be made available to provide capacity to other sites. This will require easy access from the delivery facility, down a service elevator, then direct access to the plaza level, an easement for this access will be required. 20. A stormwater discharge permit and erosion control plan will be required prior to building permit approval. 21. An approved staging plan, phasing plan, and construction schedule shall be required prior to Building Permit approval. • / ~~ ~.~~~~~ . THIS ITEM MAP BL C NOTIOER PROPERTY NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on January 9, 2006, 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 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck and patio within the side and rear setback, located at 324 Beaver Dam~Road/Lot 19, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0092) Applicant: Peter Kalkus Planner: Bill Gibson An appeal of an administrative interpretation, pursuant to Section 12-3-3, Appeals, Vail Town Code, for clarifications to the provisions of Chapter 12-15, Gross Residential Floor Area, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special Development ~~ 8' ,~ District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use m~`r~a-~° development; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing -r 1, and setting forth details in regard thereto. (PEC05-0093) ~ Applicant': Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell A request for conditional use permits, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code to allow for, a major arcade; a theater, meeting rooms, and convention facilities; multiple-family dwellings and lodges; a private club (parking club); a bowling alley; and the outdoor operation of an accessory uses (ice skating rink) located at 141 q. and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0094) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell A request for text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code to Section 12-2-2, Definitions, Vail Town Code, to define a bowling alley and a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for a bowling alley as a conditional use in the Commercial Service Center zone ;,.w district; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0095) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner. 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L~ ' Applications for Special Development District, Text Amendment, and Conditional Use Permit December 12, 2005 Mauriello Planning Group Attachment: C • • Owner and Consultant Directory Owner/Applicant: Peter Knobel Crossroa~-1~ E.;st Onr~, LLC 143 East Nleaaaw Drive Vail, CO 81620 r;ivil Engineer JR Engineering 2620 East Prospect Road, Suite 190 Fort Collins, CO 80525 970-491-9888 Planning, Mauriello Planning Group, LLC PO Box 1127 Avon, CO 81620 970-748-0920 Design .A: chitect Barnes Coy Architects PO Box 763 Bridgehampton, NY 11932 631-537-3555 Production Architect Davis Partnership 0225 Main Street, Unit C101 Edwards, CO 81632 970-926-8960 Traffic Consultant Fox Higgins Transportation PO Box 19768 Boulder, CO 80308-2768 303-589-9011 Revenue Consultant Steve Thompson Innovative Financial Strategies 34215 Highway 6, Suite 205 Edwards, Colorado 81631 970-926-0818 Construction Management English & Associates, Inc. 12 Vail Road, Suite 700 Vail, CO 81657 970-479-7500 :] • Table of Contents Chapter Pale I. Introduction 1 II. Existing Conditions 4 III. Detailed Project Description and Zoning Analysis 9 A. Project Site and Ownership 9 B. Proposed Uses 9 C. Building Design 10 D. Commercial Floor Areas 11 E. Residential Floor Areas 11 F. Parking 11 G. Parking Leasing 12 H. Access and Circulation 12 I. Loading and Delivery 13 J. Density 13 K. Building Height 13 • L. Setbacks 14 M. Site Coverage 15 N. Landscape Area/Streetscape 15 O. Employee Housing 16 P. Text Amendment for Bowling Alley 17 Q. Off-Site Public Improvement Plan 17 R. Condominium Rental Program 18 IV. Public Benefits of Project 21 V. Special Development District -Standards and Criteria 22 VI. Conditional Use Permit -Review Criteria 27 VII. Text Amendment for Bowling Alley -Review Criteria 30 VIII. Comprehensive Plan Goals and Direction 32 L' a • ' I. Introduction A. Summary of Request "Bringing people back to Vail" is a slogan the project team developed early during the brainstorming of the program and design of the Crossroads redevelopment plan. That statement truly reflects what this plan will achieve for the Town of Vail. In considering the numerous development scenarios for this site, the owner envisioned a project that gives back to the community by providing uses, spaces, and facilities that are needed to spark the economy of the Town and which might not otherwise ever be developed unless funded by the Town government. This exceptional project will act as an anchor within the Vail Village and will attract locals and guests year-round resulting in a vibrant retail experience throughout the East Meadow Drive area and the village as a whole. The proposed project will generate millions of dollars in property and sales tax revenues for the Town coffers. We believe the old saying "if you build it they will carne" describes exactly what this project will do for Vail. This proposed reinvestment in the Vail Village will also help Vail compete with other local and regional resorts that are spending tens of millions of dollars to update and redevelop. These significant improvements to the economy and infrastructure of Vail will help Vail and the ski area maintain its ~1 ranking as a ski destination. • The Crossroads redevelopment project is being submitted as a Special Development District (SDD) to implement "creativity and flexibility" as stated in the purpose of an SDD. The proposal removes one of the Town's largest eyesores and replaces it with world-class architecture and a list of public amenities and benefits that is not rivaled by any other project in the Town. The public amenities and benefits include: • Outdoor Ice Skating Rink for public skating in winter/water-recreation feature in the spring and summer months; • New public plaza of '/z-acre (24,000 sq. ft.) in the heart of Town for public gatherings and events that occupies approximately 20% of the property; • Public accessible restrooms at the pedestrian level; • 46,692 sq. ft. of new high quality retail and restaurant space at the pedestrian level and one floor above; • 3-screen state of the art movie theater; • 14,396 sq. ft. sports cafe/arcade and 10-lane bowling alley; • Crossroads Redevelopment Mauriello Planning Group, LLC • • Relocated loading and delivery docks (Frontage Road access) available to adjacent properties; • New streetscape and pedestrian improvements on all sides of site including landscape medians in the South Frontage Road; • Buffering of I-70 highway noise from the pedestrian areas south of the project. The project also includes the construction of 65 to 73 residential dwelling units (depending on final unit configuration, but with no change in GRFA) in a world-class structure where the building mass and height is concentrated along the South Frontage Road in what appears as a series of buildings. This project is giving the Town the opportunity to reverse the downvalley trend and bring locals and ~Tuests h4c',. to Vail. This can be achieved without the Town spending a dime. This is the first project in Vail that truly gives back to the community more than it takes. C Crossroads Redevelopment Mauriello Planning Group, LLC • • II. Existing Conditions A. Zone District The Crossroads property is zoned Commercial Service Center (CSC). The Crossroads property is the only site in Town that was originally zoned CSC in 1969 (later the Gateway Building and the West Star Bank Building were rezoned CSC, both are SDD's). The CSC zone district was created in 1969 (Ordinance No. 7) and was amended in 1973 to read as it does today. The zone district, as with the property itself, has not been updated in over 30 years. Subsequent to the zoning of the Crossroads property in 1990 the Town adopted the Vail Village Master Plan. The master plan recommended uses and intensity of uses exceeding that of the zoning on the property. For example, the master plan recommended that three-quarters of the Crossroads property be developed as High Density Residential and one-quarter of the property be developed as Mixed Use commercial. The plan also recommended buildings heights at 5-6 stories along the South Frontage Road and 3-4 stories along Meadow Drive. The CSC zone district was never amended to reflect these recommendations of the Master Plan. The proposed Crossroads project implements these policies rather than blindly following the outdated development parameters of the CSC zone uistrict. • The proposed project maintains the underlying zoning but utilizes the creativity and flexibility vested in the Special Development District to encourage and permit deviations from the underlying district in light of the public benefits being proposed and in light of the direction provided in the Vail Village Master Plan. B. Existing Development and Uses The Crossroads property was originally developed in the 1970's as a mixed use commercial and residential development. The current uses on the site generate a total of $180,000 in annual property tax. The following is breakdown of the current uses on-site: • 43,653 sq. ft. retail/restaurant/bar • 6,295 sq. ft. in two movie theaters • 13,520 sq. ft. office space • 106 surface parking spaces • 92 structured parking spaces • 22 Condos • Crossroads Redevelopment Mauriello Planning Group, LLC i Existing Eave Line at 4f' r ~ U Existing Peaks at 50' • C~ Existing West Building Fronting Meadow Drive '.1 s~~. :~ ~, Existing North Building and Parking Lot I Crossroads Redevelopment 7 Mauriello Planning Group, LLC • n U • Crossroads Redevelopment Mauriello Planning Group, LLC Existing Frontage Road Elevation ~ ~ ~ Local delivery trucks that can be removed from street III. Detailed Project Description and zoning Analysis A. Project Site and D~~nership The Crossroads property, located at 143 East Meadow Drive, contains 2.643 acres of land. The site is bounded on the north by the South Frontage Road and I-70, an the east by Village Center Raad, on the. south by East Meadow Drive, and on the west by the Vail Village Inn. The site is now owned by two LLC's managed by Peter Knobel. All of the condominiums are either awned by the applicant or are under contract for sale to the applicant. B. Proposa~d Usr's The plan was developed as a package that provides substantial benefits and revenues to the Tawn, needed outdoor plaza and gathering spaces, and entertainment uses that create excitement and activity within the village. The following is a breakdown of the proposed uses (approximate): • + 39,251 sq. ft. of retail area an pedestrian level and one floor above; • 7,441 sq. ft. of restaurant and bar area on pedestrran level and one floor above; • 14,396 sq. ft. of arcade and 10-lane bowling alley; • 11,500 sq. ft. of theater space with 3-screens and 396 seats; • 24,000 sq. ft. plaza with winter ice rink and summer water feature; • 65 to 73 dwelling units containing 198,767 sq. ft. of C;RFA. fi • Crossroads Kedevelopment Mauriello I'lannin~ Group, LLC example o1~Ketail Character ~~ • The following is the list of uses as characterized by the CSC zone district: • Retail Shops • Restaurant • Bars and Nightclubs • Professional Offices • Outdoor Skating Rink • Bowling -Alley (text amendment) • Movie Theaters • Meeting Rooms • Multiple Family Residential • Private Parking Club Use by Right Use by Right Use by Right Use by Right Accessory Use Conditional Use Conditional Use Conditional Use Conditional Use Conditional Use C. Building Design C7 The proposed architectural theme of the building has been re-designed based on comments received through the planning process. Since the Planning and Environmental Commission unanimous vote (April Z5, 2005) to recommend approval of the proj~.~rt the building mass and design has been further reduced and refined. The GRFA proposed is approximately 12,000 sq. ft. less than the Apri12005 plan. We believe the changes have improved the overall project design. The proposed building design and materials were developed with careful consideration of the alpine mountain environment, location of the property on the periphery of the village and bordering Interstate 70, and the high quality of architectural treatment that the town strives for. The design is characterized as a forward looking expression of European alpine heritage and more contemporary forms. Images of lodges, ski chalets and village centers of Austria and Switzerland, that hold such timeless beauty and charm, gave inspiration to the appearance of the project. The vernacular of the project reflects features of craftsman revival style. Architectural details yield the look of handcraftsmanship; exposed beams, rafter tails, log columns, and braces turn construction details into built-in ornamentation that tie the design back to the earth and to the history of the Iog and timber architecture of the west. One important aspect of this building includes simple roof forms that are oriented north south, thus breaking the overall massing into a collection of smaller forms. The continuous movement and undulations of the ground plane and facade create visual appeal and are sympathetic to the scale of a mountain village. Crossroads Redevelopment Mauriello Planning Group, LLC 10 D. Comfsi~~rcial Flcor,4reas The commercial floor area can be di~~ided into six categories: retail, restaurant, bowling/arcade/sports bar, and theater. The gross floor areas are approximately: Ketail: 39,"?51 sq. ft. Kestaurant/Bar: 7,441 sq. ft. Sub-total 46,692 sq. ft. Theaters (including concessions, restrooms, BOH): 11,500 sq. ft. Bowling/Arcade: 14,396 sq. ft. Sub-tot::l 25,896 sq. ft. `Total Gross Floor Area (excluding circulation) 72,588 sq. ft. E. Residential Floor Areas The gross residential floor area cif the site which. does not include common areas such as circulation, parking, and pool areas is approximately 198,767 sq. ft. (a reduction from April 2005 approval by PEC). The residential floor area will remain the same • while the numbe,r.of units will depend on final unit configuration and layout. Kesidential floor area~is an area of deviation from the underlying zoning however is consistent with the designation of High Density Residential per the Vail Village Master Plan adopted ?0 years after the zone district was established. F. Parking Below is a table dc~'cumenting the parking requirements for the proposed Crossroads redevelopment. The proposed development plan includes a total of 334 parking spaces to meet the parking requirements of the project including the 93 space private parking club. • Crossroads Redevelopment Mauriello Planning; Group, LLB: • • Use # of Units/Sq. Ft. Code Ratios Total Dwelling Units 73 1.4 102.20 Retail (net 90%) 35,326 0.0023 81.25 Theater seating 3,397 0.006060606 20.59 Restaurant seating 7,441 0.004 29.76 Bar seating 2,232 0.004 8.93 Arcade/Bowling 4,735 0.0023 10.89 Total 253.62 5% reduction 12.68 Net Required Parking ~ 240.94 Parking Provided 334.00 Parking Club Parking ~ 93.06 Note: Parking Calculation assumes 73 units as the worst case scenario. The parking lot will be operated with a fee structure that will allow the public to park on-site. This private parking facility will essentially free up parking within the municipal parking structures thus improving the Town's ability to accommodate skier and Vail Village parking. G. Parking Cluh . The owner of Crossroads will utilize the surplus parking spaces provided on-site as part of a parking club where parking spaces will be leased and/or sold. It is anticipated that owners within the building will purchase additional parking spaces as well as other owners of property within the area. As currently planned the parking club will utilize all of the parking not required for the planned uses on the site. Similar to other parking clubs in the Town, these parking spaces will allow persons who would have otherwise parked within the public parking structures, to park at Crossroads. The net impact will be to decrease demand on the Town's facilities. In any case, since the club spaces are in excess of the Town's requirements, the club will not impact the ability of the proposed uses to have adequate parking. H. Access and Circulation The primary vehicular access point for the project is located along Village Center Road near the current curb-cut. The street alignment, grades, and stacking space are drastically improved over the existing condition. There is a pone cochere for the residential condominiums accessed from the South Frontage Road for dropping off and picking up of guests. According to the traffic report provided, the adjacent roads ways will still operate within acceptable levels of service. • Crossroads Redevelopment Mauriello PIanning Group, LLC 12 • • I. Loading and Delivery The Zoning Regulations require a certain number of loading berths be provided based on the uses being proposed. For amixed-use facility such as the Crossroads redevelopment project, the maximum number of loading spaces that the regulations require is five loading berths. The proposed plan provides five formal loading berths and opportunity for 1 additional UPS style loading spaces within the porte cochere. All of the loading for the site is accessed directly from the South Frontage Road per the Vail Village Master Plan direction and Town policy. The entire loading facility is enclosed thus reducing the noise of trucks being unloaded and eliminating any visual concerns. The loading and delivery facility will operate as part of the overall Vail Village dispersed loading program. J. Density Density is expressed as the number of residential dwelling units per acre of land. The proposed development plan includes 69 residential units (76 units in April 2005 PEC approval) but the requested density is range from 65 - 73 without changing the GRFA. That results in a proposed density of 27.6 dwelling units/acre (assuming 73 units are constructed). '1 he CSC zone as currently codified district allows 18 dwelling units/acre (the Vail Village Master Plan suggests the site should be developed at high . density residential). By way of comparison, the CC2 zone district (across the street at Village Center) allows 25 dwelling units per acre, the PA zone district (Sonnenalp) allows 25 dwelling units per acre, the Vail Village Inn underlying zoning allows 25 dwelling units per acre, and the density allowed in Lionshead is 35 dwelling units/acre. The Vail Village Master Plan indicates the Crossroads site as being suitable for high density. This is an area where the proposed plan deviates from the underlying zoning however meets the, intent of the Vail Village Master Plan. K. Building Height The Crossroads redevelopment plan was developed around the idea of creating a large urban plaza in the center of East Meadow Drive. The concept was to extend the intersection of East Meadow Drive and Willow Bridge Road into the Crossroads site in order to provide a venue for community events and gathering spaces for the general public. Additionally, the project was conceived as a retail center and a family entertainment complex. These community aspects of the project have required that the mass of the buildings be forced to the edges of the property on the north, east, and west. The result of creating this large urban plaza is the buildings are taller on the edges of the property. The proposed Crossroads building varies in height on the lower end from 58' at the peak of the building along Meadow Drive (approximately 37' from the eave line). By way of comparison, the existing peak along Meadow Drive Crossroads Redevelopment 13 Mauriello Planning Group, LLC • • is approximately 50' and the eave line is approximately 45'. The perceived height along Meadow Drive will be less than the existing building due to the revised pitch of the roof. The height of the northwest corner of the building closest to the VVI Phase 3 building is proposed at approximately 81.9' from finished grade. By way of comparison, the elevation of the uppermost ridge on the VVI building is 8,251' whereas the ridge of the proposed Crossroads structure closest to VVI is at 8,259.0' for a difference of 8.7'. When you consider that there is an increase of 6' in the based grade along the South Frontage Road from the west side of the Crossroads building and the upper most ridge of the VVI Phase 3 building the actual difference in building height is only 2.7'. The highest peak of the building (the central peak of the building) as measure from finished grade along the South Frontage Road is proposed at approximately 87.57' and the eave line is at approximately 60'. The highest peak on the building measured from historic grade is 99.91' on the central building form. The Vail Village Master Plan supports the concept of allowing taller buildings along the periphery of the Village adjacent to the South Frontage Road. The Town has implemented this concept with its approval of the Vail Plaza Hotel and the Four • Season's project with buildings in the 89' to 99' height range. This is an area where the proposed plan deviates from the underlying zoning but complies with intent of the Vail Village Master Plan. L. Setbacks The building setbacks, as proposed, vary greatly over the site. Setbacks range from 150' along Meadow Drive to 0' in other areas. In order to develop a creative design for this site that responds to the topography and to the adjacent uses and to implement the Vail Village Master Plan policies, the standard 20' was used as a guideline. What emerged from the design is amulti-faceted building without continuous flat or straight walls along any property line. The only portion of the site where there is an adjacent property owner is along the west property line. Great care was taken in this area to provide generous setbacks where adjacent buildings exist especially at upper levels of the building. The other approach that was used on this project was to vary setbacks as the building moves up in height similar to the step- backs found in the Lionshead guidelines. Along the west property line, the proposed plan meets or exceeds the 20' setback except in the area where the loading dock is located. • Setbacks are an area of deviation from the underlying zoning. Crossroads Redevelopment 14 Mauriello Planning Group, LLC ! • . M. Site Coverage Site coverage is a measure of building footprint to total lot area. A strict interpretation of the definition of site coverage would also include improvements located below grade such as structured parking. Under the strict interpretation of site coverage the proposed plan is near 100% building coverage due to the subsurface improvements. If subsurface improvements are excluded and the site is looked at from the pedestrian's perspective the site development is proposed at approximately 67.5% (77,720 sq, ft.). The CSC zone district limits site coverage to 75% of the total site area so the project is well below the standard (due to the extensive plaza space provided onsite). N. Landscape Area/Streetscape The Crossroads redevelopment project is located within the urbanized area of the Town. The site today contains only a minimal level of landscape treatment. The proposed plan was developed with the Town's pedestrianized character in mind and the Town's desire for a large public plaza as expressed in the Streetscape Master Plan and the Vail Viil~~ge lvaster Plan. As such the bulk of the open areas on the site are • high quality hardscape areas rather than landscaped areas. The new Crossroads meets the requirement for total landscape and softscape. • Crossroads Redevelopment 15 Mauriello Planning Group, LLC • :7 O. Employee Housing • The Town of Vail has required the owners of new and redeveloped projects to provide employee housing for the incremental increase in the number of employees generated by a project. The Town, to-date, has never codified this requirement or the formula used by staff to determine the requirement. We have applied the formula traditionally used by the Town staff to this project while taking a credit for the existing uses located on the property. The formula below generates the need for 6 employee beds. The applicant will provide deed restrictions for dwelling units located within the Town of Vail reflecting the required number of beds prior to the issuance of a TCO on the project. For this calculation, the worst case scenario of 73 units was assumed even though the request allows for 65 to 73 total units. • • Retail/Service Commercial Grocery Restaurant/Lounge/Kitchen Night Club Professional/Office Bank Multiple-Family Units Theater'' Proposed Crossroads Development Retail/Service Commercial Restaurant/Lounge Multiple-Family Units Arcade` Theater' Bowling'' Sq. Ft. ~ or ~ Units 22116 6240 5549 7000 13520 2748 ~ 600 ~ ~ Total Sq. Ft. or Units 39,251 9,673 73 ~ 1000 ~ ~ 1000 ~ 1000 ~ Total Net Increase in Gross Employees 30% Reduction FactorlTotal to provide housing for Crossroads Redevelopment Mauriello Planning Group, LLC Formula 0.0050 0.0015 0.0050 0.0050 0.0050 ~ 0.0025 22 ~ 0.4000 0.0050 Gross Employees 110.58 9.36 27.745 35 67.6 6.87 8.8 3 268.955 Formula 0.0050 0.0050 0.4000 0.0050 ~ 0.0050 ~ 0.0050 ~ Gross Employees 196.255 48.365 29.2 5 5 5 288.82 19.865 5.96 16 • P. Text Amendment for Bowling Alley The zoning code does not currently define a bowling alley or list it as a permitted or conditional use in any zone district. The proposal includes an amendment to the Zoning Regulations to provide a definition of a bowling alley and list a bowling alley as a conditional use in the CSC zone district. The proposed definition is as follows: BOWLING ALLEY: A recreation and entertainment facility where the sport of bowling takes place. A bowling alley may also include accessory entertainment facilities and uses such as eating and drinking facilities, retail shops, night clubs, arcade facilities, billiards, ping pong, darts, meeting rooms, and similar uses. Q. Off-Site Public Improvement Plan In addition to the public benefits presented in the following section, a public improvement plan has been provided. This plan clearly delineates the offsite improvements being proposed by the applicant and the financial responsibility for each area shown on the plan. Purpose and Intent: In addition to all of the other public benefits and amenities (i.e., • theater, bowling alley, loading and delivery, ice rink, public plaza, restrooms, improved TOV revenues, etc.) resulting from the redevelopment of the Crossroads property, this document identifies all of the physical public improvements and financial contributions being proposed with the project in its proposed form. Proposed Improvements: 1. Frontage Road Medians -The applicant proposes to design, construct, plant, and install irrigation in the proposed South Frontage Road medians as shown on the proposed Public Improvement Plan, subject to CDOT approval. Once completed and accepted by the Town of Vail, the Town of Vail will be responsible for maintaining the medians and supplying water for irrigation. 2. Roadway Improvements -The applicant proposes to remove the existing turn- lane to Village Center Road and provide curb and gutter along the Crossroads frontage of S. Frontage Road. Additionally, the applicant proposes to narrow Village Center Road, install curb and gutter along the entire Crossroads frontage, provide streetscape pavers, and snowmelt the entire street as shown on the public improvement plan. The heating system will be installed by the applicant but the Town of Vail will provide the heat source and fund the operation of this snowmelt system. See plan for details. • Crossroads Redevelopment 17 Mauriello Planning Group, LLC • i 3. Sidewalks -The applicant proposes to design and construct sidewalks (with • snowmelt) along the Crossroads frontage of Village Center Road and S. Frontage Road as shown on the proposed plan. The applicant will assume the operating cost of snow melting these sidewalks. All sidewalk maintenance will be the responsibility of the Town. 4. streetscape Improvements -The applicant proposes to design and construct the streetscape improvements located outside of the Crossroads property as shown on the public improvement plan. The applicant also proposes to design and install the snowmelt system within the public right-of--way. The Town of Vail will be responsible for the ongoing operation of the snowmelt system and shall provide its own heat source for the system. A portion of the streetscape improvements are within an area of responsibility of the Swiss Chalet/One Willow Place project. The One Willow Place project shall be responsible for paying its required share of these streetscape improvements. Some areas of streetscape improvements encroach upon adjacent properties. If the Town obtains permission for these streetscape improvements on these properties, Crossroads will fund and construct these improvements as indicated in the plan. 5. Crossroads Plaza -The applicant will construct all of the plaza and streetscape imps uverrients shown on the Crossroads property. This plaza will contain a • snowmelt system operated and maintained by the applicant. The plaza and ice rink will be open to public access. 6. Art In Public Places -Upon approval of the Crossroads project by the Town of Vail, the applicant will work with the AIPP board to establish a public art program for the Crossroads project. Some of the public art improvements may be in the form of other streetscape improvements already indicated in the public improvement plan (i.e., paver material and design, benches, water features, light fixtures, etc.). The applicant proposes to fund at least $1.1 in public art improvements. R. Condominium Rental Program Intent: The condominium rental program is being developed by input and direction from Stan Cope who has more than 30 years of experience with successful rental programs. The rental program is focused on three main goals, which have proven successful for Stan at the Lodge Tower, as well as numerous other high quality, tourist oriented properties: 1. Owner asset management; • 2. Owner rental income; and 3. Owner's personal usage and satisfaction. Crossroads Redevelopment 18 Mauriello Planning Group, LLC • When these three goals can be achieved, condo owners in a large condominium projects will rent units voluntarily. Currently, 75% of the units in the Lodge Tower rent and the renting owners yield 63% of the gross rental revenue. In summary, the key to achieving the above goals is to emulate the management of a fine, high quality, luxury hotel. The management program is a hospitality program above all else. On-site management and management offices are a necessity. Top level services need to be provided to renting guests and owners alike. Great service and a first class property will attract the kind of clientele that not only can afford a fine resort but will respect the property of others. Owners become proud of being part of the resort and have confidence that their asset is being well cared for while producing a painless, welcome income to off-set their ownership expenses. The level of service to be offered includes daily or twice daily maid service, 24-hour desk and concierge, bell and valet staff, local transportation service, pre-arrival activity, ski and grocery service and premium rental equipment. An in-house maintenance staff not only quickly provides for guests needs but corrects problems in units before they become a major problem and expense to the renting owner. Owners become confident that their arrival will be hassle free and as enjoyable as a vacationing guest iti spite of a renting guest occupying their unit the night before. The final piece to encourage owners to rent is creating a financial structure that strongly rewards owners that rent. The cost sharing structure between the Homeowners' Association and the Rental Program needs to be an integrated program that equitably balances all of the services being offered to owners and renters alike. Properly and efficiently designed, owners will be financially rewarded for renting instead of carrying the service costs for all owners, as is the case in many condominium hospitality programs. Strategies for successful asset and rental management: Client asset management. Condo owners are reluctant to rent their homes if they perceive that their asset is at risk from damage, theft, or other property degradation. When there is proper staffing to allow for daily inspections of property and proper assurance of damage replacement, condo owners feel more comfortable renting their homes. Crossroads will employ an adequate staff to insure proper property supervision and inspection to the highest level of quality. Daily maid service is made available to owners and automatically provided for guests in order to provide convenient service to the guests as well as a supervision mechanism for the management of the property. If the • property is managed at the highest level of quality then owners feel comfortable Crossroads Redevelopment 19 Mauriello Planning Group, LLC allowing their asset to be utilized. Crossroads plans to manage the property at the highest level of quality with 24-hour on-site management, security, and client services. 2. Client rental income. Condominium management can be an expensive non-deductible expense for condo owners. The Crossroads rental program will be structured similar to that of the Lodge Tower where the overall condominium ownership expense can easily be offset by the income generated by the rental program. Additionally, condominium owners can expect net rental income reaching 63% of the total revenues from renting one's condominium. 3. Personal usage and satisfaction. Probably the most important aspect of a rental program is flexibility. Some owners will purchase a condominium in Vail for personal use as a higher priority to rental income. Having ones home available when one wants to use it is extremely important to the success of a rental program. An owner does not want to feel trapped by committing to certain days or weeks. To create flexibility owners are asked to set aside dates they think they may be in Vail and dates they know they will not. C7wiiers are able to check back frequently with changes to schedules. Additionally, management staff stays in close contact with owners when bookings are being made to make sure the owners usage is not being infringed upon. Based on Stan's experience working at the Lodge Tower, we believe that at least 50 of the 70 proposed condominiums will be successfully rented. This exceeds the predictions utilized in the revenue analysis prepared by Steve Thompson who assumed only 30% of the units would be rented. Amore detailed management program will be developed in the coming months. Key Elements of Rental Program: • 24 hour front desk and concierge • High level of service to unit owners • Fee structure allowing those participating in rental program to offset management and maintenance fees and obtain rental income • Daily maid service available/required • Full-time management/rental staff located on-site • Food service delivery available from on-site restaurants • Full-time on-site security • Active marketing program for rental units locally and nationally • Participation in national condo rental/exchange club • Crossroads Redevelopment ZO Mauriello Planning Group, LLC • IV. Public Benefits of Project As stated ~n the introduction, the list of public benefits being proposed by this project is extensive. Not only are the direct community benefits such as the ice rink and the entertainment complex included in the list, but also the more indirect benefits of redevelopment in and of itself. The list below includes all of the direct and indirect public and community benefits this project has to offer the Town of Vail: • New 24,000 sq. ft. public plaza with winter ice skating/summer pop-jet fountain • Public restrooms at pedestrian level and within garage • New high quality retail and architecture in heart of Vail • Implementation of streetscape master plan recommendations • Enclosed loading and delivery facility for public use • New bus stop • New landscape medians in S. Frontage Road Public Amenities: • 3 screen movie theater with stadium seating • 1C-1a~1~ howling alley and family arcade • $1.1 million in public art Revenue Increase: • Increase in annual revenue to the Town from $179,236 to $1.29 million. • Crossroads Redevelopment 21 Mauriello Planning Group, LLC i • V. Special Development District -Standards and Criteria "The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail compreh°n~ive plan." The following design criteria are used by the Town in the evaluation of a Special Development District. The proposed Crossroads redevelopment plan adequately addresses each of these criteria. Below is a summary of how the project implements each of these criteria. I'~ease note that the entire application and submittal materials for the Crossroads Redevelopment address the criteria below in addition to the summary provided. A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Our Analysis: • The proposed Crossroads redevelopment plan was designed to be compatible with the mountain environment and the new trends alpine architecture. While the site is not located in the area regulated by the Vail Village Urban Design Guide Plan, most of the recommendations and goals of that plan are implemented by the proposed development plan. The site is located on the periphery of the village adjacent to the South Frontage Road. The Vail Village Master Plan recommends taller buildings be concentrated along the Frontage Road and step down toward the village core. The proposed structures follow this guideline. The site is also being redeveloped in the context of recent approvals made by the Town on adjacent sites. The Vail Plaza Hotel and the Four Season projects have both been approved following the same general concept of taller buildings along the Frontage Road. However, the Crossroads project, unlike the other two, focuses more of the building bulk and mass along the Frontage Road in order to maintain a large public plaza (1/2-acre in area) along the south side of the site. The proposed plan provides generous setbacks to adjacent development located to the west of the site and the buildings are oriented to help maintain views in the area. The building was also designed to appear as several building forms. The roof • ridges were turned north south to prevent a long continuous roof ridge running Crossroads Redevelopment 22 Mauriello Planning Group, LLC • • east west across the site which has been fairly common on other redevelopment protects. There are no maJor flat roofs proposed on this structure. The materials are of the highest quality and include Telluride Gold stacked stone, strip sandstone (laid on side), wood-like siding, dark zinc roof and siding elements, timber arches and bracing, rolled logs, heavy deck rails, planter boxes, and proportional glazing. The proposed materials are such high quality that maintenance is minimally required. The building was designed to stand the test of time and to respond to the Rocky Mountain climate and harsh conditions. A statement from the Lionshead Master Plan sums up our belief about new Vail architecture: "the architectural language...should strive to reinterpret its heritage and look to the future, instead of simply mimicking the past." The design of the building also creates an identity to stimulate visual interest and help anchor the East Meadow Drive area of Vail as a sought after destination. The design will help draw people to back to Vail and East Meadow Drive in particular. The proposed development plan is compatible with the area. The site is located across the street from the Sonnenalp redevelopment project and adjacent to the Vail Plaza Hotel redevelopment project. While the proposed building will not be the same scale as the existing three to six-story structures that make up the • remainder of the Vail Village Inn (VVI), the plan recognizes the long-term need to redevelop the remaining portions of the VVI to a scale and quality reflective of current trends. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Our Analysis: The East Meadow Drive area is characterized by residential, lodging, and commercial development. The Vail Village Master Plan recognizes this area of Town as mixed-use commercial and high density residential. The proposed redevelopment plan responds to the uses already developed in the neighborhood and also provides a high quality mix of uses along East Meadow Drive. The proposed project provides an increase in retail and restaurant space, new movie theaters, bowling alley, and arcade which do not exist to this degree of quality in Vail, new public plaza spaces and amenities, and high quality residential development. The proposed uses will anchor this portion of the Vail Village and generate activity that will not only benefit the retail shops at Crossroads but all of the businesses in the surrounding area. The parking provided on this site will generate pedestrian traffic to all areas of East Meadow • Drive and the village core. Crossroads Redevelopment 23 Mauriello Planning Group, LLC • • The proposed project creates a compatible, efficient, and workable relationship with surrounding uses and activities. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Our Analysis: The proposed redevelopment plan meets or exceeds all of the parking and loading standards found in Chapter 10 of the Zoning Regulations. Please refer to other sections of this report and the proposed development plan for details on parking and loading. D. Comb ~ ehetisive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Our Analysis: The proposed Crossroads redevelopment plan complies with all relevant master planning documents and Town policies. The plan also complies with relevant sections of the Urban Design Guide Plan; however, this plan is not applicable to this site. Please refer to section VII of this report for a comprehensive review of the Town's master planning documents and policies that are • implemented by this plan. E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Our Analysis: There are no natural or geologic hazards existing or mapped by the Town on the Crossroads site. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Our Analysis: The Crossroads site has been developed for more than 30 years and therefore there are no natural features on the site and little in terms of vegetation. The proposed project was designed to reflect mountain alpine architecture, the alpine climate, and quality demanded by the Town. The project was also developed around the master plan direction and the community desire to • extend a public plaza into the site. The proposed plan includes a large open plaza (nearly 20% of the area of the entire site). This 1/2-acre plaza will Crossroads Redevelopment 24 Mauriello Planning Group, LLC • • improve the Town's ability to accommodate outdoor gatherings and events. The proposed landscape plan introduces additional trees and vegetation in meaningful locations throughout the site to improve the aesthetics of the site and the surrounding area. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Our Analysis: The Crossroads project has been designed to address three major issues within the Town: availability and adequacy of parking; pedestrian circulation and gathering; and loading and delivery. Along-standing goal of the Town is to remove 1_oading and delivery entering the Crossroads site through E. Meadow Drive and require access directly to the South Frontage Road. The proposed plan includes a new, enclosed loading dock facility that is accessed directly from the South Frontage Road. The loading facility includes five loading berths, the maximum required by the Town Code for amixed-use facility. The loading dock also includes a trash facility for the project. The loading dock provides access to grade on the west side of the site to allow for use by merchants on adjacent sites. • All of the parking for the site is accessed from Village Center Road. All of the parking is located below grade. The control gate for the site is located deep within the garage to prevent cars from stacking into Village Center Road. Cars exiting the facility cue within the parking structure, thus preventing any blocking of traffic on Village Center Road. Additionally, there is a porte cochere along the South Frontage Road for residential guests arriving at the site. The porte cochere will provide temporary pick-up for guests and valet parking. A traffic report is included in the Environmental Impact Report (EIR) for this project. This report indicates that all roadways adjacent to the site have excess capacity upon completion of this redevelopment project. There is no need for major roadway improvements due to the traffic generated for the proposed uses on-site. There is no vehicular access proposed to the East Meadow Drive frontage of the site. The pedestrian improvements associated with this site are extensive. Pedestrian access is provided on all adjacent roadways and between the VVI project and the Crossroads site. The applicant is proposing a significant public plaza on the site that will allow for pedestrian traffic and public gatherings. • Crossroads Redevelopment 25 Mauriello Planning Group, LLC • • H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analysis: The Crossroads project is currently developed with buildings, structured parking, and surface parking. There is very little existing landscaping on the property. The site is located within an urban setting which presents challenges in terms of providing landscape areas and materials. Retail, plaza areas and gathering places, and pedestrian walks all compete with landscape improvements. However, the proposed redevelopment plan for Crossroads provides significant landscape materials in strategic locations which do not interfere with retail store fronts or needed gathering spaces. The proposed hart;... ape areas of the site provide an aesthetic quality not currently existing in the area. The proposed development plan and landscape plan optimize the site as a gathering space, a recreation complex, and as a place to sit and view the surrounding urban fabric. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. • Our Analysis: The project is proposed to be developed in one phase. Permits for demolition and excavation will be pursued prior to a full building permit being issued for the project. A condominium plat will be required prior to CO of the project. • Crossroads Redevelopment 26 Mauriello Planning Group, LLC VI. Conditional Use Permit -Review Criteria Before acting on a conditional use permit application, the Planning and Environmental Commission (PEC) shall consider the factors with respect to the proposed conditional uses of a major arcade, bowling alley, movie theaters, meeting rooms, and multiple-family dwellings: A. 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. Our Analysis: The proposed conditional uses will have little, if any, negative impact on the above referenced issues. The proposed redevelopment plan provides residential density within the urban core of Vail adjacent to the Town's transportation center, along the in-town shuttle route, and adjacent to the South Frontage Road (the major vehicular traffic route through the town). Adequate parking is being provided on the site to serve the uses proposed and help relieve the Town's parking storage at key times of the year. Given the types of uses being proposed there is no impact on the need for schools and parks within the Town. The proposed site for which the conditional uses are being proposed provides extensive recreational amenities including a large public plaza, an outdoor ice rink, a bowling alley, and a recreation and entertainment complex. All of the necessary public facilities are already in place to serve the proposed project as the project is a redevelopment of an urban in-fill site. Any modifications to public utilities or facilities are being accommodated in the proposed development plan. B. 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. Our Analysis: The proposed redevelopment plan will improve the overall traffic and circulation around and on the site. Loading and delivery is being located along the South Frontage Road where it will have the least impact to the pedestrianized areas surrounding the site. Pedestrian safety is being improved with the addition of sidewalks and public plaza spaces. All parking is being located underground and all pedestrian areas are being heated so there is no need for traditional snow removal from the site. The parking areas and access ways are all being developed within the Town's standards to allow for sufficient • flow and maneuverability. Crossroads Redevelopment 27 Mauriello Planning Group, LLC C. 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. Our Analysis: The proposed Crossroads redevelopment plan was designed to be compatible with the mountain environment and the new trends in alpine architecture. While the site is not located in the area regulated by the Vail Village Urban Design Guide Plan, most of the recommendations and goals of that plan are implemented by the proposed development plan. The site is located on the periphery of the village adjacent to the South Frontage Road. The Vail Village Master P'. r~ recommends taller buildings be concentrated along the Frontage Road and step down toward the village core. The proposed structures follow this guideline. The site is also being redeveloped in the context of recent approvals made by the Town on adjacent sites. The Vail Plaza Hotel and the Four Season projects have both been approved following the same general concept of taller buildings along the Frontage Road. However, the Crossroads project, unlike the other two, focuses more of the building bulk and mass along the Frontage Road leaving a large public plaza (1/2-acre) along the south side of the site. . The proposed plan provides generous setbacks to adjacent development located to the west of the site and the buildings are oriented to help maintain views in the area. The building was also designed to appear as several building forms. The roof ridges were turned north south to prevent a long continuous roof ridge running east west across the site which has been fairly common on other redevelopment projects. There are no major flat roofs proposed on this structure. The materials are of the highest quality and include Telluride Gold stacked stone, strip sandstone (laid on side), wood-like siding, dark zinc roof and siding elements, timber arches and bracing, rolled logs, heavy deck rails, planter boxes, and proportional glazing. The proposed materials are such high quality that maintenance is minimally required. The building was designed to stand the test of time and to respond to the Rocky Mountain climate and harsh conditions. A statement from the Lionshead Master Plan sums up our belief about new Vail architecture: "the architectural language...should strive to reinterpret its heritage and look to the future, instead of simply mimicking the past." The design of the building also creates an identity to stimulate visual interest . and help anchor the East Meadow Drive area of Vail. The design will help draw people to back to Vail and specifically East Meadow Drive. Crossroads Redevelopment 28 Mauriello Planning Group, LLC . The proposed development plan is compatible with the area. The site is located across the street from the Sonnenalp redevelopment project and adjacent to the Vail Plaza Hotel redevelopment project. • C Crossroads Redevelopment 29 Mauriello Planning Group, LLC • VII. Text Amendment for Bowling Alley -Review Criteria Before acting on a text amendment to the Zoning Regulations, the Planning and Environmental Commission shall evaluate the following criteria: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations. Our Analysis: The proposed amendment will allow bowling alleys to exist within the Town of Vail. Bowling alleys are common within most communities and should be accommodated within the Town of Vail. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. Our Anal~-sis: • The proposed amendment will allow bowling alleys to be considered subject to a conditional use permit within the CSC zone district. The Vail Land Use plan specifically recommends the establishment of "entertainment facilities" within the Vail Village to promote evening activities. The proposed amendment is consistent and compatible with the Zoning Regulations and the Land Use Plan. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable. Our Analysis: This criterion is not applicable to the proposed amendment. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Our Analysis: The proposed amendment will allow bowling alleys to be considered subject to a • conditional use permit. The text amendment will allow the PEC to evaluate the Crossroads Redevelopment 30 Mauriello Planning Group, LLC • relationship of the proposed bowling alley with respect to adjacent uses and the • Town's development standards. The proposed amendment will allow for a harmonious, convenient, and workable relationship among land use regulations. • • Crossroads Redevelopment 31 Mauriello Planning Group, LLC • • The Town's master planning documents have been analyzed with respect to the proposed redevelopment project. Below is a list of the Town's guiding documents followed by a list of goals and objectives that are consistent with the proposed redevelopment plan. Items listed in italics are of particular importance to the proposed redevelopment plan. VIII. Comprehensive Plan Goals and Direction A. Vail Land Use Plan 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a b~,l~nce between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. • 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.5 Commercial strip development of the Valle}~ should be avoided. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more effectively. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational and cultural opportunities to • encourage summer tourism. Crossroads Redevelopment Mauriello Planning Group, LLC 32 • • • 2.S The community should improve non-skier recreational options to improve year- round tourism. 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3. S Entertainment oriented businesses and cultural activities should be encouraged in the core areas to create diversity. More night time businesses, on-going events and sanctioned "street happenings"should be encouraged. 4. Village Core/Lionshead 4.1 Future commercial development should continue to occur primarily in existing conanaercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. • 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality). 5. Residential S.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. • 5.5 The existing employee-housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Crossroads Redevelopment Mauriello Planning Group, LLC 33 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. • • Crossroads Redevelopment 34 Mauriello Planning Group, LLC i i '~ • • B. Urban Design Guide Plan -Limited Applicability The VVMP designates those areas that are subject to the Urban Design Guide Plan. As shown on the map below, only the frontage (first 10' or so) of the Crossroads property is subject to the Urban Design Guide Plan policies. ~~a~~ft~~~'is>A~~~~~~~t~~>tllf~lWll~lll~~f~~1~ ~ _ y "' -: ~ ~ ~ _ t~ -- ~ , tiv .~~. ~ -- - . , u.... ,. "~,-1 o„~,.. .....,... r r -- ~ _-•a_1 -~ ~ - _ ___ ~~2. . ' j'.~~ Cr~s~roads ;~". ~ as : t ~ ~ 4 ~~~ •, ~ w ,,.~ `,~-+~` ;.j r.w.r. »~ ~ ~ ~ , ~i. ~" ..~ r - - - ~~~ Crossroads Redevelopment Mauriello Planning Group, LLC ___W Area Included in Urban Design Guide Plan ~< ;'d ~:- ~~~ ~.... 35 I Master Plan Terms I C. Vail Village Master Plan (WMP) The Vail Village Master Plan was adopted in 1990. The plan is intended to guide the Town in developing land use regulations and policies for coordinating development by the public and private sectors. The Master Plan taken as a whole is a general guide for development and redevelopment activities in the Vail area. 1. Land Use Plan The Land Use Plan found in the VVMP recommends mixed-use commercial and medium/high density residential uses for the Crossroads site. The high density residential development is recommended along the South Frontage Road, along a portion the Village Center Road, and adjacent to the Vail Village Inn project. The proposed Crossroads redevelopment plan matches this recommended development pattern. The proposed plan is consistent with these designations. See map below. _ _-T -- - High Density Residential Crossroads - -~- ---- • _. , ___- ._ S Frontage Road ', r~. v+~ u ...' .,. r.. \ . 1 '. l s: 1 . ... ~ . ; :.,. Crossroads Redevelopment Mauriello Planning Group, LLC ~ - ,,.. - ~ .ti~,t Mixed-Use ~~ ~ ~ ~ ~ ,, ,~ . ,, ~~_ VVMP -Land Use Plan I 36 • Z. Open Space Plan The Open Space Plan recommends that a plaza space be created in the current parking lot of the Crossroads site. The proposed redevelopment includes a plaza that is larger than that proposed by the VVMP. See map below. ,,.-ww _ . ,.. -.+-- - r ......~ _ ~ ,M,~.~;al~ .s ._..., -- Recommended Plaza Space ~"~ „ , ; ,,~ ["WIM.,~- ~ . t:: ~ ~ ~ ,;, s_.. ~, ~ ~ ._ ._ ~. ~ ~ ~ } _. t~ .y - .. • .~__ .C ~, r l "1 \ . ~, ~ ~ ~. . ~~.y~ YtuA~ 1111 -l,AE1 L.7 ~.7._..-"~"... ,._ _ f (~, ~'~.•~ ,: ~,1~ I - . of ~ ~ . ' _:.• ^~,,.^ .a ~+,~ pry... -"~ if.~ t ~.i ~:~~ ~ ~ ~\K.r 4' ~ fi`r' / _ v.l car 'v ~, .~AL/WAN ~,t \~ } :~+'" ~,• .I~~ e" I~ .. i.~ ter" ~ ''~~ VVMP -Open Space Plan I 3. Parking and Circulation Plan The Parking and Circulation Plan indicates the need for a pedestrian connection to the VVI project and to the Town's parking structure. Additionally, the plan recommends a sidewalk along the Crossroads frontage of the South Frontage Road. The proposed Crossroads redevelopment plan provides for all of these pedestrian connections as well as pedestrian improvements to E. Meadow Drive and Village Center Road. The proposed redevelopment plan implements this plan. 4. Building Height Plan The Building Height Plan recommends taller buildings along the South Frontage Road and lower buildings along East Meadow Drive. The building height plan is a guiding plan and does not constitute a zoning limitation. The proposed plan concentrates the taller portions of the buildings along the South Frontage Road and has limited building mass elsewhere on the site due to the proposed pedestrian plaza which takes up nearly 40% of the site. The proposed building heights are consistent with the approvals granted to the Vail Plaza Hotel and the Four Season Hotel site. The proposed redevelopment plan is consistent with the intent and • guidance provided by the building height plan. Crossroads Redevelopment 37 Mauriello Planning Group, LLC • • 5. Action Plan Policy 1-6 states that the Crossroads property should be improved with the addition of a new pedestrian plaza where the current parking area is located today. The policy also requires that all parking requirements be met on-site and loading and delivery to the site be accessed from the South Frontage Road. The policy recommends a strong building edge on East Meadow Drive with the necessary and customary streetscape improvements. The proposed Crossroads redevelopment plan implements this policy to the fullest extent. All of the required parking is located below grade, a new pedestrian plaza is being created, the loading and delivery functions are accessed from the South Frontage Road, and the streetscape around the entire project is being improved. Policy 1-7 states that Village Center Road should be redeveloped in order to help prevent cars from accessing the pedestrian areas of Vail. The policy also requires that pedestrian access improvements be made to this road. The proposed redeveloprneiYt plan for Crossroads implements this plan by narrowing the roadway and providing sidewalks for pedestrians. A significant landscape buffer is also being provided. 6. Goals • Goals for the Vail Village area are summarized in six major goal statements. The goal statements are designed to establish a framework, or direction, for future development of the Village. The goals, along with the established objectives and policies are to be used in evaluating a proposal during the development review process. The following goals, objectives, and policies are consistent with the proposed redevelopment plan: Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.1.1 Policy: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. 1.2.1 Policy: Additional development may be allowed as identified by the action plan as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. • Crossroads Redevelopment 38 Mauriello Planning Group, LLC 1.3 Objective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 1.3.1 Policy: Public improvements shall be developed with the participation of the private sector R-orking with the Town. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found in the 10 sub-areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.1.1 Policy: The zoning code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. 2.3 Objective: Increase the number of residential units available for short-term, overnight accommodations. • 2.3.1 Policy: The development of short-term accommodation units i~ strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for sh~~r*-term overnight rental. 2.4 Objective: Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 Policy: Commercial infill development consistent with established horizontal-zoning regulations shall be encouraged to provide activity generators, accessible green spaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.5.1 Policy: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. • Crossroads Redevelopment 39 Mauriello Planning Group, LLC • s 2.5.2 Policy: The Town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate building renovations without compromising life, health and safety considerations. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.2 Policy: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Objective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policy: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. • 3.1.2 Policy: Public art shall be encouraged at appropriate locations throughout the Town. 3.1.3 Policy: Flowers, trees, water features and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. 3.2 Objective: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. 3.2.1 Policy: Vehicular traffic will be eliminated or reduced to absolutely minimal necessary levels in the pedestrianized areas of the Village. 3.3 Objective: Encourage a wide variety of activities, events and street life along pedestrian ways and plazas. 3.3.1 Policy: The Town encourages a regulated program of outdoor street activity in predetermined locations throughout the Village. 3.3.2 Policy: Outdoor dining is an important streetscape feature and shall be • encouraged in commercial infill or redevelopment projects. Crossroads Redevelopment 40 Mauriello Planning Group, LLC 3.4 Objective: Develop additional sidewalks, pedestrian-only walkways and • accessible green space areas, including pocket parks and stream access. 3.4.2 Policy: Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and/or Recreation Trails Master Plan. Goal #4 To preserve existing open space areas and expand green space opportunities. 4.1 Objective: Improve existing open space areas and create new plazas with green spacf~ and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.1 Policy: Active recreation facilities shall be preserved (or relocated to accessible locations elsewhere in the Village) in any development or redevelopment of property in Vail Village. 4.1.2 Policy: The development of new public plazas, and improvements to existing plazas (public art, streetscape features, seating areas, etc.), shall be strongly encouraged to reinforce their roles as attractive people places. . 4.1.4 Policy: Open space improvements including the addition of accessible green space as described or graphically shown in the Vail Village Master Plan and/or Urban Design Guide Plan, will be required in conjunction with private infill or redevelopment projects. 4.2 Objective: Improve and expand the opportunity for active and passive recreational activity throughout the Village. Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. 5.1 Objective: Meet parking demands with public and private parking facilities. 5.1.1 Policy: For new development that is located outside of the Commercial Core 1 Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the Zoning Code. 5.1.3 Policy: Seek locations for additional structured public and private • parking spaces. Crossroads Redevelopment 41 Mauriello Planning Group, LLC • 5.1.5 Policy: Redevelopment projects shall be strongly encouraged to provide underground or vtsually concealed parking. 5.2 Objective: Encourage the use of public transportation to minimize the use of private automobiles throughout Vail. 5.2.2 Policy: The Town shall facilitate and encourage the operation of private shuttle vans outside of the pedestrianized core area. 5.4 Objective: Improve the streetscape of circulation corridors throughout the Village. 5.4.1 Policy: The Town shall work with the Colorado Division of Highways toward the implementation of a landscaped boulevard and parkway along the South Frontage Road. Goal #6 To insure the continued improvement of the vital operational elements of the Village. 6.1 Objective: Provide service and delivery facilities for existing and new • development. 6.2 Objective: Provide for the safe and efficient functions of fire, police and public utilities within the context of an aesthetically pleasing resort setting. 6.2.1 Policy: Development projects and other improvements in Vail Village shall be reviewed by respective Town departments to identify both the impacts of the proposal and potential mitigating measures. 6.2.2 Policy: Minor improvements (landscaping, decorative paving, open dining decks, etc.) may be permitted on Town of Vail land or right-of-way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at current levels. Special design (i.e. heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. n U Crossroads Redevelopment 42 Mauriello Planning Group, LLC • • • D. Vail Village Urban Design Guide Plan and Design Considerations (UDGP) As discussed in "B" above, only the extreme periphery of the Crossroads project is located within the area covered by the UDGP. Therefore, only the edges of the project along East Meadow Drive and Village Center Road are to be considered. Below is the list of Urban Design Considerations found in the Vail Village Urban Design Guide Plan. Each of these criteria is being implemented in some form by the proposed redevelopment plan. 1. Pedestria*~ization/Vehicle Penetration The Design Considerations recommend differing levels of pedestrianization within the Vail Village. The goal of the plan is to create a pedestrian circulation system that is interconnected and pleasant for the pedestrian. The design plan recognizes that "vehicular traffic cannot be removed from certain streets" and therefore a "totally car-free pedestrian system is not achievable throughout the entire Village." Many streets within the Village have car, delivery, and bus traffic. For instance, Gore Creek Drive is used for access to the Gasthoff Gramshammer and the Sitzmark Lodge by delivery vehicles and guest vehicles and Bridge Street and Hanson Ranch Road are used for access by delivery vehicles and guest cars to the • Bridge Street Lodge and other residential properties. All of the guest or visitor parking for the Crossroads project enters the site from Village Center Road at a location which does not interfere with the movement of pedestrians along East Meadow Drive. All of the loading and delivery for the project is accessed directly from the South Frontage Road as suggested by the VVMP. The redevelopment of this site allows for new pedestrian access and plazas that will help to improve the life and energy along this important retail corridor. 2. Streetscape Framework The design plan recommends that streets be framed by buildings, storefronts, and landscape/open space improvements. The proposed redevelopment plan provides for a street framework with a mixture of arcades, pedestrian walks, plazas, and storefronts. The proposed plan implements many of the goals of the proposed and adopted Streetscape Master Plan and the Vail Village Master Plan including the redevelopment of the intersection of East Meadow Drive and Willow Bridge Road. 3. Street Enclosure The Urban Design Plan recommends that streets in the Vail Village be framed by buildings to create a comfortable and safe experience for pedestrians and shoppers. Enclosing street with buildings, as with Bridge Street, creates visual interest and stimulates the retail experience. The proposed redevelopment plan for Crossroads • Crossroads Redevelopment 43 Mauriello Planning Group, LLC • balances the needs for enclosure with the Town's desire for a large plaza area for events. 4. Street Edge The Design flan recommends that buildings within the village form a strong but irregular edge to the street. The plan encourages buildings to be located at or near property lines in order to give strong definition to the pedestrian corridors. The plan also recommends breaks in buildings along a street to create visual interest. The proposed redevelopment plan provides an irregular edge to the street and creates a new pedestrian plaza and gathering place. The proposed buildings are set back in certain areas to create new plaza spaces and essentially expand the pedestrian corridor. 5. Views No adopted view corridors exist in the area on or adjacent to the Crossroads property. 6. Service and Delivery The design plan recommends that service and delivery areas be located in areas where they have the least impact on pedestrian ways. The plan also recommends • that these service areas be located underground where feasible. The proposed redevelopment plan provides loading and delivery areas within the building with direct access to the South Frontage Road as recommended by the Vail Village Master Plan. 7. Sun/Shade A sun/shade analysis has been provided with the application materials. The parameters and standards found in the design plan are generally applicable to the Village Core area (areas zoned CC1) and is less applicable to other areas, such as areas zoned CSC. Given the location of the Crossroads property on the north side of East Meadow Drive, the impacts of shade are minimal to the neighborhood. The proposed plan was laid out to capture sun and therefore the proposed retail and restaurant areas are located with great solar access. E. Streetscape Master Plan The adopted Town of Vail Streetscape Master Plan recommends the development of pedestrian improvements along the north side of East Meadow Drive and to the intersection with Willow Bridge Road. Additionally, the plan recommends changes to • Village Center Road to reduce traffic from wandering into the pedestrianized areas of Crossroads Redevelopment 44 Mauriello Planning Group, LLC • • • town. The primary recommendation of the plan is to create a "special events venue" at • the intersection of Willow Bridge Road and Meadow Drive. The proposed Crossroads redevelopment plan implements the recommendations of the newly adopted changes to the streerscape plait. In support of the Town's recommendation to create a special event venue, the Crossroads project proposes to nearly triple the size of the plaza with the development of a pedestrian plaza on the Crossroad property. The Crossroads project will significantly enhance the streetscape of Vail. n U Crossroads Redevelopment Mauriello Planning Group, LLC 45 • VAIL VILLAGE OMEOWNERS ASSOCIATION, INC. President -Alan Kosloff Secretary -Ellie Caulkins Treasurer -Patrick Gramm Executive Director -Jim Lamont Directors - Judith Berkowitz - Dolph Bridgewater - Richard Conn - Bob Galvin • Ron Langley - Bill Morton - Trygve Myhren - Eugene Mercy - Gretta Parks To: Mayor Rod Slifer and Town Council Design Review Board, Planning and Environmental Commission From: Jim Lamont Date: August 1, 2005, Resubmitted Unaltered January 19, 2006 RE: Crossroads Special Development District Application The Vail Village Homeowners Association Board of Director considered, at their July 27, 2005 meeting, the major points of compromise concerning the proposed Crossroads at Vail Special Development District. The proposed compromises and conditions of support are articulated in the Association's June 21, 2005 memorandum to the Vail Town Council. It is recommended, liven the magnitude of the Association's concerns. the Crossroads proposal, should not receive final approval until the princiale points of compromise are agreed upon. The following addresses the Association's concerns as well as other matters that have a relationship to the principle points of compromise. 1. South Frontage Road: The reported "C to C minus" capacity rating for the intersection of the Crossroads Chute and South Frontage Road maybe appropriate for today's circumstances, but unable to manage projected and unforeseen future growth. We should strive at this time to attain an • A or B rating as the South Frontage Road is and will remain, well into the future, the most important local transportation corridor in the community. Consigning merging automobile and truck traffic to hazardously darting across higher speed lanes or to make illegal turning maneuvers to reverse the direction of travel is imprudent or misguided, particularly, when other safer roadway configurations are readily applicable. A planning commissioner, during the PEC public hearing, recommended the proposed Crossroads roundabout, his proposal received no objection from the Planning Commission. However, the Town Staff did not include his recommendation as a recommendation to the Town Council from the Planning Commission. A proposal by the developer to pledge $250,000 towards the Crossroads/South Frontage Road roundabout was determined to be disingenuous. It was reported that the Town of Vail would receive the funds, but do nothing to fully fund and execute the roundabout project. In the end, the pledged funds would be returned to the developer. It should be a priority of the Town of Vail that each intersection along the South Frontage Road from Ford Park to Cascade Village (resort Town Center) meets the highest standards of traffic circulation and safety. Projects that do not contribute their "fair share" to upgrade the South Frontage Road should not be approved. New private development and the Town of Vail should be responsible for providing funds to upgrade all intersections to the highest capacity and safety standards practical so as to provide for future growth, anticipated and otherwise. Subsequent to Crossroads, there is no further proposed private development to provide funds to upgrade the South Frontage Road intersection adjacent to the proposed project. Attachment: I • , The Homeowners Association has requested for several years, that a master plan be completed for the upgrading of the South Frontage Road through the resort town center. As well, we have consistently raised the issues of circulation, parking, safety, and beautification. Conflicting opinions and agendas, from public officials and otherwise, have resulted in the piecemeal documentation of • traffic demands and the design of traffic engineering solutions to the detriment of the public interest and safety. This issue is of such importance to the Association's constituencies that we are consulting with an independent traffic engineering consulting firm to evaluate engineering solutions and related issues as a means to insure the objectivity and accountability of all interested parties. See Attachment One for questions and issues forwarded to the independent consulting firm with respect to the Crossroads, proposal. Public Benefits: The major provisions of the Developer Improvement Agreement (DIA) are generous to a fault in favor of the developer (see attached .pdf file). It is impossible to identify any "exaction", in exchange for deviation in the zoning standards, which in the long-term are public benefits. Rather, there is the appearance that the DIA confers a grant of special privilege. The lack of assertiveness and consistency of standards applied by public officials to the negotiations, set precedence that potentially incurs the enmity and future resistance of those who have more onerous public benefit "exactions" required of their projects. a. Facilities and Improvements: i. Nearly all facilities and improvements designated as public benefits have dubious caveats attached, which exempt or release the developer from compliance after 15 years or if special circumstances occur. • ii. The developer is proposing to use his private art collection and other private commercial enterprises (movie theater and bowling alley) to increase density and height beyond those recommended by the Vail Village Master Plan. iii. All facilities and improvements specified as public benefits should be owned and controlled by the Town of Vail in perpetuity. b. Special Events: i. The DIA contracts away the rights of future Crossroads residential property owners to voice concerns and participate in the overseeing of special events held in the proposed central plaza. ii. Future Crossroads property owners should share the same rights and responsibilities to voice concerns and participate in the overseeing of the conduct of special events, as do all other adjacent property owners and members of the community. c. Public Plaza: i. The Vail Village Master Plan implies that a public plaza should be incorporated in the redevelopment of the site in exchange for the allowance of a 5-6-story structure to be located along the South Frontage Road. The quid pro quo exchange allows for all open space, setback, and landscaping requirements to be attained within the established zone district. • ii. Previously, approved setbacks and other variances were an acknowledgment of existing site conditions and were not to be used as precedence for the future • redevelopment of the site. It was intended the future development would conform to the guidance of the master plan and established zoning standards. iii. The public benefit value of the Public Plaza has already been offset by an increase in height to 5-6 stories over that required in the established zone district. Height was calculated based upon the average grade of the existing improvements, not from a wholly arbitrary and speculative "historic grade." iv. Landscaping requirements anticipate that trees and other landscaping improvements will "soften" the urban appearance of buildings and public spaces by integrating manmade improvements with the surrounding natural landscape. Massing of trees should be integrated into the Public Plaza and required setbacks. d. Lodging and Affordable housing: i. The Town of Vail redevelopment policies contain incentives for increasing the amount of lodging (accommodation units) and affordable housing. ii. The developer has the right to amend the zone district for the site to permit lodging and affordable housing. iii. The developer is proposing using existing affordable housing units purchased in • the community to fulfill his affordable housing requirement, as a consequence a net increase in new affordable housing units will not be forthcoming. The developer's actions are removing non-deed restricted (non-government controlled) housing units from the affordable housing market. iv. The providing on-site of accommodation units and affordable housing, as has been required of other similar developments, must be a prerequisite to increasing the height and density beyond that recommended in the Vail Village Master Plan. Any increase in height must occur for that portion of the building located along the South Frontage Road. e. Building Height and Setbacks Relative to Adjacent Properties: i. The developer in using the adjacent property of One Willow Bridge Road and the expansion of the Sonnenalp Bavaria Haus as the comparison to justify the Crossroads building height and setbacks along Meadow Drive. Other adjacent property owners are objecting to the proposed height and setbacks in this area. ii. The developer fails to note that the One Willow Bridge Road and Sonnenalp Bavaria Haus expansion, he points to as precedence for his proposed height deviation along Meadow Drive, throughout the entire site conforms to the height limitation for the zone district (PA) in which they are located. iii. The Crossroads proposal as modified still remains out-of--scale with its adjacent property owners and should be further reduced in height, and setbacks increased, so that trees and other required landscaping can be incorporated onto the site. • s Exparte Contact: The principle of exparte contact seeks to insure that elected officials do not foreclose any legitimate consideration presented by the developer, adjacent property owners, interested parties, and the general public. Any contact either prior to or after the filing of an application that causes an elected official to foreclose legitimate consideration, is a violation of • the exparte principle and subject the elected officials to recusal, litigation, and other financial penalties. a. There appears to be evidence that the developer made improper exparte contact in that certain elected and appointed officials refuse to acknowledge the legitimacy of the developer's ability to file for zoning amendments to provide for lodging and affordable housing on the Crossroads site. i. They cite that lodging and affordable housing was not allowed on the site previously and therefore cannot be considered. They can provide no other justification for allowing the proposed building to be equal to or greater than those projects that were recently approved with lodging and affordable housing included in the development plan. ii. Such a position is counter to the rezoning process and favors the developer interests to those of goals and precedents established by the Town Council for the redevelopment of the resort town center of the Vail community. 4. Public Hearing: The enforcement by the Town Council of an arbitrary 3-minute speaking rule for all participants other than the developer and Town staff, creates circumstances that encourage exparte contact and deprives adjacent property owners and interested parties of due process. a. The limitation creates preferential treatment for the developer and Town Staff while • depriving adjacent property owners, interest parties, and the Town Council for giving full and open consideration to issues and concerns. b. The developer and Town Staff may have their own agendas, which are not necessarily founded in policies approved and condoned by the Town Council and the community at large. c. It is the purpose of the principle of public hearing and participation to bring to light all matters relevant to the public interest. Few issues or matters lie outside the public interest and right to know. Any effort to thwart, suppress, or intimidate the public's rights to know and be heard is an abridgment of their constitutional and legal privileges. Multi-Party Negotiations and Discussions: The Association has sought to create opportunities whereby the developer, adjacent property owners and interested parties, such as itself, can discuss and negotiate unresolved issues and points of compromise in a circumstance free of intimidation and hostility from any participant. The Association to this end requested the Town of Vail to host an on the record discussion and negotiations among the affected and interest parties, including the developer. To date from among the interested party, including the developer, other than the Association, none has sought to convene amulti-party discussion or negotiation session. C Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 Voice Mail/FAX: (970) 827-5856 e-mail: vvhana,vail.net web site: www.vailhomeowners.com • • VVHA Attachment One VVHA/TOV Correspondence 8/1/05 1. Will the proposed roundabout (or a variant thereof) proposed at the Crossroads/South Frontage Road intersection adversely affect the flow of traffic between the Vail Village parking structure and the Main Vail roundabout? 2. According to the Town staff the Crossroad/South Frontage Road intersection, taking into account the proposed Crossroad development, will cause it to be rate as C or C minus. Will the proposed Crossroads roundabout improve its rating or not? 3. Will the proposed Crossroad/South Frontage Road roundabout allow for truck traffic to more easily and safely enter from the Crossroad Chute on to the South Frontage Road going either direction? 4. Are adjacent driveway accesses and turning for buses entering the Vail Transportation Center going to be adversely affected by the proposed Crossroads/South Frontage Road roundabout? If so, how can the problem to solved? What would be an appropriate alternative design or location for the roundabout? Would buses entering the South Frontage Road from the Transportation center, crossing the eastbound land, to go west towards the Main Vail Roundabout be adversely affected by the proposed roundabout? 5. Will the proposed Crossroad/South Frontage Road allow all traffic including trucks to more easily and safely "reverse flow" when coming to or from the Mail Vail roundabout, VVI, and proposed Crossroad loading and delivery structure. Is this solution safer than the "pork chop" center island design, which is currently proposed for the VVI and Crossroads? Would the same logic apply, if a similar roundabout were built near the Evergreen Lodge? • 6. If in the future two new roundabout were built, one at Ford Park, another in West Lionshead (or a Cascade Village, would "interim" roundabouts at Crossroads and Evergreen/Municipal Complex become redundant, a hindrance, or an attribute to the flow of traffic along this section of the South Frontage Road corridor? 7. Are the proposed roundabout locations at the Crossroad/South Frontage Road and near the Evergreen/Vail Municipal building too close to the Mail Vail Roundabout so that they would adversely affect the rating of all or anyone of the existing or proposed roundabouts? 8. Would the Crossroads/South Frontage Road proposed roundabout ease the burden on the Vail Road/Meadow Drive intersection by creating an alternative route to and from the Vail Village commercial center? • • VAIL VILLAGE OMEOWNERS ASSOCIATION, INC. President -Alan Kosloff Secretary -Ellie Caulkins Treasurer -Patrick Gramm Executive Director -Jim Lamont Directors: Judith Berkowitz -Dolph Bridgewater -Bob Galvin -Ron Langley -Bill Morton - Gretta Parks -Richard Conn To: Mayor and Town Council Members Design Review Board, Planning and Environmental Commission From: Jim Lamont Date: June 12, 2005, Resubmitted Unaltered January 19, 2006 RE: Crossroads at Vail Special Development District Application Code: CrossroadsFinalReport.doc The Board of Directors of the Vail Village Homeowners Association, urge that the following recommendations be given consideration by the Vail Town Council with respect to the Crossroads at Vail Special Development District Application. The Board of Directors holds the broad position that this property should be rebuilt, because of its age and condition. However, the rebuilding, should it occur, is to avoid significantly altering the appearance or fabric of the community. In is to be noted that the "developer" by not providins adequate documentation of his proposal, hinders the public understandine of the full scope of his application. The developer is urged to provide recent and current documentation so that his full application may receive the widest distribution, access, and consideration from among the interested parties. It is the Association's perspective that the Vail community is not of a single mind regarding this proposal. In circumstances where neither side can agree, then a compromise, willing or otherwise, must be fashioned. • Therefore, we are presenting, in the furtherance of public debate, several points of possible compromise. Our position, when taken, is recommended and regarded within the context of our "principles of good governance." It is our principle that property owners in similar circumstances should share common rights of property and zoning. Our principles include a belief that the grants of "special privilege" should not be given, whereby one property owner diminishes the rights of his neighbor or others in the community. Further, it is our position that the Special Development District as applied in the Town of Vail is and continues to be an abusive grant of special privilege. The Association recognizes that there arises from time to time, the need to rectify deficiencies, physical and otherwise, in a neighborhood and the community. Development can be a worthy end to accomplish public benefit. However, there is the potential for misunderstanding over what constitutes a "worthy development" or "developer." The allocation of "developer provided benefits," because of the lack of definition about what is a "public benefit," makes the process prone to abuse. The determination of "public benefit" requires the closest public scrutiny. To avoid difficulties about what are appropriate "public benefits," the debate must be transparent, open, and available to the public. A clear distinction must be drawn between property owner improvements, which are required to reasonably do business and those that more directly benefit the "practical needs" of the public interest, such as roadway • improvements. The responsibility to provide "public benefit" improvements belongs to the developer. In return, it is the responsibility of the public to make "necessary and practical" improvements, which have a direct relationship (nexus) to the impacts associated with the project. •• The project, should a compromise be adopted, as described herein, would be significantly changed. The present • architectural design and plan would need to be changed to reflect the adopted compromises. Whether the project will proceed under these compromises is not assured. We remain open to the consideration of other ~uggested conditions of compromise. The following points are the "recommended" conditions of compromise: 1. An equivalent of at least one floor of the building must contain a mix of affordable housing, which provides domestic living units for full-time residences, who are multi-aged, including those needing elder or special care, which will house, families, children, couples, and single persons. 2. The building must be build to LEEDS certified "green" building standards. 3. The building owners must agree to participate in the dispersed terminal loading and delivery system. 4. The building owners must participate in the future construction of utilities and infrastructure improvements, such as a mass transit system and roadway improvements. 5. Reduce further the height, bulk, and mass of the project. 6. Higher priority should be required for public benefits, which improve "necessary" public infrastructure and safety. 7. The ice rink, its sunscreen, and fountain are to be considered public benefit, subject to replacement, operations, and management agreements with the Town of Vail and property owners. • 8. The project causes the traffic safety of the intersection between the Crossroads Chute (Village Center Road) to become jeopardized, therefore, the Crossroads developer is to pay the full cost of the Crossroad's Chute roundabout and fix a date certain for its completion, which is to be within 12 months of the approval of this pending application. 9. The building must contain one floor of hotel rooms and one floor of commercial uses. 10. Relocation of density for hotel rooms above the 38"height limitations shall be subject to the proof of public benefit and restitution. 11. The relocation of density allocated to the plaza area cannot be located above the 38' height limitations of the underlying zone. 12. Pedestrian circulations areas shall contain canopies of native deciduous trees for the purpose of providing sanctuary for pedestrians, expression of public art, and sheltering of arboreal wildlife. 13. Architecture style must be a traditional European romantic alpine theme. 14. Developer provided parking spaces, available to the general public and community use, should be considered a "partial" public benefit. 15. Subterranean interconnection of parking structures is considered a public benefit for reasons of traffic and life safety. 16. Cultural and recreational amenities, available to the general public, including community use, should be considered a "partial" public benefit. • 17. The relocation of density above height limitations of the underlying zone district shall not be considered a public benefit. 18. There is no substantive public benefit when density is relocated from one portion of a site to another, if • in its relocation it violates other zoning standards. 19. There is no substantive public benefit when the developer claims as a "public benefit", those "streetscape improvements", which are necessary and reasonable to conduct business in the development. 20. The west wing should be stepped-down; it should keep to the same step-down profile as the adjacent structures at the Vail Village Inn. 21. Meadow Drive frontage, Crossroads West Wing, remove two "step back bays" from the West Wing so that the "setback" of the street facade is the same for Crossroads as it is for the VVI. Reduce the height of third bay to a height corresponding to the adjacent structure at the Vail Village Inn. The height of the west wing should follow the profile of the adjacent structures on the Vail Village Inn site. 22. The developer shall pay the full cost of the new roundabout at the intersection of Village Center Road and South Frontage Road. The date certain completion is within 12 months of the approval of the pending application. 23. The design for the plaza should be taken from examples of some of the oldest public squares in Europe. The plaza should contain canopies of deciduous trees that share the public space. The canopy should be grown in areas created where groves of Aspens can thrive. The plaza should be a sanctuary for pedestrians and winged wildlife. In winter, the trees could support a dramatically lighted canopy, which • shelters the ice skating rink. 24. Residents, citizens, and property owners have the right to directly discuss the proposal with members of Commissions, Boards, and the Town Council. All discussions regarding terms of contract will be held in public meetings at which the public can attend. The meetings must be electronically tape recorded for the public record. The details of discussions between two or more Council members must be reported electronically on the public record within 24 hours. • . VAIL VILLAGE OMEOWNERS ASSOCIATION, INC. President -Alan Kosloff Secretary -Ellie Caulkins Treasurer -Patrick Gramm Executive Director -Jim Lamont • Directors: Judith Berkowitz -Dolph Bridgewater -Bob Galvin -Ron Langley -Bill Morton - Gretta Parks -Richard Conn To: Mayor and Town Council Members Design Review Board, Planning and Environmental Commission From: Jim Lamont Date: June 8, 2005, Resubmitted Unaltered January 19, 2006 RE: VVHA-Crossroads Redevelopment Report, Town Council Public Hearing Introduction: The community has not, as yet, made up its mind about the redevelopment of the Crossroads at Vail. There are several interests, which vigorously differ with several aspects of the proposal. There are others, with opposing views, which just as vigorously, argue their issues of "community need." The community is in transition; no one faction can have its sway. Therefore, compromise is necessary. What should that compromise be? The community is literally at a crossroads. The Crossroads project; whatever its final form will be a compromise. This report explores the potential grounds for a compromise that will allow for redevelopment of the Crossroads at the Vail site. The Vail Village Homeowners Association is participating in the public process addressing the redevelopment of the Crossroads Shopping Center in Vail Village. This report is a reflection of our participation. The reader now shares the issues put to the Association's Board of Directors for their consideration. ~'he proposal is being judged from two perspectives, the relative size of this proposal to its immediate predecessors in the zoning process and adjacent neighbors. The second, the breaking-of-pew-ground on which future precedents will be set. The Town Council has the final say on this matter. Homeowner Association Position: The Homeowners Association has approached this application from the perspective that the Crossroads Center, as it currently exists, is in need of being rebuilt. The manner in which it will be rebuilt is the subject of public debate and consideration by the Vail Town Council and the broader community. The Homeowners Association has prepared this report, not as a final recommendation, but as informational advisory, representing the perspectives of it constituencies. Conclusion: The author remains to be convinced that the Crossroads at Vail proiect has fully represented it impacts. The zoning deviations appear to benefit the developer more than the public. It is su~eested that the Board of Directors either individually or as the Board, forward their recommendation with respect to the proposed compromise and anv other position of which thev are desirous. The reader's conclusions should be communicated to the Vail Town Council in the form of an email. FAX. or standard letter. • • • Communications with Town Council Recommended: Contact Vail Town Council: Email: towncouncilnu,vail~ov.com: Voicemail: 970-479-1860; Fax: 970-479- • 2157; US mail: 75 South Frontage Road West, Vail, CO 81657. Contact Vail Village Homeowners Association: In order of priority: Email; vvhanvail.net, web site; www.vailhomeowners.com, Voice MaiUFAX; (970) 827-5856, Post Office Box 238, Vail, Colorado 81658 Crossroads Issues of Controversy: The factors being decided must consider circumstances as they presently exist or as they may reasonably exist in the future. The specific issues that remain controversial are as follows. 1. Height: Is the building too tall in comparison with its surroundings? 2. Building Bulk and Mass: Is the apparent size of the building too large in comparison with its surroundings 3. Public Benefits -Zoning Deviations verses Public Benefits: Is there ample restitution for extraordinary costs to the public infrastructure and other relevant matters resulting from the development, as compared to the zoning concessions being required by the developer? a. If public benefits are not sufficient how much should the density and height be reduced or should the payment for public costs be increased? 4. Architectural Style and Design: Does the architectural style of the proposal have a compatible • aesthetic relationship to the adjacent properties, neighborhood, and the community-at-large? 5. Special Development District: Should the project be approved under the provisions of the Special Development District or remain as, Commercial Service Center, its standard (underlying) zone district designation? 6. No Hotel Rooms: How many hotel rooms should be provided in the project? 7. Additional Conditions of Approval: Are there additional conditions that should be attached to approval of the project? The recommendation by the Planning Commission and Town Staff are appended to this report. Link: PEC Public Hear Summary with Conditions of Annroval 4/25/05 Link: Crossroads Town of Vail Staff Renort Anri125 2005 8. Legal Issues: a. SDD/Special Privilege: Is it a grant of "special privilege" and does the Town of Vail have the legal authority to modify zoning regulations through the application of Special Development Districts, whereby zoning standards are altered for a particular property in exchange for financial • or other types of compensation or restitution paid by the developer to the town? b. Master Plan Compliance: To what degree is the Town of Vail bound to comply with adopted master plans and what is the process for master plan adoption and amendment? ~~ Discussion: ~egal Issues: The zoning for the project is proposed as a Special Development District. The history of Special evelopment Districts in Vail has a stormy legal legacy. The District Court has rejected at least two court challenges against the Special Development District. The most recent conflict resulted in a punitive financial judgment against the plaintiffs, who were adjacent property owners. However, it is the opinion of some legal authorities that the judgment had no bearing on the validity of the Special Development District as a valid method of zoning. The court's remedy, should flaws have been found with any Special Development District, is to remand the matter back to the Town of Vail for rehearing so that the flaws maybe corrected. This could mean that only a portion of the process would have to be cured, or in the extreme, that the deficient application would have to be filed again, as a new application, and the matter reheard by the reviewing bodies in the Town of Vail. Special Development District must prove Public Benefit: The developer is using the Special Development District zoning classification so he can obtain deviations from the development standard of the underlying zoning district. The determination of deviation is based on a set of criteria, which must be satisfied before approval can be granted. One of those criteria requires proof of public benefits. Proof of public benefits has come to mean a sum of money or resources that offset the cost to necessary public infrastructure and quality-of- life facilities. SDD Review Process Flawed: The Special Development District approval process allows the avoidance of public scrutiny through the application of "contract negotiation" procedures. The approval process for a Special Development District (SDD) is a negotiation between the Town and the developer. It is a bargaining for "public benefits" in exchange for "deviations" from the zoning regulation. The zoning designation for a SDD site is known as the "underlying zone district." The negotiation usually results in increased density and the exceeding of other zoning standards of the "underlying zone district," such as height, setbacks, parking, etc. The Town considers its deliberation about "public benefits" to be contract negotiations and therefore, subject to executive privilege. The Council holds its substantive deliberations about public benefits in executive session. The Town Staff are the "gatekeepers" of the negotiation process. They make recommendation directly to the Town Council in executive session. The staff maintains an exclusive franchise over the negotiation be enforcing a condition that "ex parte" contact between public officials and their constituents on matter is prohibited. The public is "frozen out" of the negotiations process. "Ex parte" contact typically applies to the deliberation of judges and juries. The Town Staff enforcement of "ex parte" contact, allows written communication to occur. Personal contact can be made but the Councilperson is subject to legal challenge, if they take a public position "for" or "against" the proposal, prior to officially taking public testimony. The Town staff conducts pre-meetings briefing with the planning commission and other authorities that discusses arguments in favor or against a SDD proposal. Tactical strategies are also discussed in these sessions. Official minutes or a report are not kept of the pre-meetings. The time and location of the pre-meeting is included in the published agenda of the Commission or Board. Point of Compromise: Residents, citizens, and property owners have the right to directly discuss the roposal with members of Commissions, Boards, and the Town Council. All discussions regarding terms ~f contract will be held in public meetings at which the public can attend. The meetings must be electronically tape recorded for the public record. The details of discussions between two or more Council members must be reported electronically on the public record within 24 hours. • Developer Claimed Public Benefits: Central Plaza: The Crossroads developer is proposing as one of his public benefits, the creation of a large • central plaza. The density that could have been built on the footprint of the plaza has been replaced on to the residential wings, causing them to be higher than the allowed 38' building height for its underlying zone district. Point of Compromise: The relocation of density above height limitations of the underlying zone shall not be considered a public benefit. Relocation of density above height limitations shall be subject to proof of public benefit and restitution. Commercial Uses: the developer is claiming commercial uses, such as the movie theaters, bowling alley, and other commercial use as public benefits. Many believe that these are not public benefits, but are necessary costs associated with attracting guests and customers. Many interests believe that the proposal does not meet the required test of having sufficient public benefit. Other Claimed Public Benefits: There are other claimed public benefits that are identified in the Town of Vail staff memorandum, a copy of which resides on the Homeowners Association's web site. No Hotel Rooms in the Proposal: The residential portion of the Crossroads will, according to the developer, operate as a condominium hotel, having traditional hotel guest services, like a front deck, restaurants, etc. The Town of Vail has not legal power to require condominium units to be made available for short-term occupancy, like a hotel room. The Vail Plaza and Fours Seasons Special Development Districts both are required to . provide hotel rooms. In these developments it was considered a "public benefit" to provide hotel rooms in the development. The amount of hotel rooms over an above that required by the underlying zone district should be considered a public benefit. Point of Compromise: The building must contain one floor of hotel rooms and one floor of commercial uses. Height, Setbacks, and Density are Public Benefit/Political Decisions: The height, setbacks, and density of the development is a political decision made by the Town Council. The costs, associated with public benefit improvements can be compensated for by increasing the height of the building, reducing building setbacks, and increasing the allowable density. The relative height of the proposed Crossroads project is similar to the Special Development Districts for the Vail Plaza Hotel, now under construction, and the Four Seasons scheduled to begin this autumn. Other factors are variable among the three projects. There is no foolproof guarantee that these projects will accomplish their economic intent. Historically, shifts in national and international markets can readily deflate anticipated demand in a local real estate market. An approval, for a project that has not gone into construction, having a development program that is "out-of- demand," could be more of a hindrance than anticipated. One of the arguments being made by the Crossroad's developer is that the relocation of density from the area he • is proposing to be a plaza, should then qualify as a public benefit. The proposed plaza is being built, on land scheduled to be built upon, in according with the Town of Vail's master plan. The developer in the process of relocating the density allocated to one part of the site to another comes into conflict with the height requirement. The height limitation established for the proposed Four Seasons and Vail Plaza Hotel, have similar provisions. Limitations identified by the Town's Master Plan have been overturned. •fhe developer is claiming that by retaining the density and providing a plaza he is doubling the public benefit. He does not recognize that he is merely displacing the impact from one locale to another. He maybe exacerbating the impacts because he is creating ahigh-rise development that places different and greater impacts upon the public infrastructure. The developer is claiming the right to increase the density on any portion of the site, even though it violates the height restriction or setback requirements. He chooses to believe that ill-formed density is a public benefit. Relocating density merely displaces impacts from one location to another. Point of Compromise: There is no substantive public benefit when density is relocated from one portion of a site to another, if in its relocation it violates other zoning standards. Point of Compromise: There is no substantive public benefit when the developer claims as a "public benefit", those "streetscape improvements", which are necessary and reasonable to conduct the business of the development. Point of Compromise: The south facade of the west wing should be stepped-down further and kept to the same setback line as the adjacent structure at the Vail Village Inn facing East Meadow Drive. Traffic Considerations: Traffic is one of the most important considerations that must be decided. Traffic eneineers have analyzed the intersection of the South Frontage Road and Crossroads Chute (Villaee Center ravel. The additional traffic generated by the Crossroads redevelopment will push the traffic capacity to near ~nsafe conditions at the intersection. The South Frontage Road, adiacent to the proposed proiect is one of the busiest and most important stretches of road in the entire community. ,.' r' ' ~h3 3:4a Lam` ~ " ~«rL r L _~ .w... ~ ... a.. v~ff.+Cn11~.4+Rw'W _' ~....,_ _ ` "`,tea ~ ~ q~,..~,+@KIL,..--~..a~+atAi..x a~, a ~~», ~ ... . ~~ufi ~` ray ~. i i i 1~ ~ ~ kfi.+ll+a~~. t .+ ' . r `y ~~ 'y r ~! ~: t. ~' .~a.:!'Y .. ~ ,,~ i ~ .1 ,,.. -~ ~ ~- ,,~ ,~. ,~ 1~ 1~~: ~L 1! ~ t Proposed Vail Boulevard (South Frontage Road): Main Roundabout east to Blue Cow Chute illustrates proposed roundabout at the Crossroads Chute (Village Center Drive). Link: View ~ranhic of proposed Vail Boulevard in greater detail. One of the routes that is necessary for the dispersed loading and delivery system requires an un-congested flow of traffic along the length of Vail Road, Willow Bridge Road, to East Meadow Drive and Crossroads Chute and its intersection with the South Front Road. ~tudies conducted for the Vail Front Door Project indicated a traffic stress point at Vail Road and Meadow ilrive, which could have a deteriorating ripple effect, not only at this intersection, but the Main Vail Roundabout, as well. Gridlock could quickly appear. Major investment must be made to ensure that the entire downtown is as free as possible from gridlock. The proposed Crossroad's roundabout would provide an alternative route to disperse traffic should an unforeseen problem arise. The Crossroads roundabout insures the continuation and usefulness of a "limited access" traffic route between Check Point Charlie and the Crossroads Chute over the International Bridge. • The Crossroads developer has agreed that he will finance a quarter of a roundabout for the Crossroads Chute and South Frontage Road. Traffic engineers agreed that a roundabout intersection would increase traffic flow and reduce safety problems associated with the Frontage Road. The cost of the intersection is estimated at $2 million. The Crossroad roundabout intersection improvement must follow on as one of the first phases of the project. The completion of the roundabout is critical to reducing the truck traffic, which uses the new streetscape improvements that are now being installed on Gore Creek Drive, Bridge Street and throughout the immediate neighborhood. The specific location for the roundabout remains under study, as it must be designed to handle bus traffic entering the adjacent bus station. It may require a substantial retaining wall on its north side. These and other public infrastructure items have been laid on the project's budget. Point of Compromise: Require the applicant to pay the full cost of the new roundabout and fix a date certain for its completion, within 12 months. Loadine and Delivery System: Crossroads, has agreed that it will use its enclosed truck-loading terminal as a member of the "dispersed terminal system." The purpose of the "dispersed terminal" system is to distribute goods throughout the commercial establishments in the Vail Village neighborhood. The Cost of Public Benefits Determines the Building's Height and Size: The developer, in obtaining his • permission from the Planning Commission to proceed for Council review, reduced the size of the building both above and below ground. The reduction underground, removed a substantial number of for sale or leased parking spaces, and the family entertainment center from the plan. What remains are the movie theaters and bowling alley. Above ground, the developer has made an attempt to reduce the height of building to be more compatible with it neighbors. As public benefits are attached to the project, the bigger the building becomes. Existing Site: - b ~~...a.~ ~ .~,t,•~~.<~ .: • Aerial Photo: Existing Site • • Architecture Stvle: Point of Compromise: Building architecture should be of a traditional or romanticized alpine theme. ~he style, while Alpine, distributes its bulk and mass in the configuration of a traditional Atlantic City beachfront hotel. The configuration does not necessarily reflect the characteristics of a European alpine mountain resort hotel. Link: Enlarced view of graphic i, r.».~-... r 1 .. ~~.+ ~,~ , ~~ N, The architectural design concept has changed since the first proposal. The original design of the building facades was ahigh-tech, tailored alpine modern. In response to criticism, more stone and wood surfaces have been amended to the design, seeking to give the impression of a more romanticized architectural theme. Gables have been added to break up the profile of the roof. Of the two proposed schemes, the "contemporary design," is the most successful. The contemporary proposal was considered too great a contrast with the Sonnenalp and other surrounding buildings that have the more traditional European design styles of the 1970's and 80's. It should be assumed that the more traditional buildings in the immediate area would remain. The proposed structure, no matter the style, in its present configuration, will dominate and "overshadow" the neighborhood. Many are of the opinion that the revisions have not been as successful as anticipated. Specifically, there is a desire to reduce the apparent height and massiveness of the facade. ,~ ,N,~r'"'f L' _~ ~ LOIID]-M0.TNL RAM WIWE r. r~ ~MMr gs +Q~NMr~ .,. ~ -M~.YruM ;,T7 ~I~ ~~wl~Yr ~ ...:. ~ ... u~ / ~ r r / ~' ~r - / I 1 ~ ~ rr~rw r yrdi,~ ~ ~i Fi °~ ~ ~ -- ,,_ a `` :=,~ ~ ~ MYr ~~-Yti Y~ I ~~r ~= ~ W V ~u ' r, rt South Elevation: w r~ ~~~~ :~~: ,,, ~w.~ ~~ w~. East Elevation: ~'~Y MYrN1M~Y ~ \` \ \\ ~~ w~rl \ _' y~ _ ryA.lw1 f , , ,. a.rr- w. r- .. ^-a :~ ~ i ~M * ` l+r . {, '' - ~ -•.-'-" Y-r o _ . 1 ~ .. ~ wn rwrrw~ `rr q .r ~ - t ' ~ ~ . u ~ r .Mr ~ YP11.. V1Y/OM r `L _ V e t i~ -~ im111R ~LLi: W yy~~ nMwM'~w ~ ~~e.Ma A.r~ y.srr. ~4f FI.EV/Ri7N sir r West Elevation: MYMW ~~Yi+' MYa-1~1 wMr~. ~:rr~ rMwi.~ `rr~.,•~MMr Mrora~ •..r rwa.... wrr.rWr .,W .Mr /~ ....~r~ arm "` _rr- •raw~ _ iM11i11Mn1 ~YrprYYi1 i.lYM1YM ~M ~.~lllr` W rY ~YYYMM Ir ~M7Mr __ _ ~r~IMUMItY rs~ilq` t V • w ~ ~, ~ r / ~ MIFrM M1 * d~ ~W Y ~.. vI ~ ~ '. ~ Y ~ ~ ~' ~~ ~ ~ ~* ~ ~'~'E err ~i.r / ~ wwM W r ~ ~ ~- ~wrw MYM. ~..~ North Elevation: ~IlloirM~ :rw'"a"1~.... y w _ Frrt. - 1r1YY • Crossroads -Main Plaza: ' ~~~~: t.~~, -+~. 'P ~ v ~~` ~,1 ~ i.i+ ~ i ~ ~ ~: '~~ ~ n r"... -a'r - afar. 'tis ~-,< Point of Comuromise: The design for the plaza should be taken from examples of some of the oldest public squares in Europe. The plaza should contain canopies of deciduous trees that share the public space. The canopy should be grown in areas created where groves of Aspens can thrive. The plaza should be a sanctuary for pedestrians and winged wildlife. In winter, the trees could support a dramatically lighted canopy, which shelters the ice skating rink. The apparent height and massiveness of the building are intended to be mitigated by a large plaza. The plaza is to contain an ice skating rink, and provide ample frontage for two commercial floors of business frontage arranged along atwo-story arc on the north side of the plaza. The plaza design is carnival, to a fault. It is near empty of permanent landscaping, most particularly trees. To date, there has been no explanation of how the ice rink will be screened from the melting rays of the sun summer or winter at 9,000 feet elevation. In all likelihood, the ice rink will require a large fabric canopy that is not shown on the plan. There is a preoccupation with putting no obstructions to interrupt the view of the storefronts from the adjoining pedestrian street, which is East Meadow Drive. Ample opportunity exists to shape the landscaping to insure that public spectacles, planned for the space, will not be inordinately obstructed. Bulk and Mass: The building is being proposed as a unified architectural theme. Unity of architectural theme and a repetitive roof form and uncomplicated geometry is increasing the apparent bulk and mass of the proposal. Amore "village like" appearance, with multiple romantic themes, could contribute to reducing the apparent bulk and mass. • Above: Computer animation of the bulk and mass of the proposed Crossroad compared with the Vail Village Inn and the Vail Plaza Hotel to the west. Above Left: Computer animation showing the apparent bulk and mass proposals the Four Seasons, viewed looking East along South Frontage Road towards Vail Plaza Hote1NVI and Crossroads Above Right: Computer animation of the Crossroads proposal looking west along South Frontge Road with VVINaiI Plaza Hotel and Four Season in the background • • a The West Wing - Height relationship of the Crossroads West Wing with adiacent VVI: The graphics below illustrates the controversy with the neighboring Vail Village Inn. =T.. - • -. ..` ~ ~ r~ .~ . _- ~,. - } .~uu Above: Illustrates the scale and height differences between the proposed Crossroads and the existing Vail Village Inn. The animations show the effects of the difference between setback requirements between Crossroads and the existing VVI. The Crossroad proposal is a "zero" setback along Meadow Drive. Relative Setbacks and Height Conflict: The illustrations show the setbacks and relative height between the West Wing of the Crossroads and the Vail Village Inn. The magnitude of the Crossroads incursions dwarfs those of the immediately adjacent buildings of the Vail Village Inn on Meadow Drive. The Crossroad appears to close off Meadow Drive. The setbacks should be more similar between the two projects so that one does not dominate at the expense of the other. The vitality of pedestrian movement along Meadow Drive is dependent upon unblocked visibility. Stair-Stepping Height Minimal: The effect of minimally stair stepping from the frontage road to Meadow drive is evident on the Crossroad proposal. The West Wing in particular should hold to a similar height as the Vail Village Inn. It appears that the 38' height limitation should be enforced on the West Wing of the ~rossroad proposal. Shadowing: Continuous sun shadowing occurs during the "extreme" period of the day and seasonally. Adjacent property owners believe this to placing a hardship upon them, the benefit of which solely benefits to .......,~ .. ~ ......,... , W • the new redevelopment. Shadowing can be reduced through lowering and reconfiguring the Crossroads proposal. Above: Illustrates the shadowing the Crossroads West Wing will cast on the adjacent Vail Village Inn during certain times of the day and seasonally. Shadowing can be reduced through lowering and reconfiguring the Crossroads proposal. Point of Comnromise: Meadow Drive View, West Wing, removed two-step back bays of the West Wing. Reduce height of third bay in similar slope of adjacent commerciaUresidential structure. The height of the west wing should follow the profile of the adjacent VVI residential structures. Points of Comnromise: Subterranean interconnection of parking structures is considered a public benefit for reasons of traffic and life safety. .~ ~J Precedents for Increasing Building Height: The relationship of height among the three projects, under construction or approved, along the South Frontage Road are similar. What differs between them is the • stepping-down of height between the South Frontage Road and Meadow Drive. Crossroad is proposing less stair stepping and retains a greater height on Meadow Drive, with less of a setback from the property line. The precedent setting height has been justified because the building will become a sound barrier for Vail Village to the traffic noise from the adjacent Interstate 70. The height that has been approved for the Four Season. Vail Village Inn, and Vail Plaza Hotel far exceeds the height necessary to block I-70 noise pollution. w ~;.. ,~ 3 r W ........... . .. w Above: Illustrates the amount of building that is located above a 38' computer animation matrix showing the Four Seasons (left), the proposed Crossroads/Vail Village Inn/Vail Plaza Hotel (Center and Right). • .~ Comparison of Height of Crossroads with Vail Village Inn: The Crossro• ro osal has ro ortionall p p p p Y~ significantly more occupied area at a greater height than the Vail Village Inn. The amount of space is obtrusive and not readily apparent from drawn building elevations. The result of overlaying the Vail Village Inn and the .Vail Plaza Hotel with the proposed Crossroads partially illustrates the differences. ;, ~ ~: ~~ VAIL PLAZA HOTEL GATEWAY ROUNDA . ~~. I _ • .;s;.... ~. r . ^ ~ ~ ~ "~ ~„+3+War ~ r _ ~~~ y~ ~ • ^ M M t ~ ^ I,yl:.. . ~.~ry a CR05SROAQS :`-' r ~ » id ~,~„ s M ^ g ! ~, M( 'II M ill ~ ... ~ .,. ~ ~ ~ _ ~ , r >t '_ ati.c t~i~r..' 11~.~~ YIILAGE INN PLAZA YlUL PLA7a H07E1 QSAATEYI.IY ROUNDABOUT Above: Illustrates the amount of the Crossroads building located above the height of the Vail Village Inn and Vail Plaza hotel. Superimposing the image of the Vail Village Inn and Vail Plaza Hotel over the proposed Crossroad building makes the comparison. ~Develoner Initiated Reductions of Building Height: The developer reduced the height of his initial ro osal p P at the suggestion of the Planning Commission. However, the reduction in height of the initial design was not a realistic proposal and would not have received serious consideration. Therefore, the gesture of lowering of height only brought the Crossroad proposal in line with the Vail Plaza Hotel and Four Season. • • Comparative View Studv of Height. Bulk, and Mass -Computer Graphic Photo Monta ems: The following • illustration shows a before and after comparison of the views of the site. Note: The developer has shown some public officials a larger selection of the images. All images should be available to the Town Council and general public. Before and After View From Main Vail Roundabout: Before and After View from International Bridge: F %>» ~~ ro- " ~ y xr *~S~cu., tF~ _ .~ ~ ~, ,~ LAyIh~~~~x °~ Before and After View From East Meadow Drive Looking East: • • .~ • Additional Information is available on the Association's website. Please forward to annronriate parties. Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 Voice Mail/FAX: (970) 827-5856 e-mail: vvhanvail.net web site: www.vailhomeowners.com • • i • r MEMORANDUM • • TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 23, 2006 SUBJECT: A request for conditional use permits, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code to allow for, a major arcade; theater, meeting rooms, and convention facilities; multiple-family dwellings and lodges; private club (parking club); bowling alley; and the outdoor operation of an accessory uses (ice skating rink) located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0094) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicant, Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, is requesting approval of six conditional use permits, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for, a major arcade; theater, meeting rooms, and convention facilities; multiple-family dwellings and lodges; private club (parking club); bowling alley; and the outdoor operation of an accessory uses (ice skating rink) located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. These conditional use permit requests are being made in conjunction with the request for establishment of Special Development District No. 39, Crossroads, which is intended to facilitate the redevelopment of the existing Crossroads. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department recommends that the Planning and Environmental Commission approves with condition(s) the applicant's conditional use permit requests. A complete summary of Staff's review is provided in Section VI of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, is requesting approval of six conditional- use permits, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code. The requested conditional uses are being submitted in conjunction with the request to establish SDD No. 39, Crossroads. The conditional uses include the following: • • A major arcade measuring approximately 1,200 square feet; • A theater which includes three screens and concessions measuring approximately 5,200 square feet; • Multiple-family dwellings totaling 69 units and measuring 199,830 square feet; • A private club (parking club) of 103 spaces; • A bowling alley encompassing 10-lanes; and The outdoor operation of an accessory uses (ice skating rink) measuring approximately 7,000 square feet. The applicant is proposing to remove the existing improvements on the site and construct a new structure and public plaza. According to the Official Town of Vail Zoning Map, the proposed development site is located in the Commercial Service Center (CSC) zone district. As such, development and land uses on the site shall be governed by the regulations outlined in Article 7E, Commercial Service Center (CSC) District, Title 12, Zoning Regulations, Vail Town Code. III. BACKGROUND • This property was annexed into the Town of Vail by Court order on August 26, 1966, as a part of the Original Town of Vail. • The existing Crossroads was developed in the 1970's as a mixed use development which has changed little since. • The Crossroads property is one of three properties zoned Commercial Service Center. The other two properties are the Gateway Building and the WestStar Bank Building, both of which. are Special Development Districts. • On January 3, 2006, Staff went before the Town Council to discuss two options regarding the review of the proposed Crossroads development. Staff recommended that the option of looking at potential amendments and updates to the Commercial Service Center zone district and Vail Village Master Plan was the appropriate course of action. At that meeting the Town Council voted 5-2-0 (Logan and Slifer opposed) • to proceed forward with the Special Development District review process and to not take a look at amending the Commercial Service Center zone district and Vail Village Master Plan. In addition, they affirmed four assumptions staff has made in the previous review of the project. • On January 9, 2006, the Commission held a work session to discuss the need for any additional material other than that submitted to aid in the review of the proposed Crossroads redevelopment. The Planning Department Staff recommended that a physical model which included adjacent properties to the Crossroads site be submitted to aid in the review and understanding of the project. The Commission found no physical model of adjacent properties and that no other additional information was required in order to review the proposal. One memberdid suggest a desire to have some demonstration of height of the proposed structure on site or in the vicinity. IV. ROLES OF REVIEWING BOARDS Conditional Use Permit Order of Review: Generally, applications will be reviewed first by the PEC for acceptability of use and then by the DRB for compliance of proposed buildings and site planning. Plannina and Environmental Commission: The PEC is responsible for final approval/denial of CUP. The Commission's decision to approve/approve with conditions/deny a conditional use permit are based upon the criteria found in Chapter 12-16, Conditional Use Permits, Vail Town Code and • :,. conformance of the proposal with the zone district in which it is located. • Desian Review Board: The DRB has no review authority on a CUP, but must review any accompanying DRB application. Town Council: Actions of DRB or PEC maybe 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 DOCUMENTS Town of Vail Zonina Reaulations • Staff has reviewed the Town of Vail Zoning Regulations (Title 12, Vail Town Code). We believe the following code sections are relevant to the review of the applicant's request: Article E. Commercial Service Center (CSC) District (in part) 12-7E-1: Purpose: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited mu/tiple-family dwelling and lodge uses as may be appropriate without interf Bring with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. 12-7E-4: Conditional Uses: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted enfirely within a building. Bed and breakfast as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Commercial laundry and cleaning services. • Dog kennel. 3 • i Major arcade. • Multiple-family dwellings and lodges. Outdoor operation of the accessory uses asset forth in section 12-7E-5 of this article. Private clubs. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and Tows. Theaters, meetings rooms, and convention facilities. Type 111 employee housing units (EHU) as provided in chapter 13 of this title. Chapter 12-16: Conditional Uses Permits (in part) Section 12-16-1: Purpose; Limitations !n order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they maybe located properly with respect to the purposes of Phis title and with respect to (heir effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations 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 detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, • applications for conditional use permits shall be denied. Vail Villaoe Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have • been developed to guide the Town's decision-making in achieving each of the stated 4 • • objectives, whether it be through the review of private sector developmentproposals or • in implementing capital improvement projects. The Vail Village Master Plan's objectives and policy statements address key issues relative to growth and development. These statements establish much of the context within which future development proposals are evaluated. In implementing the Plan, the objectives and policies are used in conjunction with a number of graphic planning elements that together comprise this Plan. While the objectives and policies establish a general framework, the graphic plans provide more specific direction regarding public improvements or development potential on a particular piece of property. The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. The most significant elements of the Master Plan are the goals, objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. As noted on page 35 of the Master Plari, "It is important fo note that the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan." Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that full compliance is not required in order for a project to be approved. • Staff believes the following Goals and Objectives found in the Vail Village Master Plan are pertinent to this project. Goal # 1: Encourage high quality, redevelopment while preserving unique architectural scale of the Village in order to sustain its sense of community and identity. Objective 1.2: Encourage the upgrading and redevelopment ofresidential and commercial facilities. Goal #2: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. • Policy 2.4.2: Activity that provides night life and evening • • entertainment for both the guest and the community shall be • encouraged. Goal #5: Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the Village. Objective 5.1: Meet parking demands with public and private parking facilities. Policy 5.1.1: For new development that is located outside the Commercial Core 1 Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the zoning code. Policy 5.1.2: The expansion of the Vail Village parking structure shall maximize the number of additional parking spaces available for public parking. Policy 5.1.3: Seek locations for additional structured public and private parking. Policy 5.1.4: Continue to promote the lease parking program as a means for maximizing the utilization of private parking spaces. Policy 5.1.5: Redevelopment projects shall be strongly • encouraged to provide underground or visually concealed parking. VI. CRITERIA AND FINDINGS Consideration of Factors Reaardina Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the Town. Multi-family Dwellino Units: The proposed project has six floors of condominiums comprising a total of 69 dwelling units. Within Section 12-7E-1, Purpose, Vail Town Code, states: "The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple- family dwelling and lodge uses as maybe appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted Types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses." The purpose statement anticipates that multiple-family uses could be located on properties zoned Commercial Service Center zone district as long as they do not • interfere with the primary commercial functions of the district. Staff believes the number 6 • • • of proposed dwelling units does not interfere with the commercial nature of the zone • district. There is a requirement in the Commercial Service Zone District limiting GRFA to 50% of the total floor area of a development, Section 12-7E-9, Density Control, Vail Town Code. The GRFA requested in addition to the limit identified previously is a deviation which staff believes the public benefits within the proposal off-set. Staff would also point out that the land use plan for this site as contained in the Vail Village Master Plan does identify this site as being substantially high density multiple-family. Staff believes that this request complies with Goal #1 and Objective 1.2 of the Vail Village Master Plan as found in Section V of this memorandum. The applicant has provided a plan which they believe encourages owners of condominiums to be involved in the rental pool. According to the applicant, the key to achieving the participation in a rental pool program is to emulate the management of a fine, high quality, luxury hotel. The management program is a hospitality program above all else. On-site management and management offices are a necessity. Top level services need to be provided to renting guests and owners alike. Great service and a first class property will attract the kind of clientele that not only can afford a fine resort but will respect the property of others. Owners become proud of being part of the resort and have confidence that their asset is being well cared for while producing a painless, welcome income to offset their ownership expenses (Attachment A). The level of service to be offered by Crossroads includes daily or twice daily maid service, 24-hour desk and concierge, bell and valet staff, local transportation service, pre-arrival activity, in-house amenities such as workout rooms, massage rooms, a lap pool, meeting rooms, and a world class lobby, ski and grocery service and premium • rental equipment. An in-house maintenance staff not only quickly provides for guests needs but corrects problems in units before they become a major problem and expense to the renting owner. Owners become confident that their arrival will be hassle free and as enjoyable as a vacationing guest in spite of a renting guest occupying their unit the night before. The final piece to encourage owners to rent is creating a financial structure that rewards owners that rent. The cost sharing structure between the Homeowners' Association and the Rental Program needs to bean integrated program that equitably balances all of the services being offered to owners and renters alike. Properly and efficiently designed, owners will be financially rewarded for renting instead of carrying the service costs for all owners, as is the case in many condominium hospitality programs. Staff and the applicant have also provided a retail analysis of both Vail Village and Lionshead which we believe demonstrates that the amount of commercial space proposed to be constructed on the site does meet the purpose statement of the CSC zone district. The new Crossroads development would be approximately 18.8% (Currently 13.8%) of the total commercial square footage in the Vail Village. The report is attached for reference (Attachment B). Private Parkina Club: Staff believes that the proposal to establish a private parking club will address several of the goals and objectives established in the Vail Village Master Plan. Those goals are Goal #5 and Objective 5.1 as identified in Section V of this memorandum. Staff believes the parking club could have a positive effect on the parking issues the Town faces • through out the year by providing an opportunity for individuals to lease or purchase • spaces and therefore not be parking in the Vail Village or Lionshead parking structures. • The proposal no longer identifies the parking club as a public benefit but as a public amenity which has indirect benefit to the community. Staff has attached a portion of the submitted materials which address the operation of the parking club (Attachment C). Meetino Rooms. Movie Theaters. Maior Arcade, outdoor operation of an accessory use (ice skatina rinkl.and Bowlina Allev: The Vail Comprehensive Plan identifies the need to make the Village a more vibrant and economically viable location. Goal #2 of the Vail Village Master Plan, which is detailed in Section V of this memorandum, is positively addressed by these requested uses. 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. Multi-family Dwellina Units: A great majority of the bulk, mass, and height of the proposed structure is generated by the six floors of condominium units. Previously staff believed that there could be some negative impacts on the neighboring residential portion of Vail Village Inn Phase III in terms of light and air as the proposed building encroached into the western setback. Since the April 24, 2005, PEC recommendation of approval several portions of the proposed structure have been reduced in height and the building has been pulled out of the western property line setback with the exception of the enclosed loading and delivery bay. This change has greatly reduced the negative impact to the Vail Village Inn Phase 111. As with any development on this site, there will be shade and shadow on the adjacent properties. However, the magnitude of shade and shadow proposed is really • no different on the adjacent property than if the building was constructed even a story or two shorter. Private Parkins Club: Staff believes that the proposal to establish a private parking club will address several of the goals established in the Vail Village Master Plan. Those goals are Goal #5 and Objective 5.1 as identified in Section V of this memorandum. The private parking club, which is subterranean, will not have any negative impacts on the above listed criteria. Meeting Rooms. Movie Theaters. Maior Arcade, outdoor operation of an accessory use (ice skatina rinkl. and Bowlina Allev: The proposed uses will add to the recreation choices of locals and guests alike. The uses will also provide year round entertainment choices. All of the uses proposed will be located in the subterranean portions of the structure except for the ice skating rink. The surface ice skating rink and the associated plaza is identified by the applicant as one reason why the building encroaches into the setbacks on a majority of the site. Reducing the size of the ice skating rink would potentially allow the building to pull in from the property lines which could improve the impacts on light and air of the current structure. 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. • a i • Multi-family Dwelling Units: • The proposed 68 dwelling units will generate increased vehicular traffic. The payment of the traffic impact fee and the construction of roadway traffic improvements to the South Frontage Road and Village Center Road will off-set any negative impacts. Private Parking Club: The proposed 103 space parking club will generate additional vehicular traffic in the area. The payment of the traffic impact fee and the construction of roadway traffic improvements to the South Frontage Road and Village Center Road will off-set any negative impacts. Meetina Rooms. Movie Theaters, Maior Arcade, outdoor operation of an accessory use (ice skating rink). and Bowlino Alley: These proposed uses will generate increased vehicular traffic. The payment of the traffic impact fee and the construction of roadway traffic improvements to the South Frontage Road and Village Center Road will mitigate any negative impacts. 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. Multi-family Dwellino Units: The Purpose statement of the Commercial Service Center zone district identifies multiple-family dwelling units as a conditional use because the primary function of the district is commercial. It is primarily the impact of six floors of residential which give this project its bulk, mass, and height. While the applicant is proposing a building which • exceeds the height limits in the Vail Village Master Plan this is caused by the 11 foot 6 inch floor plates proposed and the taller floor plate in the commercial floors to accommodate stadium seated theaters and a bowling alley. If the Commission agrees that the 11 foot 6 inch floor plate is acceptable staff believes the proposal complies with this criterion. Private Parking Club: The proposed parking club is located within a completely subterranean structure. The subterranean nature of the parking club has no negative impacts on neighboring uses. Meetina Rooms. Movie Theaters. Maior Arcade, outdoor operation of an accessory use (ice skating rink). and Bowling Alley: These proposed uses are located in the subterranean, except for the ice skating rink, portions of the structure and have little impact on the visible portions of the upper portions of the structure. The surface ice skating rink and the associated plaza is identified by the applicant as one reason why the building encroaches into the setbacks on a majority of the site. Staff and the applicant have performed an analysis which depicts that the increased height and encroachments into setbacks are indeed created by the public plaza containing the ice rink as the amount of development potentially lost by establishing the public plaza is on the same scale as the height deviations and setback encroachments proposed within the project. r1 LJ • B. The Planning and Environmental Commission shall make the following findings before prantina 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 Commercial Service Center Zone District. 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, orwelfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves with condition(s) the applicant's request for six conditional use permits, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code to allow fora, major arcade; theater, meeting rooms, and convention facilities; multiple-family dwellings and lodges; private club (103 space parking club); bowling alley; and the outdoor operation of an accessory uses (ice skating rink) located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Staffs recommendation of approval is based upon the review of the criteria described in Section VI of this memo and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve the applicant's • request, staff recommends that the following condition(s) be made as part of a motion: That the developer operates the parking club and rental program for the dwellings units in accordance with the pages 12 and 18-20 of the Crossroads Redevelopment: Applications for Special Development District. Text Amendment. and Conditional Use Permit document dated December 12, 2005, and the approved Developer Improvement Agreement which will be agreed upon by Town Council and the developer. 2. That the Planning and Environmental Commission approval of the conditional use permits become valid upon approval of an ordinance creating Special Development District No. 39, Crossroads, on second reading by Town Council. Should the Planning and Environmental Commission choose to approve the applicant's request, staff recommends that the following findings be made as part of a motion: That the proposed locations of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed locations of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. • 10 • 3. That the proposed use would comply with each of the applicable provisions of the • conditional use permit section of the zoning code. VIII. ATTACHMENTS A. Proposed Rental Program B. Retail Analysis of the Village C. Parking Club Program D. Public Notification v 11 r~ L Sidewalks -The applicant proposes to design and construct sidewalks (w' • nowmelt) along the Crossroads frontage of Village Center Road and S. ontage d as shown on the proposed plan. The applicant will assume the erating cost of s w melting these sidewalks. All sidewalk maintenance will be e respo 'bility of the Town. 4. Streetsc a Improvements -The applicant proposes to d gn and construct the streetscape i rovements located outside of the Crossroa property as shown on the public imp vement plan. The applicant also propo s to design and install the snowmelt system ithin the public right-of-way. Th own of Vail will be responsible for the oing operation of the snow t system and shall provide its own heat source fort system. A portion of th treetscape improvements are within an area of respon ility of the Swiss C et/One Willow Place project. The One Willow Place pro ct shall be resp sible for paying its required share of these streetscape improveme .Some ar s of streetscape improvements encroach upon adjacent properties. If th own tains permission for these streetscape improvements on these propertie C ssroads will fund and construct these improvements as indicated in the 5. Crossroads Plaza -The ap scant wi onstruct all of the plaza and streetscape improvements shown on t rossroads p erty. This plaza will contain a snowmelt system operate and maintained b e applicant. The plaza and ice rink • will be open to public cess. 6. Art In Public ces -Upon approval of the Cro oads project by the Town of Vail, the app ' ant will work with the AIPP board t establish a public art program fort Crossroads project. Some of the public improvements may be in the for f other streetscape improvements already indi ted in the public improve ent plan (i.e., paver material and design, benches, er features, light fixture etc.). The applicant proposes to fund at least $1.1 in p lic art R. Condominium Rental Program Intent: The condominium rental program is being developed by input and direction from Stan Cope who has more than 30 years of experience with successful rental programs. The rental program is focused on three main goals, which have proven successful for Stan at the Lodge Tower, as well as numerous other high quality, tourist oriented properties: 1. Owner asset management; 2. Owner rental income; and • 3. Owner's personal usage and satisfaction. Crossroads Redevelopment lg Mauriello Planning Group, LLC Attachment: A • ~ • When these three goals can be achieved, condo owners in a large condominium protects will rent units voluntarily. Currently, 75% of the units in the Lodge Tower rent and the renting owners yield 63% of the gross rental revenue. In summary, the key to achieving the above goals is to emulate the management of a fine, high quality, luxury hotel. The management program is a hospitality program above all else. On-site management and management offices are a necessity. Top level services need to be provided to renting guests and owners alike. Great service and a first class property will attract the kind of clientele that not only can afford a fine resort but will respect the property of others. Owners become proud of being part of the resort and have confidence that their asset is being well cared for while producing a painless, welcome income to off-set their ownership expenses. The level of service to be offered includes daily or twice daily maid service, 24-hour desk and concierge, bell and valet staff, local transportation service, pre-arrival activity, ski and grocery service and premium rental equipment. An in-house maintenance staff not only quickly provides for guests needs but corrects problems in units before they become a major problem and expense to the renting owner. Owners become confident that their arrival will be hassle free and as enjoyable as a vacationing guest in spite of a renting guest occupying their unit the night before. ` * The final piece to encourage owners to rent is creating a financial structure that strongly rewards owners that rent. The cost sharing structure between the Homeowners' Association and the Rental Program needs to be an integrated program that equitably balances all of the services being offered to owners and renters alike. Properly and efficiently designed, owners will be financially rewarded for renting instead of carrying the service costs for all owners, as is the case in many condominium hospitality programs. Strategies for successful asset and rental management: 1. Client asset management. Condo owners are reluctant to rent their homes if they perceive that their asset is at risk from damage, theft, or other property degradation. When there is proper staffing to allow for daily inspections of property and proper assurance of damage replacement, condo owners feel more comfortable renting their homes. Crossroads will employ an adequate staff to insure proper property supervision and inspection to the highest level of quality. Daily maid service is made available to owners and automatically provided for guests in order to provide convenient service to the guests as well as a supervision mechanism for the management of the property. If the property is managed at the highest level of quality then owners feel comfortable Crossroads Redevelopment 19 Mauriello Planning Group, LLC • • allowing their asset to be utilized. Crossroads plans to manage the property at the highest level of quality with 24-hour on-site management, security, and client services. 2. Client rental income. Condominium management can be an expensive non-deductible expense for condo owners. The Crossroads rental program will be structured similar to that of the Lodge Tower where the overall condominium ownership expense can easily be offset by the income generated by the rental program. Additionally, condominium owners can expect net rental income reaching 63% of the total revenues from renting one's condominium. Personal usage and satisfaction. Probably the most important aspect of a rental program is flexibility. Some owners will purchase a condominium in Vail for personal use as a higher priority to rental income. Having ones home available when one wants to use it is extremely important to the success of a rental program. An owner does not want to feel trapped by committing to certain days or weeks. To create flexibility owners are asked to set aside dates they think they may be in Vail and dates they know they will not. Owners are able to check back frequently with changes to schedules. Additionally, management staff stays in close contact with owners when bookings are being made to • make sure the owners usage is not being infringed upon. Based on Stan's experience working at the Lodge Tower, we believe that at least 50 of the 70 proposed condominiums will be successfully rented. This exceeds the predictions utilized in the revenue analysis prepared by Steve Thompson who assumed only 30% of the units would be rented. Amore detailed management program will be developed in the coming months. Key Elements of Rental Program: • 24 hour front desk and concierge • High level of service to unit owners • Fee structure allowing those participating in rental program to offset management and maintenance fees and obtain rental income • Daily maid service available/required • Full-time management/rental staff located on-site • Food service delivery available from on-site restaurants • Full-time on-site security • Active marketing program for rental units locally and nationally • Participation in national condo rental/exchange club n Crossroads Redevelopment Zp Mauriello Planning Group, LLC _._ • Mauriello Planning Group January 12, 2006 Warren Campbell, AICP Senior Planner Town of Vall 75 South Frontage Road Vail, CO 8 1620 Re: Crossroads Redevelopment -Retail Area Study Dear Warren: • This letter shall serve as an update to the commercial area analysis provided to you previously on the Crossroads project {see attached analysis). I hope you wil4 find this useful In your analysis of the protect. The analysis shows that the current Crossroads contains approximately 13.8% of the all of the commercial space In the Vall Village area (40,53 I sc~. ft. of a total of 293,343 sg. ft.). Upon completion of the redevelopment of Crossroads it will represent approximately 18.8% of the total commercial floor area in the Vail Village (approximately 58,804 sg. ft. of a total of 3 I I ,6 16 sc~. ft.). It should be noted that the concession area is Included In these numbers but not the theaters themselves. If you have any c~uest~ons, please do not hesitate to call me. Sincerely, ~~~- Dominic F. Maur~ello, AICP Prinapal • PO Box 1127^Avon, CO 81620.Office: 970-748-0920^Fax: 970-748-0377^Cell: 970-376-3318^mauriello@comcast.net Attachment: B s Summary of Vail Village Retail Analysis Complex Retail SF A&D Tower 4,630 Bell Tower 6,950 Casuio Building 3,749 { Christiania 1,ODU Covered Bridge 8,8()3 Creekside 9,136 { Crossroad's West 40,531 { Cyron's 5,434 { Fitz. Scott Building 900 ~ Gallery Building 5>247 { Gastof Creams 14,011 { Golden Peak Noitse 6,SR] Gore Creek Plana 7, l 4b 1-IilI Building 8,056 Lodge at Vail 17,982 Manor Vail 4,200 ~ McBride Building 22,640 Mill Creek C'aurt ~ 3,553 One Vail Place 2,b91 { Plal.~ Lodge 14,000 { Red Lion Building i 3,643 ~ Rucksack 4,528 { Sitzmark 11,929 { Slifer Building 638 { Sonnenalp 9,506 { Vail Village Inn 44,361 { Village Center 14,127 Wall Street 7,371 Total 293,343 • Snapping and Dining are the 2nd most attractive features of Vail far visitors • The Bavarian and Tyrolean architectural styles of buildings along with the "public-space" environment created by public art and monuments positively impacts the shopping experience for visitors. • Range of retail sales in Vail Village - $165Isf to $1,450/sf; Average retail sales in Vail Villal;e - $224Isf: • Range of retail space in Vail Village - 250sf to 8>057sf; Average retail space -1,858sf. • Art Galleries -Average Sales of $400sf • Gift Stores -Sales Range of $250sf to $400sf • Jewelry Store -Average Sales of $ I OOOsf • Spurts Retail -Average Sales of $230sf • APParel Retail ~-Sales Range of $800 to $1,OOOsf • Most Leases arc .Five-Year Leases with. only a I-landful of Stares Reporting Ten-Year Leases. • Retailers report that the biggest. threat to Vailss a "stab" retail envirotutient. Retail & Restaurant Snare by Use Type SF °r'o of Total Retail -Food 11,350 4.G% { Retail - Apparel _32,682 13.4% Retail ~- Sport 60,135 24.6% Retail -- Jewelry 8,951 3.6" ~~ ~ Retail -Gallery 24,032 9.8% ~ Retail -Other 18, 196 7.4% ( Foad & .Beverages j 64,002 26.2% } Nightclubs { 8,563 3.5%° • • ~ • se ~ # of Units/Sq. Ft. ~ Code Ratios ! Total D ing Units ! 73 ~ 1.4 I 102. Retail t 90%) 35,326 ~ 0.0023 ~ .25 Theaters 'ng ~ 3,397 ~ 0.006060606 20.59 Restaurant se g ~ 7,441 ~ 0.004 29.76 Bar seating ~ 2,232 ~ 0. 8.93 Arcade/Bowling ~ 4,735 ~ 023 ~ 10.89 Tota ~ ~ 253.62 5% reduction ~ ~ 12.68 Net Required Parking ~ ~ ~ ~ 240.94 Parking Provided ~ i ~ 334.00 Parking Club Parking ~ ~ ~ 93.06 Note: Parking Calcula~assumes 73 units asworst case scenario. i , The parking to i 1 be operated with a fee structure tha ill allow the public to park ', i on-site. T ~ private parking facility will essentially free up rking within the munic' parking structures thus improving the Town's abilit accommodate skier a ail Village parking. G. Parking Club The owner of Crossroads will utilize the surplus parking spaces provided on-site as ~~ ~ part of a parking club where parking spaces will be leased and/or sold. It is anticipated that owners within the building will purchase additional parking spaces as well as other owners of property within the area. As currently planned the parking ~. club will utilize all of the parking not required for the planned uses on the site. Similar to other parking clubs in the Town, these parking spaces will allow persons who would have otherwise parked within the public parking structures, to park at Crossroads. The net impact will be to decrease demand on the Town's facilities. In any case, since the club spaces are in excess of the Town's requirements, the club will not impact the ability of the proposed uses to have adequate parking. ccess and Circulation The primary vehicu s oint for the project is located illage Center Road near the current curb-cut. treet alignmen es, and stacking space are drastically improved over the existing co here is a pone cochere for the residential condominiums accessed e Sout e Road for dropping .off and picking up of guests. ing to the traffic report pro the adjacent roads ways will still oper tt in acceptable levels of service. • Crossroads Redevelopment Mauriello Planning Group, LLC Attachment: C 12 • ~- i ~~~ ~ THIS ITEM MAPUBL C NOTOER PROPERTY NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on January 9, 2006, 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 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck and patio within the side and rear setback, located at 324 Beaver Dam~Road/Lot 19, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0092) Applicant: Peter Kalkus Planner: Bill Gibson An appeal of an administrative interpretation, pursuant to Section 12-3-3, Appeals, Vail Town Code, for clarifications to the provisions of Chapter 12-15, Gross Residential Floor Area, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special Development ~¢ 8' ~--~ District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use m°"~a-~° development; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing YI' ~(' 1, and setting forth details in regard thereto. (PEC05-0093) ~ Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell A request for conditional use permits, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code to allow for, a major arcade; a theater, meeting rooms, and convention facilities; multiple-family dwellings and lodges; a private club (parking club); a bowling alley; and the outdoor operation of an accessory uses (ice skating rink) located at 141 ~~ and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0094) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell A request for text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code to Section 12-2-2, Definitions, Vail Town Code, to define a bowling alley and a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for a bowling alley as a conditional use in the Commercial Service Center zone district; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and ~, setting forth details in regard thereto. (PEC05-0095) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented • `~ ~ by Mauriello Planning Group, LLC Planner: Warren Campbell Attachment: D • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 23, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC05-0080) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther I. SUMMARY The purpose of today's work session hearing with the Planning and Environmental Commission is to allow the applicant and staff an opportunity to present the revised major exterior alteration application to allow for the construction of Timberline Lodge. The presentation will include: • A powerpoint presentation of the applicant's revised major exterior alteration request and associated development applications; • A summary of the staff and DRB comments on the revised major exterior alteration request; • A summary of the Commission's roles in the development review process; • An overview of the applicable review criteria to be used by the Commission; and • A summary of the development standards and zoning regulations. 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. The Commission, however, is being asked to provide any additional feedback regarding the proposal in anticipation of a final decision at a future public hearing. r II. DESCRIPTION OF THE REQUEST The applicant, Timberline Roost Lodge, L.L.C., representing by Mauriello Planning Group, L.L.C., has submitted a revised major exterior alteration development review application to the Town of Vail Community Development Department to facilitate the redevelopment of the Roost Lodge, located at 1783 • North Frontage Road. The development application includes: 1) A revised major exterior alteration to allow for the demolition of • the existing Roost Lodge and the construction of the new Timberline Lodge. The development site of the Timberline Lodge is located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision. According to the stamped topographic survey, the development site occupies approximately 1.988 acres or 86,597 square feet. The applicant is proposing to construct a new four to six story tall lodge comprised of 126 accommodation units, 39 dwelling units, 3 employee housing units and 198 above and below grade parking spaces. The applicant anticipates that the new lodge will be operated by Marriott or another national hotel brand as a "limited service" lodge. As proposed, the accommodation units vary from 463 to 731 square feet while the dwelling units are approximately 850 square feet in size each. The three employee housing units are roughly 460 square feet in size each and configured to provide housing for a total of five employees. As designed, the exterior materials on the lodge are proposed to be a mixture of stone and wood siding with asphalt shingle roofing. Exterior decks and balconies have been added to the building's facade along with a roof ridgeline of varying heights to improve both the vertical and horizontal articulation of the building. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). III. BACKGROUND The Roost Lodge was originally constructed in the early 1970's as a motel project. The existing lodge contains 72 hotel rooms, one dwelling unit, and a paved surface parking lot. According to the Town's files, with the exception of minor applications for repainting, new deck rails, reproofing, etc., the Roost Lodge has seen no significant modifications since its original construction. On November 14 and 28, 2005, the applicant appeared before the Planning & Environmental Commission with a request to amend the text of the Public Accommodation zone district to allow accommodation units to include kitchen facilities, as a conditional use in the district. Upon consideration of the request, the Commission directed staff and the applicant to prepare an amendment which would result in the creation of a new zone district purposefully intended to allow accommodation units to include kitchen facilities in certain areas of Town. On December 6, 2005, during the PEC/DRB update to the Vail Town Council, staff informed the Town Council of the recent discussions with the Planning & Environmental Commission regarding the text amendment and the creation of a new zone district. The Town Council acknowledged that the intent of the proposed text amendment may have merit, however, encouraged the staff and Commission to evaluate other options. For example, the possibility of creating a new conditional use with use specific criteria addressing the relationship of the • use to other neighboring uses and development objectives of the Town or the elimination of the prohibition against kitchen facilities in accommodation units. The Town Council expressed that it may be appropriate to re-evaluate the 2 • • . legislative intent of the current land use policy prohibiting kitchen facilities in accommodation units. On December 20, 2005, the Community Development Department presented five possible options for addressing the applicant's desire to construct a lodge containing accommodation units with kitchen facilities. Following discussion of the various options, the Council directed staff to prepare a text amendment to Title 12, Zoning Regulations, proposing the creation of the Public Accommodation-2 (PA-2) district. On January 9, 2006, the Town of Vail Planning & Environmental Commission held a public hearing on a text amendment application creating the Public Accommodation-2 district and a request to rezone Lots 9-12, Buffher Creek Resubdivision to the new PA-2 district. Upon consideration of the application, the Commission voted 6-0-0 to forward a recommendation of approval of the text amendment to the Vail Town Council. On January 17, 2006, the Vail Town Council held a first reading on Ordinances 2 & 3, Series of 2006, creating the Public Accommodation-2 district and rezoning the Timberline Roost Lodge development site to the new PA-2 district, respectively. Following discussion on each ordinance, the Town Council approved both ordinances on first reading. Second reading of Ordinances 2 & 3 is presently scheduled for Tuesday, February 7cn On January 18, 2006, the Town of Vail Design Review Board held a conceptual review meeting to review the revised major exterior alteration application for the Timberline Roost Lodge. A summary of the Board's comments can be found in the letter to Greg Gastineau, dated January 19, 2006, and attached for reference (Attachment B) IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town Council, and Staff on the various applications submitted on behalf of Vail Resorts Development Company. r A. Exterior Alteration/Modification in the Public Accommodation-2, zone district Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: r Action: The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance • with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and 3 • 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. 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 DOCUMENTS. Vail Land Use Plan According to the Official Land Use Plan for the Town of Vail, the development site has a land use designation of Medium Density Residential. Pursuant to the Vail Land Use Plan, "The Medium Density Residential land use designation includes sites for housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional/public uses such as churches, fire stations, and parks and open space facilities. " Title 12. Zonina Reaulations PUBLIC ACCOMMODATION-2 ZONE DISTRICT (in part) CHAPTER 7 Commercial and Business Districts Article J. PUBLIC ACCOMMODATION - 2 (PA-2) DISTRICT 12-7J-1: PURPOSE: The public accommodation -2 district is intended to provide sites for lodges, lirrnited service lodges, and residential accommodations on a short term basis, for 4 • • visitors and guests, together with such public and semipublic facilities and • commercial/retail and related visitor oriented uses as may be appropriately located within the same district and compatible with adjacent land uses. This district is intended to provide for lodging sites located outside the periphery of the Town's Vail Village and Lionshead commercial core areas. The public accommodation - 2 district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the district by establishing appropriate site development standards. Additional nonresidential uses are allowed as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the district. 12-7J-2: PERMITTED USES: The following uses shall be permitted in the PA-2 district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Limited service lodge, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten . percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace.. 12-7J-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA-2 district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast, as further regulated by section 12-14-18 of this title. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the buildings, grounds and facilities. Public or commercial parking facilities or structures. Public transportation terminals. Ppblic utility and public service uses. Theaters and convention facilities. • Type III employee housing units as provided in chapter 13 of this title. 12-7J-4: ACCESSORY USES: i • The following accessory uses shall be permitted in the PA-2 district: • Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Meeting rooms. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7J-6: SETBACKS: In the PA-2 district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). At the discretion of the planning and environmental commission and/or the design review board. variations to the setback standards outlined above may be aogroved during the review of exterior alternations or modifications (section 12-7A-12 of this articlel subject to the applicant demonstrating compliance with the following criteria: A~Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B.Proposed building setbacks will provide adequate availability of light, air and , • open space. C.Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D„Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 12-7J-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45'). For a sloping roof, the height of buildings shall not exceed forty eight feet (48'). 12-7J-8: DENSITY CONTROL: Ub to one hundred fifty (1501 sauare feet of gross residential floor area (GRFAI may be permitted for each one hundred (1001 sauare feet of buildable site area. Final determination of allowable gross residential floor area shall be made by the planning and environmental commission in accordance with section 12-7J-12 of this article. Specifically. in determining allowable cross residential floor area the glannina and environmental commission shall make a finding that proposed Gross residential floor area is in conformance with applicable elements of the Vail • Comprehensive Plan. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. For the purposes of calculating density, employee housing units, limited service lodge units, accommodation units and 6 • • fractional fee club units shall not be counted towards density (dwelling units per acre). A dwelling unit in amultiple-family building may include one or more attached accommodation units. 12-7J-9: SITE COVERAGE: Site coverage shall not exceed sixty five percent (65%) of the total site area. Final determination of allowable site coveraoe shall be made by the planning and environmental commission and/or the design review board in accordance with section 12-7J-12 of this article. Specifically. in determining allowable site coverage the planning and environmental commission and/or the design review board shall make a finding that proposed site coveraoe is in conformance with applicable elements of the Vail Comprehensive Plan. 12-7J-11: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short term guest loading and drop. off shall be permitted in the required front setback subject to the approval of the planning and environmental commission and/or the design review board. 12-7J-12: EXTERIOR ALTERATIONS OR MODIFICATIONS: ,~ Ar Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the design review board in accordance with chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, limited service lodge units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list • o~ the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is 7 . • demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. 4. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. 5. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void three (3) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. 12-7J-13: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the public accommodation zone district, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 1~-7J-14: MITIGATION 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. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the coals of redevelopment and will be determined by the planning and environmental commission in review of development proiects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. • VI. ZONING ANALYSIS 8 • Address/Legal Description: 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision Zoning: Public Accommodation (PA) District Land Use Designation: Medium Density Residential Development Standard ~ Allowed/Required Proposed Lot Area: 10,000 sq. ft. min. 86,597 sq. ft. Density: 49 Dwelling Units 39 Dwelling Units AU's Unlimited 124 AU's GRFA*'`**: 129,896 sq. ft. 100,240 sq. ft. Building Height: 48 feet 48 feet Site Coverage****: 56,288.23 sq. ft. (65%) 32,864 sq. ft. Landscape Area: 25,979 sq. ft. (30%) 31,960 sq. ft. Setbacks***'`: North: 0'-20' 20' West: 0'-20' 20' East: 0'-20' 20' • South: 0'-20' 20' Parking: 191 spaces 196 spaces Loading: 1 berth 1 berth Employee 3 units (5 beds) 3 units (5 beds) Housing: "'*** Subject to revi ew and approval by the Planning & Environmental Commission. VII. SURROUNDING L AND USES AND ZONING Land Use Zoninq North: Resi dential Two Family Primary/Secondary Residential South: I-70 ROW NIA East: Resi dential Two Family Primary/Secondary Residential West: Resi dential Residential Cluster District VIII. MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12-7A-13, Compliance Burden, Vail Tow n Code, outlines the review criteria for major exterior alteration applications proposed within the Public Accommodation (PA) zone district. According to Section 12-7H-13, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 9 • 1) Compliance with the purposes of the Public Accommodation zone district; 2) That the proposal is consistent with the Vail Village Master Plan, the Vail Village Urban Design Guide Plan and the Vail Village Streetscape Master Plan; 3) That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and 4) That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Should the Planning and Environmental Commission choose to approve the major exterior alteration application, staff recommends that the Commission makes the following finding as part of the motion: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed major exterior alteration is in compliance with the purposes of the Public Accommodation zone district, that the proposal is for a development site located outside of the scope of the Vail Village Master Plan, the Vail Village Urban Design Guide Plan and the Vail Village Streetscape Master Plan and therefore these planning documents are not applicable to this application; and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, • and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. " IX. DISCUSSION ISSUES ,, Completeness of Application • The Community Development Department has completed a "completeness" review of the revised major exterior alteration application for the construction of the Timberline Lodge. Upon completion of the review it has been determined that the application is largely complete. However, additional revised materials are required to be submitted prior to a final review of the major exterior alteration application. The applicant needs to provide the following: 1. Stamped, addressed envelopes and a list of the property owners adjacent to the subject property. 2. A written statement describing the revised proposal and how the proposal complies with the applicable adopted master plans and planning documents. Special attention shall be given to the review criteria outlined in Sections 12-7J-6, 8, & 9. 3. A revised landscape plan. (please consult the New Construction Application for Design Review for minimum submittal requirements) 4. A roof height plan demonstrating compliance with the prescribed height limitation 10 5. Revised architectural elevations. (please consult the New Construction Application for Design Review for minimum submittal requirements) 6. Please address the written comments addressed in the letter from Tom Kassmel, dated January 17, 2006. 7. Revised architectural floor plans of all levels of the proposed building.. (please consult the New Construction Application for Design Review for minimum submittal requirements) 8. A revised digital massing and site plan model 9. A revised 8.5" x 11" reduced plan set Is there any additional information required by the Planning ~ Environmental Commission prior to final review? Site Planning • The Community Development Department has reviewed the revised site plan submitted for the Timberline Lodge. Upon completion of the review, several questions still remain regarding the proposed site design. The staff believes that the applicant has done a good job of designing a building which complies with the development standards prescribed for development in the Public Accommodation-2 zone district. For example, since the last meeting with the Planning & Environmental Commission, the applicant has moved to the south in an effort to reduce the site grading and retaining around the lodge. Staff does believe, however, that additional design work and thought should be given to the site design and layout of the new lodge. As r proposed, the resulting site plan creates several undesirable consequences. For instance, atwenty-three foot tall retaining wall design with three-foot wide benches between the walls located at the rear of the new lodge, a loading and delivery berth located at the guest drop off to the lodge, a potentially difficult to access trash enclosure, a landscape design and planting plan which will be severely impacted as a result of the required left-turn lane on the North Frontage Road, a grading plan which potentially requires easements or a similar form of agreement with adjoining property owners to grade off of the property, a traffic circulation plan which does not meet minimum standards, the need for minimum emergency egress of the occupants of the lodge, etc. While none of these issues prevent the construction of a new lodge, they do pose potentially undesirable consequences and conflicts which bear further study prior to final review. What additional input or feedback, if any, does the Commission have for the applicant with regard to the proposed application? Traffic Circulation • In accordance with the prescribed submittal requirements, the applicant has submitted a revised Traffic Analysis for the Roost Lodge Expansion Project, dated January 6, 2006. In summary, the Town Engineer has concluded that the new lodge will warrant the need for enhancements to the existing traffic control and geometry along the frontage road corridor in the form of a relocated public transit stop and a new left-turn lane. 11 • i Additional revisions to the site plan shall be required to address minimum vehicle turning radii. One option the applicant is exploring to comply with the minimum standards is to construct aone-way traffic flow pattern. Prior to taking final action on this application the Community Development Department recommends that the applicant's consulting traffic engineers and the Town Engineer present their final findings and conclusions to the Commission for review and consideration. Mitigation of Development Impacts ~ Pursuant to Section 12-7A-14 of the Zoning Regulations, "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. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts." In keeping with the intent of Section 12-7A-14, Mitigation of Development Impacts, the applicant is proposing to offset the impacts of the proposed development by providing employee housing fora minimum of five employees, placing approximately 365 linear feet of existing overhead power line underground, and constructing a new public transit stop along the North Frontage in front of the new lodge. With the exception of the providing employee housing, the applicant will be required to work with Holy Cross Energy, the Town of Vail, and the Colorado Department of Transportation to underground the overhead utility line and construct the new public transit stop. Are there any other direct impacts of the proposed development besides employee generation, utility line relocation, and public transit enhancements that the Commission believes the applicant should mitigate? DRB Comments On January 18, 2006, the applicant again appeared before the Town of Vail Design Review Board for a conceptual review of the major exterior alteration application. To date, the Board has been very complimentary of the applicant's effort in addressing the Board's comments and concerns. • The Board, however, did request the applicant further explores options and solutions to the design to ensure compliance with the Town's adopted design guidelines. A copy of the Board's comments and 12 • r: questions are contained in a letter to Greg Gastineau, dated January 19, S 2006 (Attachment B). X. STAFF RECOMMENDATION As this is a worksession meeting only, staff will not be forwarding a recommendation on the major exterior alteration to the Planning & Environmental Commission at this time. XI. ATTACHMENTS Attachment A: Vicinity Map Attachment B: Letter to Greg Gastineau, dated January 19, 2006. i 13 • • • • 14 . . • • • ATTACHMENT B January 19, 2006 Mr. Greg Gastineau Timeberline Roost Lodge, LLC 12 Vail Road, Suite 600 Vail, Colorado 81657 RE: Town of Vail Design Review Board Comments, January 18. 2006 Dear Greg, Thank you for appearing before the Town of Vail Design Review Board on January 18, 2006, with the design application for the new Timberline Roost Lodge. Given the comments from the Board members, I believe you are making significant progress in addressing the Board's previous issues. The purpose of my letter is to provide you with a written summary of the Board's remaining comments and questions about the application. Please continue to explore solutions to the following comments: 1. Explore the opportunity to further reduce the retaining wall heights at the back corner of the building. 2. Explore opportunities for slight color variety in the roof material; subtle. 3. Explore opportunities for additional landscaping, especially along the North Frontage Road, given that the CDOT right of way will likely not be available for landscaping. 4 Explore opportunities of providing an enclosed garage entry/exit at the east end of the building. This enclosed entry/exit may also assist in resolving the building height overage and retaining wall design. 5. Explore the opportunity of relocating building mass overtop of a covered porte cochere to aid in the resolution of the rear retaining wall problem. 6. Explore opportunities for improving the location/design of the loading and delivery berth. An option may be to combine loading and delivery with trash removal. 7. The building material application on the north (rear) elevations shall match that of the south (front) elevations. 8 Please provide a 4' X 8' exterior building materials sample board on site. 9. The final outdoor lighting plan may be submitted after final approval, as a condition of approval. 15 Again, thank you for appearing before the Town of Vail Design Review Board on January 18th with the major exterior alteration application for the redevelopment of the Roost Lodge. Should you have any questions or concerns with regards to the information addressed in this letter, please do not hesitate to call. Sincerely; George Ruther, AICP Chief of Planning Town of Vail :7 U 16 • • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • ,. , .~ January 9, 2006 TOW1V01'UAti; PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm 1. Staff memorandums were discussed with Commission members; no direction given. MEMBERS PRESENT Bill Jewitt Rollie Kjesbo George Lamb Doug Cahill Chas Bernhardt Dave Viele MEMBERS ABSENT Anne Gunion Site Visits: 1. Kalkus Residence - 324 Beaver Dam Road Driver: Bill Public Hearing -Town Council Chambers 2:00 pm 1. A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck and patio within the side and rear setbacks, located at 324 Beaver Dam Road/Lot 19, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0092) • Applicant: Peter Kalkus Planner: Bill Gibson ACTION: Denied MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 Bill Gibson presented an overview of the staff memorandum. Steve Riden gave a presentation discussing the history of the structure and the desire of the owners to create new access around their property. The Commission did not find proof of a physical hardship to warrant this variance request. The Commission stated that the previous setback variance granted in 1984 compensated the applicant for the apparent sewer easement on the property. The Commission found that approving this current request would be a grant of special privilege. 2. A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0093) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to January 23, 2005 • MOTION: Viele SECOND: Lamb VOTE: 6-0-0 Page 1 • • Warren Campbell added several recently received letters to the public record, including a letter from the Vail Village Homeowners Association, the Vail Chamber and Business Association, the Village Inn Plaza Condominium Association and the vice-president of the Village Center homeowners Condominium Association. Warren Campbell presented an overview of the request and the staff memorandum. Dominic Mauriello, representing the applicant, noted that last year the PEC gave direction to create a digital model of the project rather than a physical model. He stated that the applicant was unaware of any requirement to provide a physical model of the neighboring properties as a part of this application. He stated that their concern was that a physical model would take 6 to 8 weeks to complete and would delay their project. He further noted concerns that several members of the PEC will be term limited this spring, and a delay in the review process could require the applicant work with two different groups of PEC members. He concluded by presenting a power point presentation which demonstration the differences between the current Crossroad Redevelopment proposal and the proposal recommended for approval by the PEC on April 25, 2005. Russ Forrest noted that the Staff is requesting both a digital and physical model to provide as much information as possible to the PEC and the public during the review process. Winston and; Associates presented the April 25, 2005, digital model of the proposal, while Dominic Mauriello further explained the proposal. Joe Stauffer, a resident and neighboring property owner, noted that in the early 1970's he was required to construct a physical model of the WI and the surrounding neighborhood. He believes a physical model is necessary understand the scale of this proposal. Lourdes Verzacca, a citizen, requested that the PEC not second guess themselves and allow the proposal to proceed. Jim Lamont, representing the Vail Village Homeowners Association, requested the PEC treat all applicants equally. He noted that those in the public do not have access to the digital model outside the actual hearing, unlike a physical model. He commented that the physical study model of the recent Ritz Carlton project is an example of a good tool for the public review process. He believes it is unfair for an applicant to not provide a tool, physical model, for reviewing the project. He feels that a change in the political environment does not alter the key elements and issues about the project. He believes that all tools should be made available for these discussions. He noted that Vail's Front Door, Arrabelle, etc. provided both forms of models. The PEC would be undermining the review process and create preferential treatment between applicants and development projects if they did not require a physical model and surrounding properties for Crossroads to be submitted. He concluded by stating that it appeared their had been ex parte communication regarding this item and that in any form it is wrong. Kaye Ferry, as a public citizen and as part of the VCBA, questioned why a physical model had become an important issue. She believes there is something going on behind the scenes to slow this project. She asked what has changed that would cause the PEC to change their minds about approving this project. She believes the community wants this project built and as soon as possible. Paul Verzacca, owner of La Tour Restaurant, voted in the recent election for candidates that • would push this project through. Page 2 • Dominic Maurieilo, noted that they did submit a physical model of the proposed building and should not be expected to submit materials different from their original application. He did not see anyway to anticipate the need for both types of models. He believes that in fairness they should not be required to submit both a physical and digital model. Commissioner Viele recalled a meeting last year where the PEC chose to require a digital model rather than a physical model. He noted that the same submittal requirements should be required of each applicant. He feels the PEC has adequate information to review this proposal. He does see value in the physical model being submitted, but felt is unfair to require it of the entire neighborhood. He wants clear expectation of submittal requirements to be made to applicants. Commissioner Bernhardt did not believe it was fair to change the submittal requirements in mid- process. He does not believe the PEC needs any additional information. Commissioner Jewitt does not believe a physical model is necessary. If one was to be constructed it should only include the Frontage Road neighborhood. He does not believe the PEC needs and additional information. At the Council's direction, this project should move forward expeditiously. Commissioner Kjesbo agreed with the other Commissioners and would like to see a final staff memorandum in two weeks. Commissioner Lamb noted his opposition vote to the original proposal. His primary concern was and continues to be the floor-to-ceiling ratio that is different from other projects (11 feet 6 inches). He believes that a physical demonstration of the height would be helpful to the PEC and the public, i.e., making a mark on an adjacent construction crane. He does not believe anyone is opposed to a redevelopment of Crossroads, however, this project and others are changing the character of Vail. He is comfortable with the digital model. He would like to see the use of cranes, balloons, etc., to show the actual building height. Commissioner Cahill is comfortable with the information the have received at this time. He recommends meeting with the Council to determine appropriate submittal requirements for future projects. He would like the applicant to mark the building height on an adjacent construction crane. The Town needs to update the zoning for this property and update the Vail Village Master Plan. He also recommended more clearly defining public benefits for use when reviewing future projects. 3. A request for final review of a text amendment to Chapter 4, Districts Established, Section 12-4- 1, Designated, Vail Town Code, to allow for the establishment of the Public Accommodation - 2 (PA-2) district, and setting forth details in regard thereto. (PEC06-0006) Applicant: Town of Vail Planner: George Ruther ACTION: Forward a recommendation of approval MOTION: Kjesbo SECOND: Lamb VOTE: 6-0 George Ruther presented an overview of the request and the staff memorandum. Jim Lamont, /ail Village Homeowners Association, commented that a new class of hotel market is now creating a demand for these types of hotel units. He asked staff to clarify what land uses were available in this new district and noted his concern that some West Vail properties should be mixed-use rather than just hotel projects. He also questioned if the district's parameters • would be adequately compatible with other neighborhoods. Page 3 • • The Commissioners thanked Staff for their efforts in addressing this issue. There were no other comments. 4. A request for a recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7„ Amendment, Vail Town Code, to rezone Lots 9-12, Buffehr Creek Resubdivision, Roost Lodge, from Public Accommodation (PA) district to Public Accommodation-2 (PA-2) district, located at 1783 North Frontage Road, Lots 9-12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC05-0104) Applicant: Timberline Roost Lodge, LLC Planner George Ruther ACTION: Approved with conditions MOTION: Kjesbo SECOND: Bernhardt VOTE: 6-0 CONDITIONS: This approval is contingent upon the adoption of an ordinance establishing the Public Accommodation-2 (PA-2) district George Ruther presented an overview of the request and the staff memorandum. There was no additional comment from the applicant, public, or Commissioners 5. A request for a final review of a major exterior alteration, pursuant to Section 12-7A-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC05-0080) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Tabled to January 23, 2006 MOTION: Lamb SECOND: Kjesbo VOTE: 6-0 6. An appeal of an administrative interpretation, pursuant to Section 12-3-3, Appeals, Vail Town Code, for cli~rifications to the provisions of Chapter 12-15, Gross Residential Floor Area, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Biil Gibson ACTION: Tabled to January 23, 2006 MOTION: Lamb SECOND: Kjesbo VOTE: 6-0 7. A request for conditional use permits, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code to allow for, a major arcade; a theater, meeting rooms, and convention facilities; multiple- family dwellings and lodges; a private club (parking club); a bowling alley; and the outdoor operation of an accessory uses (ice skating rink) located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0094) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to January 23, 2006 MOTION: Lamb SECOND: Kjesbo VOTE: 6-0 8. A request for text amendments, pursuant to Section 12-3-7, Amendment, Vai! Town Code to Section 12-2-2, Definitions, Vail Town Code, to define a bowling alley and a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for a bowling alley as a conditional use in the Commercial Service Center zone district; located at 141 and 143 • Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0095) Page 4 • • Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC • Planner: Warren Campbell ACTION: Tabled to January 23, 2006 MOTION: Lamb SECOND: Kjesbo VOTE: 6-0 9. A request for a final review of a major exterior alteration, pursuant to Section 12-7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of retail and restaurant space (Sweet Basil and Emata) and the modification of an existing outdoor dining deck, located at 193 Gore Creek Drive/Lot 56, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building) and setting forth details in regard thereto. (PEC05-0097) Applicant: Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects Planner: Elisabeth Eckel ACTION: Tabled to January 23, 2006 MOTION: Lamb SECOND: Kjesbo VOTE: 6-0 10. A request for a final review of a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for the construction of 124 accommodation units with kitchen facilities, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC05-0081) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: WITHDRAWN 11. A request for final review of a text amendment to Section 12-7A-3, Conditional Uses, pursuant to • Section 12-3-7, Amendment, Vail Town Code, to add "accommodation units with kitchen facilities" as a new conditional use in the Public Accommodation zone district, and setting forth details in details in regard thereto. (PEC05-0079) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: WITHDRAWN 12. Approval of December 21, 2005 minutes MOTION: Bernhardt SECOND: Jewitt VOTE: 6-0 13. Information Update Russ Forest updated the Commission about future discussions about the community plan update, West Vail redevelopment, and Timber Ridge redevelopment. Commissioner Jewitt asked that the Town Attorney present a review of appropriate project orientation meeting procedures. 14. Adjournmenty MOTION: Kjesbo SECOND: Jewitt VOTE: 6-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. • Page 5 • • Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department • Published January 6, 2006, in the Vail Daily. • Page 6 ,] C ~ C ~ C ~= y ~ ° o ~ o E n rn c„9 c'Ci_ w rn '~ ao O ~ t ~ ~ a;c'~Nm y£L OaO h ~ NEOL~~ ~ ~ ~¢ y Lj>F•C~'a o ^ p?U~~a E ~. 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PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ~~ February 13, 2006 1i~WNt~'VAiL ' PROJECT ORIENTATION -Town Council Chambers. PUBLIC WELCOME 1:30 pm 1. Staff memorandums were discussed with Commission members; no direction given. MEMBERS PRESENT Dave Viele Chas Bernhardt Doug Cahill George Lamb Rollie Kjesbo Bill Jewitt Site Visits: Driver: MEMBERS ABSENT Anne Fehlner-Gunion Public Hearing -Town Council Chambers 2:00 pm 1. A request for final review of an appeal of an administrative action, pursuant to Section 12-3-3, Appeals, Vail Town Code, appealing the staff determination of an incomplete development application, 1146 Sandstone Drive/Lot A7, Block A9, Casolar Vail, and setting forth details in . regard thereto. (PEC05-0096) Applicant: Eric Beringause, represented by Fritzlen Pierce Architects Planner: Matt Gennett ACTION: Upheld Staff Determination MOTION: Jewitt SECOND: Bernhardt VOTE: 5-0-1(Kjesbo recused) Rollie Kjesbo recused himself from the item as he has a conflict of interest. Matt Gennett gave a presentation per the staff memorandum. Bill Pierce, representing the applicant, handed out a document with multiple exhibits and gave a presentation regarding the overall subdivision. On the map presented it was identified that there are several homes constructed on the site and two lots which are platted but not constructed. The applicant stated that the items being requested by staff are too onerous and an invasion of privacy in order to do GRFA calculations for other units. He stated that the Town's legal file clearly identifies that there is no GRFA remaining and Arthur Beringause, father of the applicant, stated that the current residence is small and difficult for his disabled son to maneuver around the home. He would like to make some changes to their existing home in order to make it easier for his son to come to the house. Not asking for pity or empathy or money just the ability to make some minor changes to their existing house. David Viele asked several questions regarding the possible re-platting of the property. He personally feels like requesting a resubdivision and asking for any associated variances regarded to have the plat comply with the Residential Cluster zone district. Page 1 Matt Gennett, stated that with the minimum lot size and minimum buildable lot area required in the Residential Cluster District it would be difficult to re-subdivide the parcel and have parcels • which comply with the zoning. George Lamb believes there is a historic lineage leading to 1690 as the maximum GRFA. With the 225 and X50 having been built it is clear that the unit is over 1690 and the ability to come in for a variance is there. However, a survey of the immediate area will be needed to establish height, site coverage, etc. Bill Jewitt discussed the desirability of the association providing the survey. He feels a survey is absolutely needed and is torn over whether or not 1690 sq ft of GRFA should be used as the standard. He further suggested doing the survey and determining the allowable GRFA. Then dividing the allowable GRFA by the number of units and that would give the allowable GRFA for each unit. No use of GRFA by one unit would negatively affect another unit. This would require proper notification of all members of the association. The Commission directed staff to go back with the applicant and develop some fair and reasonable options. In general, the Commissioners stated that a topographical survey was necessary. 2. A request for a final review of a conditional use permit, pursuant to Chapter 12-16, Conditional Uses, to allow for the temporary use of the tennis facility for conferences and conventions, located at Special Development District No. 4, Cascade Village, Area A, 1300 Westhaven Drive, and setting forth details in regard thereto. (PEC06-0002) Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan Planner: Matt Gennett ACTION: Approved with condition(s) • MOTION: Viele SECOND: Jewitt VOTE: 6-0-0 Matt Gennett gave a presentation per the staff memorandum. The applicant was not present. Jim Lamont, representing the Vail Village Homeowners Association, asked about what could be done if parking became a problem. He also asked about how the traffic impact fee is assessed to a project which gets a yearly CUP to increase the number of trips. The Commissioners supported approval of the conditional use permit with the condition specified in the staff memorandum. 3. A request for a recommendation to the Vail Town Council of an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership Planner: Warren Campbell ACTION: Tabled to March 13, 2006 • MOTION: Lamb SECOND: Bernhardt VOTE: 5-0-1 (Viele recused) Dave Viele recused himself from the item as he is one of the applicants. Page 2 Warren Campbell gave a presentation per the memorandum. • Jay Petersen, representing the applicant, gave some opening comments regarding the reason that an amendment to the Master Plan is being proposed. Bob Fitzgerald and Lou Bieker, representing the applicant, gave a power point presentation which visually depicted three scenarios for redevelopment. Jim Lamont, representing the Vail Village Homeowners Association, discussed the Simba Run interchange and why it is critical and why the location is where it is along the Frontage Roads. He continued by asking if the West Lionshead area would be included in the existing Lionshead TIF district in order to apply the funds collected to the Simba Run interchange. He stressed the importance of taking advantage of any potential future access to the mountain by snowcats. Some land use suggestions were that night clubs would be a good use for this new area as it could be designed to eliminate conflict between residential and louder entertainment clubs. He continued by stating that there wil be a need to create enough vitality to make the portal active and lively. Having transportation center elements on the site would be beneficial. An analysis would be desired to show how it addresses the current traffic and circulation issues. The Commission supported the realignment of the Frontage Road and subterranean parking. The status of the progress on working with Glen Lyon regarding Tract K was a topic of discussion. The Commission supported making Red Sandstone Creek an attractive feature in any redevelopment. The opportunity here is exciting and the possibility of creating an exciting new place is a reality. Mass transportation between structures important, such as an express bus. Discussed scale, bulk, and mass needing to step down as you go south and west. • Bill Jewitt discussed employee housing and that a better option than building on-site would be to contribute some funds to Timber Ridge. Need to examine spring and summer options for utilizing the parking during the off-seasons, suggested a busing system. Discussed concerns about the retail area and mix for this proposed new portal. More time needs to be spent on studying retail. 4. A request for a recommendation to the Vail Town Council of an amendment to the Vail Land Use Plan map, pursuant to Section 8-3, Vail Land Use Plan, to designate the Lionshead Redevelopment Master Plan area, and setting forth details in regard thereto. (PEC05-0098) Applicant: Town of Vail Planner: Warren Campbell ACTION: Recommendation of approval MOTION: Viyele SECOND: Kjesbo VOTE: 6-0-0 r Warren Campbell gave a presentation per the staff memorandum. There was no public comment. The Commission was supportive of the application. 5. A request for a final review of a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting fc}rth details in regard thereto. (PEC05-0080) • Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Tabled to February 27, 2006 Page 3 MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 • 6. An appeal of an administrative interpretation, pursuant to Section 12-3-3, Appeals, Vail Town Code, for clarifications to the provisions of Chapter 12-15, Gross Residential Floor Area, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson ACTION: Withdrawn 7. A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential garage addition, within the side setback, located at 1673 Matterhorn Circle/Lot 20, Matterhorn Village, and setting forth details in regard thereto. (PEC06-0006) Applicant: Daniel Kondos, represented by Stuart Brummett Design Studio Planner: Bill Gibson ACTION: Withdrawn 8. Approval of January 23, 2006 minutes MOTION: Jewitt SECOND: Kjesbo VOTE: 6-0-0 9. Information Update • West Vailt Plan -Next Steps 10. Adjournment MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular • office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language ir~erpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published February 10, 2006, in the Vail Daily. • Page 4 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING . ~ February 13, 2006 TC}If~ Ot" VAiI, ` PROJECT ORIENTATION -Town Council Chambers. PUBLIC WELCOME 1:30 pm MEMBERS PRESENT MEMBERS ABSENT Site Visits: Driver: Public Hearing -Town Council Chambers 2:00 pm 1. A request for final review of an appeal of an administrative action, pursuant to Section 12-3-3, Appeals, Vail Town Code, appealing the staff determination of an incomplete development application, 1146 Sandstone Drive/Lot A7, Block A9, Casolar Vail, and setting forth details in regard thereto. (PEC05-0096) Applicant: Eric Beringause, represented by Fritzlen Pierce Architects •~ Planner: Matt Gennett ACTION: MOTION: SECOND: VOTE: 2. A request for a final review of a conditional use permit, pursuant to Chapter 12-16, Conditional Uses, to allow for the temporary use of the tennis facility for conferences and conventions, located at Special Development District No. 4, Cascade Village, Area A, 1300 Westhaven Drive, and setting forth details in regard thereto. (PEC06-0002) Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan Planner: Matt Gennett ACTION: MOTION: SECOND: VOTE: 3. A request for a recommendation to the Vail Town Council of an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership Planner: Warren Campbell ACTION: . • MOTION: SECOND: VOTE: Page 1 w MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 13, 2006 SUBJECT: An appeal, pursuant to Section 12-3-3B, Appeal of Administrative Actions, Vail Town Code, appealing a staff determination of an incomplete variance application, 1146 Casolar Del Norte Drive/Lot A7, Block A9, Casolar Vail, and setting forth details in regard thereto. (PEC05-0096) Applicant: Eric Beringause, represented by Fritzlen Pierce Architects Planner: Matt Gennett ~~ I. SUBJECT PROPERTY The property for which a variance application from the Gross Residential Floor Area (GRFA) standards of the Residential Cluster (RC) zone district was made is located at 1146 Casolar Del Norte Drive/Lot A7, Block A9, Casolar Vail. More specifically, Unit 6A, 1190 Casolar Del Norte Drive, Casolar at Vail subdivision was the subject property of the variance application withdrawn due to its incompleteness. II. PLANNING AND ENVIRONMENTAL COMMISSION JURISDICTION Pursuant to Section 12-3-3B-1, Appeal of Administrative Actions; Authority, Vail Town Code, the Planning and Environmental Commission has the authority to hear and decide appeals from any decision, determination or interpretation by any Town of Vail administrative official with respect to the provisions of the Title 12, Zoning Regulations, Vail Town Code. III. PROCEDURAL CRITERIA FOR APPEALS Pursuant to Sections 12-3-3B-2 and 12-3-3B-3, Appeal of Administrative Actions; Initiation and Procedures, Vail Town Code, there are three basic criteria for an appeal: A) standing of the appellant; B) adequacy of the notice of appeal; and C) timeliness of the notice of appeal. • A) Standing of the Appellant The appellant has standing to appeal the administrative decision related to the staff determination that the application made on behalf of Eric Beringhause by Fritzlen-Pierce Architects, December 12, 2006, for a variance from Section 12-6E-8: Density Control, Residential Cluster (RC) zone district, Vail Town Code, did not contain sufficient materials for review and must therefore be withdrawn. B) Adequacy of the Notice of the Anneal The application for this appeal was filed by the property owner of Unit 6A, Lot A7, Block A9, Casolar Vail, Mr. Eric Beringhause. The Appeals Form and the materials required for its submission have been determined to be complete by the Community Development Department. C) Timeliness of the Notice of Anneal The Administrative Section of the Town's Zoning Code (12-3-3B-3, Procedures) states the following: "A written notice of appeal must be filed with the Administrator or with the department rendering the decision, determination or interpretation within twenty (20) calendar days of the decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or a Town-observed holiday, the last day for filing an appeal shall be extended to the next business day. The Administrator's decision shall become final at the next Planning and Environmental Commission meeting (or in the case of design related decision, the next Design Review Board meeting) following the Administrator's decision, unless the decision is called up and modified by the Board or Commission. " IV. The applicant submitted a complete appeal application within the twenty (20) day requirement. NATURE OF THE APPEAL On December 12, 2006, William Pierce of Fritzlen Pierce Architects, on behalf of Mr. Eric Beringhause, filed an official appeals form to the Town of Vail Community Development Department. The nature of the appeal is generally described below. The appellant is appealing the following administrative determination: 1) It was determined by Staff that the appellant's application for a variance from Section 12-6E-8: Density Control, Residential Cluster (RC) zone district, Vail Town Code, was incomplete based upon Section 12-17-2, Application Information Required for a Variance application (see Attachment A, staff letter) because it lacked the following, required application materials: A stamped, topographic survey of 1146 Casolar Del Norte Drive/Lot A7, Block A9, Casolar Vail, for use in calculating build-able site area and subsequently, the allowable Gross Residential Floor Area (GRFA) for the entire site. Staff cannot use anecdotal information or make assumptions based upon historical records to determine what is existing floor area, or what the actual allowable GRFA for this development site. • Complete floor plans, existing and proposed, drawn at an appropriate scale for both halves of the existing duplex on Lot 6 in order for Staff to accurately determine what has been built, and what remains with respect to not only GRFA, but other such parameters as site coverage, landscape area, 2 setbacks, and any other zoning standards which might also require a variance. Accurate, verifiable calculations of the total amount of existing GRFA on 'the entirety of what is known as Lot A7, Block A9, Casolar Vail, in order to determine whether a variance from the GRFA restrictions of the Residential Cluster (RC) zone district is required in this instance. Without knowing the actual constructed amount of GRFA on site, Staff cannot accurately determine what amount of GRFA, if any, remains for the development site. The appellant's statement as to the specific nature of the appeal is attached (Attachment B), as is documentation of his research into the Town's legal files for the subject property (Attachment C). V. REQUIRED ACTION To Uphold/Overturn/Modify the administrative action. Section 12-3-3B-5, Findings, details the requirements for action taken by the Planning and Environmental Commission as follows: "The Planning and Environmental Commission (or the Design Review Board in the case of design guidelines) shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met " VI. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission upholds the administrative action which determined that an application for a variance was incomplete and therefore unable to be effectively processed, and was therefore subsequently withdrawn. In accordance with the information presented in this memorandum, and the exhibits attached hereto, staff recommends that the Planning and Environmental Commission makes the following finding: That the Community Development Department Aministrator has appropriately determined that the application for a Gross Residential Floor Area (GRFA) variance submitted on behalf of Mr. Beringhause of 1190 Casolar Del Norte Drive, Unit 6A/ Lot A7, Block A9, Casolar Vail, was incomplete and had to be withdrawn by the Administrator. VII. ATTACHMENTS A. Staff Letter of Incompleteness and Withdrawal dated January 4, 2006 B. Appellant's Representative's Response to Staff Letter C. Documentation of Appellant's Representative's Research 3 i~ TOWN OF VAIL Department of Community Development 75 South Frontage Road Yail, Colorado 81657 970-479-2138 FAX 970-479-2452 wwwvailgoucom FILE COPY January 4, 2005 William Pierce Fritzlen-Pierce Architects 1650 East Vail Valley Drive, Fallridge C-1 Vail, Colorado S 1657 Dear Bill, As we discussed this afternoon, I am returning the variance application submitted by your firm on behalf of Mr. Beringhause because staff has determined its contents are incomplete. The status of the application will be entered into our system as being "withdrawn". The following materials are the minimum required to adequately analyze a variance request such as the one made on behalf of Mr. Beringhause: • A stamped, topographic survey of 1146 Casolar Del Norte Drive/Lot A7, Block A9, Casolar Vail, for use in calculating build-able site area and subsequently the allowable Gross Residential Floor Area (GRFA) for the entire site; • Complete floor plans of both sides of the existing duplex on Lot 6 drawn at the appropriate scale; and • Accurate, verifiable calculations of the total amount of existing GRFA on the entirety of what is known as Lot A7, Block A9, Casolar Vail, in order to determine whether a variance from the GRFA restrictions of the Residential Cluster (RC) zone district is required in this instance. Please do not hesitate to contact me directly if you have any questions regarding this letter or the application requirements for a variance request. I look forward to speaking with you soon. Sincerely, ~~~~ Matthew R. Gennett, AICP Community Development Department Town of Vail Office: (970) 479-2140 Fax: (970)479-2452 Attachment: A w • .~ .! • M ~ ~~flri €::r-11'7"~('€i, ~'i~~.. ra'C;1:;.E?t:.i: tM1'~Il~srr;r !'. i'(rCl. ~$PC"~itC:Ct !<:t1'ry Iirs(ir!c~ i, ~i1,ISit'1L:S.`i I~'arayc.r January 10, 2006 Matthew R. Gennett, AICP Department of Community Development Town of Vail 75 S. Frontage Road Vail, CO 81657 Re: Your letter of January 4, 2006 Attachment: B FRITZLEN PIERCE ARCH. ~ ~~. VAIL, COLORADO Application for Variance, Beringause Residence, Ulnit 6A, Casolar Vail Matthew, In accordance with Chapter 3 of Title 12 (12-3-3) of the Town Code, and on behalf of my client, Eric Beringause, I would like to file a formal Appeal of the Staff Decision to "withdraw" my application for a Variance, submitted on December 12, 2005, due to the determination that the contents are incomplete. It is my opinion that the material submitted does meet the submittal requirements for a Variance. I would like to have this appeal heard by the Planning and Environmental Commission at their next meeting, January 23, 2006. It is clear that numerous Zoning Reviews have been performed and numerous Building Permits issued throughout the Casolar Subdivision that are based on a maximum GRFA of 1690 sq. ft. as defined in the Subdivision Covenants. In fact in early 1995, a "250 square foot addition" was permitted on this Property in that it was determined that the 1690 sq. ft., as well as the allowed 225 sq. ft. were used. It was agreed, at that time, with the addition of the 250 sq. ft., there was no additional square footage available for this Dwelling. It seems that the Staff, based on the material requested in your letter, is attempting to determine if there is existing GRFA available in the Subdivision. If there is GRFA the Staff feels it would not be necessary to provide a Variance for Mr. Beringause's Addition. In my opinion it is inappropriate to require my client to evaluate Zoning characteristics for the entire Casolar Subdivision. 1. There are Four Unbuilt Dwelling Units in the Casolar Subdivision. How would GRFA be assigned to these Units, assuming that there were GRFA available? 2. It would be and highly invasive, and potentially illegal for Mr. Beringause to calculate the GRFA of Units that do not belong to him. The new methods of calculating GRFA exaserbate the difficulty of the calculation. Original and FRITZLEN i~~5t~ F ~ l~il ~'? ~r ~. t, .......a1' vc II l c:y ,r: v, 1=c)!il~ir"1Cj~FS t.~-... ~, P I E R C E '+~<311 f.,.C)?i}Yi:li::~0 i> f +~i t' FRITZLEN PIERCE ARCHITECTS VA1L, COLORADO existing grades as well as room heights over 1 7 feet would need assessment. It seems unnecessary to discuss the cost of such an evaluation. 3. It seems possible, at considerable expense, to determine the exact "Build- able Area" for the subdivision. My question remains: Without the answer to Item i (above) and the onerous calculations described in Item 2 (above), what value does the topographic survey and "Build-able Area" provide? In closing, I believe there is sufficient basis for my request for a Variance based on the historical reliance on the GRFA limit of 1690 sq. ft. throughout the Casolar Subdivision. Please feel free to contact me on this matter and I look forward to the PEC hearing on January 23„2,006. Be , , Aga s, '~ %/ /~ 7/ ~/ ~ L v / illi m Pierce, Arthi ct Hand delivered January 10, 2006 FRITZLEN j;~~:fJ [a'~~~ L'rs,l V:-..'I~~~y C)li~i~~, f~rt(It"idt;L 4~ ~i , PIERCE i" '9Iv.<e1G.43U1 .-, • ``'~~'~ -~r. PLANNING AND 1:NVIRONbII:iJ'I'AL CO„~~tISSION b1E1;TIidG °zr~ 2,~ Ios1 ~:oo p.m. ~" Attachment: C r .-, • {~ t c -' Edwards . ~'~`~ RQ~er .Tit}:crneier ;'" or Mi 1 i cr ~r~ayn "Dan Corcoran Duane Piper Jim blorgan ~~~~ ~~ `r~~l ~ 'fhe meeting eras called to oxder by the chairman, Gerry 1'ltlite. STAFF PRESENT Dic}: Ryan Peter Patten Betsy Rosolack COUNCIL REPRESENTATIVE Bill V,'ilto i. Approval of minutes of December 8, 1950 meeting. Dan moved to approve, seconded by }Zoger, vote 1•;as unanimous. • 2. };nox c?c,i~ity ~onta~ol variance, Ca~•olar II, Resub Lot A-7, Lionsr7dQe. Peter Patten cxplainod that this was first brought t.o a PJ~C meeting 7.n October, 1980. The events were complicated, a.r,d there ~.;as ~ Basic disa~relllent in the sequence of event beti~;ec:n tl:e Tolan of Vail staff and ~4r. }a~ox. )-Je explained that Ji;n Rubin had written a memo ti:hich Peter read: "he (}.no:1) cle4ily understood the 1.400 sq ft per unit and the r i`or the s}.one analysis. IIe J:nel•r that it 1•ras up to 1:i;n to allocate the square footal;e Casolar II. Ile was never told that he could tranfer extra square footage front Casoiar 7 Peter explained a letter fro;a Diana 'lbughill dated January 8, 19S1 distributed just ba.: the meeting. Diana: As I see it, part of the disagrcment i.s 1:'}tet.her the Tol,~n had the r.,ponsibility to enforce the covenants or h~hatever, pcrtain7_nJ; to the G1.FA. As I remember the -;~}tole thing as it went thru the original a}7proval, is shirt the 'fo~an in fact required that ce7 thlnfs be i71it In tI1C COl%G13at~. :.nd 11? Sa1CS GC.:iiT{:CtS Ilcl a l7ilin}~C3' O~ G4}]C ;. t}71.1]~5, 5: t}iat the 'l'ol•rn could in 7:act enforce 2lle GRFA so 1•;e w.~~ulc'ut't end up r:ith pro`uicros later. Ge7'r)': }~~.'lat )'CU arc referring t0 a7'e the r~strlCf.i0i7S 7.11 tl'•rlii5 Of 1.Ct«.l S1 C Diana: No, the maximum GRFA per unit. I looked bac}: at some of the files, and I thin}: if you tool: at that, you'll find my original notes on the covenants, mafiing certain rc: ments in terl;is of changes in the covo;l;uits so that tll•ore has a ma~:ihu::, GRI~A per unit si in the covenants, Dan : As you recall , then, there ti,las iaaximum, ;;;ld even thouo}I the To:,m reviewed ever; }uu7.lding that comes tilrot:gll, even if al:y one or tr:n or thl•co. of tJlosc builcli.n~,5 ltiere o~ and ~~crc app7•ovcd as being over, they lti~eren't. bein^ approved as individual, Lilc;y wc:rc Y;ar}:ing a,;ainst the f;2•~:nd total? Diana: The ltiay I rer,;c•::iber it, it was on a per unit thing because it l,~as divided into or }larcc]s a:ld that the maximum GRFA a}plied by unit, to cacti unit, and that there ti•;as a unit max rclthcr than a total mix. Dail; SO if t11C 'x01111 }lj)]'Ol'Cll ~0~ Cxtr.l fCC't. Oll }~ 7-cc1 7 ~, 01' 1';}latC1~C2', tilt: IlU%1bC2'S ari t}11t dl{ln't. tllcn autOll:atlcal})' COInC O1'r Of the l;l5t parcel Lo bG clCVClOpc.i•.' }I~ C~1C11 O] tifas indivi~tu:!] ly rev7r,lcd and if approved, that was not going; to affect thc• last unit };ct.ting built? D7:In1: That's the ~:~ay I rem^-:ll~cr it. ' d ~i n Review Action F g TOWN OF VAIL ®® Category Number ! Date _ t M ~ ~~~ Project Name: ~~~/i b'V[c'~(.L4 hC"'a ~Vl'~t°~' ~ C;/ ,~~~D Building Name: ,Project Description: ~;•C3;'11v~~i'V'-~- -C'-~C! `>~~t~1 - (iY~,u,.J ~ `~,-^~~,~~?,, `i7~ "~~'T) r`~i+,r~~~ .~ Owner, Address and Phone: f'i`~lCf l~~'7r"1 ^ ~d~.:-:~~ ~; Architect/Contact, Address and Phone:~ci'i'C~4c~ t~.~11.117 ~~~> ~ (~~~ Cr\V": ". ~ l 1ti ~'.'°s~" Z~G•> ~ ~" J, //~~ ,,. ~/ Legal Description: Lot ~r"~ Block Subdivision! y:~'- :~I C~.~V V~ t _T, Zone District ~--~i Project Street Address: ~ ~ ~~ ~ A ~~~ r.i i ~r,~~~i~' !_/1'' l 1f ~~ Comments: -.~ ~'1l~~ r~il,'~t?~~~~;~~"l(i~~r ~,~~~~> ~~•~`1.-~- ~~i1'~ "It~~i '~i,~~.~ . ~.~ C~ ,~ ~~~ f'i't' -~+ ~~ b~G~ 1 V l ~l 1'1 ., r•- ~ ~,~''J C'~~ ~ rt7csv-- Motion by: Seconded by: ^ Approval ^ Disapproval ~'~,Staff Approval / Conditions: -B~aa~r-~taff Actio~r Vote: i~ i., , _. _ Town Planner ~- _ _ ~,~ Date: ~ ~ ~ J DRB Fee Pre-paid -it' 2 ~~ ~ . ~OWNOFYAIL~% 75 South Fro~itage Road Vail, Colorado 81657 303-479-2138/ 479-2139 FAX 303-479-2452 February 10, 1995 Mr. Eric Beringouse 1190-A Casoiar Drive Vail, CO 81657 RE: Lot 6, Casoiar Del Norte Department of Community Development Dear Eric: In response to your letter dated February 8, 1995, I want to clarify what the GRFA potential is for your residence. Each side of a duplex within Casoiar is entitled to 1,690 square feet of GRFA. In addition to this, both dwelling units of the duplex are allowed a credit of 225 square feet, for a total of 1,915 square feet. As part of your application to remodel the crawl space, your architect will need to provid:; as-built drawings, documenting how much of the allowable GRFA has been used. Any portion of the total 1,915 square feet that has already been used will not be available for your remodeling project. Concerning the portion of your request that would utilize the 250, the GRFA allowance will probably not be available in the future. As we discussed, the Town Council will be reviewing an ordinance that deletes the 250 option in the near future. 1 expect that if you can complete an application submitted no later than March ist, you would be considered "grandfathered". Please call me if you or your architect have any questions about this information. Sincerely, Addy Knudtsen Senior Planner xc: Peter Koliopoulis Lauren Waterton George Ruther • 6•. ZOr~E Cf,ECK for SFR, R, R P/S ZONE DISTRICTS M ' Legal Description: Lot _/ Biock Filing C~~~~,~' ~,f%~~ Ormer Architect ~~~-% /~/i~"~T/>~'=: `'~-' -9G~~ ~~~~~ .• ~ Zone District ~~ Proposed Use ~~~ hex „.. ' ~~ ~ ~~ ~~Lot ~Irea, ~/~~'~/~~l~~~/~' '- Height Al.lo~ied 30' Proposed ~~~ ~ ~` Setbacks: Front-Required 20'~^ Proposed ///~} • Sides-Required 15' Proposed /(/~ ~ ~::~G'~/~rr~- ~h~c~'~ ~~ • - ~ Rear -Required 15' Proposed /tr:~ ~ / ~~ .ldatercourse-required //%G~ Proposed /~~~ GRFA: Allo~•1ed /~n~ vE/~~~ Propo: ed ~~~~5~~1~:G-r~c~ ~~/(p '/. ~; GRFA:, Primary `A11ot~re.d ~ %' Primary Proposed S~~on~dary Al l o;~ed ,~~. ~ `~,.: Secondary Proposed ~\ ~ 1 _~-' ~ ~/ I Site Coverage: Allotived ~o.~~ ~ ~ Proposed Landscaping: Required :~~~ ~~s Proposed Parking:. Required ~/U12 ~~~ Propa_ed C~~~-~ • ~ ,,_. Drive.: Slope Permitted ;~o Slope Actual Environrron•i:al/Hazards: Av~:lanche ~U ~ F1 ood P1 ain ~- ~ • Slope ~~,~-~ 4 ~__l . 7G:1':i;~. i',~1t:,'oNCCj; J'!~i•~)I,)1"'0•=~U n.:tL. .__. . _ • • r i • iii . M . .. _...._..... _. _ ___ __.. _ . ..._._.__ .~ 1~--~,~, ~ ' ~ zo~rr- cllr_r.~ for • ' SFR, .R, R P/S ZOI~f: LISTRTCTS .' ' !I t .r • ~~ S ,/ Legal Description: Lot Blacfc ~ f~il ing ~ 1//~'/lr- ' Ot~me r ~/7!'~~~~s / ' ~'/~ Arc h i •te c t 1 ~~1~:~ ~(' ~1%~j~'~i ~S . -- u76~6 _ s 7_o7e District ~' Proposed Use • ~ ~ ' :... ~,~ Lot Area ~ ~ . Ffei ght Al to;~~ed 3'~' Proposed ~ ~~~ ~' .. ' .. . _ _ r Seti~acfa: ~l'ront-Required ?_0`~ Proposed ~ . Sides--Required 15' Pi°aposed Rear -Required 15' Proposed ~ . 1~latercourse--required Proposed .. GRFA: Allo;~red ! ~~~~~ ~fi try"}' Propo.;od ~ ,,~,,~,~ GRC"A: Primary A11o;~red ~ 4'rintary Proposed l~g 7 ' Secondary r~lio;~ed Secondary Proposed / ~~ 7 Site Coverage: A11o;~~ed ~ ~ Proposed Landscaping: Required Proposed ' . Parking:. Regti~ired ~ Prop;:_od ~~•.ive : Shope Perr~litted Slaps: Actual •• ` ~nviro~in~ental/1lii7dl"ifs: .Av~:lanche ~ . f°laod Pain ~ ~ ~ ~~ .. ~ "Slope ~. .~~ ~ ~i~ _ ____._ ~ _____ ~ r' - -__ _._...._..._.__ 'J ~h ~ W W I Z ~ ~ ~ Fr p O LU '~ p p a. d ~ C7 U Z ~ Z ~ _ _ O U J ~ W a ~ ~ w m N p11y~~vn o U 4U ~ ~ a ~ ~ > x y L~~' ) ar W N ~ m N H Y E ~ a ~ z ~ X w o 4 U ° z a~ a ~ Or d ~ O a a~ a ~ U-C3 z v w ay O z W 6. Q ~... a U y ~y r O c~'".7 N LU y G r O ~ N ~/ ~/ . LJ °~ ` ~j~ T ~- _~ o .~ G _ ~ i ~ ~ 4 v e~^ Y J ~ L. tip w~ ~' ~-r~ gI .' I W ~a \\~~ O O {~'_ w ~ 1 ' p O ~ p E ~ p ~ Q ~ ~• V d' O Lf) °"~ N O N N ' w Io r ~ ~~ ~ ~' u' ~ ~ ' Z w r ~ w w w `~ t o 0 a ~ z w v < ~ v ~ ~ ~ ~ ~ o `z z w s u ~ z ~ ~ ~ ~ ~ ¢ Q ~ U W F-' m O ¢ U W D U ~ ~ ~ ~ ~ ~ ~ ' cz I ~ 4 r (~ Z Z w p Z ? ~ ~ ~ p a ~ r w 6 p 4 ~ Z W CL ~ O ~ D p r N ? sx ~ ,.. o B a = o 0 o H r Z 0 ~ O ~ ~ Z ~ Q 4 ~ LL p ~ ' ~ ' a I a~I z ~ M Z ~ r ~ ~ a ~n ~ w ~ ~ U ~ W z u J O -- 4 - O ~. ~ 4 ~ U Z d W c~ ~ a ~ a z W r = w J Q `Z Vr U- > J u: ~ O O O Z U z' p U x a u .~ ~ 7 Z ~ r ~ .~ . } X I d Z `~ +~ ~ H ~ ~ C1 ~ O ~--' 'r' cn -~ a () ~ Z d t6 ~' ,N N G ~ ~ J ~ 7 Cfl cC r ,~ H N ~ ~ O cf~ S. y r6 rr--11~ u ~ ~ ~ N `~ w ~' cA a ~ v o ~ W ¢ c~ 4 ~ N Q a v a. ~ cJ Z U ~ ~, z~Q ~.. J p O r S wU ~ u- w r ~ ~ ~ Q ~ ~ p1 W ^ W ®~ w ~ O O 1~ -_~ ~~ 4 a N W z 0 Q ~ J Z J i; ~ !. f"' ~ ~ _ F ~" p v. G F c, ~ J. ~ H ~ ~ x ~ f~ r 4 ~ y ~ •~ J r Z V NV < U Y Y s °' k- 3S 4+ ~ :J 5 v: ~ 4 4 v ~ '~ P Y d ~' ~' ~) ~ ~ O Q N ~ ~ 3 ~ 4 LL1 N_ O a ~ cf~ ~ Y O ~ W Z 4 j a a a LL i3 Q ~ w O ~ ~ W _ J 4 6. O a W (~ 7 N I u. K W zl a 2 a ~ ~ N N W V N w p O N W Q a a ~ o O o J ~ Q r a' ~ ~ ti a r Y ~ ~ ~ ~ a ~ Q Q a '~ Y ~ ~-' w `~ ~ ~ U ~ Q ~ ~' a ~~ Q ~ ~ u. ~ O O vU Z U m¢ ~ ~ r W a. ~ O ~ t -- Z~ J Z aJ. 0 ~ U C3 Q '~ ~ ~ Q r M t a~~~ Equals Buildable Area: SINGLE FAt~fILY RESIDENTIAL AND RESIDENTIAL CONING CHECKLIST ~' 1 ~_ ~ ' Legal Description: 1 ~ '-~ ~ ~Q ~~ Owner. ~_lif SOl~crv- ~ /`~o,~tE.Architect: ~Vt ,~-~vd~ Zone District : ~ Proposed Use : ~ ~ ~.c e~ ~•e. ~Ce S Lot Area: Minus Hazard Area: Height: Actual ~ y Setbacks: Required -Front 20' ' Actual - Front Distance Between Buildings: Required G.R.F. A. Allowed: Buildable Area Site Coverage: Allo~T;ed - Lot Area Landscaping: Required - Lo^^~~t Area Parking: Required d~ o/ Drive:'Slope Permitted ~ ~ 1 ~ Parking and Drives bius~t Be Paved Environmental/Hazard: A~ Sides 10' + ~.~, Rear20' + ~,.~ Sides t 6, ~ ~ ,Rear ~ S C! q. ,~ Actual o~ ~ x 9a = 33,~o Actual ~~~~ ~, x ~ _ !~ x ~ _ ~~ l~ Actual C7~ Slope Actual ~ Avalanche ~ ~ Flood Plain ~ Slope ,~ t~ • Distance From Creek ~ 4 Trees Removed ~ ~ • Continents : ~Q ~Q o~. ~ ~_ O ~O lCS (~j G~ / v'~ ~h p Q . Zoning Apf~r~c~ti al : /Yh11.~ ~, D~~'`~ ~, ~~ 7~ ' ~{~'n~nb Administrator D to .. V, :. 9• - . 1 L i 7 ~•. ZOttE CfjECK • - ~ for SFR, R, R P/S 20NE DISTRICTS 5 ~~' • ~.~ ~ Legal Description: Lot ~ Block Filing ~~~)~.,~~± '~~~~- ~f 4 • Owner (°~~U ~fl~ G6.z'`' ~~Dl.,;~,~ /ttl (~ Architect ~~~~ ~/ ~i,~~~-S ~ Lf ( Zone District ~C Proposed Use• ~~~G~ ~-' ~ • • - ~• ~ ~ ~ ~ Lot Area .•°..~•-°-C~-~~-G=~-~1~~ ~r;~'~` Height Al loied .Proposed ~~~~~ •-~- • ~ •- - . ~z~ ~ Setbacks: Front-Required 20'• Proposed it/.~ ~ - • Sides-Required 15' Proposed, ~~~ - . - - Rear -Required 15' Proposed , ;-'~ • .N!atercourse-required ;~1,~~ Proposed ,-2-.<f GRFA: Alloi•~ed !lLr%D/~i~`~•.= ~ ~ ~L~ Proposed - ~~j6 GRFA: Primary Alloti'red - Primary Proposed Secondary A71o~aed Secondary Proposed • Site Coverage,: Allowed G`--,~ Proposed 4'_ LandsEaping: Required j~ Proposed ~- rr Parking :. Required ? ~,~;~,~~`~ ~ ~~ . Propo_ ed v~G-- - Drive.: Slope Permitted ~~' /~`u ~ Slope Actual ~~~ ~nvironm`nta1/Hazards: Av~,l•anche -. • ~~` Flood Plain ~~`~ ~ • ,• ,. zGa':n~: I'spry:'O1~C~~;ii•i_~~,j),ll''i~'•=:_'U' .:L~': --•-- • r~ ~.___ J ZOIvF Cl1fCK for . SFR, R, R P/S ZONC DISTRICTS e i /~ j/ ,_ . , g I (( I~ ~~~ ~ ~ ~/f ` Le al Descri tion: Lot 9 P Block Filin rl L... 9 l ~ ~f < ~ Owner i ~ ~ Architect ~ ~11 P'~ Zone District ~ _. Proposed Ilse , Lot Urea ~ ~ ~ Height Alloared 30' Proposed Setbac4;s : Front-Required 20'~'~~Froposed Sides--Required ]5'' Proposed Rear -Required 15' Proposed 1~'atercour-se-required Proposed GRFA: Allo~•red ! ~ Proposed GRFA: Primary Allo~~red /~~ ~ Primary Proposed ~,h~~ Secondary A1lo~•red I~f~ ~ Secondary Proposed ~,6~~ Site Coti~erage: Allowed ~~ ~ - ~ Proposed Landscaping: Required ~ ~O ~ Proposed Parking:. Required 1 Prop:._od . [~ Drive: Slope Permitted ~ ~ Slope Actual Lm~i ronmental /Nuza rds : Av~:l anche ~~~~ F1 ood P1 ain ~ ~~`r•" S1 ope ~ , ~ ~~~ ~ ~ ~ ~ ~ ~C~ ~D~~~ . ~ r ".~ ~fi• - Conn~onts . ~ ,h~/es7~gS f~bti V . ---- . ~ /lr- 7c~:~~;nq: /•:F~pri~~',,a,''D~~~:;~i~1~•c~~-.~~i Dai;.~' _.- ~~ - ] -~~__._ . .__. M P+^7 ~. ~~~ . - _ _ ~ SINGLE-FAMILY RESIDENTIAL, TWO-FAMILY RESIDENTIAL & TWO-FAMILY PRIMARY SECONDARY/RESIDENTIAL ZONING CHECK LIST Legal Description ~ ~ ,~io~ ~ ~~ J Owner r~uAe..~~~~flEL~ Architect H/k~~s4'T~ ~,~~~~~~ Zone District j , Proposed Use ` ~'.,~{~,~ Lot Area , 7,IC Height (Actual) Setbacks : ,Required _- F'rnnt ~_p,~ -- Rear ~~~¢ Sides / + '~e~ Actual - Fron Rear des ~},{~ Distance Between $uil 3 gs: Required Actual L~ 9 0 ~ ~~~E ,,+.~ r+-k , ~ 338a ~ - - ~. ~G.R.F.A. Actual ~ / G. R.F.A. Allowed /2oo'~~uw:~E ~. " 2~/Do ~.(~ Primary Unit ~/~~} Secondary Unit /(~j~- Site Coverage: Allowed-Lot Area x ~ = dl~, Landscaping: Required-Lot Area Parking: Required ~ ~ Drive: Slope Permitted Environmental/Hazard: Avalanche Flood Plain Slope Distance from Creek Trees Removed x ~ _ ~~"' Actual ~ c°v~~~ Slope Actual ,, ,~~~ ~~ ~~ ~ i' f COMMENTS : ~r`~> i~-'~i~'.~~ ~v ~ S~GG.~°~ /` J ~[Ar ~ Zoning __A~G _ -~. ~`~~~,~N.=°.~_- --_"-- ,~`? ~~'~-~ ~ - ,`. 1 Zonin~Administrator Date z ~~ . ! /2 • `~ ' ', ~ / M ~~ ZONE CFiECl~ _ for f~~~~ ~J SFR, R, R P/S Z0~1E DISTRICTS Owner ~wl /V ~ Zone District ' Lot Areal!'~//' /c~G Setbacks: Front-Required 20' Sides-Required 15' Rear -Required 15' Watercourse-required Legal Descri tion: Lot ~ Block Filin , ~~~ P 9. ,~ Architect ' Proposed Use !Height A71o~~ed 3,~' Proposed j Proposed ~} _ Proposed ~~~ ~ -~- ~ v u , Proposed Proposed GRFA : Al l o~-red ~ ~0~ ~il~~~ Proposed ~iS~S"~( ~~~ GRFA: Primary Al lo~,led Primary Proposed ~ ~~i r Secondary Allo~~aed Secondary Proposed ~ 5 ~~ Site Coverage: r,llo~~~ed Proposed Landscaping: Required Proposed Parking:. Required Propo_ed , Drive: Slope Permitted Slope Actual Environmental/Hazards: Av~:lanche v F1 ood P1 ain ~ / elope ~ ~ 1 < < Conmenia : /~~,~°~.S 'hoc ~ ~- ~ / ~~ -~__ / Z.oni i1g : App,•ovc ; Di sappro~~~ cd Dat~• : __ 2~ , ~!_-- - __._ ~~~~~ ~ ~ ,q~~ ~ GYM ~~~~ , 7 ~'~ r~ ~~ ~ z~ ~~~~~ ~ n A ,~~/1/' ! ^-1"""~ .~° ~~~ ~~ 1 { ,~ C,L? 6.C% ~;. :.J 1 `r' ~ w O Z O p O F- O O ~ _ r o ~ ~ ~ p ~ T~ ~ w ~ a ~- a ~ U U Z Z Z q ~ Ua Z r g w w ~ ~ -' a ~ m W p NOlidflld~ z r U W O 0- 7 = ~,tn ~ - ~ ~ W N ' ~Q N _ 1 ~ r'' q '+ Y a ~ o 3 W LL O ~ O Z N OX U a 0 ~ O C3 ar- a N ~ U ~ Z Y ~Q O U u. ~ ~ ~Z w d w } ~ z O Y C> r~~/ V^ ,., N O~ G7 p a O ~- m N Q . r LL W w `L J Z 7 p Q q U' U 0 ~ ~ U ,,a v z z q ~ _ a Z U ~ U U W ~ p J W U q J ~ ~ p ~ d W d m .~ z~ O a J 4 7 ~ 1 a N a 0 a O W a I ~ i l i e ° ~ i ~ V ~.J ~_ ! ^ "u ~ _ x 'a ~F z.r ~`~~ ~ '' q O F ~ ,,; Y ~" ~ ~~ z ~~ I ~ a < c z. :~ z '.. .. a G 7 aa~~.., 1 t.. v J ~ ~.U xZ C Z~, ~ - - W -- LL. F~ u~ a J F- O a ~ ~ ~ ' ~ r ~ ~, z wa Z ~ z w a z ., O F' J p < ~ O o f5 U ° a N ~ ~ p m Q 3 ~ O r 'r z N a ~ r = N 4 ~ m ~ ~ r `~ O 0 Z a- Q a ? O Z Z I ~ C7 t O Q w i U) Z ~ Z J ?, p r- N ~ a U w q ~ ~ U ~ ',. ? F' ~ i U1 w s a ~ LL Z Z Y 4 a. pw a J OV Z J Z Z O c ~ ` ,~ Z Q of o `~' Z J O N a~i ~ ~ ~ _..~ O U ~ ~ Q ~ n V Y d N W G Z 0 7 ~ Y ~ ~ ,, • p a ( ~ o w ¢ U c~ ~ a , ~ a. ~UZ z q ~ v U _ `•~ ~' _ c. y" ~ w .~ w r mw~ ~;~, Q ~` J ~ a ®~~ ¢ cUn m w z C7 ~ O r U x a F t L: ~ :J ti. X T f ~ S x _ F ;N ~ ° ~ F 3 C~ u~ Z N ~ a < _ `2 W 5, " C y Z ` p ~~ ~ T ~ ~ S ~? ~ ~` w O ~ ~ a N C] W O Z x ~ U q p O ~ w ~ Q ~ W ¢ ~ S N Z _ w '~~ .j.~ R ~ ~ CJ v, ,n Z a ~ J a X W o ~ X ;J W w ~ `'t a ~ O j a w N r ~1 ~1 ~i W~ ~~ U ~i ~ O ~ Q O Z 0 U U m Q r w a ~, a ~ ~~ W ~ = w O Z J 2 L, , O a O U ~ O .~" ' ~ a x a N i:.V p ~ D O ~ q ~ ~ ~- ~ Q g U ~- O J ~ ~ U Q c 4 = `~ r O ~° ~ U __.~. M MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: February 13, 2006 SUBJECT: A request for a final review of a conditional use permit, pursuant to Special Development District No. 4, Cascade Village, to allow for the temporary use of the tennis facility for conferences and conventions, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village, and setting forth details in regard thereto. Applicant: Vail Cascade Resort and Spa Planner: Matt Gennett I. SUMMARY The applicant, Vail Cascade Resort and Spa, is requesting a conditional use permit, pursuant to the provisions of Special Development District No. 4 (SDD #4), to allow for the temporary use of the three existing indoor tennis courts as a conference facility during a limited number of specific, intermittent periods during the year, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village (Attachment A). Based upon Staff's review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of the request subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST Pursuant to Ordinance No. 1, Series of 1999, the Cascade Resort and Spa tennis facilities may be used for temporary "conferences and conventions" with Town of Vail Planning and Environmental Commission approval of a conditional use permit, in accordance with Chapter 12-16, Vail Town Code. In the exact same manner as a conditional use permit approved February 14, 2005, the applicant is proposing to use the three indoor tennis courts existent on their property as a conference facility for short periods of time at four to six points during this year (Attachment B). Staff has requested a chronology of the conferences held last year and an account of what occurred, in terms of parking management for each one. (Attachment C) Additionally, staff has requested a report on how loading and delivery will occur for each event this year. (Attachment D) Finally, staff also requested the applicant provide evidence from the police department substantiating there were no complaints made related to parking on the frontage road in association to the subject events held last year. (Attachment E) III. BACKGROUND • In 1976, Special Development District No. 4 was created from 97.52 acres of land without known zoning in the area of Vail known as Lions Ridge and includes the existing Cascade Club and Spa, which comprises approximately 78,000 square feet. In 1999, a Minor Amendment to SDD No. 4 was granted to allow for the conversion of one of four existing indoor tennis courts into additional spa facilities. The Vail Cascade Resort and Spa has consistently used the tennis courts for a number of years as conference facilities during up to five periods of 2 to 3 days each since the mid 1990s. During these events, there have not been any negative external impacts known to the town, and it was only recently the town became aware of the use of the courts for convention type events from a member of the Cascade club who is upset over not being able to play tennis while the courts are being otherwise used as convention facilities. IV. • It was as a result of the member- recently contacting the town that staff discovered the necessity of a conditional use permit for the Cascade Resort and Spa to the utilize the three remaining indoor tennis courts as temporary conference or convention type purposes on an intermittent basis. • On February 14, 2005, the Planning and Environmental Commission approved a conditional use permit for the temporary use of the three existing indoor tennis courts as a conference facility during a limited number of specific, intermittent periods during the year. The conditional use permit was approved for a period of one year. REVIEWING BOARD ROLES Order of Review: Generally, applications will be reviewed first by the PEC for acceptability of use and then by the DRB for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The PEC is responsible for final approval, approval with modifications, or denial of CUP. Design Review Board: Action: The DRB has NO review authority 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 DRB or PEC 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. 2 V. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. ' 11. To otherwise provide for the growth of an orderly and viable community. Chapter 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in M the various districts may be permitted subject to such conditions and limitations 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 detrimental to other uses or properties. Where conditions 3 cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. VI. ZONING ANALYSIS Zoning: Special Development District No. 4 Land Use Plan Designation: Resort Accommodations and Services Current Land Use: Mixed Use Residential and Resort /Spa The subject conditional use permit request only affects the use of the three indoor tennis courts during intermittent, short periods during the year and does not contemplate any exterior changes to the existing building. Therefore, the conditional use permit proposal does not alter the existing lot area and site dimensions, setbacks, building height and bulk, density, gross residential floor area (GRFA), site coverage, or landscaping and site development. The only potential impact to the Town of Vail could be in the form of exceeding parking capacity during proposed conference events, for which staff has created a condition of approval. VII. SURROUNDING LAND USES AND ZONING Land Use Zonino North: CDOT ROW Not zoned South: Resort Accommodations and Services SDD No. 4 East: Resort Accommodations and Services SDD No. 4 West: Resort Accommodations and Services SDD No. 4 VIII. REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the proposed conditional use permit is consistent with the development objectives of the Town. Using the tennis courts on a limited, temporary basis for intermittent events throughout the year which draw more visitors to town in an unobtrusive manner is beneficial for the Town of Vail. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that the proposed conditional use permit will have no effect on the above criterion due to the lack of any negative externalities. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that the proposed, temporary conversion of use will not negatively impact the above criterion as all of the proposed conference events will be attended by guests of the resort. 4 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. Staff believes the proposed conditional use permit will have no effect upon the above criterion. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the applicant's request for a conditional use permit, pursuant to Chapter 12-16, Vail Town Code, to allow for temporary conference or convention events to occur on the indoor tennis courts at the Vail Cascade Resort and Spa, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village. Staffs recommendation is based upon the review of the criteria described in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, a conditional use permit, pursuant to Chapter 12-16, Vail Town Code, to allow for temporary conference events to be held on the indoor tennis courts of the Vail Cascade Resort and Spa, located at 1300 Westhaven Drive (Vail Cascade M Resort and Spa)/Area A, Cascade Village, and setting forth details in regard thereto, subject to the following condition: That there will be no parking allowed along the South Frontage Road or Westhaven Drive during any conference or convention events held in association with this Conditional Use Permit approval. Should the Planning and Environmental Commission choose to approve, with conditions, this conditional use permit request, the Department of Community Development recommends the Commission makes the following~findings: "Based upon the review of the criteria outlined in Section Vlll of this Staff memorandum to the Planning and Environmental Commission dated February 13, 2006, and the evidence and Testimony presented, the Planning and Environmental Commission finds: 1. The proposed temporary use, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village, is in accordance with the purposes of the Zoning Regulations and Special Development District No. 4. 2. The proposed temporary use, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village and the conditions under which they will be operated or maintained are not detrimental to the public N health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 5 3. The proposed temporary use, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village comply with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code, as referenced by Section V of this Staff memorandum to the Planning and Environmental Commission dated February 13, 2006. " X. ATTACHMENTS A. Vicinity Map B. Schedule of Proposed Events C. Chronology of Last Year's Events D. Loading and Delivery Plan E. Email Correspondence M 6 Attachment: g G: Addendum to Application for Conditional Use Permit Vail Cascade Resort & Spa December 31, 2005 These are dates that we would be holding events in the tennis courts: DePuy February 9 - 13 (event on the 10th) AAWA September 7 - 14 (events on the 9th through the 12th) CAE October 2 - 9 (events on the 4th through the 7th) AIA November 1 - 6 (events on the 3~d & 4th) Tentative Business: Microsoft April 18 - 22 School Psychologists November 15-20 Attachment: C Vail Cascade /Gore Range Hall 2005 Usage Zimmer Reception for 550 Tuesday, January 25, 2005 6:45 PM - 9:00 PM No parking challenges -majority of guests stayed at the Resort. Remainder stayed at the Marriott and a CME shuttle was hired to move guests to and from the Hotel. Black Enterprise Ski Challenge Reception for 600 Thursday, February 17, 2005 8:00 PM - 12:00 AM No parking challenges -majority of guests stayed at the Resort. Remainder stayed at surrounding properties. Guests staying off-site drove cars and we had Harkins staff direct traffic into the third level to ensure that Resort guests had adequate parking available in our garage. Dessert Reception for 700 Friday, February 18, 2005 8:00 PM - 11 PM No parking challenges -majority of guests stayed at the Resort. Remainder stayed at surrounding properties. Guests staying off-site drove cars and we had Harkins staff direct traffic into the third level to ensure that Resort guests had adequate parking available in our garage. Reception for 660 Saturday, February 19, 2005 8:00 PM - 12:00 AM No parking challenges -majority of guests stayed at the Resort. Remainder stayed at surrounding properties. Guests staying off-site drove cars and we had Harkins staff direct traffic into the third level to ensure that Resort guests had adequate parking available in our garage. Dinner for 800 Sunday, February 20, 2005 8PM-11 PM No parking challenges - majority of guests stayed at the Resort. Remainder stayed at surrounding properties. Guests staying off-site drove cars and we had Harkins staff direct traffic into the third level to ensure that Resort guests had adequate parking available in our garage. Ski Tam Dinner for 700 Saturday, April 9, 2005 6:30 PM - 10:30 PM No parking challenges -majority of guests stayed at the Resort. Remainder stayed at surrounding properties. Guests staying off-site drove cars and we had narking staff direct traffic into the third level to ensure that Resort guests had adequate parking available in our garage. ASME International Dinner for 760 Saturday, June 25, 2005 6:30 PM - 9:30 PM Had AC System and Tent installed -supervised by Mike Vaughn No parking challenges -all guests stayed at the Resort IN Attachment: D MacLachlan, Don From: Conklin, Karen Sent: Friday, February 03, 2006 12:21 PM To: MacLachlan, Don Cc: Mitchell, Deana; Conklin, Karen; Hasenberg, Jason Subject: DePuy Load In Here is what we can expect on the frontage road and Westhaven Drive: Tuesday, February 7 7 AM - 4 PM DePuy AV company unloads equipment into Centennial Ballroom from Westhaven (Truck will park in Lionshead overnight) Thursday, February 9 8 AM - 2 PM Freemen Decorating loads in carpet and pipe and drape off frontage road from semi- truck into GRH 4 PM - 8 PM DePuy unloads exhibit materials into GRH off frontage road from 60' semi truck 1 PM - 10 PM Resort truck unloads tables, chairs and other materials for reception from Westhaven onto heli-pad Friday, February 10 8 AM - 4 PM Resort truck continues to unload tables, chairs and other materials for reception from Westhaven onto heli-pad 10 AM - 12 PM Alpine Rentals drops off rental items to GRH from frontage road 4 PM - 12 AM Resort truck delivers food and beverage for reception/removes dishes, etc. after event from Westhaven/hell-pad Saturday, February 11 7 AM - 12 PM DePuy loads exhibit materials into 60' semi truck from frontage road 8 AM - 8 PM Resort trucks loads out all remaining materials from reception in GRH from Westhaven/heli-pad 5 PM - 12 AM DePuy AV company loads equipment into truck from Centennial Ballroom onto 60' semi on Westhaven Monday, February 12 8 AM - 10 AM Alpine Rentals picks up rental items from GRH from frontage road 10 AM - 2 PM Freemen Decorating loads out carpet and pipe and drape off frontage road into semi- truck •• Karen L. Conklin Director of Conference and .-~,.-c. ,~..-,, Matt Gennett - RE: PEC Discussion /Cascade Tennis Court Use ~ Attachment: E 1 From: "MacLachlan, Don" <DMacLachlan@DestinationHotels.com> To: 'Dirk Etheridge' <DEtheridge@vailgov.com> Date: 02/06/2006 9:21:24 AM Subject: RE: PEC Discussion /Cascade Tennis Court Use Thanks for checking Dirk. -----Original Message----- From: Dirk Etheridge [mailto:DEtheridge@vailgov.com] Sent: Monday, February 06, 2006 9:18 AM To: MacLachlan, Don Subject: RE: PEC Discussion /Cascade Tennis Court Use Don, I did not find any parking problems last year created by the Black Enterprise Ski Challenge. Let me know if I can help with any additional information. Thanks Dirk »> "MacLachlan, Don" <DMacLachlan@DestinationHotels.com> 2/6/2006 9:12:08 AM »> > -----Original Message----- > From: MacLachlan, Don > Sent: Saturday, February 04, 2006 7:15 AM > To: 'mgennett@vailgov.com'; 'detheridge@vail.gov' > Subject: PEC Discussion / Casade Tennis Court Use > Matt I neglected to give you Dirk's business card which he had > suggested. His number is 479.2212 > Thank you both for meeting regarding the PEC discussion related to > the tennis court use. > Don > Don MacLachlan > General Manager > Vail Cascade Condominiums > (970) 476.6106 > (970) 476.4946 (fax) > www.vailcondos.com > www.destinationhotels.com IN • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 13, 2006 SUBJECT: A request fora recommendation to the Vail Town Council of an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries and Chapter 4, Master Plan Recommendations, and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership • Planner: Warren Campbell I. SUMMARY The applicants, Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership, are requesting a work session with the Town of Vail Planning & Environmental Commission to present an amendment to the Lionshead Redevelopment Master Plan. The proposed amendment amends the boundaries of the study area of the Plan to include multiple parcels to the west of the existing study area commonly known as "West Lionshead", generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels and Chapter 4, Master Plan Recommendations, and Chapter 5, Detailed Plan Recommendations, of the Plan to include detailed recommendations for the subject parcels. The purpose of the amendment is to include the "West Lionshead" area into the study area prescribed by the Lionshead Redevelopment Master Plan and to adopt detail plan recommendations for the properties. The purpose of the amendment, however, is NOT to amend or otherwise alter the overall goals, objectives and policies stated in the Master Plan. • This amendment is being proposed and shall be considered in accordance with Section 2.8. Adoption and Amendment of the Master Plan, Lionshead • Redevelopment Master Plan. 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 applicants will be giving a power point presentation regarding the inclusion of "West Lionshead" into the Lionshead Redevelopment Master Plan after which feed back from the Commission will be requested. Staff and the applicants request that the Planning and Environmental Commission tables the request to the March 13, 2006, hearing. II. DESCRIPTION OF THE REQUEST The applicants, Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership, are requesting a work session with the Town of Vail Planning & Environmental Commission to present an amendment to the Lionshead Redevelopment Master Plan. The proposed amendment amends the boundaries of the study area of the Plan to include the multiple parcels to the west of the existing study area commonly known as "West Lionshead", generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels. A copy of the area to be added to the Lionshead Redevelopment Master Plan study boundary, "West Lionshead" (Attachment A) has been attached for reference. This map depicts the entire study area, the parcels already within the Lionshead Redevelopment Master • Plan, the parcels proposed for inclusion within the Lionshead Redevelopment master Plan, parcels intended for redevelopment, parcels intended to remain undeveloped, and the land area of each grouping. In addition, to amending the study area boundary to in include "West Lionshead" there are proposed amendments to Chapter 4, Master Plan Recommendations, and Chapter 5, Detailed Plan Recommendations, of the Plan to include detailed recommendations for the subject parcels. The proposed amendments to the text will be presented at the March 13, 2006, Planning and .Environmental Commission hearing. The applicants will take any feedback from this meeting and incorporate those comments into the text as it is being drafted. The need for this amendment has been prompted by a number of changed conditions within this area. Vail Resorts has recently purchased three parcels which in conjunction with their Maintenance Yard and Holy Cross parcels create opportunities that were not possible during the preparation of the Lionshead Redevelopment Master Plan. Foremost among these is the potential to provide access to Vail Mountain from this area via a gondola thus creating a new portal to the mountain. In addition, the owners of the Glen Lyon Office Building have also expressed an interest in being added to the Lionshead Redevelopment Master Plan study area and the Town has identified several parcels of land which should be incorporated as well. Several of the parcels included in the "West Lionshead" area are currently within • the existing study area boundary. Those properties include Vail Resort's 2 • Maintenance site, the Holy Cross site, the Eagle River Water and Sanitation District site, and the BP/Amoco gas station site. Those properties not currently included in the study boundary are the Vail Professional Building Site, Cascade Crossing site, Glen Lyon Office Building site, a portion of the stream tract and an unplatted parcel owned by the Town to the south of Gore Creek and Tract K of the Glen Lyon Subdivision. The purpose of the amendment is to include the "West Lionshead" area into the study area prescribed by the Lionshead Redevelopment Master Plan and to adopt detail plan recommendations for the properties. The purpose of the amendment, however, is NOT to amend or otherwise alter the overall goals, objectives and policies stated in the Master Plan. III. BACKGROUND On June 4, 1996, the Vail Town Council approved a request from Vail Associates to enter into a joint study and evaluation of the feasibility of a public/private partnership for the redevelopment of Lionshead, and thus initiated the creation of the Lionshead Redevelopment Master Plan. One of the first steps in the creation of the Master Plan was to evaluate and identify the boundaries of the area to be influenced by the Plan. The boundaries of the Plan were later identified to be Middle Creek on the east, the north side of the South Frontage Road right of way on the north, Red Sandstone Creek on the west and the northerly edge of Forest Road on the south, with the exception of the residential development on Beaver Dam Circle and West Forest Road. • On December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan. A primary goal of the Master Plan was to establish a new zone district which would further the goals, policies and objectives outlined in the Master Plan. During the month of July, 2005, Vail Resorts Development Company (VRDC) submitted an application to redevelop the West Day Lot with a a Ritz Carlton Residences. In conjunction with that application there was a proposal to potentially locate a ski lift adjacent to the new multiple-family development. The Town recognizing the impact of a new ski lift on the Town, neighborhood, and Lionshead Redevelopment Master Plan, entered into discussions with the VRDC to remove the proposed ski lift from the Ritz Carlton Residences proposal. It was mutually agreed that the appropriate method to review a potential new ski lift in the area was to enter the process of examining an amendment to the Lionshead Redevelopment Master Plan. It was also agreed that in addition to examining the potential for a new ski lift that the potential for incorporating several new parcels recently purchase by Vail Resorts into the Master Plan study area. On November 10, 2005, the first meeting of the committee examining the amendment to the Lionshead Redevelopment Master Plan to incorporate an area to be known as "West Lionshead" into the study boundary of the Master Plan was held. Members of the committee include representatives of Vail Resorts, Eagle River Water and Sanitation District, the Glen Lyon Office Building, The Town of • Vail, and several community members. Since this initial meeting the committee has held several more meetings all of which discussed the goals and objectives of the area. On January 26, 2006, an open house was held for the community as a whole. At • that meeting approximately 50 individuals discussed potential problems and merits of an initial concept for the "West Lionshead" area. In general, the individuals in attendance were supportive of the inclusion of the "West Lionshead" area into the study boundaries. The concerns primarily focused on the possible negative impact of creating a new portal to the mountain with the associated retail and office and not "cannibalizing" the existing Vail Village and Lionshead Village cores. A letter from Ian Thomas of Thomas Consults (Attachment B) regarding the potential for retail in a new portal is attached for reference. IV. ROLES OF THE REVIEWING BOARDS Lionshead Redeveloament Master Plan Amendments Planning and Environmental Commission: Action: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Lionshead Redevelopment Master Plan and other applicable master plan documents. Design Review Board: • Action: The Design Review Board has no review authority on Lionshead Redevelopment Master Plan amendments. Staff.• The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Lionshead Redevelopment Master Plan and other applicable master plan documents. 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 approval/denial of a Lionshead Redevelopment Master Plan amendment. The Town Council shall review and approve the proposal based on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Lionshead Redevelopment Master Plan and other applicable master plan documents. • 4 • V. APPLICABLE PLANNING DOCUMENTS Zonina Reaulations Lionshead Mixed Use - 2 District (in part) 12-71-1: PURPOSE: The Lionshead Mixed Use 2 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 2 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District 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 gross residential floor area, building height, and density over the previously established zoning in the Lionshead • Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public, off-site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-71-2: PERMITTED AND CONDITIONAL 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. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. • Professional offices, business offices and studios. Public or private lockers and storage. 5 Recreation facilities. Retail establishments. • Skier ticketing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to 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 in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chanter 16 of this Title: Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Major arcade. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (Type 111 (EHU) as provided in Chanter 13 of this Title). Radio, TV stores, and repair shops. • Theaters. Additional uses determined fo be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level" shall be defined as that floor of the building thaf is located at grade or street level along a pedestrianway. 8. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier services, and daycare. Travel agencies. ~ • 6 • Additional uses determined to 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 within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Barbershops, beauty shops and beauty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (type Ill (EHU) as provided in chapter 13 of this title). Radio, TV stores, and repair shops. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. • 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permifted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, time-share units, fractional fee clubs, lodge dwelling units, and employee housing units (type 111 (EHU) as provided in chapter 13 of this title). Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 8 Conditional Uses: The following uses shall be Permifted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Banks and financial institutions. Conference facilities and meeting rooms. Eating and drinking establishments. Liquor stores. • Personal services and repair shops. 7 Professional offices, business offices and studios. Radio, TV stores, and repair shops. • Recreation facilities. Retail establishments. Skier ticketing, ski school, skier services, and daycare. Theaters. Time-share units and fractional fee clubs. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. • Coin operated laundries. Commercial storage. Gasoline and service stations. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehousing. • 8 • Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. (Ord. 17(2001) § 2: Ord. 3(1999) § 2) 12-71-9: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area. 12-71-10: SETBACKS: The minimum building setbacks shall be ten feet (10) unless otherwise specified in the Lionshead redevelopment master plan as a build fo line. 12-71-1 ?: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71) with a maximum height of 82.5 feet, as further defined by the Lionshead redevelopment master plan. All development shall comply with the design guidelines and standards found in the Lionshead redevelopment master plan. Flexibility with the standard, as incorporated in the Lionshead redevelopment master plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the design review board. 12-71-12: DENSITY (DWELLING UNITS PER ACRE): . Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit" as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit for the purpose of calculating density. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. 12-71-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple-family dwelling units in this zone district shall not be entitled to additional gross residential floor area under the 250 ordinance, section 12-15-5 of this title. 12-71-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead redevelopment master plan. • 9 12-71-15: LANDSCAPING AND S/TE DEVELOPMENT.• At least twenty percent (20%) of the total site area shall be landscaped, unless • otherwise specified in the Lionshead redevelopment master plan. Arterial Business District (in part) 12-7F-1: PURPOSE: The arterial business district is intended to provide sites for office space, public utilities, service stations, limited light industry having no adverse environmental impacts that provides significant on site tourist amenities and limited shopping and commercial facilities serving the town and Upper Eagle Valley residents and guests. Multiple-family dwellings for use as employee housing will be appropriate under specific circumstances. The arterial business district is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted and conditional types of buildings and uses, and to maintain a convenient (limited) shopping, business, service, and residential environment. 12-7F-3: PERMITTED USES: The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on •the first (street) level: Cocktail lounges, taverns and bars. • Coffee shops, fountains, sandwich shops and restaurant. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the firsf (street) level: Barbershops. Beauty shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional and business offices and studios; radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8,000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. • 10 Bookstores. Drugstore. Florist. Newsstand. Pharmacies. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. 12-7F-4: CONDITIONAL USES: A. Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfast as further provided by section 12-14-18 of this title. Brew pubs. Child daycare center. Microbrewery. Private off street surface parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. Type ll/ employee housing units (EHU) as provided in chapter 13 of this title. B. Subject To Review: The following uses shall be permitted on the first (street) level floor within a structure subject to the issuance of a conditional use permit and are listed as such due to their potential individual and cumulative impacts of generating traffic in the arterial business district and will receive review under the provisions of chapter 16 of this title with specific emphasis • on the criteria of traffic generation: 11 Apparel stores. Bakeries and confectioneries. • Banks and financial institutions. Brew pubs. Business and office services. Camera stores. Child daycare center. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Convenience food stores, restricted to a maximum of eight thousand (8, 000) square feet and no more than thirty three percent (33%) of the gross building area of the entire structure. Furniture stores. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Liquor stores. Music and record stores. Nursery and garden supply. Outside car wash. Pet shops. Public and private health facilities. Service stations. Small appliance repair shops, excluding furniture repair. Theafer. Yardage and dry good stores. 12-7F-6: LOT AREA AND SITE DIMENSIONS: The minimum lot or site shall be twenty five thousand (25, 000) square feet of buildable site area, and each site shall have a minimum frontage of one hundred feet (100). • 12 12-7F-7: SETBACKS: In the arterial business district, setbacks shall be as follows: A. Side: Fifteen feet (15) where building height is less than twenty feet (20); twenty feet (20) where building height is over twenty feet (20'). B .Rear: Ten feet (10). C. Underground Parking: There will be no setback required for underground parking. D. Property Line Adjacent To South Frontage Road: Where a setback occurs at a property line adjacent to the South Frontage Road, a maximum of sixty percent (60%) of the length of the setback may be kept to the minimum fifteen foot (15) distance from the property line. The remaining forty percent (40%) of the length of the setback shall be twenty feet (20) or more distant from the property line. 12-7F-8: HEIGHT.• No more than seventy percent (70%) of the roof area may exceed thirty two feet (32) and none of the roof area may exceed forty feet (40). Minimum slope of the roof shall be three feet (3) in twelve feet (12). Ten percent (10%) of the roof may be flat to allow for a transition of rooflines. 12-7F-9: DENSITY CONTROL: Not more than sixty (60) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. 12-7F-10: SITE COVERAGE: Site coverage shall not exceed sixty percent (60%) of the total site area. 12-7F-11: FLOOR AREA RATIO: Not more than seventy five one-hundredths (0.75) floor area ratio (FAR) shall be permitted on any site or lot. Up to five-tenths (0.5) FAR will not require any covered parking. All FAR above five-tenths (0.5) will require covered or enclosed parking equal in percentage to the FAR. FAR is calculated by dividing the total gross floor area within the enclosing walls of a structure by the total site area of the property. 12-7F-12: LANDSCAPING AND SITE DEVELOPMENT.• At least twenty five percent (25%) of the total site shall be landscaped, plus the area between the property line and the shoulder of surfaced roads. The minimum width and length of any area qualifying as landscaping shall be ten feet (10) with a minimum area of not less than three hundred (300) square feet. • 13 Vail Land Use Plan The Vail Land Use Plan was adopted by the Vail Town Council on November 18, 1986. The plan is intended to serve as a basis from which future decisions may be made regarding land use within the valley. The primary focus of the Vail Land Use Plan is to address the long-term needs and desires of the Town as it matures. The Town of Vail has evolved from a small ski resort founded in 1962 with approximately 190,000 annual skier visits and virtually no permanent residents to a community with 4,500 permanent residents. The Town is faced with the challenge of creatively accommodating the increase in permanent residency as well as the increase in skier visits, while preserving the important qualities that have made Vail successful. This is a considerable challenge, given the fact that land within the Valley is awell-defined finite resource, with much of the land already developed at this juncture. The Vail Land Use Plan was undertaken with the goal of addressing this challenge in mind. A secondary purpose of the Vail Land Use Plan was to analyze a series of properties owned by the Town of Vail, to determine their suitability for various types of community facilities. The goals articulated in the plan reflect the desires of the citizenry. The goal statements that were developed reflect a general consensus of the comments shared at public meetings. The goals contained in the Vail Land Use Plan are to be used as the Town's adopted policy guidelines in the review process for new development proposals. According to the Official Town of Vail Land Use Plan map, the properties included in the West Lionshead study area are located within two different land use categories. Those two land use categories are "Community Office" and "Open Space" Pursuant to the Plan, the "Community Office" land use category description is as follows, "This area is to include primarily office uses of all types. Some limited commercial uses, such as refail businesses; including general merchandise, apparel and accessories and auto service facilities would also be permitted." Pursuant to the Plan, the "Open Space" land use category description is as follows, "Passive recreation areas such as greenbelts, strew drainageways are the types of areas in this category. were classified as undeve/opable due to high hazards 40% are also included within this area. n corridors and Hillsides which and slopes over 14 • Lionshead Redevelopment Master Plan (in part) Chapter 2, Introduction 2.1 Purpose of the Master Plan "This master plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives in the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail and fails to offer a world class resort experience. Lionshead's economic potential has been inhibited by a number of recurrent themes: • Lack of growth in accommodation units ("hot beds'; • Poor retail quality; • Deterioration of existing buildings; • Uninteresting and disconnected pedestrian environment; • Mediocre architectural character; and the • Absence of incentives for redevelopment. This master is a comprehensive guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public improvements. The plan outlines the Town's objectives and goals for the enhancement of Lionshead and proposes recommendation, incentives, and requirements for redevelopment and new development." 2.2 Definition of a Master Plan In the development of the Lionshead Master Plan, the following definition has been used as the basis for this work: A master plan is a guide, a flexible framework for future action. It articulates a community's fundamental land use policies, principles, and goals in a broad and general way. It plans for the future physical development or redevelopment of an area of the community, including its functional and circulation systems and its public facilities. The land use policies in a master plan are generally implemented through zoning ordinances. Existing zoning and land use codes maybe modified and new provisions enacted in order to conform to the master plan and carry out the plan's objectives. A master plan does not convey approval for particular development proposals or concepts, nor can it be implemented in a short Time frame. After adoption of the Lionshead Master Plan, • every development proposal will have to go through the applicable development review and approval process, with its attendant 15 public notices and public hearings. A proposal's adherence to the policies contained in the adopted master plan will be one of the • factors analyzed by staff, the Planning and Environmental Commission (PEC), the Design Review Board (DRB), and the Town Council (as applicable) in determining whether to approve or disapprove the specific proposal. 2.3 Policy Objectives The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality. and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds' through new lodging products. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. . 16 2.3.5 Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital maybe raised from all possible sources to fund desired private and public improvements. Chapter 4, Master Plan Recommendations Master Plan Recommendations -Overall Study Area This section of the master plan addresses issues that affect Lionshead as a whole. These issues -and recommendations to address them -should be considered in all planning and policy decisions as Lionshead redevelops. 4.1 Underlying Physical Framework of Lionshead The Lionshead resort area (that portion of the study area north of Gore Creek) is a mixed-use urban environment with several discernible land- , use sub-areas, or "hubs" (see Map N). Although the hubs overlap somewhat, there is no consistent and comprehensive pedestrian connection between them. The primary goal of the master plan is to create a visually interesting and functionally efficient pedestrian environment that connects the hubs to create a cohesive and memorable resort environment. 4.1.1 Lionshead Master Plan Concept Two primary pedestrian streets form the backbone of Lionshead's physical plan: an east-west corridor connecting Dobson Ice Arena with the west end of Lionshead and a north-south corridor connecting the proposed north day lot Transportation center wifh the ski yard. The circulation system and new retail and lodging components will follow the underlying pattern set by these corridors (see Map T) and the entry portals associated with them. 4.1.5 West Lionshead -Residential/ Mixed-Use Hub The western end of Lionshead, currently undeveloped, is home to parking lots, the Vail Associates service yard, the Vail sanitation plant, the old town shops, and a gas station. Uses proposed by the community on this site in the past include increased parking, employee housing, office space, mounfain service access, and an eastbound 1-70 on- and off-ramp. The master plan recommends that this hub become aresidential/ mixed use area with an emphasis on meeting the needs of the local community. Appropriate uses could include high density real • estate development, lodging, community based office and retail space, employee housing and parking. The opportunity exists for 17 a significant locals or seasonal housing development in this area. To the extent possible development patterns in this area should • reflect north-south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. In addition there is the opportunity for an underground public parking facility. All service and delivery demands created by development in this area shall be accommodated on-site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard will be reduced in size, as some functions can be moved to less central locations. However the area develops it is critical that new uses be connected to the primary pedestrian corridors and that they be served by the Town of Vail in-town transit system. 4.6 Vehicular and Pedestrian Circulation 4.6.2 South Frontage Road Recommendations outlined below address potential re-alignment of portions of the frontage road, ingress and egress improvements, bicycle/ pedestrian improvements, and visual improvements. For a detailed discussion of capacity and the impacfs of future development on the frontage road, see the traffic impact study contained in appendix A. 4.6.2.1 Potential Realignment The concept of realigning the South Frontage Road at the western end of the study area grew out of public discussions about land development and traffic flow in West Lionshead. Relative to traffic flow, realignment will remove the conflicf that now exists between through-traffic and mountain service vehicles (snow-cats and snowmobiles) entering and exiting the Vail Associates service yard. Realignment will position the road to the north of most new development, thus reducing the potential for conflicting turning movements. Regarding future land use, the realignment of South Frontage Road will allow the west day lot and the service yard to be combined into a contiguous development parcel. This is an important consideration for the development conceptually depicted in figure 4-9, and it would be necessary if the service yard property is used for a secondary Town of Vail public parking structure. Any existing parking on the west day lot must be • 18 replaced within the Lionshead study area. Specific • considerations regarding realignment are: a. Proposed Alignment The proposed realignment of the South Frontage Road is depicted in figure 4-9. Critical design issues include the width of the road and the radius of the curves. Both of these factors will be important in reducing the speed of vehicles entering the Lionshead area and the amount of land consumed by the two curved road sections. b. West Lionshead Circle Connection It is proposed that West Lionshead Circle connect back to the frontage road at the west side of the Vail Spa. The alignment depicted in figure 4-9 terminates perpendicular to the frontage road and does not require the acquisition of private property. Anew parcel of developable land, suitable for offices or non-resort retail, would be created on the southeast corner of this intersection. c. Forest Road Connection Forest Road could be realigned to cross through the newly created development parcel, providing access to that site and connecting at right angles fo the frontage road. d. Transit and Emergency Vehicle Corridor A transit and emergency vehicle corridor should remain in the existing alignment of the frontage road. This connection is necessary to provide athrough-transit route to the west end of Lionshead and also keeps in place the existing utility corridor. e. Feasibility of Realignment The ability to realign the frontage road will be heavily influenced by costs, CDOT (Colorado Department of Transportation), and the Federal highway administration. Future west Lionshead developments will _ require significant upgrades and widening of South Frontage Road, potentially including the widening or reconstruction of the bridge over Red Sandstone Creek. The cost of 19 realigning the frontage road is in addition to the mandatory costs of improving the road. • CDOT has approved an eastbound on- and off-ramp permit for I-70 at this location. However, if the frontage road is realigned and west Lionshead develops as shown in figure 4-9, the opportunity for this interchange (or any future interchange between the Main Vail and West Vail exits) will be lost. An additional interchange may not be needed now, given the success of the village and west Vail roundabouts and a proposal to relieve local traffic with an I-70 underpass adjacent to the Simba Run condominiums. However, the permit could possibly be amended to include only an eastbound off ramp. An off ramp at this location could become the main vehicular entry point to Lionshead from the west and could be particularly effective if a secondary public parking structure were built in west Lionshead. Realignment of the frontage road would also entail the acquisition of the CDOT right-of-way under the current frontage road alignment. All of these issues will need to be evaluated if realignment is pursued. Chapter 5, Detailed Plan Recommendations This section of the Lionshead Master plan examines individual parcels and groups of parcels within the Lionshead study area, excluding the residential properties on the south side of Gore Creek. The intent of this chapter -and the Master plan as a whole - is to identify important functional relationships and visual objectives within the district and to propose a framework for the long-term redevelopment of Lionshead. The document does not intend to limit or eliminate ideas relating to specific parcels; any proposals consistent with this framework should be considered even if they are not anticipated in this document. The parcels addressed here are organized generally from east to west, starting with the civic hub on the eastern end of the parking structure. 5.17 West Day Lob Vail Associates Service Yard/ Holy Cross Site Planning for the western end of Lionshead must consider two different scenarios: the realignment of South Frontage Road and its retention in the existing alignment. Higher densities and building heights may be appropriate in this area, particularly to encourage the development of employee housing. However, any development must meet the overall • 20 characfer and visual intent of the master plan and be compatible with the adjacent existing development of the Marriott and the Vail Spa. As depicted in figures 5-21 and 5-22, realignment of South Frontage Road will allow these properties to be consolidated for development while maintaining a transit connection through the property. Within the consolidated parcel, there are four distinct sub-areas separated by location and land use. The first is the existing west day lot. This site has Gore Creek frontage, is removed from the frontage road, and is the most appropriate for ahigher-end fee simple or fractional fee development. The second, immediately adjacent to South Frontage Road, should have a strong relationship with the first (potentially by a connecting "greenbelt" as shown in figure 5-24), but its less desirable location suggests a different and potentially higher density product. Affordable housing should also be considered here to accommodate new employee generation. The third, west of the realigned South Frontage Road, has been identified as an appropriate location for high density employee housing. The fourth has the longest road frontage and is the recommended location for a smaller Vail Associates service yard. From this location, a snow cat access route fo the mountain could be developed through the old town shops site and across the river to the Cascade Ho ski trail. If South Frontage Road is not realigned prior to buildout on this site, there would be a slight reduction in the amount of developable land north of the frontage road (see figure 5-23), and access points to the properties might be different. Traffic flow patterns and transit vehicle access would be different. The removal of the central transit/ pedestrian corridor will necessitate either an additional west Lionshead transit stop or the undesirable situation of people crossing the frontage road to access a single transit stop. 5.18 Old Town Shops The old town shops site has been targeted for a variety of uses throughout the master planning process, including employee housing, expansion of the Vail sanitation plant, and Vail Associates mountain services. These uses may be appropriate for the site, but they are not compatible. Input from the Eagle River Water and Sanitation District suggests that the property will most likely be used for expansion of the sanitation plant and the VA service yard. If the old town shops are removed the existing storage component will be replaced at the Town of Vail public works shop. 21 VI. LAND USE ANALYSIS • Existing Potential New Existing Potential New Status Regarding Parcel Zoning Zoning Land Use Land Use Master Designation Designation plan Vail Resorts Lionshead Lionshead Communit y Lionshead Currently In Maintenance Mixed Use-2 Mixed Use-2 Office Redevelopment Study Facility Master Plan Boundary Holy Cross Site Lionshead Lionshead Community Lionshead Redevelopment Currently In Study Mixed Use-2 Mixed Use-2 Office Master Plan Boundary BP/Amoco Gas Lionshead Lionshead Community Lionshead Currently In Satation Mixed Use-2 Mixed Use-2 Office Redevelopment Study Master Plan Boundary Eagle River Genral Use or Community Lionshead Currenty In Water and General Use Lionshead Office Redevelo ment Stud Sanitation District Mixed Use-2 Master Plan Boundary Vail Professional Arterial Lionshead Communit y Lionshead Proposed Building Business Mixed Use-2 Office Redevelopment For Master Plan Inclusion Cascade Arterial Lionshead Communit y Lionshead Proposed Crossing Business Mixed Use-2 Office Redevelopment For Master Plan Inclusion Glen Lyon Office Special D l Lionshead .Community Lionshead Proposed Building opment eve Mixed Use-2 Office Redevelopment For District No. 4 Master Plan Inclusion Tract K, Glen Special Special Lionshead Proposed Lyon Subdivision Development Development Open Space Redevelopment For District No. 4 District No. 4 Master Plan Inclusion Outdoor Outdoor Town Owned Recreation Recreation Lionshead Proposed Unplatted Parcels and Natural and Natural Open Space Redevelopment For Area Area Master Plan Inclusion Preservation Preservation Natural Area Natural Area Lionshead Proposed Stream Tract preservation Preservation Open Space Redevelopment For Master Plan Inclusion Vll. CRITERIA FOR REVIEW OF PROPOSED MASTER PLAN AMENDMENTS The applicants are proposing to amend both the Lionshead Redevelopment Master Plan maps (Maps A-W), Chapter 4, Recommendations Overall Study Area, and Chapter 5, Detailed Plan Recommendations of the Plan, to include detail recommendations for development on the "West Lionshead" area. A copy of the proposed text amendment will be included in the memorandum prepared for the March 13, 2006, Planning and Environmental Commission hearing. Amendments to the Lionshead Redevelopment Master Plan require a public hearing review process as outlined in Section 12-3-6 of the Town Code. If 22 approved, amendments are adopted by resolution by the Vail Town Council. According to the Lionshead Redevelopment Master Plan, amendments to the Master Plan must address the following review criteria: How have conditions changed since the plan was adopted? The Lionshead Redevelopment Master Plan was adopted in December of 1998. The study area, as currently defined in the Master Plan is generally defined by the following features: • On the north by I-70 • On the east by Middle Creek (west of the Vail Valley Medical Center) • On the south by the Town of Vail boundary (south of Forest Road, not including single-family lots) • On the west by Red Sandstone Creek (east of the Glen Lyon Office Building.) The conditions with the current properties in the Lionshead study boundaries and those proposed for inclusion have changed quite substantially since the adoption of the Lionshead Redevelopment Master Plan. Those changes include the changes in ownership with Vail Resorts Development Company purchasing the gas station site, the Vail Professional Building, and the Cascade Crossing. IN addition you have the ownership of the Glen Lyon Office Building desiring to be included into the Master Plan. Other conditions which have changed include the possibility of a ski lift, the construction of a bridge substantial enough to support the weight of snow cats, and the possibility for a greater realignment of the South Frontage Road behind the Vail Professional Building and Cascade Crossing. How is the plan in error? The Lionshead Redevelopment Master Plan may be in error in this situation. The error results from omission of the Vail Professional Building, Cascade Crossing, Glen Lyon Office Building, Tract K, and the Town owned unplatted parcels from the initial study boundary. The parcels proposed for inclusion into the study boundary adjoins the west side of the western boundary of the Lionshead Redevelopment Master Plan study area, and the site is a logical continuation of the Master Plan to the extent at which no further development occurs until you reach Cascade Village. The existing boundary is the physical boundary of Red Sandstone Creek. Master Planning logic should have continued the study area west to include the remaining parcels of which development is on and redevelopment was likely and is in close proximity to Lionshead and no other development. How would an addition, deletion, or change to the plan be in concert with the plan in general? The Lionshead Redevelopment Master Plan has identified the following policy • objectives which staff believes are applicable to this application: 23 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds !n order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds') through new lodging products. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 2.3.5 Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital maybe raised from all possible sources to fund desired private and public improvements. Staff believes that amendin Master Plan study area tc Crossing, Glen Lyon Office parcels into the Lionshead policy objectives of the Plan. ~ the boundaries of the Lionshead Redevelopment include the Vail Professional Building, Cascade Building, Tract K, and the Town owned unplatted Redevelopment Master Plan is in concert with the • • • 24 Vlll. DISCUSSION QUESTIONS The following is a list of questions that were proposed to participants at the January 26, 2006, open housing regarding the proposed amendment to the Lionshead Redevelopment Master Plan. Below the questions are the comments received from the participants at the open house. Staff and the applicants would ask the Commission to respond to the following questions and provide any other comments. • Do you agree that the placement of a new gondola on the location of the Amoco/BP gas station site is appropriate? / Would prefer the lift location closer to the Ritz / If that's where parking and commercial/office can best be developed, it's a good site. However, I feel the Ritz Carlton development should be delayed to also evaluate a lift site east of the Waste Water Treatment Plant. / From a base area viewpoint, it seems like the most available or likely place to put a new lift. Unfortunately, at the top, it still doesn't get you anywhere on Vail Mountain. Who wants to go to the bottom of 26? The top to do is a cat road to Game Creek? But certainly the best opportunity available. / Yes. • Should this gondola be constructed, do you envision its location and function as being more appealing to locals or to guests? / With a location at a former gas station site, more appealing to locals (sic) / It's got to be appealing and sensible or it will fail. Should not be another Golden Peak which has failed as a major portal due to congestion, no parking, and terrible circulation. / Guests -only if staying nearby. If the underpass from Simba/Sandstone comes over, then lost more condo guests have walking access to this -great for those properties! Locals and/or drivers, could be a quick in/out similar to any other option, certainly more appealing if locals/employees are prodded with incentives. / Yes, construct it. Build as much parking as possible, more than needed to get cars off of Frontage Road. I'm concerned about year-round retail viability. Lionshead businesses have been struggling for years. • What suggestions do you have for keeping this area vibrant and active all year round rather than only when the gondola is in operation? 25 / A movie theater / More stores such as Barnes and Noble / Elegant shops, as can be found in Aspen, such as Ralph Lauren, Chanel, Banana Republic / another Club Chelsea for night life / hiking and biking center / A great place to replace the office space we have lost in Vail Village, Lionshead and in this area (i.e. Vail Professional Building, etc. ) / Recreation / Youth Center / Skatepark / A Park / Keep people coming and going to stop for coffee, sandwich, etc. ;~ / Shops by themselves don't do it, need other activities or entertainment. / If locals orientation is desired, businesses such as the Gore Range Brewery, a blues jazz club, Einstein's Brothers, Tokyo Joe's, Noodles and Co, etc. would be desirable. / Give the likely cost of real estate this may be unrealistic and the locals center of gravity may remain downvalley. Other Comments or Suggestions? IX. STAFF RECOMMENDATION The Community Development Department recommends that the Town of Vail Planning & Environmental Commission directs staff and the applicants to prepare all the necessary amendments to the Lionshead Redevelopment Master Plan to facilitate the requested change in the study area boundary and the inclusion of the "West Lionshead" area into the detail plan recommendations of the Master Plan. 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 applicants request that the Planning and Environmental Commission tables the request to the March 13, 2006, hearing. 26 B ,~ ~ ~ • 3'lrorraas Consultants I~zc. Barite 1650, ~0013rarrard Sta~eet 1•'~rn.coacver, P~ritash Cnlruzzbia Cnnudcr u(iC ~A6 Tehphaae: (60 1 687-21 70 Fucsinzile; ("604) 68s-Z ?88 E-A1ul.. icz®tbazaacconsultuntr.cc~ zcantu. tlaonzascorzrarlta rats, cc7 January 13, 2006 Mr. Jack Hunn Vice President Design and Construction Vail Resorts 137 Benchmark Road Avon, CO 81620 Dear Jack, RE: WEST LIONSHEAD MASTERPLAN OPTIONS • Further to the receipt of the proposed options on December 21, 2005 prepared by 4240 and our meeting in your offices on January 6, 2006, I have the following comments leading up to the proposed 28,000 square foot retail expansion. General Considerations Lionshead is at a pivotal point to further impregnate itself as a major destination with the proposed expansion of West Lionshead. While Vail Square and Arrabelle will be a stunning new anchor and meeting point, that location possesses less than 30,000 square feet of retail. !n itself, that is not enough floorspace to create the necessary selection. and diversity of tenants for a proper retail destination. Lionshead clearly requires more retail floorspace. The proposed West Lionshead retail expansion starts to address the issue directly. Not only will it add approximately 28,000 square feet of desirable additional floorspace, but it also starts to round out the appeal of Lionshead e.g. new Wayfinding patterns through the whole node; heated walkways through key Lionshead streets thereby taking out the tension of browsing; the opportunity to tie the various sub-anchors nodes together into a single experience, etc. • Attachment: B West Lionshead also has the ability to create a new destination attraction with the proposed gondola portal. In addition, the stream below can be exploited with desirable water features. Finally, the Town of Vail wants to see increased revenue in West Lionshead but not at the expense of other retail areas in Vail. Masteralan Comments - The placemaking of Lionshead can become its own important exercise. - By developing greater critical mass, you create more reasons to go there. West Lionshead can thus become more its own destination with commensurate appeal. - {n so doing, Lionshead would become its own enclave with state of the art facilities and attractions. It would no longer play a secondary role to Vail Village. Quite the contrary, it would similarly round out the overall appeal of Vail Village/Lionshead. More dollars would be spent with less outflow thereby substantially enhancing revenue to the Town of Vail. - The plan needs to stop the present jarring nature of Lionshead and create a more unified node where the rhythm of the area moves seamlessly and continuously from one anchor attraction to another, for example from Arrabelle to The Marriott to The Ritz Carleton to Sites A-C and ultimately incorporating the Cascade Crossing Center, Vail Professional Building and the Norris Land of 1.75 acres. - From the west, the LionsheadlVail Village experience would start not at Vail Square - Arrabelle, nor the new Four Seasons or the Village itself but rather at the Norris Lands. - By extending Frontage Road west to parallel 1-70 from Site B and Site C and then directly incorporating the Norris Lands, you end up with not only a more unified parcel for redevelopment but also the opportunity for enhanced density. - From a retail standpoint, such a plan ties together the various sub-areas of Lionshead into one integrated experience. This will enhance the hallmark of Vaii itself with its pedestrian character. Accordingly, retail starts to better laid out with proper double loaded street. - Sub anchors like the Ritz Carleton now can be better incorporated into the retail spine and pedestrian connectivity to other nodes. A series of mini-town squares can be incorporated furthering encouraging the ecessity quotient of the social gathering, meeting place. • - As retail needs to tie together the various single use elements into a single experience, this is very much accomplished in this proposed plan. Preliminary Retail Feasibility Assessment - From the Town of Vail's perspective, it is vital that any new retail floorspace be justified on the basis of identifying new retail demand generators and not merely re- distributing existing sales so that there is no net benefit increase to the Town. Accordingly, the preliminary calculations highlight the new demand generators and what retail floorspace could be justified. - Several methods can be used to obtain a preliminary assessment of what retail space could be supported. - It is proposed in the new West Lionshead area that an additional 28,000 square feet be developed. - Vail has approximately 54 square feet of retail floorspace per hotel/condo unit. This compares to 92 square feet at Beaver Creek and 79 square feet at Whistler. - By employing a ratio of say 60 square feet of retail floorspace per unit, it means that West Lionshead would have to build 466 hotel/condo units. - For Sites A-C, a total of 283 units are proposed. - By incorporating the Norris Lands, re-aligning the Frontage Road and adopting slightly higher densities, an additional 183 units would be warranted. - Another way to look at it is as follows o Total retail square footage proposed - 28,000 square feet o Total sales estimated at $400 per square foot = $11.2 million o Total number of hotel/condo units proposed 466 o Average annual occupancy 41 o Average occupants per room 2 o Number of visitor days 139,473 o Estimated average daily retail expenditure $80 o Total retail expenditure 11 75 mi!li4n To justify the 28,000 square feet of retail, it means that if the 466 units were developed at West Lionshead, they would have to be occupied 41 % of the time with 2 persons per unit spending $80 each per day on retail/food and beverage. - Based on our experience on other resorts and corresponding expenditures, the . proposed 28,000 square feet for retail is quite realistic. Potential Tenant Mix A preliminary tenant mix could be as follows - Food and beverage o Restaurant (2) 5,000 o Coffee Shop (2) 2,000 o Bar 2,000 o Take away food 000 1 o Convenience storelgenera4 stare/wine bar , 3,000 o Video rental 1,500 o Hair salon 1,000 o Health and beauty aids 1,500 o Logo store 2,000 o Ski rental/bike rental 3 000 o Ski accessories , 1,000 o Ski fiashion 1,500 o Liquor stare 1 500 o Reai estate office , 2.000 o Total square footage 28.000 Such a tenant mix basically would be local in its appea{ and there to serve basically the Lionshead area and its expansion. Summer Attractions The comment is frequently heard that there is not enough activities for teenagers to partake in Vail. At the proposed gondola portal, an opportunity could exist to address any supposed shortcoming, for example, o Training pool for ski jumping o Mountain bike activity center o Trapeze center o Rock climbing wall o Alpine slide o 'Zip trek' flying fox across stream These uses need to be exhaustively researched and evaluated. . New Centers to Visit The marketplace is blurring very quickly. Urban developers are pinching ideas from flagship resorts and incorporating them into their own urban centers, e.g. arguably the wor{d's best mall, South Coast Plaza in Los Angeles, now markets itself as "the World's Ultimate Shopping Resort". Conversely, other resort developers are studying "New Urbanism" projects and incorporating certain of their features into their own village squares. Discussion was made of visiting certain new centers around the country. Not only do I believe this would be invaluable but it would also provide you with a menu of ideas for West Lionshead to take an already good plan and make it great. Conclusion Thank you for the opportunity to prepare this opinion. As stated, I believe the 4240 plan is exciting and enriching and particularly if the Cascade Crossing, Vail Professional Building and Norris Lands can ultimately be incorporated into the overall West Lionshead Masterplan. After our next meeting and review, I would be pleased to make a submission to the Town of Vail on your behalf. Yours sincerely, THOMAS CONSULTANTS INC. a/~.i Ian F. Thomas Chairman cc: Jay Peterson, Bayley and Peterson +~ Louis Bieker, 4240 Architects • ~ ~ 1 W .L~~( ~ Q z~w„ ~ ~ l z~H O M • - ~ ~ •- . ~ 3 Z O I ,w _ ' ~ j .M- L21~S /y ~ `r~ i (CS ~ lr ~ ~ _~ ,~ n ~ .~ °° ,~ ~ F l~,~' ~ -Y A ~ J A ~, .. a~ ~ r ~ ~ W c~ ~ ~ ~ ao ~r~~ ~> ~ ~~ m ~ ~ cn ~ °~ ~ a N ~ ~~ y ~ ~~ ~ ~ y ~ ~ ° ~ ~ ,~ _ `° ~ d _ C O _ C N i N A ~ w, ~ V ~ ~ ~ ~ ~ W w~,, ~ .N ~ ~ ~ ~ W ~ _ ~ ~' _ o ~ ~ ~ E' `~ o a g ,; o ~ L 0I '~ ~ ~ ~ ~ U O 2 • _ f ~~, 0 ~ 1111 A I ttachment: C ~. , • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 13, 2006 SUBJECT: A request for a recommendation to the Vail Town Council to review the Vail Land Use Plan map, pursuant to Section 8-3, Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan area, and setting forth details in regard thereto. (PEC05-0098) Applicant: Town of Vail Planner: Warren Campbell SUMMARY The applicant, Town of Vail, is requesting a recommendation from the Planning and Environmental Commission regarding an amendment to the Vail Land Use Plan text and map to designate the land area included within the boundaries of the Lionshead Redevelopment Master Plan as being regulated in terms of land • use by the Lionshead Redevelopment Master Plan. Staff is asking the Commission to listen to a presentation on the proposed Vail Land Use Plan text and map amendments. Upon completion of the presentation, staff is requesting that Commission engages in a discussion with the staff and provide their input and feedback on the proposal and then forward a recommendation of approval to the Town Council on the proposed text and map amendments. I1. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a recommendation from the Planning and Environmental Commission regarding an amendment to the Vail Land Use Plan text and map to designate the land area included within the boundaries of the Lionshead Redevelopment Master Plan as being regulated in terms of land use by the Lionshead Redevelopment Master Plan. The purpose of this meeting is to allow the staff to present revised Vail Land Use Plan text and a revision to the Vail Land Use Plan Map. III. BACKGROUND The Town of Vail Land Use Pan was adopted on November 18, 1986, with the purpose of articulating land use goals and guiding future decisions regarding land use within the Town. Accompanying the Plan is a map which identifies in a • spatial format the location of the Land Use Categories identified in the Plan. The Vail Land Use Plan and map have been updated several times. Most recently, in association with the Vail's Front Door project. Section V of this memorandum will go into greater detail on the contents of the Plan. • IV. ROLES OF THE REVIEWING BOARDS Vail Land Use Plan Amendments Planning and Environmental Commission: Action: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents. Design Review Board: Action: The Design Review Board has no review authority on Land Use Plan amendments. Staff.• The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents. 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 approval/denial of a Vail Land Use Plan amendment. The Town Council shall review and approve the proposal based on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Vail Land Use Plan and other applicable master plan documents. V. APPLICABLE PLANNING DOCUMENTS Vail Land Use Plan (in gart~ The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in • the review process for new development proposals. In conjunction with these 2 goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. The Vail Land Use Plan contains the following goals: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued • implementation of the Urban Design Guide Plan. 1.5 Commercial strip development of the Valley should be avoided. 1.6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.8 Recreational and public facility development on National Forest lands maybe permitted where no high hazards exist if.• a) Community objectives are met as articulated in the Comprehensive Plan. b) The parcel is adjacent to the Town boundaries, with good access. c) The affected neighborhood can be involved in the decision- making process. 1.9 National Forest land which is exchanged, sold or otherwise falls • into private ownership should remain as open space and not be zoned for private development. 3 1.10 Development of Town owned lands by the Town of Vail (other than • parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.11 Town owned lands shall not be sold to a private entity, long term leased to a private entity or converted to a private use without a public hearing process. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. • 2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 2.5 The community should improve non-skier recreational options to improve year-round tourism. 2.6 An additional golf course is needed. The Town should work with the down valley communities to develop a public golf course as well as other sports facilities to serve the regional demand for recreational facilities. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 2.8 Day skiers need for parking and access should be accommodated through creative solutions such as: a) Increased busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. CJ 4 • 3.0 Commercial 3.9 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversify. More nighttime businesses, on-going events and sanctioned "street happenings" should be encouraged. 4.0 Village Core /Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access • and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 4.4 The connection between the Village Core and Lionshead should be enhanced through: a) Installation of a new type of people mover. b) Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or sculpture plaza. c) New development should be controlled to limit commercial uses. 5.0 Residential 5.9 Additional residential growth should continue to occur primarily in • existing, platted areas and as appropriate in new areas where high hazards do not exist. 5 5.2 Quality time-share units should be accommodated to help keep • occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Sub-section 8.3.C of the Vail Land Use Plan outlines the amendments procedures for proposed changes to the Plan. The amendment process is one which is intended to assure the Plan's effectiveness with periodic updates to reflect current thinking and changing market conditions. The process includes amendments which may be initiated in any of the following three ways: A. By the Community Development Department B. By the Planning and Environmental Commission or Town Council C. By the Private Sector Pursuant to Sub-section 8.3.C.2, in part, (an application initiated by the private • sector), "Such applications will be considered at a meeting with the PEC. At the PEC public hearing, a recommendation shall be made to the Town Council, whereupon a decision shall then be rendered. To change the by this procedure, it shall be the responsibility of the applicant to clearly demonstrate how conditions have changed since the Plan was adopted, how the Plan is in error, or how the addition, deletion, or change to the Plan is in concert with the Plan in general. Such decision may include approval, approval with conditions, or denial. Amendments may be requested for changes to the goals and policies and/or Land Use Plan map. If such request is approved, such change shall be made to the Plan document and/or map. If such request is denied, no such request that is substantially the same as that previously denied shall be considered for a period of one year. " An amendment to the Vail Land Use Plan shall be approved by the Vail Town Council upon passage of a resolution. VI. PROPOSED MASTER PLAN AMENDMENTS To change the Vail Land Use Plan it will be the responsibility of staff to clearly demonstrate 1) how conditions have changed since the Plan were adopted; 2) how the Plan in error OR 3) how the addition, deletion, or change to the Plan are in concert with the Plan in general. • 6 • The Planning Department Staff is proposing text and map amendments to the Vail Land Use Plan in order to bring the Plan up to date with the currently adopted Lionshead Redevelopment Master Plan. The proposed amendments are intended to facilitate the redevelopment of Lionshead through the use of the Lionshead Redevelopment Master Plan. Staff is initiating three amendments to the Vail Land Use Plan. The amendments include: A text amendment to add language describing the Lionshead Redevelopment Master Plan Land Use Category; 2. A text amendment to delete the obsolete Tourist Commercial Land Use Category; and 3. An amendment to the Plan map to delineate the area regulated by the Lionshead Redevelopment Master Plan. Chapter VI of the Vail Land Use Plan establishes a number of different land use categories. Currently, there is not a category for those areas regulated by the Lionshead Redevelopment Master Plan. Staff is proposing to add a definition of the Lionshead Redevelopment Master Plan -LRMP Land Use Category. The purpose of the amendment is to expand on the existing land use categories to more accurately reflect the type and nature of land uses typically associated with the Lionshead Redevelopment Master Plan. . In addition, Staff is proposing to delete the Land Use Category description for Tourist Commercial. The existing Tourist Commercial Land Use Category will be replaced by the proposed Lionshead Redevelopment Master Plan -LRMP Land Use Category. The staff is proposing the following master plan text amendment language. Text to be added is shown in bold italics and text to be deleted is shown in s~ril~e~reug#: LRMP -Lionshead Redevelopment Master Plan Included in this category are those properties which are identified as being included in the Lionshead Redevelopment Master Plan boundaries. Properties located within this land use category shall be encouraged to redevelop, per the Master Plan recommendations, as it has been found that it is necessary in order for Vail fo remain a competitive four-season resort Uses and activities for these areas are infended to encourage a safe, convenient and an aesthetically- pleasing guest experience. The range of uses and activities appropriate in the Lionshead Redevelopment Master Plan (LRMP) land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, open spaces, parking and loading/delivery facilities/structures, public utilities, residential, lodges, • accommodation units, deed restricted employee housing, retail businesses, professional and business offices, personal services, and restaurant uses. a I was .'6 •vv E: yv E.inifr~ ~~ ~e~, r~.-. it h.,nir.n e.n1.. M~.v .. fn..r.+r.i.. I v.. T +~,~~~,~ ..,{,.,JvJ^ ~,. J,^{ .Z~aLLTF!'AT/1~. 4. v;-4fIEf' e.~YCdfT~7~el7CJ~"YY/g~'~.~jJ'~~T'VG'9' ^nm~~~pil.~L./~ fnr +H.+ ..rcQ ... ~LoL+ir...l..r n ..l... ..vv d Applicable portions of the existing Land Use Plan Map (Attachment A) and the proposed amended map (Attachment B) have been attached far reference. A map of the existing Lionshead Study Area (Attachment C) from the Lionshead Redevelopment Master Plan is attached for reference. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental forwards a recommendation of approval of the proposed Land Use Plan amendments to the Vail Town Council. The staff's recommendation is based upon the review of the criteria outlined below: "To change the Master Plans it will be the responsibility of the applicant to clearly demonstrate 1) how conditions have changed since the Plans were adopted; 2) how the Plaris are in error OR 3) how the addition, deletion, or change to the Plans are in concert with the Plans in general. " • Specifically, the staff finds that the conditions of the Town and Lionshead have changed since the adoption of the Land Use Master Plan and that the proposed changes are in concert with the stated goals and objectives of the planning documents comprising Vail's Comprehensive Plan. Should the Planning and Environmental choose to forward a recommendation of approval to the Vaii Town Council, staff recommends the Commission makes the following finding part of the motion: "The Planning and Environmental Commission finds that the conditions of the Town and Lionshead have changed since the adoption of the Vail Land Use Plan. Specifically, the Commission finds that the adoption of the Vail Land Use Plan preceded the adoption of the Lionshead Redevelopment Master Plan. Further, the proposed amendments are in concert with the plan in general as the amendments will help to articulate the land use goals of Town and can be used to guide decision making around the states goals, objectives and policies outlined in the Vail Land Use Plan. " VII{. ATTACHMENTS A. Existing Land Use Plan Map (in part) B. Proposed Land Use Plan Map (in part) • C. Lionshead Redevelopment Study Area L ~ '" \\ \\ ~ G+ ~. ~ / V I ' -_"~ ~ J ~~~ ~ ~ ~~ .. ~~ ~~ ~~ - ~~~$ ~~g ~ n~ Ax ~ N -__ a a g U ~ ~ ~ « ~ ~' ~ ~~ r g ~ U W 'a ~~ Ft ~ N c~O >~ m ~ R~ ~ G ~ ~ d 18 R ~ ~ d' ~ V U ~ N o~ ~F N ,~ ~ ~ Q V °ioyy ~ ~ ~ ~ ~ ,9 C 1 ~ ~ ~, ~ ~ ~ C 4. ~ ~ O a ., ~ a/ °~ N Q Q U 7 N ~ ~i ~tA ~ ~,~ ~ ~ ~ e ~ ~ ~ o U ~ ~ t-- L ~ a ~ - ~, 0 m~l M ° ~ ~ O f ~tll a~' n 7f ri. N~ ~ ^ ~ 8~ g ~ as e ~ ~,~ a~ ~_ ~ ~~ ~ - ~~ m 3 ~ '" ~n~ _~ ~af~ ~ ~~ ~~_~_ ~ _~ ~ ^ ~ a ~ ~ 3 < a ~+ m _~ ~ m~ ~~ a= ~~ ~~ ` ~,~~ .~ -- ~ R f ~ R ~ ~ ° o_ - el ~~ ' N $$ ~$ ~ ~ M ~ as ~ 1 a _ m m ~~ ~~ mP.11t: p- ~ ~'~. ~ ~ 0 '~ N J ~ ) w O h- i~ ~ ~i O 3 Y _- ~ o n \` d td~ DL \ p y U m ~ ~G 3 ~ c ~ ~ ' V °' m ~ ~ m ~ Attachment: B ~. ~ Sao ;o °~ Q~ ow ~ F- ~ a 6 O m ~ ~~ ~ U 7 °` w ~ `~ CJZ m ~ ~ `~ ~ o , , \~~\ QZ ~ w > ~\ ~\ ~ ~ ~ 4 J ~' J ~~ ~ `... \~" \~ ~ z .~ 6 W \\\~ N U K r LL J W Q N a U t! -- - ' \ Z O ~ ~ ~ m ~ ~' v ~ 4 y ~ a. ~ r f-- 3. v~ Ste. ._ ~ p 4 Q aj l~ ~1 ~ _ ~ 5 ~' 16 O tl R 1 O . m~ ) ~ N ~, r ~ 1 J v ". Y / ~ ~ 1 ... - i -~ 1 ` } ' • '_' n -..--11 .tn...r ~ .~F` Z _ .. '~ - J r Il ~ , .~ ~ ~ ' ~~ ~. --~ 1 - J 4 t ~.A ~~i O O rv~'~ ,~~, ,.. ~ _.. t7 t, ~ - ~ ~ O d~i- - -ti -~-~ t o` ~ ~~ _ .__ n ~. V ~ V 0 . 00 .n (o C'I Att2 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • January 23, 2006 ~l~oi,y~,. PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Chas Bernhardt Doug Cahill Anne Gunion Bill Jewitt Rollie Kjesbo George Lamb David Viele MEMBERS ABSENT Site Visits: 1. Crossroads -141 and 143 Meadow Drive 2. Sweet Basil and Errata -193 Gore Creek Drive Driver: George Public Hearing -Town Council Chambers 12:00 pm 2:00 pm 1. A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to an existing platted building • envelope, located at 1082 Riva Glen Road/Lot 3, Spraddle Creek Estates Subdivision, and setting forth details in regard thereto. Applicant: 1082 Riva Glen Road LLC, represented by Resort Design Associates Planner: Elisabeth Eckel ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0 1. The amended final plat submitted to the Town for recording shall include a graphic scale and the total area, in square feet, of the new building envelope of an equivalent size approved by this reconfiguration. Elisabeth Eckel gave a presentation per the staff memorandum. The applicant offered no further comment. The Commissioners offered no further comments. 2. A request for a final review of a major exterior alteration, pursuant to Section 12-7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of retail and restaurant space (Sweet Basil and Errata) and the modification of an existing outdoor dining deck, located; at 193 Gore Creek Drive/Lot 56, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building) and setting forth details in regard thereto. (PEC05-0097) Applicant: Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects . Planner: Elisabeth Eckel Page 1 ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-1 (Gunion • recused) 1. This approval shall be contingent upon the applicant receiving Town of Vail approval of the design review application associated with this major exterior alteration request. 2. Prior to building permit submittal, the applicant shall submit plans to the Community Development Department reflecting the extension to the ground of the exterior shaft located at the east side of the building. 3. Prior to 'the issuance of a Temporary Certificate of Occupancy by the Community Development Department for the scope of work related to this proposal (PEC050097), the building shalt fully comply with the Fire Department's requirements for a sprinkler system. 4. Prior to the issuance of a Temporary Certificate of Occupancy for the scope of work related to the referenced project, the applicant shalt gain approval by the Town's Building and Fire Departments of plans which depict full compliance of both rear (north) spiral staircases and a related timeline for the proposed construction and completion of that work. 5. Prior to the issuance of a Temporary Certificate of Occupancy, the applicant shall provide the Community Development Department with a copy of the renewed lease agreement entered into with the Town of Vail to reflect the reconfiguration of the patio and planter located upon the Town of Vail's property. Elisabeth Eckel gave a presentation per the staff memorandum. Bill Pierce, representing the applicant, stated he had nothing to add to staff's presentation. There was no public comment. . Chas Bernhardt and Doug Cahill were in favor of the condition that the building be brought into compliance with the applicable Fire and Building Codes. 3. A request for a recommendation to the Vail Town Council of proposed text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-2-2, Definitions, Vail Town Code, to define a bowling alley and a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for a bowling alley as a conditional use in the Commercial Service Center zone district; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0095) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Wean-en Campbell ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Bernhardt VOTE: ?-0-0 Warren Campbell gave a presentation per the staff memorandum. Dominic Mauriello, representing the applicant, made no further comment. Jim Lamont commented that some of the uses proposed within this project were restricted by existing covenants upon the land. Dean Hall, President of the Vail Village Inn Phase III Homeowners Association, commented that there were no objections to the bowling alley. He added that it seemed odd that the proposed • definition of a bowling alley included so many retail type elements. Page 2 Jim Lamont added that the covenants upon the land specifically stated that bowling alleys were . not allowed upon the land. Russ Forrest acknowledged the presence of Malcolm Murray, who was acting as legal counsel to the Commission during the absence of Matt Mire, Town Attorney. Chas Bernhardt asked for clarification of the underlying covenants. Warren Campbell commented that the Town did not enforce private covenants on private land. He added that he had not seen the covenants and that the applicant would have to resolve those covenant issues if indeed they did restrict bowling alleys. The Commissioners were supportive of the proposal and generally had no additional comment. 4. A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0093) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Recommendation of approval with condition(s) MOTION: Kjesbo SECOND: Jewitt VOTE: 5-2-0 (Viele and Lamb opposed) • The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: 1. The Developer shall prepare a written agreement for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events -which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events; inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, details for funding public art, and details for providing additional landscaping in the area between Vail Village Inn Phase III and the proposed Crossroads to address the screening needs between the buildings. 2. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit): • 1. The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of Page 3 the Design Review Board prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the lodge and enclosed and visually screened from public view. 3. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board. 4. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 5. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 6. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifica ions of the Town of Vail Communications Center. The specifications and details o~ this system shall be submitted to staff for review and approval with the application for a building permit. The Developer shall address the following conditions of approval prior to requesting a temporary certificate of occupancy or a final certificate of occupancy; 1. The Developer shall be assessed a traffic impact fee of $5,000 per net trip increase in p.m. traffic, or $340,000. This impact fee shall not be offset by any public improvement. 2. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes, but is not limited to, the proposed streetscape improvements. 3. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer 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, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 4. The Developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of six (6) beds • generated by the redevelopment of Crossroads, and that said deed-restricted Page 4 employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to . issuance of a Temporary Certificate of Occupancy for the Crossroads project. The required Type II or I11 deed-restricted employee housing units will be regulated by the Town of Vail Employee Housing requirements (Chapter 12-13). The applicant shall purchase and deed restrict the employee housing beds prior to requesting a temporary certificate of occupancy. The units purchased must be approved as acceptable by Town staff and deed restricted as Type II or III units depending on the zone district in which they are located and by the appropriate review process. The developer shall have the right to participate in any pay-in-lieu program, if one is established by the Town, if helshe so chooses. Participation in a pay-in-lieu program shall occur prior to requesting a temporary certificate of occupancy. 5. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sates of dwelling units on-site. Warren Campbell gave a presentation per the staff memorandum. Dominic Mauriello, representing the applicant, presented the project using a Powerpoint presentation. Jeff Winston' of Winston Associates, representing the Town, conducted a presentation of the digital model which had been prepared for Crossroads. Dean Hall, President of the Vail Village Inn Phase III Homeowners Association, distributed a letter that indicated the Association would appreciate continued attention to the extreme height requested by the applicant. Ron Byrne, resident, requested that some attention be paid to all of the developers who had proposed developments upon this site prior to Peter Knobel. He stated that he was hopeful that approval could be given to the proposal as it stood today. Bob McNichols, the developer of One Willow Bridge Road, commented that many of the buyers of his project, which is nearly sold-out, were very interested in the expedient redevelopment of the Crossroads site. Ann Bishop, legal council representing Vail Village Inn Phase III, requested that the letter she distributed be made a part of the public record. She then stated that lawsuits had been threatened against those that opposed the project and expressed her concerns with this type of intimidation during the public process. Jim Lamont asked if there were any cross-sections of the building in the submitted package, to which Warreu~ Campbell replied there were none required or provided. Mr. Lamont commented that the building should not be allowed to extend into the setbacks, thereby impeding the views of other developments and the development itself. He stated that the public art needed to be • available for public viewing as well as review by the AIPP Board. He commented that the project should be viewed in light of the surrounding properties, particularly in terms of height, and should Page 5 not necessarily be viewed in light of all of the tallest developments within the Town (Four Seasons, etc.). He commented that it was not unheard of for the Town to regulate space that was allotted as public benefit (referring to the proposed bowling alley and theater). He felt that i such regulation of the public benefit should be detailed within the Developer Improvement Agreement. He suggested that a consistent impact fee be assessed to new developments. The current affordable housing assessments were not working, he furthered. Mr. Lamont finished by saying that several statements had been made by the developer which could have been deemed intimidating. Rick Scalpellp, resident, commented that the building in which he lives (9 Vail Road) is more impacted by development than perhaps any other building in Vail. He commented that condominium units have been deemed by the Northwest Council of Governments and other groups, as being necessitated by the larger economic driver of second homeowners than winter and summer guests combined. He stated that any future change desired by the ownership of the proposed project would require an amendment to the proposed SDD with Town Council and The Planning and Environmental Commission review and approval. He stated that it was hard to develop any area of the Town without blocking aview/view corridor of some sort. Kaye Ferry, from the Vail Chamber Business Association, responded that individuals who opposed the .project have been making threats of referendums and litigation as well. She added that this proposal has been reduced in size from the previously approved project and therefore would expect this project to be approved. In stating her support for the project, she said she spoke on behalf of many of the business owners within the Town. Roberta Scheller, a resident of Vail Village Inn Plaza Phase III (northeast corner), commented that some of the comments made today about the views from her building were not true. No homeowner in the building has commented that the view corridor has been violated. However, • the homeowners have agreed that the scale relationship of the two buildings will be violated if Crossroads is approved. Gwen Scalpello, resident of 9 Vail Road, acknowledged that the changes that had been made were a step in the right direction, though she thought that the bulk and mass was still excessive. She requested that the PEC take into strong consideration the scope of the DIA. She stated that the goal should be to please locals and guests alike with family entertainment. Dominic Mauriello commented that the Town Council was asked if it wanted the PEC's input on the DIA. The answer was negative. If the public areas were changed to other uses, those changes would be subject to Council and PEC review, as stated. Regarding the purchase of public art, it would be reviewed by the AIPP Board and then integrated into the Town. Anne Gunion asked what role the PEC had in regards to DIA requirements. Russ Forrest and Warren Campbell commented that the PEC had the right to request conditions of approval that were deemed pertinent to the project, which could then be reflected in the DIA. She then thanked the public for their comments and thanked the applicant for his response to the previous requests of the PEC. Anne commented that there was substantial positive impact that was created for the neighbors as a result of the building changes at the northwest and southwest corner, to bring the Crossroads proposal into a greater compatibility to neighboring properties in terms of height. She agreed that the mature trees should not be removed without an equivalent amount of replacement landscaping. She agreed with the conditions of approval suggested by Staff. David Viele read a statement that he was disappointed in the staff recommendation regarding • the approval'of this project. He commented that the Town Council, in refusing to approve the Page 6 previous proposal, set a legal precedent. He still vehemently opposed the bulk, mass, and treatment of the setbacks as proposed by the developer. He continued that the application ignored eve ; setback upon the site. The building lacked a respect for pedestrian-level developments There needed to be a clear definition of a public benefit, which should be defined as something Town-owned or regulated, which is provided by the developer. Chas Bernhardt agreed with Ms. Scalpello that the building was very large, but that he found the bulk and mass acceptable for several reasons. He said that the Council had previously declared that this was a special site needing special attention by the Town (because of the desire for a public plaza). Regarding applicable Master Plans, he believed that the project addressed such regulatory content. He stated that there should easily be enough funds to facilitate heating of Village Center Road, therefore, the pavers could continue. Bill Jewitt commented that the judicial (vs. legislative) nature of the Commission should be noticed. He agreed with the assumptions made by Staff, especially the assumption made regarding public benefit. He stated that the provision of a plaza was prompting the bulk and mass upon the rest of the site. There should be some thought of heating the Village Center Road to provide a heated exit from the movie theaters. He felt that the project had improved since last spring. Rollie Kjesbo asked if the height of the proposed Crossroads had been calculated as height is calculated in the rest of Town, to which Warren Campbell responded yes. He felt that the site was appropriate for the amount of bulk and mass proposed. He agreed that Village Center Road should be heated. The DIA should be iron-clad, providing permanence of the public plaza. He asked that thrr additional parking spaces be treated as a public benefit instead of a parking club. The landscaping should remain part of the DIA as well. • George Lamb commented that the SDD process was the best process for reviewing the project. He agreed that the project was better than what had been submitted previously. He agreed with the comments made previously regarding the surplus parking and the DIA. He asked for further clarification regarding the money being set aside for public art. He thought that more attention should be paid regarding the provision of affordable housing. His biggest concern about the project regarded the height of the proposal, particularly the change in the height between the floor plates. He commented that this was not Lionshead and that the floor plate regulation didn't need to conform to those standards. Doug Cahill thanked the public for their input. He stated that it was the Commission's responsibility to evaluate the project based upon the regulations of the underlying zoning. He suggested that the Council and Staff proceed with the amendment to the underlying zoning. He said that he viewed the project as providing a lot of public benefit. He said that the PEC should be able to give the Council specific feedback regarding the content of the DIA. He thanked the Staff for their work and the applicant for his response to requested changes. He commented that the site does need redevelopment. Anne Gunion asked for clarification on the motions voted upon by Town Council. Warren replied that the Council never took action on the proposal other than tabling. It was eventually withdrawn by the applicant without an action of approval or denial. Malcolm Murray added that the application being voted upon today was a new application. • George Lamb asked that the developer if he would be willing to consult Cauncil and AIPP regarding the public art project. Page 7 Warren commented that any proposals for art would be required to be reviewed by the AIPP Board per the DIA which would be approved. Peter Knobel said that the money volunteered for art was going to be a part of the proposal. An art consultant had been hired to make the plaza the best possible space for meeting and energy. George Lamb stated for the record that his vote in opposition to this application was regarding the new floor plate dimension of 11 feet 6 inches. 5. A request for conditional use permits, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code to allow for, a major arcade; a theater, meeting rooms, and convention facilities; multiple- family dwellings and lodges; a private club (parking club); a bowling alley; and the outdoor operation of an accessory uses (ice skating rink) located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0094) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0 1. That the developer operates the yenta! program for the dwellings units in accordance with the pages 18-20 of the Crossroads Redevelopment: Applications for Special Development District. Text Amendment. and Conditional Use Permit document dated December 12, 2005, and the approved Developer Improvement Agreement which will be agreed upon by Town Council and the developer. 2. That the` Planning and Environmental Commission approval of the conditional use • permits become valid upon approval of an ordinance creating Special Development District No. 39, Crossroads, on second reading by Town Council. 3. That the developer operates the parking club in accordance with the page 12 of the Crossroads Redevelopment: Applications for Special Development District, Text Amendment, and Conditional Use Permit document dated December 12, 2005, and the approved Developer Improvement Agreement which will be agreed upon by Town Council and the developer. However, the developer shall not be permitted to individually condominimize the parking spaces to be sold fee-simple. Warren Campbell gave a presentation per the staff memorandum. Dominic Mauriello, representing the applicant, commented that the parking club should be allowed to remain a parking club, which would be part of the funding source for the building. The applicant hoped to sell the parking spaces to finance the project. He added that potentially 103 additional spaces would be freed up within the Town's parking structures. He compared the proposal to that which Vail Resorts accomplished at Lots P3&J. He commented that below grade structured parking was expensive to construct and developers would have no incentive to construct additional parking if it could not be sold. Warren Campbell commented that one stipulation of the P3&J project was that there be concentric rings of offering of the space to property owners in closer vicinity to the project prior to an open offering in order to have the greatest impact on the parking problems of the • neighborhood. Page 8 Bill Jewitt asked that whatever the result of the decision on the CUP for the parking club that his goal was that the parking spaces be used. • Peter Knobel commented that a leased space parking club was currently in place at Crossroads and he was using this to test different programs to maximize usage of the spaces. He said it was his intent to lease the parking spaces and run a managed garage. He stated that it was difficult to accommodate the needs of the residents and the retailers, but that it was the goal within the proposal to open up the spots for other users. It was the intent of the proposal to utilize all of the spaces 365 days per year. He added that banks looking to finance the project looked at the'additional parking and found it hard to finance the project if the economic model did not include the ability to sell the additional parking spaces fee-simple. Bill Jewitt asked that if the spot was sold, how could the developer be assured that it be filled when not in use by the owner? Mr. Knobel guaranteed that it would be a use-by-right scenario, as it would be with a condominium unit. David Viele stated that if each spot was condominiumized, the spots would be more easily transferred. '; Mr. Knobel restated his intent. Rollie Kjesbo stated that he would like to see something similar to what was proposed at the Front Door project. He asked for the best utilization of those parking spots. • George Lamb commented that in Founder's (P3 & J) garage there are many days in which the parking is not utilized even during the high points of the seasons. It was agreed by the Commissioners that a conditional use permit could be granted for a parking garage as long as individual spaces were not transferable. The conditions suggested by staff were modified and an additional condition added. 6. A request for a final review of a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC05-0080) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Withdrawn George Ruther gave a presentation per the staff memorandum. Dominic Mauriello, representing the applicant gave a presentation. He discussed changes which have been made since the last time the Commission saw the application. The Commission generally felt the project had made some improvements. However, several members expressed concern about the apparent bulk and mass regardless of compliance with zoning requirements. For example, the building according to code is 48 feet tall, but assemblage of the bulk and mass gave the appearance is that it is over 70 feet tall. Another concern was the possible loss„ of landscaping located in the ROW if CDOT wanted to remove it. Concern was also expressed about the retaining walls at the rear of the structure. It was suggested by at least Page 9 one member that the eastern end of the structure be completely reworked. Additional cross- sections and elevations are needed to properly evaluate the project. Kevin Dieghan, addressed several concerns he heard. He reiterated that items such as retaining • walls and height comply with code. Mr. Dieghan stated that it may not be as aesthetically pleasing but it does comply. George Ruher recommended withdrawing any further consideration of the current major exterior alteration application as the application lacked proper public notice due to the applicant's desire to rezone the development site. 7. A request fora recommendation to the Vail Town Council to review the Vail Land Use Plan map, pursuant to Chapter VIII, Section 3, Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan area, and setting forth details in regard thereto. (PEC05-0098) Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to February 13, 2006 MOTION: Bernhardt SECOND: Kjesbo VOTE: 7-0-0 8. An appeal of an administrative interpretation, pursuant to Section 12-3-3, Appeals, Vail Town Code, for clarifications to the provisions of Chapter 12-15, Gross Residential Floor Area, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to February 13, 2006 MOTION: Bernhardt SECOND: Kjesbo VOTE: 7-0-0 9. Approval of January 9, 2006 minutes • MOTION: Viele SECOND: Jewitt VOTE: 6-0-1 (Gunion recused) 10. Information Update 11. Adjournment MOTION: Lamb SECOND: Jewitt VOTE: 7-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published January 20, 2006, in the Vail Daily. • Page 10 --- ;~,_ PUBLIC NOTICE THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will old a public hearing in accordance with section 2-3-6, Vail Town Code, on February 13, 2006, at consideration of A request for a final review of a conditional use permit, pursuant to Chapter 12.16, Conditional Uses, to allow for the temporary use of the tennis facility for conferences and conventions, located at Special Development District No. 4, Cascade Vil- lage, Area A, 1300 Westhaven Drive, and setting forth details in regard thereto. (PEC06-0002) Applicant: Vail Cascade Resort and Spa, repre- sented by Don MacLachlan Planner: Matt Gennett A request for final review of an appeal of an admin- istrative action, pursuant to Section t2-3-3, Ap- peals, Vail Town Code, appealing the staff deter- mination of an incomplete development applica- tion, 1146 Sandstone Drive/Lot A7, 81ock A9, Ca- • fr ':r.-x solar Vail, and setting forth details in regard there- to.(PEC05-0096) Applicant: Eric Beringause, represented by Frit- zlen Pierce Architects Planner: Matt Gennett A request for a final review of a variance from Sec- tion 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential garage addition, within the side setback, located at 1673 Matterhorn Circle/Lot 20, Matterhorn Village, and setting forth details in regard thereto. (PECO6-0006) Applicant: Daniel Kondos, represented, by Stuart Brummett Design Studio Planner: Bill Gibson A request for a recommendation to the Vail Town Council of an amendment to the Lionshead Rede- velopment Master Plan, pursuant to Section 2.8, Adoption and Amentlment of the Master Plan, Li- onshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road WesULot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Vil- y H O ~ O ~ ~ ~ O a bA O U .c o ~ ~ `' ~' •~ R' ~ ~ F 0 3 ' a i ~ ~ C ~- ~ a ~ °' ~ .~ ~ ~ ~ U ~ Q ~ O b ~ b ~ O ~ ~ ~ ~ ccl c d ~ ~ ~ W ~ o ~ '~ an ~ a~ O ~ O ~ •s,,, ~ ~, ~ Y b ~~ w N O +~ ~ CL cGd ~ y ~ ~ j ~ ~ ~ ~ •~ ~ ~ ~ ~ v .~ >•, ~ ,~ a 3 ~~a.bo~p ,-, ~r~3¢'o~~ ~ o ~ G~'> a~ nn ~ w ~ z ~.,~,.~ ~ „~ ~.~ , ~o o~o~° >, ° w ~ ~ a ~ ~~ o~ ob ~~ 'b ~ i-a O ~ C ~ e0 ~ ~ . ~'~ o ~ a ~; ~ ' 'L7 ~~.' O ~- w , ~ O N 0.a V w o b a. c:~ .~ .n ~ o x ~ b w w ~ b~~ ~ 3 ~ +~+ ~'~ G~Q ~ ~ cd ,a U . ~ a ~ ~Q~ ~ °aHU E -~ a >/ O .~ O R.. a~ 0 N A d t` N ll.. ti b :~ a o. 3 c b cd w 0 u, .~ .~ r~ .~ U ~o G b N G1 Q N a ti a, 3 b 0 .~ .~ 3 U O >~ c~ 0 loge Filing 2, and several unplatted parcels (a more complete area description is available at the Community Development Departmentj, and setting forth details in regard thereto. (PECO6-0006) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building Gen- eral Partnership Planner: Warren Campbell A request for a final review of a major exterior al- teration, pursuant to Section 12-7J-t2, Major Exte- rior Alterations or Modifications, Vail Town Code, to aNow for the construction of the Timber- line Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details In regard thereto. (PEC05- 0080) Applicant: Timberline Roost Lodge, LLC, repre- sented by Mauriello Planning Group, LLC Planner: George Ruther The applications and information about the propos- aVs are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town ~~ °o N p w b 0 b w O Y ~3 ~_ O .ti O O U 0 W 0 >/ a 0 U a~ w >~ .~ a ~v 0 a~ °~' ~° .~ 0 0 b '~ U ~~:• ~ / r. ~ V i~ J ~ _A ~~ O ,~ tDr ~ ~ ~' oz ti a 0 w O 'C7 0 of Vail Community Development De Please call 970-479-2138 for additions lion. Sign language interpretation is available quest, with 24-hour notification. Please 479-2356, Telephone for the Hearing Iml information. Published January 27, 2006, in the Vail C O O N ~i t,. as 0 z n.a a~ O .~ .~ O U ~^,~_] P ,\~;•~~ , . g~ ; o.: w s : ~ U •,~/ .~ N db~o ...a..~ , ~~ N • N rl • • ... PLANNING AND ENVIRONMENTAL. COMMISSION PUBLIC MEETINO February 13, 2008 PROJECT ORIENTATION -Town Council Cham- bere. PUBLIC WELCOME 1:30 pm MEMBERS PRESENT MEMBERS ABSENT SIN Vielts: DAver: Public Hearing -Town Council Chambers 2:00 pm 1. A request for final review of in ap- peal of an administratwe action, Pursuant to Sec- tion 12-3.3, Appeals, Vail Town Code, appealing 111e sbt0 determination of an incomplete develop• ment application, 1146 Sandstone Drive/I.ot A7, Bbck A9, Casolar Vail, and setting forth detaNS in regard thereto. (PEC05-0096) Applicant: Eric Bedngause, represented by Frit- zlen Pierce Architects Planner: Matt Gannett ACTION: MOTION: SECOND: VOTE: 2. A request for a final review of a condi- Eional use permit, pursuant to Chapter 12-i6, Con- ditional Uses, to allow for the temporary use of the tennis facility for conferences and conventions, located at Special Development District No. 4, Cascade Village. Area A, 1300 Westhaven Drive, and setting Torth details in regard thereto. (PECO6- 0002) Applicant: Vail Cascade Resort and Spa, repre- sented by Don MacLachlan Planner: Matt Gannett ACTION: MOTION: SECOND: VOTE: 3. A request for a recommendation to the Vail Town Council of an amendment to the Li- onshead Rer]~.~:,.~..,ant Master Plan; pursuant to Section 2.8, Adoption and Amendment of the Mas- ter Plan, Lionsheed Redevelopment Master Plan, to amend the Lionshead Study Area Boundades and Chapter 5, Detailed Plan Recommendations, to Include the etudy'West Lionshead" area, generaNy IocaNd at 848, 882, 890, 923, 934, 953, 1000, and 1031 South Frontage Road WesULot 54 and Tred K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels ((a more comppl1ete legal description is aveil- able at the Communiy Development Depertmer~, and setting forth details in regard thereto. (PEC08- 0008) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building Gen- eral Partnership Planner: Warcen Campbell ACTION: MOTION: SECOND: VOTE: 4. A request for a recommendation to the Vail Town Council of an amendment to the Vail Lend Use Plan map, pursuant to Chapter VIII, Section 3, Vail Land Use Plan to designate the Li• onshead Redevelopment Master Plan area, and setting forth details in regard thereto. (PEC05- 0098) Applicant: Town of Vail Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: 5. A request for a final review of a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC05- 0080) Applicant: TimberBne Roost Lodge, LLC, repre- semed by Maudello Planning Group, LLC Planner: George Ruther ACTION: Tabled to February 27, 2008 MOTION: SECOND: VOTE: 6. An appeal of an adminietretivs Inter- pre~ation, pursuant to Section 12-3-3, Appeals, VaN Town Code, for clarNications to the provfsbns oS Chapter 12.15, Gross Residential Floor Araa, Vail Town Code, and setting forth details in regard thereto. ApplicanF. Town of Vail Planner: Bill Gibson ACTION: Withdrawn 7. A request for a final review of a var- iance from Segion 12-6D-6, Setbacks, Vail Town Cale, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential garage addi- tion, within the side setback, located at 1673 Mat- terhorn Circle/Lot 20, Matterhorn Village, and set- ting forth details in regard tnereto. (PE 06-0006) Applicant: Daniel Kondos, represented by Stuart Brummett Design Studio Planner: Bill Gibson ACTION: Withdrawn 8. Approval of January 23, 2006 minutes MOTK)N: SECOND: VOTE: Information Update West Vail Plan -Next Steps 10. Ad ournment MOTION: SECOND: VOTE: The applications and information about the propos- y N W O p ~ ~ N .~ ~ a '~ ~ o alo o u .~ o 0 ~ "i..+ ~ ~ R+ r'~C1 O ,~ O v: '-' U ~ ~' a v N n ° R. ~ :~ ~ y a ~ ~ •i cLd ~ ~ • ~ ~ ~ ~ ~ ~ ~ ~ ~ b ~~°~_ ~ ~~~~ ~ >~ ~ b `° o ~ W b . • ~ W '~ o ~ ~ ~ ~ o ~ ° 'l~\ ~ o "~ O° w ~ N o N ~\ m ~ O cd ~ ~i ~3~ w a~ o A G1 0 ~ ~ ~' ° ~ ~ ~ ~ ~ N ~ U . N , , C O •~a~'~aaoi~o '~ ~ >, ~ o ~, ~~~ -d.~~ ~ o w G ' ~ a o ~ a ~ .~ 4. ~ b u, .a ~ ~~ ~ 'C t~.•y v .~ ~ ~ ° ~ y ~ c. o~ ~ 3 a" o ~ ~ ~ o ~ ~ -o a ' " C/~ ~ Q+'O w cC ~ eC cd ~ ~ ~ ~ Q ~ 3 N .~ > O ~ C/~ ,b .. ~,,,~ G ' N ~ ~ ~ ~ N ,~ ~ s; , ~ c~ o ~ ~ W ~ ~ '" ~ 1 ° 'd ~ °N' ~ Z r.~,~, ~ c ~ ~ ~o oG'o~,° ~, ° , ,~ ~ ~ o ° ° ' ~ ~ ~ O 3 3 o ~ • A ~ ~ ~ ~ A ~ ~ ~ ~ ~ ~ o , ~ V ~ W a ~,. ,~ o w a i ~ c, ~ 'b o U ° 'd a: ^ ~ 3 a~ ~ •~ ~ ,~ ~ o ~ ^~ ° ~' ^ O Fit cd ~ ,.+ ~. ~~ w^~ ec ° - 5 O ~ ~ ,-, ~ 0 v O d ~~ ~ ~~~ ~~ ~ ~ b ~ 3 ~ 0 0 T w 0 ~. als are available for public inspectlor tar office hours et the Town of Yeil G velopment Dspertrttent, 75 Sores F' The public is.mviNd b attend the lion and the site vistta that precede r ing in the Town of Vait Communit Department. Please call {970) 47f tional information. Sign Ian uage interpretation is er 478-2368, Telephone to~r tl~re Heal intormatfon. Community Development Depart Published February 10, 2008, In ~ ~ O N ~ ~ O y z ~ Z •a x O .~ .~ 0 U ~~G ~....... Cb`b .~ J~ ~ -i ICI • F- a• W ~ .U ~' ~ U " Q ., ,-. PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING February 27, 2006 1ClWNOFVAII, . PROJECT ORIENTATION -Town Council Chambers -PUBLIC WELCOME 1:00 pm MEMBERS PRESENT Bill Jewitt Doug Cahill Anne Gunion David Viele Chas Bernhardt MEMBERS ABSENT George Lamb Rollie Kjesbo Site Visits: 1. Timberline Roost Lodge -1783 North Frontage Road Driver: George Public Hearing -Town Council Chambers 2:00 pm 1. A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive, and setting forth details in regard thereto. (PEC06-0009) Applicant: Lloyd Ruth, Javier Velasquez, Peter Baffin, represented by Ann Bishop • Planner: , Warren Campbell ACTION: Approved MOTION. Jewitt SECOND: Viele VOTE: 5-0-0 Warren Campbell gave a presentation per the staff memorandum. The applicant's representative, Ann Bishop, stated she had nothing to add to staff's presentation and memorandum. 2 There was no public comment. The Commission stated that they were supportive of the request as it complied with all criteria. A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat combine two lots into one, Lots 7 and 8, Bighorn Columbine Way, and setting forth details in regard MOTION: Viele SECOND: Jewitt Procedures, Vail Town Code, to Subdivision, located at 4242 East (PEC06-0011) Applicant: Kathryn Benysh Planner: Bill Gibson ACTION: Approved VOTE: 5-0-0 Review Terrace thereto. Warren Campbell gave a presentation per the staff memorandum, he stated the application will result in greater conformity with the Town's regulations. • Ms. Benysh, the applicant, gave a presentation supporting her case for the vacation of the subject property line. Page 1 Alan Packmeyer, a member of the HOA, gave a brief presentation related to several concerns about redevelopment projects being allowed to locate planter boxes within an access easement. • He wanted it to be on the record that future additions and redevelopments within the development will need to be cognoscente of the access issues. i The Commission was in support of the application. 3. A request for a final review of a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC05-0080) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Tabled to March 13, 2006 MOTION: Vide SECOND: Bernhardt VOTE: 5-0-0 George Ruther gave a presentation per the staff memorandum. Dominic Mauriello, representing the applicant, gave a presentation describing the project in detail. Howard Picking, a resident in Hillside condominiums. Concerned with notification process. Suggested that all property owners be notified with certified mailings not just the President of the H.O.A. Does not believe that the project is compatible with the neighborhood and that there are elements of this project being spot zoning. There is an interface problem between the PA-2 zoning and the zoning to the south. • Caryn Carp, resident of Hillside Condominiums submitted photographs of the impact to her unit by the proposed structure. Photos were submitted into the record. Ann Bishop, a resident of Vail, stated that this project is not consistent with the Vail Comprehensive Plan or the neighborhood. Believes the system is broken. Deena Korklen, President of Buffer Creek West Condominiums, stated she never received public notification. Mentioned that at a neighborhood meeting which included the developer the height was represented as not being as tall as it appears in the digital model. Suggested multiple changes to try and bring the project into greater conformance with the neighborhood and the review criteria. Mark Levar, resident of Capstone Townhomes, concerned with the scale and bulk of the structure. Adele Picking, resident of Hillside condominiums, presented how her unit was directly impacted by the proposed structure. Mentioned that she had traveled quite extensively and has not seen any structure in any alpine village which looks like this proposed structure. Concerned that the structure does not respect the site and neighborhood. The project does not comply with criteria #2. Wendy Erb, resident of Hillside Condominiums, stated that it is reasonable to expect that the Roost Lodge was going to be redeveloped, but it is important to set a standard for the new Public . Accommodation - 2 District. One of the tools in reviewing this project is compatibility with the Page 2 neighborhood. This project is not compatible with the neighborhood. She referenced her letter she had submitted. • Greg Bemis, ,resident of Hillside Condominiums, believes the impact of this project is much greater than the site it is located upon. Concerned about visibility and the image it will convey about Vail. Although the project is within the zoning rules it does not make it right. The height methodology is confusing and misleading to the public, boards, and staff. What about the design guidelines. Diane Donovan, resident of Vail, discussed the height regulations of the Town of Vail and the history of the height regulations. Requested that the PEC ask staff to begin the process of bringing forth a clarification of the height regulations to make them more clear. Jim Lamont, representing the Vail Village Homeowner's Association, asked for clarification on the encroachments into the setbacks both above and below grade. Suggested moving the sidewalk as to eliminate the "splash factor" in order to allow for a landscape area between the North Frontage Road and the proposed sidewalk. Discussed the sun/shade analysis and its relationship to the impacts of view. The computer model was not interactive and it should be made to include more perspectives in order to more fully understand the impacts. Noise should not be touted as an improvement unless a study is provided. Concerned about the term of historic grade and its usage as it is not applicable to topic of measuring height. Feels it is more appropriate to deal with what grades are there today. Believes architects and planners are playing a game with the height regulations. Dominic Mauriello, representing the applicant, made some closing comments regarding compatibility of this proposed project and the surrounding properties. Discussed the zoning and • the inherent knowledge that the PA-2 zone district would allow for a larger building. Kevin Dieghan, applicant, discussed how they have done nothing with their structure which is different from how any other recent project has been measured. Bill Dewitt asked for several clarifications regarding the Public Works memorandum and PEC memorandum. Believes the applicant should participate in AIPP condition requirement. Believes that the new impact fee should be applied regardless of what point they are in the process. Concerned with the apparent height of the structure. Believes it was a feeble attempt at get an extra 30 feet in height. Suggested a physical model of the project and surrounding properties would be helpful. Does not believe the proposal fits the character of the neighborhood. Anne Gunion stated that the Code needs to be applied as it is adopted currently. Differentiated between the technical requirements and the more subjective criteria (design guidelines). Does not believe the applicant has used smoke and mirrors but has read the regulations. The regulations should include intent text to help boards understand what the purpose of height, etc. are when they were adopted. Concerned with how the ridge of the building appears long and continuous. Agrees the applicant needs to participate in the AIPP requirement, and increased traffic fee. Most concerned with Criterion 2 as the proposal does have a significant negative impact on su~~-ounding properties. David Viele stated that he was reluctant to vote on the application as the reduced plans were only received prior to the meeting. Does not believe the developer has used smoke and mirrors. David asked a question regarding height as depicted on C-8 (Cross section). Believes the • calculation of height needs to be resolved in terms of achieving the true intent. Page 3 l Chas Bernhardt asked George Ruther to describe the notification process. It was clarified that notification was correctly performed. Chas clarified the change to the PA zone district. Discussed the history of when properties where constructed and zoned which provides for • expectation to redevelopment and size. Property owners are not necessarily entitled to the maximums of a zone district as they must also comply with criteria which address compatibility. Believes that this is the ugliest building that has been proposed in his tenure; in previous meetings he was attempting to be tactful in his comments. Disappointed the plans do not include sun/shade and that the plans were late. Although this parcel has different zoning it must be compatible with surrounding properties. Believes that the traffic impact fee should be that which is in place at the time of building permit issuance. Doug Cahill asked that staff put an item on a future agenda to discuss public notification. Discussed how the intent of the height regulations are not met with the proposed structure. This project has a significant negative effect on neighboring structures in terms of bulk, mass, and height. Believes the applicant shall comply with AIPP requirements. 4. A request for a worksession to review the West Vail Redevelopment Master Plan, pursuant to Chapter VIII, Section 3, Vail Land Use Plan, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Matt Gennett ACTION: Tabled to March 27, 2006 MOTION: Viele SECOND: Jewitt VOTE: 5-0-0 Matt Gennett gave a presentation detailing the specifics of the draft Master Plan in its current, preliminary form. There were several questions regarding traffic circulation and the need for connections to • Chamonix Road. Tom Kassmel, Town Engineer, discussed the advantages of multiple entrances and exits and the reduction in the need for an intersection traffic control, round-about, as the number of access points increased. Several individuals had concerns about the cut- through to Chamonix Road. There was great discussion regarding traffic circulation and what was trying to be accomplished. Regarding architecture Commissioner Gunion suggested that paint not be used to articulate the proposed structures vertically per one of the representative structures in the presentation. Greg Bemis, resident, suggested putting placards up for these types of projects like is done for the Town Picnics. Wendy Urr, resident, is concerned about steep roads leading to Chamonix. 5. A request fora final review of a final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for a resubdivision of Lot 4, Lion's Ridge Filing 2, to create lots 4A and 46, located at 1401 Lion's Ridge Loop, and setting forth details in regard thereto. (PEC06-0007) Applicant: Richard and Jane Hart, represented by Victor Mark Donaldson Architects Planner: Matt Gennett ACTION: Tabled to March 27, 2006 MOTION: Viele SECOND: Jewitt VOTE: 5-0-0 6. Approval of February 13, 2006 minutes MOTION: Viele SECOND: Jewitt VOTE: 5-0-0 • 7. Information Update Page 4 • • L~ 8. Adjournment } MOTION: Viele SECOND: Jewitt VOTE: 5-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published February 24, 2006, in the Vail Daily. Page 5 MEMORANDUM • TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 27, 2006 SUBJECT: A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive, and setting forth details in regard thereto. (PEC06-0009) Applicant: Lloyd Ruth, Javier Velasquez, Peter Battin, represented by Ann Bishop Planner: Warren Campbell I. SUMMARY The applicants, Lloyd Ruth, Javier Velasquez, and Peter Baffin, represented by Ann Bishop, are requesting approval of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared • property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive. The proposed final plat amendment involves reconfiguring the lot line between Lots 4 and 7 to allow for a swap of 928 square feet of property between the two parcels. Staff is recommending approval of this application subject to the findings and criteria outlined in Section VIII of this memorandum. 11. DESCRIPTION OF REQUEST The applicants, Lloyd Ruth, Javier Velasquez, and Peter Baffin, represented by Ann Bishop, are proposing to modify the property line between two existing lots resulting in two new lots. Review of this of the proposed final plat is occurring, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code. The reconfiguration of the shared lot line results in both parcels swapping equal land areas of 928 square feet. The proposal results in the square footage of the proposed lots being identical to that of the square footage of the existing lots. This swap is proposed to allow for the owner of Lot 7 to apply for an addition to the existing house on the parcel in the future and for Lot 4 to protect a view which is important to the owners of Lot 4. A vicinity map is attached depicting the subject property (Attachment A), as is a reduced copy of the proposed, reconfigured plat (Attachment B). • III. BACKGROUND - • Lots 4 and 7, Block 1, Vail Potato Patch, were annexed into the Town by Ordinance 8, Series of 1969, which became effective on August 8, 1969. With the exception of multiple Design Review application for the two lots which included GRFA additions, repaints, window changes, repaints, and siding changes, there has been no significant action since annexation. IV. ROLES OF REVIEWING BOARDS Plannina and Environmental Commission: Action: Pursuant to Section 13-12-3C, Review and Action on Plat, Vail Town Cod, the Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of the final plat. Desian Review Board: Action: The Design Review Board has no 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 Sub-section 13-3-5C, Council May Appeal, Vail Town Code. 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 DOCUMENTS TITLE 13, VAIL TOWN CODE: SUBDIVISION REGULATIONS (partial) 13-2-2 DEFINITIONS EXEMPTION PLAT.• The platting of a portion of land or property that does not fall within the definition of a "subdivision ", as contained in this section. 13-12 EXEMPTION PLAT REVIEW PROCEDURES 13-12-1: PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the planning and environmental commission may grant exemptions from the definition of the term "subdivision" for properties that are determined to fall outside • the purpose, purview and intent of chapters 3 and 4 of this title. This process is intended to allow for the platting of property where no additional parcels are created • and conformance with applicable provisions of this code has been demonstrated. 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption Plats", as defined in section 13-2-2 of this title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required to submit an environmental impact report if required by title 12, chapter 12 of this code. 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: C. Review And Action On Plat: The planning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the planning and environmental commission and the applicant. The criteria for reviewing the plat shall be as contained in section 13-3-4 of this title. VI. SURROUNDING LAND USES AND ZONING Land Use Zonina • North: Open Space Unincorporated Eagle County East: Residential Primary/Secondary District West: Residential Primary/Secondary District South: Residential Primary/Secondary District VII. SITE ANALYSIS The following is an zoning analysis of Lots 4 and 7, which are proposed to be amended by the proposed application. It should be noted that other than lot frontage no zoning statistics are affected as the resulting proposed lots are the same square footage as the proposed new lot configurations. Lot 4, Block 1, Vail Potato Patch Zoning: Primary/Secondary District Land Use Plan Designation: Low Density Residential Current Land Use: Two-Family Duplex Residence Development Standard Allowed Proposed Lot Area: 15,000 sq. ft. 15,995 sq. ft./0.367 acres No Change Dimension: 80'X80' min. exceeds 80'X80', No Change Frontage: 30' min. Lot 4 has frontage on two sides • to Potato Patch Drive both of which exceed 30 feet. GRFA: 46% of the first 10,000 square feet of site area plus 38% of the next 5,000 square feet, plus 13% of the remaining lot area is allowed. A structure measuring approximately 6,629 sq. ft. could be constructed on Lot 4. Access: The access for Lot 4 is currently taken off of a shared drive way with Lot 7 with all appropriate access easements. Lot 7, Block 1, Vail Potato Patch Zoning: Primary/Secondary Land Use Plan Designation: Low Density Residential Current Land Use: Two-Family Duplex Residence Development Standard Allowed Proposed Lot Area: 15,000 sq. ft. 31,561 sq. ft./0.725 acres No Change Dimension: 80'X80' min. exceeds 80'X80' No Change Frontage: 30' min. Lot 7 has 30 feet of frontage on Potato Patch Drive. GRFA: 46% of the first 10,000 square feet of site area plus 38% of the next 5,000 square feet, plus 13% of the next 15,000 square feet, plus 6% of the remaining lot area is allowed. A structure measuring approximately 8,543 sq. ft. could be constructed on Lot 7. Access: The access for Lot 7 is currently taken off of a shared drive way with Lot 4 with all appropriate access easements. VIII. APPLICATION CRITERIA AND FINDINGS The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the proposed subdivision is promoting the health, safety and welfare of the community. The criteria for reviewing an exemption plat shall be as contained in section 13-3-4 of this title which are as follows: (7) The extent to which the proposed subdivision is consistent with al! the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and Staff Response: Staff has reviewed the proposed final plat and found it to be in compliance with all applicable elements of Vail Comprehensive Plan. • • .J 4 • (2) The extent to which the proposed subdivision complies with all of the standards of this Title, as well as, but not limited to, Title 72, Zoning Regulations and other pertinent regulations that the Planning and Environmental Commission deems applicable; and Staff Response: Staff has reviewed the proposed final plat and found that all submittal documents were received and the resulting lots will comply with all applicable portions of the Town of Vail Zoning Code. (3) The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff Response: The proposed final plat modifying the shared property line between Lots 4 and 7 will not negatively affect the workable relationship among land uses as the proposal will maintain the current land uses, low density residential. (4) The extent of the effects on the future development of the surrounding area; and Staff Response: The proposed final plat modifying the shared property line between Lots 4 and 7 will not negatively affect the future development of the surrounding area. • (5) The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Staff Response: The proposed final plat modifying the shared property line between Lots 4 and 7 will not negatively affect the elements identified in the above criterion. (6) The extent to which the utility lines are sized to serve the planned ultimate population of the service area fo avoid future land disruption to upgrade under-sized lines; and Staff Response: The proposed final plat modifying the shared property line between Lots 4 and 7 will not affect the currently level of utility service required in the vicinity. (7) The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Staff Response: Staff believes the proposed final plat to modify the shared property line between Lots 4 and 7 will continue to allow for the orderly growth of the community and serves the interests of the community as the • owner of Lot 4 will be able to preserve a view corridor they value and the owner of Lot 7 will be able to propose an addition to the existing structure which will comply with setbacks and preserve the lower portion of the lot as • undisturbed. (8) The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff Response: Staff does not believe the proposed final plat to modify the shared property line between Lots 4 and 7 will result in any adverse impacts to any of the items listed in the above criterion. (9) Such other factors and criteria as the Commission and/or Council deem applicable to the proposed subdivision. B. Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the Planning and Environmental Commission shall make the following findings with respect to the proposed major subdivision: (1) That the subdivision is in compliance with the criteria listed in Subsection 13-3-4A, Vail Town Code; and (2) That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and • (3) That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the subdivision promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves a final plat pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive, subject to the following conditions: Should the Planning and Environmental Commission choose to approve the final plat, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a final plat, pursuant to Chapter 13-12, Exemption Plat Review • Procedures, Vail Town Code, to allow for a modification to shared property • boundaries, Lots 4 and 7, Block 7, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve the final plat, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: (7) Thaf the subdivision is in compliance with the criteria listed in Sub-section 73-3-4A, Vail Town Code; and (2) That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and (3) That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the subdivision promotes the health, safety, morals, and general welfare of the Town and promotes the • coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. • X. ATTACHMENTS A. Vicinity Map B. Copy of the proposed final plat C. Public Notice L i AMEN FINAL PLAT VAIL/POTATO PATCH A RESIJBDIVISION OF PARCEL 4A, 4B, 4C & PARCEL B, LOT "7, BLOCK 1 `°"" TOWN OF VAIL, EAGLE COUNTY, STATE OF COLORADO ~`~gz.~sRS_-r~9 _. ~~ ~~ aet ~ `~~ r....... O t~ q YCNI?'r mAP i SC<LE' '" - 1000' __ _ _ 'r _ _ 1, o' m' ~ ~o' so' P7nPLaf~tttttttuf~ I SCALE 1'=2J' ` ; I ..MOB--{j - ~~ Ecct a .sv~x) :~ Z // LOT 3 / `'~ ` / c,~ // ~ ~ ~/ / ~ /~ c~ ~ / / LOT 7 PARCEL A wo . w,.'o omtc. a4.c S RR'e1~t9' E = ~n _--'"} 1 ) 5 7919 13" W S ' / E m.[ ~~/ o'Tiw ~° 1 ip ; ~t ~ 1 ,T. >< ~ , 1e.w W~ / J '^ 11 J i ~ -~ J 1tl /~~~~ h I ~ ~~' ~ tJt w~ „aR T~ 1 '\ tai'- -{L ___.-- \ ~~ /~ ° LOT 7 .Nro 9.u ,, /evttws n., PARCEL B ~ ' \ a sw a rc,.ta e.,a omrE D POTATO PATCH DRIVE e s an2'1t' E / / t PARxaLc ~a C IR'~ (50~ RADIUS) zJ S9' / us ` ` ~, ' ' / - _ -/ yGa k ` n p~s2Z0 2R R-50.00' 1 J L'Je.95 r-t9.x~ 0. -P'PARCEL 4-Bc n~r~C PARCEL 4-A ~~ o c tEn-JS.n' BRG~N T]']TM' [ t ~ ~ ~ ~ ~ .o..:c ..,u ca~.~ ~ y ,.ro .aa o 1- e ~ , I / l i fD \ r - !q. ` t` ~ S a5'11'lY E aa0u a avio- W 11.19' N ) \ _ K 1 I2 )0' ~ ~ LOT 5 - _~ arc>ias~,--~~ a . c.cuw,,. LOT 8 ~` ;'..,, NON ~ ry^~ r bJ% 5 %~~,~ _~ p~OE'J5'H' R-199.06' L-30.01' T-15.05' 21}1'}1• C IEN~J0.01' 199.06' 9R0-S 0231'29' W 11.60' f].JJ' EN~TS.Jfi' -S 6]3750' E POt PLO PpTCN DRIVE (40' R O.W.) t>~rt ~y~~ nw ~ net u_A o Aeu, aic~~a ya~p~ n - +r.e e• m u Ml..elee ne a e y. [mn~a unme, ae.oew •a bk Let~1, 9aYpi, vN Pop<o tva<d)e Pq~d B. K + •e..ee.ww ., m eey. c n e.ate~ e~m :n"~oc et a: w.M 4eo.o.r.nt. me Nott ~o. ~oeet~a q.~b oWk b ~°~wae a +rz ~ t.. n+ ems M.t~.m..D.. 10_ e. ue• > mtn. ~_ M ei y term uk e.e%+~ .w.... r : na ..a-_ _- i>!..• n.te n M~._ r• w .tte ~ Rww/ ee .Mr wol~e~. ~.,.ia .~ „o.e~elq Mear9o nil b' 9; ins t (o.d fl wpef ~.lnrw q x ceaa e~ on.~ wa a ,v.w ,.'~ ra e::. as Rb ,- o « m a ~„a.,u. ena i>~oiei e~i 1%iB~iYO»Wi/t/osrtmat~i/ii/m .~r.tse~e°Ypan )pmt a)eow eer bn or a) m e. qm ~a~a~.mmon nvm. r M een.re Mew Lw1a] era 0 ~1' Cs w. 7 m+N M B.svq~ SHEET t Or 1 ' JOB NO. 1391 • ~,~~~,~~ ~ THIS ITEM MAPUBL C NOTIOER PROPERTY NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on,. February 27, 2006, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for a resubdivision of Lot 4, Lion's Ridge Filing 2, to create lots 4A and 4B, located at 1401 Lion's Ridge Loop, and setting forth details in regard thereto. (PEC06-0007) Applicant: Richard and Jane Hart, represented by Victor Mark Donaldson Architects Planner: Matt Gennett A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property ~ 6y boundaries, Lots 4 and 7, Vail Potato Patch Subdivision, located at 800 and 802 Potato ~'I1 ~~ Patch Drive, and setting forth details in regard thereto. (PEC06-0009) Applicant: Lloyd Ruth, Javier Velasquez, Peter Battin, represented by Ann Bishop Planner: Warren Campbell A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat • Review Procedures, Vail Town Code, to combine two lots into one, Lots 7 and 8, Bighorn Terrace Subdivision, located at 4242 East Columbine Way, and setting forth details in regard thereto. (PEC06-0011) Applicant: Kathryn Benysh Planner: r Bill Gibson A request for a worksession to review the West Vail Redevelopment Master Plan, pursuant to Chapter VIII, Section 3, Vail Land Use Plan, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Matt Gennett The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South FrontagekRoad. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published February 10, 2006, in the Vail Daily. Attachment: C 'RESNICK, MARK & TOVA RUTH, LLOYD D., JR KENT & VICTORIA LOGAN 2525 ARAPAHOE 289 676 N MICHIGAN AVE STE 3120 PO BOX 1770 B~LDER, CO 80302 CHICAGO, IL 60611-2848 VAIL, CO 81658 VELASQUEZ, JAVIER-VISTA, BLANCA S.A. PO BOX 464 VAIL, CO 81658 BATTIK, PETER S. 802 POTATO PATCH DR VAIL, CO 81657 FREIN, ANN & JAMES F. RESIDENCE TRUST 798 POTATO PATCH DR VAIL, CO 81657 ROGERS, MARGARET 799 A POTATO PATCH DR VAIL, CO 81657 • ROGERS, MARGARET GARVEY 799 A POTATO PATCH DR VAIL, CO 81657 BOYER, JOCELYN PO BOX 2328 VAIL, CO 81658 C 4 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 27, 2006 SUBJECT: A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to combine two lots into one, Lots 7 and 8, Bighorn Terrace Subdivision, located at 4242 East Columbine Way, and setting forth details in regard thereto. (PEC06-0011) Applicant: Kathryn Benysh Planner: Bill Gibson I. SUMMARY The applicant, Kathryn Benysh, is requesting approval of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for the combination of Lots 7 and 8, Bighorn Terrace Subdivision, into one lot (i.e. Lot 7A). The subject property is located at 4242 East Columbine Way, Units 7 and 8. Staff is recommending approval of this application based upon the review of the criteria • outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Kathryn Benysh, is proposing to combine two existing legally non- conforming lots (i.e. Lots 7 and 8) into a single lot (i.e. Lot 7A). The applicant owns both halves of an existing, legally non-conforming duplex which was originally constructed on two separate lots (i.e. Lots 7 and 8). This proposal will allow the applicant to convert the existing duplex structure into asingle-family dwelling and combine the two existing lots into a single lot. A vicinity map (i.e. Attachment A) the proposed final plat (i.e. Attachment B) have been attached for reference. The Planning and Environmental Commission shall review this request based upon the provisions of Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code. 111. BACKGROUND The Bighorn Terrace Subdivision was originally created under Eagle County jurisdiction in the 1960's and developed with 26 duplex units. This subdivision was annexed into the Town of Vail in 1974 and zoned Medium Density Multiple-Family (MDMF) District. Under the Town's current subdivision regulations, the Bighorn Terrace properties would be platted as one large parcel for zoning purposes and condominiumized for individual ownership purposes. However, when these properties were originally created under Eagle County jurisdiction, each half-duplex was constructed on an individually platted lot. Therefore, the existing lots within the Bighorn Terrace Subdivision is legally non-conforming in regard to the Lot Area and Site Dimensions, Setback, Density Control, Site Coverage, Landscaping and Site Development, and Parking standards of the MDMF District. In 2004, the Planning and Environmental Commission approved a setback variance • to allow the applicant to convert a portion of the first floor living level of Unit 8 into a single-car garage. The applicant is now proposing to combine the two halves of this duplex into asingle-family dwelling. IV. ROLES OF REVIEWING BOARDS Plannina and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of a final plat, in accordance with Sub-section 13-12-3C, Review and Action on Plat, Vail Town Code. Desian Review Board: Action: The Design Review Board has no review authority on a final plat, but must review any accompanying Design Review Board application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the • appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS TITLE 13, SUBDIVISION REGULATIONS (in part) 13-2, DEFINITIONS (in part): EXEMPTION PLAT.• The platting of a portion of land or property that does not fall within the definition of a "subdivision'; as contained in this section. 13-12, EXEMPTION PLAT REVIEW PROCEDURES (in part) 13-12-1: PURPOSE AND I NTENT.• The purpose of this chapter is to establish criteria and an appropriate review process whereby the planning and environmental commission may grant exemptions from the definition of the term "subdivision" for properties that are determined to fall outside the purpose, purview and intent of Chapter 3 and 4 of this title. This process is intended to allow for the platting of property where no additional parcels are created and conformance with applicable provisions of this code has been demonstrated. 2 • 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption Plats'; as defined in Section 13-2-2 of this title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required to submit an environmental impact report if required by Title 12, Chapter 12 of this code. 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIE (in part): C. Review And Action On Plat: The planning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one {21) days of the first public hearing on the exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the planning and environmental commission and the applicant. The criteria for reviewing the plat shall be as contained in Section 13-3-4 of this title. VI. SURROUNDING LAND USES AND ZONING Land Use Zoning. North: Bighorn Road (US Hwy. 6) N/A (CDOT Right-of-Way) East: Two-Family Dwelling Medium Density Multiple-Family District West: Two-Family Dwelling Medium Density Multiple-Family District South: Two-Family Dwelling Medium Density Multiple-Family District • VII. SITE ANALYSIS Address: Existing Legal Descriptions: Proposed Legal Descripton: Zoning: Land Use Plan Designation: Current Land Use: 4242 East Columbine Way, Units 7 and 8 Lot 7 and Lot 8, Bighorn Terrace Subdivision Lot 7A, Bighorn Terrace Subdivision Medium Density Multiple-Family (MDMF) District Medium Density Residential Two-Family Duplex Residence Development Standard Lot Area (min.) Street Frontage (min.) Size and Shape (min.) Allowed 10,000 sq.ft. 30 ft. 80 x 80 ft. square VIII. APPLICATION CRITERIA AND FINDINGS Proposed 3,615 sq.ft. 57 ft. < 57 x 59 ft. square A. Criteria: Pursuant to Section 13-3-4, Commission Review of Application; Criteria, Vail Town Code, the Planning and Environmental Commission shall consider the following criteria with respect to the proposed final plat: (1) The extent to which the proposed subdivision is consistent with all the • applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and Staff Response: The proposed subdivision is more in consistent with the • applicable elements of Vail Comprehensive Plan and the Town's development objectives than the existing non-conforming conditions. (2) The extent to which the proposed subdivision complies with all of the standards of Phis Title, as well as, but not limited to, Title 12, Zoning Regulations and other pertinent regulations that the Planning and Environmental Commission deems applicable; and Staff Response: The proposed subdivision is more in compliance with the applicable portions of the Town of Vail's Subdivision Regulations and Zoning Regulations than the existing non-conforming conditions. (3) The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff Response: The proposed subdivision will continue to be harmonious, convenient, and workable relationship with other properties within the Bighorn Terrace Subdivision. The proposed subdivision is more consistent with the Town's development objectives than the existing non-conforming conditions. (4) The extent of the effects on the future development of the surrounding area; and • Staff Response: There will be no significant negative effects upon the future development of the surrounding area in comparison to the existing conditions. (5) The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Staff Response: As a re-subdivision of an existing improved property, this proposed subdivision will not create inefficiencies in the delivery of public services,_require the duplication or extension of public facilities, or create "leapfrog" development. (6) The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; and Staff Response: As a re-subdivision of an existing improved property, this subdivision will have no additional impact on utility lines and/or service areas in comparison to existing conditions. (7) The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community • as a whole; and • Staff Response: The proposed subdivision is more in compliance with the Town's Subdivision Regulations, Zoning Regulations, and development objects. The proposed subdivision better provides for the growth of an orderly, viable community and better serves the community's interests as a whole in comparison to existing conditions. (8) The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff Response: As a re-subdivision of an existing improved property, this subdivision will have no significant impact on the natural environment. (9) Such other factors and criteria as the Commission and/or Council deem applicable to the proposed subdivision. B. Findings: Pursuant to Section 13-3-4, Commission Review of Application; Criteria, Vail Town Code, the Planning and Environmental Commission shall make the following findings with respect to the proposed final plat: (1) That the subdivision is in compliance with the criteria listed in Subsection 13-3-4A, Vail Town Code; and • (2) That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and (3) That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the subdivision promotes the health, safety, morals, and general welfare of the Town and promotes fhe coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approves the final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to combine two lots into one, Lots 7 and 8, Bighorn Terrace Subdivision, located at 4242 East Columbine Way, Units 7 and 8, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve the final plat, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's • request for a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to combine two lots into one, Lots 7 and 8, Bighorn Terrace Subdivision, located at 4242 East Columbine Way, Units 7 and 8, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve the final plat, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: (1) That the subdivision is in compliance with the criteria listed in Sub-section i3-3-4A, Vail Town Code; and (2) That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and (3) That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the subdivision promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its • natural environment and its established character as a resort and residential community of the highest quality. " X. ATTACHMENTS A. 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CeeNllwr a TexlN pMA a w ae+.ea..e. d,*e..es~•eNi s°i N...ns.~w~Naae.roer..awa n..apr+r .Pre de.eleh d ial.ebh ee.c~.ean N.eYrr wr ~~ e4 OwIK~~MY AD_A_ Tnm>r.. d Ee}e Cevy ern.na aN°eeaere anri°.r Tw Nea ar ree as nm,e Mw. rw d a. r,+...e neeavb. d_ er.d ~,.. e+y_,_ m5'd A~adY d1l doei4Nd H.cglrM _ aa°.,ewmex a. ttnq i..r.e ~ ~,a ! ~i~, ~.ra.. ~ ... w-gas.-we I ~,, w-mi ~ > r • 1 •~ VICINITY M19AP Attachment: C • --' ~. ~~ ~~ THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on February 27, 2006, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for a resubdivision of Lot 4, Lion's Ridge Filing 2, to create lots 4A and 4B, located at 1401 Lion's Ridge Loop, and setting forth details in regard thereto. (PEC06-0007) Applicant: Richard and Jane Hart, represented by Victor Mark Donaldson Architects Planner: Matt Gennett A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive, and setting forth details in regard thereto. (PEC06-0009) Applicant: Lloyd Ruth, Javier Velasquez, Peter Battin, represented by Ann Bishop Planner: Warren Campbell A request for a final review of a final pl Review Procedures, Vail Town Code, Bighorn Terrace Subdivision, located at details in regard thereto. (PEC06-0011) Applicant: Kathryn Benysh Planner: 'r Bill Gibson t, pursuant to Chapter 13-12, Exemption Plat ~ combine two lots into one, Lots 7 and 8, 4242 East Columbine Way, and setting forth A request for a worksession to review the West Vail Redevelopment Master Plan, pursuant to Chapter VIII, Section 3, Vail Land Use Plan, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Matt Gennett The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South FrontagetiRoad. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published February 10, 2006, in the Vail Daily. r~~'4,~• a~91~ v • • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 27, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC06-0012) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther I. SUMMARY The applicant, Timberline Roost Lodge, L.L.C. is requesting a final review of a major exterior alteration application to facilitate the redevelopment of the Roost • Lodge, located at 1783 North Frontage Road. The key elements of the application include: • Demolition of the existing Roost Lodge and the construction of the new Timberline Lodge, • 126 new limited service lodge units, and • 39 dwelling units. The key issues for consideration with regards to the major exterior alteration include: • Compliance with the prescribed development standards, • Complia°nce with the criteria for consideration of a major exterior alteration, • Effect upon the character of the neighborhood, and • Compliance with the Vail Comprehensive Plan. II. DESCRIPTION OF THE REQUEST The applicant, Timberline Roost Lodge, L.L.C., representing by Mauriello Planning Group, L.L.C., has submitted a revised major exterior alteration development review application to the Town of Vail Community Development Department to facilitate the redevelopment of the Roost Lodge, located at 1783 North Frontage Road. The development site of the Timberline Lodge is located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision. According to the stamped 1 topographic survey, the development site occupies approximately 1.988 acres or • 86,597 square feet. The applicant is proposing to construct a new four to six story tall "limited service lodge" comprised of 126 accommodation units, 37 dwelling units, 3 employee housing units and 197 above and below grade parking spaces. The applicant anticipates that the new lodge will be operated by Marriott or another national hotel brand as a "limited service" lodge. As proposed, the accommodation units vary from 463 to 731 square feet while the dwelling units are approximately 850 square feet in size each. The three employee housing units are roughly 460 square feet in size each and configured to provide housing for a total of five employees. As designed, the exterior materials on the lodge are proposed to be a mixture of stone and wood siding with asphalt shingle roofing. Exterior decks and balconies have been added to the building's facade along with a roof ridgeline of varying heights to improve both the vertical and horizontal articulation of the building. According to Section 12 7J-13, of the Vail Town Code, "It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the public accommodation zone district, and that the proposal does not otherwise • have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan." A vicinity map identifying the location of the development site has been attached for reference (Attachment A). A reduced set of plans have been attached for reference (Attachment B). III. BACKGROUND The Roost Lodge was originally constructed in the early 1970's as a motel project. The existing lodge contains 72 hotel rooms, one dwelling unit, and a paved surface parking lot. According to the Town's files, with the exception of minor applications for repainting, new deck rails, reproofing, etc., the Roost Lodge has seen no significant modifications since its original construction. On November 14 and 28, 2005, the applicant appeared before the Planning & Environmental Commission with a request to amend the text of the Public Accommodation zone district to allow accommodation units to include kitchen facilities, as a conditional use in the district. Upon consideration of the request, the Commission directed staff and the applicant to prepare an amendment which would result in the creation of a new zone district purposefully intended to allow accommodation units to include kitchen facilities in certain areas of Town. On December 6, 2005, during the PEC/DRB update to the Vail Town Council, staff informed the Town Council of the recent discussions with the Planning & 2 • Environmental Commission regarding the text amendment and the creation of a new zone district. The Town Council acknowledged that the intent of the proposed text amendment may have merit, however, encouraged the staff and Commission to evaluate other options. For example, the possibility of creating a new conditional use with use specific criteria addressing the relationship of the use to other neighboring uses and development objectives of the Town or the elimination of the prohibition against kitchen facilities in accommodation units. The Town Council expressed that it may be appropriate to re-evaluate the legislative intent of the current land use policy prohibiting kitchen facilities in accommodation units. On December 20, 2005, the Community Development Department presented five possible options for addressing the applicant's desire to construct a lodge containing accommodation units with kitchen facilities. Following discussion of the various options, the Council directed staff to prepare a text amendment to Title 12, Zoning Regulations, proposing the creation of the Public Accommodation-2 (PA-2) district. On January 9, 2006, the Town of Vail Planning & Environmental Commission held a public hearing on a text amendment application creating the Public Accommodation-2 district and a request to rezone Lots 9-12, Buffher Creek Resubdivision to the new PA-2 district. Upon consideration of the application, the Commission voted 6-0-0 to forward a recommendation of approval of the text amendment to the Vail Town Council. . On January 17, 2006, the Vail Town Council held a first reading on Ordinances 2 & 3, Series of 2006, creating the Public Accommodation-2 district and rezoning the Timberline Roost Lodge development site to the new PA-2 district, respectively. Following discussion on each ordinance, the Town Council approved both ordinances on first reading. On January 18, 2006, the Town of Vail Design Review Board held a conceptual review meeting to review the revised major exterior alteration application for the Timberline Roost Lodge. On February 7, 2006, the Vail Town Council approved Ordinances 2 & 3. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Design Review Board, Planning and Environmental Commission, Town Council, and Staff on the various applications submitted on behalf of Vail Resorts Development Company. A. Exterior Alteration/Modification in the Public Accommodation-2 zone district Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development • and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: • Action: The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." 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. 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 DOCUMENTS Vail Land Use Plan According to the Official Land Use Plan for the Town of Vail, the development site has a land use designation of Medium Density Residential. Pursuant to the Vail Land Use Plan, "The Medium Density Residential land use designation includes sites for housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional/public uses such as churches, fire stations, and parks and open space facilities. " • 4 • Title 12. Zonina Reaulations PUBLIC ACCOMMODATION-2 ZONE DISTRICT (in part) CHAPTER 7 Commercial and Business Districts Article J. PUBLIC ACCOMMODATION - 2 (PA-2) DISTRICT 12-7J-1: PURPOSE: The public accommodation -2 district is intended to provide sites for lodges, limited service lodges, and residential accommodations on a short term basis, for visitors and guests, together with such public and semipublic facilities and commercial/retail and related visitor oriented uses as may be appropriately located within the same district and compatible with adjacent land uses. This district is intended to provide for lodging sites located outside the periphery of the Town's Vail Village and Lionshead commercial core areas. The public accommodation - 2 district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the district by establishing appropriate site development standards. Additional nonresidential uses are allowed as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the district. • 12-7J-2: PERMITTED USES: The following uses shall be permitted in the PA-2 district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10°/a) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Limited service lodge, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace.. 12-7J-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA-2 district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast, as further regulated by section 12-14-18 of this title. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the buildings, grounds • and facilities. Public or commercial parking facilities or structures. Public transportation terminals. Public utility and public service uses. Theaters and convention facilities. Type III employee housing units as provided in chapter 13 of this title. 12-7J-4: ACCESSORY USES: The following accessory uses shall be permitted in the PA-2 district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Meeting rooms. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. • 12-7J-6: SETBACKS: In the PA-2 district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). At the discretion of the plannina and environmental commission and/or the desian review board. variations to the setback standards outlined above may be approved during the review of exterior alternations or modifications (section 12-7A-12 of this article) subiect to the applicant demonstrating compliance with the following criteria: A.Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B.Proposed building setbacks will provide adequate availability of light, air and open space. C.Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D.Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. • 6 . 12-7J-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45'). For a sloping roof, the height of buildings shall not exceed forty eight feet (48'). 12-7J-8: DENSITY CONTROL: Up to one hundred fifty (1501 sauare feet of aross residential floor area (GRFA~ may be permitted for each one hundred (100) square feet of buildable site area. Final determination of allowable aross residential floor area shall be made by the planning and environmental commission in accordance with section 12-7J-12 of this article. Specifically. in determining allowable aross residential floor area the planning and environmental commission shall make a finding that proposed Dross residential floor area is in conformance with applicable elements of the Vail Comprehensive Plan. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. For the purposes of calculating density, employee housing units, limited service lodge units, accommodation units and fractional fee club units shall not be counted towards density (dwelling units per acre). A dwelling unit in amultiple-family building may include one or more attached accommodation units. 12-7J-9: SITE COVERAGE: • Site coverage shall not exceed sixty five percent (65%1 of the total site area. Final determination of allowable site coverage shall be made by the planning and environmental commission and/or the design review board in accordance with section 12-7J-12 of this article. Specifically. in determining allowable site coverage the planning and environmental commission and/or the design review board shall make a finding that proposed site coverage is in conformance with applicable elements of the Vail Comprehensive Plan. 12-7J-11: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short term guest loading and drop off shall be permitted in the required front setback subject to the approval of the planning and environmental commission and/or the design review board. 12-7J-12: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the design review board in accordance with chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, limited service lodge units, any • project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and 7 environmental commission as a major exterior alteration in accordance with this • chapter and section 12-3-6 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Work Sessions/Conceptual Review: If requested by either the applicant or the • administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. 4. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. 5. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void three (3) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. 12-7J-13: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the public accommodation zone district, and that the proposal does not otherwise have a significant negative effect on the • character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 8 • 12-7J-14: MITIGATION 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. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitiaation and public amenity improvements shall be balanced with the coals of redevelopment and will be determined by the planning and environmental commission in review of development proiects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. VI. ZONING ANALYSIS Address/Legal Description: 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision Zoning: Public Accommodation-2 (PA-2} District Land Use Designation: Medium Density Residential Development Standard Allowed/Reauired Proposed Lot Area: 10,000 sq. ft. min. 86,597 sq. ft. • Density: 49 Dwelling Units 37 Dwelling Units AU's Unlimited 126 AU's GRFA****: 129,896 sq. ft. 100,240 sq. ft. Building Height: 48 feet 48 feet Site Coverage****: 56,288.23 sq. ft. (65%) 55,243 sq. ft. (64%) Landscape Area: 25,979 sq. ft. (30%) 39,998 sq. ft. (46%) Setbacks****: North: West: East: South: Parking: Loading: Employee Housing: 0'-20' 20' 0'-20' 20' 0'-20' 20' 0'-20' 20' 167 spaces 197 spaces 1 berth 1 berth 3 units (5 beds) 3 units (5 beds) 9 **** Subject to review and approval by the Planning & Environmental • Commission, pursuant to Chapter 7, Commercial and Business Districts, Article J. Public Accommodation - 2 (PA-2) District, Vail Town Code VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Residential Two Family Primary/Secondary Residential South: I-70 ROW N/A East: Residential Two Family Primary/Secondary Residential West: Residential Residential Cluster District VIII. MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12-7J-13, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Public Accommodation - 2 (PA-2) District. According to Section 12-7J-13, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1) Compliance with the purposes of the Public Accommodation zone district; 2) That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and 3) That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. The applicant has provided a written response to each of the above described criteria. A copy of the applicant's written response has been attached for reference (Attachment C). 1) Compliance with the purposes of the Public Accommodation - 2 zone district. Staff Response: The purposes of the Public Accommodation - 2 zone district are stated in Section 12-7J-1, Purpose, Vail Town Code and reiterated in Section V of this memorandum. As stated, the Public Accommodation - 2 zone district is intended to provide sites within the community outside of the periphery of the commercial core areas of the Town of Vail for lodges, limited service lodges, and residential accommodations on a short-term basis, for visitors and guests, together with such public and semipublic facilities and commercial/retail and related visitor oriented uses as may be appropriately located within the same district and compatible with adjacent land uses. Additional nonresidential uses are allowed as conditional uses in the District which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the District. The development standards prescribed for the District were most recently established by Ordinance No. 2, Series of 2006, and intended to provide incentives for development in accordance with the goals and development objectives of the Town of 10 • Vail. In reviewing the proposed Timberline Roost Lodge project for compliance with the expressed purposes of the Public Accommodation - 2 zone district, staff finds that the major exterior alteration application complies with the intent of the zone district and adheres to the development standards prescribed for development with the District. The applicant shall be required, however, to submit a revised set of plans addressing the building height overage of six inches on ridge "U", as depicted on Sheet C-10, Building Height Plan. Staff believes that the proposed major exterior alteration is in compliance with the purposes of the Public Accommodation - 2 zone district as demonstrated by the discussion above. 2) That the proposal does not otherwise have a significant negative effect on the character of the neighborhood. Staff Response: Staff has reviewed the proposed Timberline Roost Lodge project in an attempt to identify any significant negative effects that may be created on the character of the neighborhood as a result of the construction of the hotel project. Staff has identified several significant negative effects that the proposal will have (ie, sun/shade, impacts to views, increased vehicular traffic, loss of landscaping, grading & drainage, etc.) on the • character of the neighborhood. For example, staff believes that the applicant has done a good job of designing a building which complies with the development standards prescribed for development in the Public Accommodation-2 zone district, however, the resulting design has created the need for a significant amount of retaining walls to be constructed on the site. The net result is a building which, unlike other buildings and structures in the neighborhood, requires a significant number of retaining walls to accommodate the new structure. The applicant has prepared a list of "positive/negative impacts of the project" for the Commission's consideration. A copy of the list is contained in Attachment C. Staff believes that the proposed major exterior alteration will not result in any significant negative effects on the character of the neighborhood which outweigh ~ the positive impacts of the project. Additionally, staff believes that the resulting negative impacts of the project have been mitigated by the applicant through various design changes. For example, staff suggests that the applicant should further increase the amount and sizes of the evergreen trees proposed on Sheet L-1 of the plan set to visually buffer the presence of the retaining walls and the new building from the existing adjacent uses. Further, staff suggests that the Planning & Environmental Commission forwards a recommendation to the Design Review Board requesting that special consideration be given to the roof design of the building with special attention given to the amount and location of the rooftop mechanical equipment. 3) That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. 11 Staff Response: • Staff has completed a review of the Vail Comprehensive Plan to determine which elements of the plans are most applicable to this major exterior alteration application. The following paragraphs summarize staff's review. Vail Land Use Plan According to the Vail Land Use Plan Map, the subject development site has a land use designation of "Medium Density Residential". Pursuant to the Plan, the Medium Density Residential land use designation includes sites for housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional/public uses such as churches, fire stations, and parks and open space facilities. Furthermore, staff believes that the following Land Use Plan Goals/Policies, as articulated in Chapter II of the Vail Land Use Plan are applicable to this application 1.1, 1.3, 1.12, 2.1, 2.2, 3.1, 3.2, 3.3, 3.4, 5.3, & 5.5. A copy of the Land Use Plan Goals/Policies has been attached for reference (Attachment D). 4) Other • Staff Response: Pursuant to Section 12-7J-14 of the Zoning Regulations, "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. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopmeni/development projects which produce substantial off site impacts." In keeping with the intent of Section 12-7A-14, Mitigation of Development Impacts, the applicant is proposing to offset the impacts of the proposed development by providing employee housing fora minimum of five employees, placing approximately 365 linear feet of existing overhead power line underground, and constructing a new public transit stop along 12 the North Frontage in front of the new lodge. With the exception of the providing employee housing, the applicant will be required to work with Holy Cross Energy, the Town of Vail, and the Colorado Department of Transportation to underground the overhead utility line and construct the new public transit stop. Staff recommends that the applicant prepares a plan for the incorporation of public art into the proposed development plans for the Timberline Roost Lodge project. Said improvements shall be proposed by the applicant and reviewed for comment and recommendation by the Town of Vail Art in Public Places Board. The recommendation of the Board shall be forwarded to the Town of Vail Planning & Environmental Commission for consideration of incorporating public art into the major exterior alteration application. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, this major exterior alteration, pursuant to Section 12-7J-13, Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VI11 of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose approve, with conditions, this major exterior alteration, the Department of Community Development recommends the Commission passes the following motion: "The Planning and Environmental Commission approves, with conditions, this major exterior alteration, pursuant to Section 12-7J-13, Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto., subject to the following conditions: 1, Approval of this major exterior alteration shall be contingent upon Town of Vail approval of the related design review application. 2. That the applicant submits a development application fo the Town of Vail Community Development Department for review and approval of a minor subdivision vacating the common lot lines between Lots 9, 10, 11 & 12, Resubdivision of Buffher Creek Subdivision; vacating and relocating the existing utility easements (reception no. 98077 & book 265, page 353); creating a new 20 foot wide public pedestrian access; creating a drainage easement along the westerly property line of existing Lot 9; creating a new public right of way easement for Meadow Road at the northern corner of the existing Lof 12, and creating an easement for the Town of Vail bus stop on the North Frontage Road . The applicant shall record the amended final plat with the Eagle County Clerk & Recorder's Office prior to the issuance of a building permit for the construction of the project. 13 3. That the applicant submits three sets of civil engineer drawings for review by the Town of Vail Public Works Department. Said plans shall be approved by the Town of Vail Public Works Department prior to the applicant submitting an application for a building permit for the construction of the project. 4. The applicant shall submit documentation to the Town of Vail Community Development Department demonstrating compliance with the employee housing obligation of a minimum of three deed restricted employee housing units as indicated on the approved development plan, dated February 8, 2006. 5. The applicant shall submit a Design Review application to the Town of Vail Community Development Department for review and approval of the proposed bus stop design. Said application shall be approved prior to the issuance of a building permit for the construction of the project. 6. The applicant shall be required to submit a revised set of plans addressing the building height overage of six inches on ridge "U'; as depicted on Sheet C-10, Building Height Plan, to the Town of Vail Community Development Department verifying compliance with the Section 12-7J-7, Height, of the Vail Town Code, prior to final review of the project by the Town of Vail Design Review Board. 7. That the applicant shall amend Sheet L-1 of the plan set to further increase the amount and sizes of the evergreen trees proposed on the site to visually buffer the presence of the retaining walls and the new building from the existing adjacent uses. The total lineal footage of evergreen trees shall be equal to or greater than 1,200 feet. Said amendment shall be addressed by the applicant prior to final review of the project by the Town of Vail Design Review Board. 8. That the applicant prepares a plan for the incorporation of public art into the proposed development plans for the Timberline Roost Lodge project. Said improvements shall be proposed by the applicant and reviewed for comment and recommendation by the Town of Vail Art in Public Places Board. The recommendation of the Board shall be forwarded to the Town of Vail Planning & Environmental Commission for consideration of incorporating public art into the major exterior alteration application. The requirements for public art shall be met prior fo the issuance of a temporary certificate of occupancy of the project. 9. That the applicant addresses each of the conditions of approval of the major exterior alteration application as identified in the letter to George Ruther, from Tom Kassmel, Town Engineer, dated February 22, 2006. (Attachment E) Should the Planning and Environmental Commission choose to approve this major exterior alteration, the Department of Community Development recommends the Town Commission makes the following findings: 14 "Based upon the review of the criteria outlined in Section Vlll this Staff memorandum to the Planning and Environmental Commission dated February 27, 2006, and the evidence and testimony presented, the Planning and Environmental Commission finds: "That the applicant has proven to the satisfaction of the Commission that the that the proposed exterior alteration is in compliance with the purposes of the Public Accommodation-2 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 elements of the Vail Comprehensive Plan." XI. ATTACHMENTS Attachment A: Vicinity Map Attachment B: Reduced Plan Set Attachment C: Applicant's written response Attachment D: Vail Land Use Plan Goals/Policies Attachment E: Letter to George Ruther from Tom Kassmel, dated February 22, 2006 • • 15 • 16 February 17, 2006 I Mauriello Planning Group Planning and Environmental Commission c/o George Ruther, AICP Chief of Planning Town of Vail 75 South Frontage Road Vail, Colorado 81657 • Re: Timberline Lodge Project Dear George: This letter is intended to address the issues raised by your memorandum to the Planning Environmental Commission dated January 23, 2006. Along with this letter, the applicant has provided revised plans for the Timberline Lodge that address the submittal requirements and the additional comments provided by the Town staff. Please note that the massing model has not been revised as it is generally consistent with the revised project. Below we have addressed the compliance burden and other criteria found in the PA-2 zone district. You will find that the proposed redevelopment project complies with the relevant criteria. Compliance Burden: The proposed Timberline Lodge is in compliance with the purposes of the PA-2 zone district. The site is being developed as a limited service lodge and other residential accommodations in the periphery of the Town outside the Lionshead and Vail Village core areas. The proposed facility is intended to primarily serve visitors to the Town of Vail. The proposed project is in compliance with the development standards of the PA-2 zone district which have been established to provide for adequate light, air, open space, and other amenities commensurate with limited service lodge facilities. The proposed plans therefore provide for adequate light, air, and open space. The table below demonstrates the projects conformance with the standards of the zone district. Development Standard Density: Employee Housing: Hotel Rooms: GRFA: 70/30 split (AU): Building height: Site Coverage: Landscape Area: Parking: Loading: Allowed/Required Proposed 49 units 37 units 5 beds 5 beds Unlimited 126 units 129,896 s.f. 102,229 s.f. 71,560.3 s.f. 71,560 s.f. 48' 48' 56,288 s.f. (65%) 55,243 s.f. (63.7%)* 25,979 s.f. 41,640 s.f. (48%) 167 spaces 197 spaces 1 berth 1 berth Notes: *Underground parking included in site coverage calculation Additionally, the Compliance Burden section states in part that it is the burden of the applicant to show that "the proposal does not otherwise have a significant negative effect on the character of the neighborhood" [emphasis added]. We believe that the proposal has significant positive effects on the character of the neighborhood. We recognize that there will be some actual and perceived negative impacts to individual properties (such as impacts to private views and increased traffic on the North Frontage Road). Below is a list of positive and negative changes to the area that will occur with construction of this project. r~ f.J • 2 Positive Impacts of Project I Negative Impacts of Project Improved aesthetics due Partial change of view to improved architectural quality adjacent neighbors of structure Improved fire and life safety of Increased Traffic on South structure -Reduced Fire Frontage Road Danger to Neighborhood Reduced light pollution and aesthetics due to significant reduction in surface parking Improved aesthetics due to increase in landscaping Noise Reduction from I-70 due to presence of new structure Improved pedestrian access from Meadow Ridge Road with paved walk for use by entire neighborhood ~ i New Bus Stop and Shelter Improved pedestrian accessibility due to new sidewalk on North Frontage Road Improved aesthetics and reduced noise impacts due to relocation of trash dumpster from a location immediately adjacent to the neighboring condominium projects to a covered location away from immediate neighbors Improved aesthetics and reduced noise due to locating loading and delivery directly in front building out of view of neighborhood Improved aesthetics due to the burying of overhead power lines adjacent to the property and to immediate neighbors Increase in additional hotel rooms within the Town of Vail Improved traffic circulation due to new left turn lane Additional shading of Meadow Ridge Road Comments View of highway and North Frontage Road are the primary views impacted Traffic mitigated by new left turn lane. No access off of Meadow Ridge Road proposed. 97~ of parking located underground Road easement and additional snow storage provided to Town Building partially blocks views to and noise from I-70 and Frontage roads Lodging tax will increase from this property due to increase in hotel rooms being provided Improves traffic flow for neighbors traveling on North Frontage Road In addition to the immediate neighborhood, the proposed project is consistent with the scale and nature of development along the North Frontage Road from the main Vail exit of I-70 to the west Vail exit of I-70. From east to west, there are a series of large scale lodging and residential buildings with frontage on the North Frontage Road including: Middle Creek; Sun Vail; Vail Run; Simba Run; Savoy Villas; and Timber Ridge to name a few. Many of these buildings are located in areas with low density residential development. The proposed Timberline Lodge project is consistent with the character of development along the North Frontage Road. We believe list of positive impacts to the character of the neighborhood versus negative impacts shown above clearly demonstrate that not only does the project not have a "significant" negative effect on the neighborhood, that on whole there is a net positive effect on the character of the neighborhood. The project also complies with the relevant elements of the Vail Comprehensive Plan including policies 1.1, 1.3, 1.12, 3.1, 3.3, 3.4, 5.1, 5.3, 5.4, 5.5. The Vail Land Use Plan recognizes the existing zoning on the property as controlling the density and land uses. The project is consistent with the Town's stated goal of increasing hotel beds within the Town. Setbacks: With respect to section 12-7J-6: Setbacks, the proposed plan complies with or exceeds the stated standard of 20' except in two minor locations. On the west end of the building there is a one story exit to the building that encroaches 4' into the 20' setback. On the south east corner of the building there is a small one story corner encroachment of 2' for the entry feature to the parking garage. Neither of these encroachments requires a variance to allow them to occur. The proposed project demonstrates compliance with the following criteria used to evaluate deviations from the 20' setback. The criteria are addressed below: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. • Analysis: 5 The proposed setback deviations still, allow the appropriate separation between buildings. There are no riparian areas or geologically sensitive areas in close proximity to the property. • • 6 B. Proposed building setbacks will provide adequate availability of light, air and open space. Analysis: The proposed encroachments do not detract from the availability of light, air and open space given the limited encroachment being sought. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. Analysis: One of the encroachments is located in an area fronting the North Frontage Road and therefore has no impact upon buildings or uses on adjacent properties. The encroachment of the west side of the building of 4' for one story provides an architectural element to the west elevation of the building and due to landscape cover will be relatively imperceptible to uses on the adjoining parcel. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Analysis: The proposed encroachments allow for creative design solutions to the architecture of the building without arbitrarily following a continuous setback. Density Control (GRFA): With respect to section 12-7J-8: Density Control, the project is being developed well below the standard stated in this section which allows for 150 square feet of GRFA for each 100 square feet of buildable site area. The code allows up to 129,896 sq. ft. (150%). Of this total, only 102,229 sq. ft. is being proposed. There is no additional direction found in the Vail Comprehensive Plan with regard to GRFA and the project therefore complies with the PA-2 zone and is consistent with the Vail Comprehensive Plan. L~ 7 Site Coveraae: With respect to .section 12-7-9: Site Coverage, the project is being developed at a site coverage of 63.7% which is below the stated standard of 65%. Since the site is being developed below the prescribed standard and there is no additional direction found in the Vail Comprehensive Plan, the project is in compliance with PA-2 Zone District and the Vail Comprehensive Plan. If you have any questions, please feel free to call me. Sincerely, ~~ Dominic F. Mauriello, AICP Principal i 8 :... ' CHAPTER II - LAND USE PLAN GOALS/POLICIES - The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were head throughout - the project. A set of initial goals were developed which were then sub- stantially revised after different types of opinions were brought out in r ' the second meeting. The goal statements were developed to reflect a ~. general consensus, once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then ~-• revised through the review process with the Task Force, the Planning and ' Environmental Commission and Town Council and now represent a policy guide- line for the Land Use Plan. These goals are to be used as adopted policy guidelines in the review process for new development proposals. These goal . statements should be used in conjunction with the adapted Land Use Plan .. map, in the evaluation of any development proposal. • i; the goal statements .which are reflected in the design of the proposed Plan i • are as follows. 1. General Growth/Development- - _`-' 1.1 Vail-should continue to grow in a controlled environment, maintaining a balance between residential, cornrnercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. t 1.3 The quality of development should be maintained and upgraded whenever possible ~~ i -- 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of i; the Urban Design Guide Plan. 1.5 Com-nercial strip development of the Palley should be avoided. ~: 1.6 Development proposals on the hillsides should be evaluated on a case - by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley ~• floor. New projects should be carefully controlled and developed with - sensitivity to the environment. ;' 1.7 New subdivisions should not be permitted in high geologic haz?rd ~ areas. 1.8 Recreational and puolic facility development on National Forest lands may be permitted where no high hazards exist if: a) Community objectives are met as articulated in ttie Comprehensive Plan. - b) The parcel is adjacent to the Town boundaries, with good access. c) The affected neighborhood can be involved in the decision-making ;_ ~ process. - 6 ~~ .. , 1.9 National Forest land which is exchanged, sold or otherwise falls intro ~• private ownership should remain as open space and not be zoned Fo private development. 1.10 Development of Town owned lands by the To wn o` Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is far public use. }' 1.11 Town owned lands shall not be sold to a private entity, long term . leased to a private entity or converted to a private use without a -'~ t~ public hearing process. 1.12 Vail should accommodate most o` the ad ditional growth i n existing , developed areas (in~ill areas). ~ • 1.13 Vail recognizes its stream tract as being a desirable land feature as ~. well as its potential for public use. i~ 2. Skier/Tourist Concerns ':i 2.1 The community should emphasize its role as a destina.~ion resort while '~ accommodating day visitors. ~ . i 2.2 The ski area owner, the business community and the Town leaders should ?_ work together closely to make existing facilities and the Town func- tion more efficiently. j. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational and cultural oppar- `- tunnies to encourage summer tourism. 2.5 The community should improve non-skier recreational options to improve ~' year-round tourism. ' ~ 2.6 An addi ti ona] gol f course i s needed. The Town should work with the down valley communities to develop a public golf course as well as other sports facilities to serve the regional demand for recreational facilities. :. 2.7 The Town o` Vail should improve the existing park and open space lands while continuing to purchase open space. 1 ~_ 2.8 Day skier needs for parking and access should be accommodated through creative solutions such as: a) Increase busing From out of town. b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. •_ d) Addition of structured parking. 3. Commercial . 3.1 The hotel bed base should be preserved and used more efficiently. 7 i *~ . ~ 3.2 The Vi}}age and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. • 3.3 Hotels are important to the continued success of the Town of Vail, _ therefore conversion to condominiums should be discouraged. ~ 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. i. r~ i i~ i, ~~ :` :, r r • ) ~. tL i 1 ~_ i_• 3.5 Entertainment oriented businesses and cultural activities should be encouraged in the core areas to create diversity. More night time businesses, on-going events and sanctioned "Street happenings" should .s be encouraged. - 4. Village Core/Lionshead _ 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and.. delivery. _ 4.2 Increased density in the Core areas is acceptable "so long as the existing character or each area is preserved through implementation of the Urban Design Guide Plan and the Vail Pillage Master Plan. 4.3 The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town `eeling, mountains, natural setting, intimate size, cosmopolitan 'eeling, environmental quality.) 4.4 The connection between the Village Core and Lionshead should be enhanced through: a) Installation of a new type o` people mover. b) Improving the pedestrian system with a creatively designed connection, oriented toward a nature walk, alpine garden, and/or soul pture plaza. . c1 New development should be controlled to limit commercial uses. 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through privatz efforts, assisted by limited incentives, provided by the Town of Yail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a ful 1 range o`' housing Hypes. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. 8 -'. 6. Community Services ~~ 6.1 Services should keep pace with increased growth. • 6.2 The Town of Yail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. A number of additional goals were developed as a result of the public meeting input. These goals were related to other elements of the Compre- hensive P1 an such as Parks and Recreation, Transportation and Economic Development. These are included only for informational purposes in Appendix 8. These goals are not considered as a part of the goals adopted in this Land Use Plan. i ;. ~~ ~~ 1 i ,_ 8A • • TOWNOF VAIL ' Department of Public Works & Transportation 1309 Elkhorn Drive Vail, CO 81657 970-479-21 SS Fax.• 970-479-2166 www. vailgov. com MEMO To: George Ruther From: Tom Kassmel, Town Engineer Re: Timberline Roost Lodge Redevelopment PEC Drawing Review Date: 02/22/06 The Town of Vail Public Works Department has received and reviewed the Timberline Roost Lodge Redevelopment PEC revised submittal received 2/08/06. The following are comments that should be addressed prior to final approval. General Comments 1. The turning movements shown for the trash vehicle does not use standard centerline radii. Unless otherwise confirmed a Single Unit vehicle should be used. Please revise plan. 2. The most recent traffic report dated 1/6/05 indicates that left turn lanes are not warranted for this development, Town staff believe that it is in the Town's and developments best interest to have the developer add an auxiliary left turn lane. The current plans reflect that condition however the Traffic Report has not been updated therefore an official traffic impact fee has not been generated. The traffic study suggests a 25% reduction for vehicle trips. This reduction is not supported. A reduction of that magnitude is not offset by the existing intermittent transit service, which has an approximate frequency of 30 minutes. The skier shuttle service should not be considered since it maybe eliminated at any time. Because of its location it can be expected that the primary mode of transportation will be vehicular trips. In the past we have used reductions of 30% for those developments that are in the village core area, due to their proximity to a full transit center, a pedestrian village (restaurants, retail, ski area, activities, etc...), public transit with 5 to 10 minute frequency, and access to a 1300 vehicle parking garage. A reduction of trips on the order of 10% would be more appropriate. An updated traffic • study should be submitted. PEC Conditions of Approval 17 he Town of Vail General Notes shall be added. (Notes can be e-mailed upon • 1. T request) 2. Please add Utility Signature block and have all utilities sign acknowledging acceptance of utility impacts and design. All easements proposed to be abandoned shall be noted and approval from appropriate entities shall be gained. 3. Final Civil drawings shall be approved and meet all Town standards prior to submittal of building permit. Detailed comments will be provided at that time. The approval of Civil drawings may take between 2 to 4 months. 4. Approvals from all impacted property owners shall be obtained. A written letter of consent to the required easements will be required for Civil approval. Recorded easements will be required prior to construction. 5. All construction staging issues shall be resolved prior to construction including staging, phasing, access, schedules, traffic control, emergency access, parking, loading and delivery, etc... 6. A ROW/LTtility permit shall be obtained and approved by the Town of Vail and CDOT prior to commencing any construction within public Right of Way. 7. All improvements within CDOT ROW shall be approved by CDOT including all Frontage Rd improvements and landscaping. This approval will be required prior to Civil plan set approval. This includes a CDOT Access Permit and CDOT notice to proceed. 8. Prior to approval of an Excavation permit a shoring and excavation plan shall be submitted including; excavation phasing, engineered shoring plans with plan, profile and cross sections. Cross Sections and plans shall include all existing conflicts (i.e. utilities). Any shoring within CDOT ROW will require approval from CDOT. Any shoring within the Vail public ROW will require Town of Vail approval and a revocable ROW permit. 9. A Storm Water Discharge CDPHE Permit and all applicable ACOE permits (i.e. Dewatering) shall be submitted prior to construction. 10. Provide engineered stamped final drainage report, pavement design report, geotechnical report, and a finalized traffic study. 11. The developer will be assessed a fee per peak hour additional trip generated. This fee may be offset by specific traffic improvements (i.e. Frontage Rd. traffic improvements). Based on the Town's review of the traffic study it is estimated that the net increase in PM peak hour genertated trips will be ~49 trips. An updated traffic study will be required in order to confirm this. Portions of this fee maybe offset by_traffic improvements made to the S. Frontage Rd. to specifically include Frontage Rd. roadway widening, Frontage Rd. sidewalk improvements, and the construction of a transit stop. 12. Provide Art In Public Places contribution, coordinate with AIPP. 13. The S. Forntage Rd. improvements shown shall include necessary lighting/irrigation/signage. 14. The proposed Bus Shelter should be moved to the Southwest corner of the property and an easement provided. 15. The pedestrian connection between the bus stop and Meadow Ridge Rd. shall be . within a dedicated Public access easement. This can be dedicated in conjunction with the drainage easement in this area, however the 10' proposed drainage 18 • easement should be widened to accommodate the walk plus a 2' buffer and also be named as a general utility, drainage, pedestrian access easement. 16. The continuation of the concrete pedestrian walk from the proposed bus stop to Buffehr Creek Rd should be required, the walk shall be a minimum of 10' wide. 17. Benched walls must comply with the Town of Vail Development Handbook standards and have a minimum bench width of 4', one benched wall at the east end of the property is shown at ~3.5', this should be modified. 18. Parking structure will require asand/oil structure. 19. Show snow storage area should not conflict with landscape vegetation. 20. The Cross slope of all parking spaces shall not exceed 8%. 21. The proposed concrete walk shall include a 2' shoulder. The area just west of the east entrance will require some slight modification to accomplish this. 22. Guardrail and/or safety rail as required will be necessary on all three sides of the parking structure entrance. 23. Building cannot be built over existing easements as shown without those easements being abandoned. This requires approval from all interested utilities and relocation of any existing utilities. 24. An easement should be provided at the Northwest corner of the property to provide for the existing encroachment of the roadway, drainage and snow storage. This shall include the existing asphalt and shoulder area and a S' buffer area for snow storage and guardrail. 2S. The site plan indicates two way traffic within a 16' drive lane. Minimum with for two-way traffic is 22'. Please modify site circulation plan. • 19 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 27, 2006 SUBJECT: A request for a work session to review the West Vail Redevelopment Master Plan, pursuant to Chapter VIII, Section 3, Vail Land Use Plan, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Matt Gennett SUMMARY Staff is requesting a work session with the Planning and Environmental Commission (PEC) to introduce ideas and concepts for a master plan for the West Vail Study Area and Focus Area (Attachment A). The plan is meant to be utilized by the Town of Vail and its residents as a policy guide for the Study Area and as a template for redevelopment in the Focus Area. The entire contiguous space of the Focus Area is presently zoned Commercial Core III (CC3). The details of the CC3 zone district are available for reference in Section VII of this memorandum. Staff would like to receive comments and insights from the Planning and Environmental Commission, and interested citizens of Vail, on how to best proceed with the proposed master planning process outlined in this memorandum to the commission. II. DESCRIPTION OF THE REQUEST The Town of Vail is proposing to amend the Vail Land Use Plan, pursuant to Chapter VIII, Section3, Vail Land Use Plan, to establish a redevelopment master plan for the area of town known as West Vail. The master planning process for West Vail was commenced at the behest of the Vail Town Council in September of 2006. Goals, objectives, and problem statements were created to guide the planning process, and they are outlined in Section IV of this staff memorandum. The chronology of the planning process thus far is detailed in the Background section below. III. BACKGROUND Numerous meetings have been held over the past six months between the Town of Vail, its consultants, and a neighborhood committee representing the interests of the West Vail neighborhood and the rest of Vail's community. During the course of the committee meetings and as a result of the preliminary stages of this master planning process, a number of ideas and development scenarios were developed and • discussed in open dialogue established by these meetings. From this discourse, a basic three-dimensional model, presently called "Alternative 3", was created which depicts the most desirable bulk and mass for the area, with some minimal architectural detail. (Attachment B) On September 26, 2005, upon receiving direction from the Vail Town Council, the Community Development Department held a public hearing to introduce concepts developed for the creation of a redevelopment master plan for the West Vail Commercial Area (Focus Area, Attachment A). The town initiated the planning process as due to indications suggesting the West Vail Commercial Area will be the next part of town to undergo redevelopment. IV On January 31, 2006, the Community Development staff held a public meeting at the Apex Lodge in Vail to solicit feedback from the community on the three alternatives developed and analyzed since the first public meeting in September 2005. GOALS AND OBJECTIVES Several goals and objectives were established during the evolution of the planning process initiated for West Vail and relate to problem statements established to identify the apparent needs in the Study Area, all of which are listed below: Problem Statements: A decline in sales tax revenues over the last four years demonstrates West Vail businesses are losing to down valley competition. 2. There is a lack of architectural and design character in West Vail today. • 3. Current zoning and master plan land use designations are outdated. Goals: 1. Provide a desirable framework for the future redevelopment of properties in the West Vail planning area which respects the adjacent neighborhood; 2. Recapture lost revenues from new down-valley centers; and 3. Establish a more competitive, sustainable community in West Vail while remaining Community Commercial-oriented. Objectives: Develop a traffic and parking control plan which meshes vehicular traffic with pedestrian circulation; 2. Establish an aesthetically pleasing architectural theme to be carried out for the entire planning area; 3. Create an incentive for property owners to build underground, structured parking; 4. Allow for mixed use buildings with retail uses on the first level, residential and • office uses on the floors above; 2 • 5. Ensure redevelopment does not impede views from Chamonix to the south; 6. Provide convenient vehicular access to community retail businesses; and 7. Create a plan which can be effectively implemented in phases. Based upon the aforementioned, and the feedback received at the public meetings on September 26, 2005 and January 31, 2006, the preferred concept has been deemed to be Alternative 3. The advantages of Alternative 3 include the ability to phase redevelopment; the provision of underground, structured parking; improved traffic circulation and parking; establishment of a sense of place; the creation of additional retail frontages; broken- up articulation of bulk and mass; injection of an architectural theme and landscaping; better light and air; and the provision of interspersed green spaces which can accommodate outdoor eating and drinking establishments. With the advantages evidenced in the elements of Alternative 3, the goals related to reinvigorating the West Vail Commercial area and creating an aesthetically pleasing environment with a distinct sense of please can be met. On February 22, 2006, the West Vail Redevelopment Master Plan Committee convened and discussed the merits of Alternative 3 and the details needing further development. During the meeting it was decided that a Bavarian, European • architectural style is not optimal for the Focus Area and a more contemporary, New Urban architectural theme would be preferable in terms of both form and function. West Vail is different from the rest of Vail and should have its own distinct architectural character. V. DISCUSSION ITEMS 1. Traffic circulation using Chamonix Lane 2. Loading and Delivery 3. Parking 4. Architectural Character and Theme 5. Mix of Uses 6. Housing Types VI. APPLICABLE PLANNING DOCUMENTS a. The Town of Vail Land Use Plan (excerpted below) Community Commercial • This area is designed to meet consumer demands from community residents. Primary uses would include supermarkets, dry cleaning establishments, hardware stores, service stations, financial institutions, and medical offices. The design of these facilities would be oriented toward vehicular access and parking. • Under the "Preferred Plan" Land Use Pattern section of the Vail Land Use Plan, the following is stated (p. 36): B. Commercial Uses 4. Community Commercial This new category has been designated for the west Vail commercial area, which is primarily oriented to serve the needs of the permanent resident and the long-term visitor. Because the community expressed the desire to concentrate commercial uses within existing commercial nodes, no new commercial areas have been designated. The CC land use area contains 24 acres or 7 % of the land area. b. Title 12, Zoning Regulations, Vail Town Code (excerpted below) Chapter 7, Commercial and Business Districts ARTICLED. COMMERCIAL CORE 111 (CC3) DISTRICT SECTION: 12-D-1: Permitted Uses The following uses shall be permitted in the commercial core 3 district: Banks and financial institutions, Eating and drinking establishments, including the following: Cocktail lounges, taverns and bars; Coffee shops; Fountain and sandwich shops; Restaurants. Health clubs Personal services and repair shops, including the following: Barbershops; Beauty shops; Business and officer services; Cleaning and laundry pick-up agencies without bulk cleaning or dyeing; Coin-operated or self-service laundries; Shoe repair; Small appliance repair shops, excluding furniture repair; Tailors and dressmakers; Travel and ticket agencies. Professional offices, business offices, and studios Retail stores and establishments without limit as to floor area including the following: Apparel stores; Art supply stores and galleries; Auto parts stores; Bakeries and confectioneries, preparation of products for sale on the premises; Bookstores; • Building materials stores without outdoor storage; Camera stores and photographic 4 studios; Candy stores; Chinaware and glassware stores; Delicatessens and specialty • food stores; Department and general merchandise stores; Drugstores and pharmacies; Florists; Food stores; Furniture stores; Gift stores; Hardware stores; Health food stores; Hobby stores; Household appliance stores; Jewelry stores; Leather goods stores; Liquor stores; Music and record stores; Newsstands and tobacco stores; Photographic studios; Radio and television broadcasting studios; Radio and television stores and repair shops; Sporting goods stores; Stationery stores; Supermarkets; Toy stores; Variety stores; Yardage and dry goods stores. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 72-7D-2: Conditional Uses The following conditional uses shall be permitted in the commercial core 3 district, subject fo issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfast as further regulated by section 12-14-18 of this title. Brew pubs. • Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennel. Drive up facilities. Major arcade. Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. • Public utility and public service uses. Radio and television signal relay transmission facilities. 5 Theaters, meeting rooms, and convention facilities. Transportation businesses. • Type 111 employee housing units (EHU) as provided in chapter 13 of this title. 12-7D-3: Accessory Uses The following accessory uses shall be permitted in the commercial core 3 district.• Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Minor arcade. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7D-4: Lot Area and Site Dimensions The minimum lot or site area shall be twenty five thousand (25, 000) square feef of buildable area, and each site shall have a minimum frontage of one hundred feet (100'). 12-7D-5: Setbacks In the commercial core 3 district, the setback shall be twenty feet (20') on all exterior boundaries of the zone district. 12-7D-6: Height For a flat roof or mansard roof, the height of buildings shall not exceed thirty five feet (35'). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38'). 12-7D-7: Density Control Not more than thirty (30) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed twelve (12) dwelling units per acre of buildable site area. 12-7D-8: Site Coverage Site coverage shall not exceed forty percent (40%) of the total site area. 12-7D-9: Landscaping and Site Development • 6 At least twenty five percent (25%) of the total site shall be landscaped. The minimum • width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. 12-7D-10: Parking and Loading Off-street parking and loading shall be provided in accordance with chanter 10 of this title. No parking or loading area shall be located in any required front setback area. 12-7D-11: Location of Business Activity A. Limitation; Exception: All permitted and conditional uses by sections 72-7D-1 and 72-7D-2 of this article, shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. VII. STAFF RECOMMENDATION • Staff would like to receive comments and insights from the Planning and Environmental Commission (PEC) and interested citizens of Vail on the presentation given by staff. The next steps recommended by staff include drafting a master plan for the West Vail Focus and Study Areas to be presented to the PEC for a recommendation to Town Council; taking it to Council for approval; and proceeding with an amendment of the CC3 zone district to facilitate the obtainment of the goals and objectives outlined in Section III of this memorandum. VIII. ATTACHMENTS A. Vicinity Map B. Site Plan &Three-Dimensional Elevations of Alternative 3 U 7 ':t! 'ti; i~ .{ i i~ it; %'e :f !~ I .i f i ' ' ~ ~~ .~ s ~. ~ t ~ ~ t '~'. f ~ N ,~ t.. I {' f ~r L i, ; , , ! ` , ~ t'. l ~ ~t ' t~ j~~ y t'tt~Y1~'.r ~ ~ ~ Y. ~ s f ~ 1~ y ~ ~ ~\ i ~' ry ~ ~ ~ v7 ; ~ ~ th 1 ~ ~~ ~,~ , 1# , ~ .g i~ .k•,* is ~-~~ f :~ 'r ~ ~ -:' a ~ ~ F ~ ' ~ u~ a ~ ~~ k• Sl t .y t ~ - 3i ~ti r ~; ~ `~ N ~a~.. !~ , ~ . t , r ~ ~ '4 i ~ t ~ 1 ~ • , ~ i ~ qi~ ~ t~ 7 ~ 'A s yl~a a.1 6if'.. / ~ r• it? 1 3 ~ ,. ' ~~ y i .~~~~ ~ ~ w S~ ~. ~~ +. • 1- • -.~?~,. J- W ~t~ ~~ / ~ :, - , ~ `y i .~ ~ ~ -0 `. ; ~ M ~` ~.. .~ ~ •~ 1 ~ ,~y , ~ ~ ~ ~ `` ~.. ~~ _ I 'a'-" r ~~ .ti i ~:.: _~+,~ w ~ ~ r', _ W I' f ~ ~ ~ ~ V ~R _ ` , ~ ~ 1~ ~ v ~ J ~i e • ~ ~~ i ~ Syr '~ i ~~~ Q s cva ~~" __ `~ ,~t.i ,~~~ _~~, +i.l~ .~~ ~ ,tit ~ k ~~. w .:: '. ~ ,p, .~~.~~.. .' ~. ` a PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • February 13, 2006 ?l7Wh'OF YA1b' . PROJECT ORIENTATION -Town Council Chambers. PUBLIC WELCOME 1:30 pm 1. Staff memorandums were discussed with Commission members; no direction given. MEMBERS PRESENT Dave Viele Chas Bernhardt Doug Cahill George Lamb Rollie Kjesbo Bill Jewitt Site Visits: Driver: MEMBERS ABSENT Anne Fehlner-Gunion Public Hearing -Town Council Chambers 2:00 pm 1. A request for final review of an appeal of an administrative action, pursuant to Section 12-3-3, Appeals, Vail Town Code, appealing the staff determination of an incomplete development application, 1146 Sandstone Drive/Lot A7, Block A9, Casolar Vail, and setting forth details in • regard thereto. (PEC05-0096) Applicant: Eric Beringause, represented by Fritzlen Pierce Architects Planner: Matt Gennett ACTION: Upheld Staff Determination MOTION: Jewitt SECOND: Bernhardt VOTE: 5-0-1(Kjesbo recused) Rollie Kjesbo recused himself from the item as he has a conflict of interest. Matt Gennett gave a presentation per the staff memorandum. Bill Pierce, representing the applicant, handed out a document with multiple exhibits and gave a presentation regarding the overall subdivision. On the map presented it was identified that there are several homes constructed on the site and two lots which are platted but not constructed. The applicant stated that the items being requested by staff are too onerous and an invasion of privacy in order to do GRFA calculations for other units. He stated that the Town's legal file clearly identifies that there is no GRFA remaining and Arthur Beringause, father of the applicant, stated that the current residence is small and difficult for his disabled son to maneuver around the home. He would like to make some changes to their existing home in order to make it easier for his son to come to the house. Not asking for pity or empathy or money just the ability to make some minor changes to their existing house. David Vie1e asked several questions regarding the possible re-platting of the property. He personally feels like requesting a resubdivision and asking for any associated variances regarded to have the plat comply with the Residential Cluster zone district. • Page 1 I Matt Gennett, stated that with the minimum lot size and minimum buildable lot area required in the Residential Cluster District it would be difficult to re-subdivide the parcel and have parcels which comply with the zoning. George Lamb believes there is a historic lineage leading to 1690 as the maximum GRFA. With the 225 and 250 having been built it is clear that the unit is over 1690 and the ability to come in for a variance is there. However, a survey of the immediate area will be needed to establish height, site coverage, etc. Bill Jewitt dispussed the desirability of the association providing the survey. He feels a survey is absolutely needed and is torn over whether or not 1690 sq ft of GRFA should be used as the standard. He further suggested doing the survey and determining the allowable GRFA. Then dividing the allowable GRFA by the number of units and that would give the allowable GRFA for each unit. No use of GRFA by one unit would negatively affect another unit. This would require proper notification of all members of the association. The Commission directed staff to go back with the applicant and develop some fair and reasonable options. In general, the Commissioners stated that a topographical survey was necessary. 2. A request for a final review of a conditional use permit, pursuant to Chapter 12-16, Conditional Uses, to allow for the temporary use of the tennis facility for conferences and conventions, located at Special Development District No. 4, Cascade Village, Area A, 1300 Westhaven Drive, and setting forth details in regard thereto. (PEC06-0002) Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan Planner: Matt Gennett ACTION: Approved with condition(s) MOTION: Viele SECOND: Jewitt VOTE: 6-0-0 • Matt Gennett gave a presentation per the staff memorandum. The applicant was not present. Jim Lamont, representing the Vail Village Homeowners Association, asked about what could be done if parking became a problem. He also asked about how the traffic impact fee is assessed to a project which gets a yearly CUP to increase the number of trips. The Commissioners supported approval of the conditional use permit with the condition specified in the staff memorandum. 3. A request for a recommendation to the Vail Town Council of an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership Planner: Warren Campbell ACTION: Taf~led to March 13, 2006 MOTION: Lahtb SECOND: Bernhardt VOTE: 5-0-1 (Viele recused) • Dave Viele recused himself from the item as he is one of the applicants. Page 2 Warren Campbell gave a presentation per the memorandum. • Jay Petersen, representing the applicant, gave some opening comments regarding the reason that an amendment to the Master Plan is being proposed. Bob Fitzgerald and Lou Bieker, representing the applicant, gave a power point presentation which visually depicted three scenarios for redevelopment. Jim Lamont, representing the Vail Village Homeowners Association, discussed the Simba Run interchange and why it is critical and why the location is where it is along the Frontage Roads. He continued, by asking if the West Lionshead area would be included in the existing Lionshead TIF district in° order to apply the funds collected to the Simba Run interchange. He stressed the importance of taking advantage of any potential future access to the mountain by snowcats. Some land use suggestions were that night clubs would be a good use for this new area as it could be designed to eliminate conflict between residential and louder entertainment clubs. He continued by stating that there will be a need to create enough vitality to make the portal active and lively. Having transportation center elements on the site would be beneficial. An analysis would be desired to show how it addresses the current traffic and circulation issues. The Commission supported the realignment of the Frontage Road and subterranean parking. The status of the progress on working with Glen Lyon regarding Tract K was a topic of discussion. The Commission supported making Red Sandstone Creek an attractive feature in any redevelopment. The opportunity here is exciting and the possibility of creating an exciting new place is a reality. Mass transportation between structures important, such as an express bus. Discussed scale, bulk, and mass needing to step down as you go south and west. • Bill Jewitt discussed employee housing and that a better option than building on-site would be to contribute some funds to Timber Ridge. Need to examine spring and summer options for utilizing the parking during the off-seasons, suggested a busing system. Discussed concerns about the retail area and mix for this proposed new portal. More time needs to be spent on studying retail. 4. A request fora recommendation to the Vail Town Council of an amendment to the Vail Land Use Plan map, pursuant to Section 8-3, Vail Land Use Plan, to designate the Lionshead Redevelopment Master Plan area, and setting forth details in regard thereto. (PEC05-0098) Applicant: Town of Vail Planner: Warren Campbell ACTION: Recommendation of approval MOTION: Viele SECOND: Kjesbo VOTE: 6-0-0 Warren Campbell gave a presentation per the staff memorandum. There was no public comment. The Commission was supportive of the application. 5. A request for a final review of a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, • and setting forth details in regard thereto. (PEC05-0080} Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Tabled to February 27, 2006 Page 3 1 MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 6. An appeal of an administrative interpretation, pursuant to Section 12-3-3, Appeals, Vail Town Code, for clarifications to the provisions of Chapter 12-15, Gross Residential Floor Area, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson ACTION: Withdrawn 7. A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vai! Town Code, to allow for a residential garage addition, within the side setback, located at 1673 Matterhorn Circle/Lot 20, Matterhorn Village, and setting forth details in regard thereto. (PEC06-0006) Applicant: Daniel Kondos, represented by Stuart Brummett Design Studio Planner: Bill Gibson ACTION: Withdrawn 8. Approval of January 23, 2006 minutes MOTION: Jewitt SECOND: Kjesbo VOTE: 6-0-0 9. Information Update • West Vail Plan -Next Steps 10. Adjournment MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 • The applications and information about the proposals are available for public inspection during regular • office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published February 10, 2006, in the Vail Daily. • Page 4 • 1532 • PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I. Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has Published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated February 10 A.D. 2006 and that the last publication of said notice was in the issue of said newspaper dated February 10 A.D. 2006. r In witness whereof has here unto set my hand this 15`" day February 2006. ~ , ,x ~i /,~~ Pub ~ sh l~ener ~Ial~ager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 15`" day of February 2006. ,r FAY p ~ k Z ~ '` PANIELA.1• ~; °, SCHU1-T~ ~~ (~n !~'1 5 ~T' Cil.~ ~ 0. • February 10, 2006 -Page ;~ ~~~ . ~:. - dures, Vail Town Code, to allow far a mod to shared property boundaries, Lots 4 and Potato Patcri Stdvision, fodafed in 80Q a Potato Patch Drive, and setting forth detail gartl thereto. (PECO6.0009) Applicant: Lloyd Ruth, Javier Velasquez Baton, represemed by Ann Bishop Planner. Warren Campbell i A request for a final review of a final plat, pt to Chapter 13-12, Exemption Plat Review dures, Varl Tawn Code, to combine two k one, Lots 7 and 8, 8ighom Terrace.Stftdivis sated at 4242 East Cdumbine Way, and forth details in regard thereto. (PECOCr0011) Applicant: Kathryn Bertysh Planner: Bill Gibson THIS ITEM MAY AFFECT YOUR PRa+rcr~r r PuBtac Kt~nce NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vai{ wilt hold a public hearing in accordance with section 12-3-6, Vail Town Code, on February 27, 20116, at. 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a final plat, pursuant to Chapter t3-4, Minor Subdivision, Vait Town Code, to allow for a resubdivision of Lot 4, Lion's Ridge Filing 2, to create lots 4A and 46, located at 1401 Lion's Ridge Loop, and setting forth details in regard thereto. (PEC06-0007) Applicant: Richard and Jane Hart, represented by Victor Mark Donaldson Architects Planner: Matt Gennett A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Proce- -- Isamela Joan c ltz No Public lV1y Commission expires: November 1, 2007 A request for a worksession to review the Vail Redevelopment Master Plan, pursu< Chapter VHI, Section 3, Vail Land Use Plai setting forth details in regard thereto. Applicant: Town of Vail Planner: Matt Gennett The applications and information about the pi als are available for public inspection during hours ai the Town of Vail Community Develoi Department, 75 South Frontage Road. The is invited to attend project orientation and tY visds that precede the public headng in the of Vail Community Development Depar Please call 970-479-2138 for additional in! lion. Sign language interpretation is available up quest, with 24-hour notification: Please cal 479-2356, Telephone for the Hearing Impav~ information. Published February tQ 2006, in the Vail Daisy • 1544 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has Published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated February 24 A.D. 2006 and that the last publication of said notice was in the issue of said newspaper dated February 24 A.D. 2006. In witness whereof has here unto set my hand this 24th`" day February 200 ; `~~ Jl~ ,1 ,t Plt~l' er/G~ter+anager/Editor Subscribed and sworn to before me, a notary public in and for the~(C//ounty of Eagle, State of Colorado this 24111 day of February 2006. ,`P¢~(' P UB~~C' a •. s • • • ~~ ~,, a PSGH ~-tZ :. ~~ ~~~•OF G~ _ _ ~-_- ~, ,. _ _ ~~ . mela Joan Schultz Notary Public My Commission expires: November 1, 2007 PLANNING AND ENVIR AL COMMISION PUBLIC MEETING February 27, 2006 ~ PROJECT ORIENTATION -Town Council Cham- bers -PUBLIC WELCOME 1:00 pm MEMBERS PRESENT MEMBERS ABSENT George Lamb Rollie Kjesbo site visits: 1. Timberline Roost Lodge - 1783 North Frontage Road Driver: George i Public Hearing -Town Council Chambers 2:00 pm 1. A request for a final review of a Onal ' plat, pursuant to Chapter 13-12, F~cemptton Plat Review Procedures, Vad Town Code, to alkwv fora modffication to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, lo- cated at 800 and 802 Potato Patch Drive, and set- ting forth details in regard thereto. (PECO6-0009) Applicant Lbyd Ruth, Jawer Ve- lasquez, Peter Batten, represented by Ann Bishop Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE; 2. A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Cotle, to combine two bts into one, Lots 7 and 8, Bighorn Terrace Subdivision, located at 4242 East Columbine Way, and setting forth details in regard thereto. (PECO6-0011) Applicant: Kathryn Benysh Planner: Bill Gibson ` ACTION: MOTION; SECOND: VOTE: 3. A request for a final review of a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Alterations or Motlifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-f 2, 8uffehr Creek Subdivision, and setting forth details in regard thereto. (PEC05- 0p80) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: MOTION: SECOND: VOTE: 4. A request for a worksession to review the West Vail Redevelopment Master Plan, pur- suant to Chapter VIII, Section 3, Vail Land Use Plan, and setting forth details in regard there- to. Applicant: Town of Vail Planner: Matt Gennett ACTION: MOTION: SECOND: VOTE: 5. A request for a final review of a final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for a resubdivision of Lot 4, Lion's Ridge Filing 2, [o create lots 4A and 46, located at 1401 Lion's Ridge Loop, and setting forth defaUs in regard thereto. (PECO6.0007) Applicant: Richard and Jane Hart, represented by Victor Mark Donaldson Architects Planner: Matt Gannett ACTION: Tabled to March 27, 2006 MOTION: SECOND: VOTE: 6. Approval of February 13, 2006 mi- nutes MOTION: SECOND: VOTE: Information Update • • . : „~: The applications and information atwut the propos- als are availade for pudic i..,,"~.,;;orr during regu- lar office hours at the Town of Vail Communiiy De- vebpment Department, 75 South Frontage Road. The pudic is irnited to attend the project orienta- tion and the site visits that precede the pudic hear- ing in the Town of Vail Community Davelopmem Department. Please call (970) 479-2138 for addi- tional information. Sign language interpretation is availade upon re- 479-2356, Tel-hour notificafion. Please call (970) ephone for the Hearing Impaired, for information. Community Development Department Published February 24, 2008, in the Vat! Daily. (32511174) • it • C] • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ,~ March 13, 2006 T'OWN~'VR)L " PROJECT ORIENTATION -Town Council Chambers -PUBLIC WELCOME MEMBERS PRESENT Anne Gunion Doug Cahill George Lamb Rollie Kjesbo Bill Jewitt Chas Bernhardt Site Visits: There were no site visits Driver: George Public Hearing -Town Council Chambers 12:00 pm 2:00 pm A request for a recommendation to the Vail Town Council of an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership Planner: Warren Campbell ACTION: Tabled to March 27, 2006 MOTION: Jewitt SECOND: Lamb VOTE: 6-0-0 Elisabeth Eckel gave a presentation introducing the goals of the work session. Jay Petersen, representing Vail Resorts, summarized what he wanted to accomplish at this work session. He began by stating that everyone has agreed that a ski lift would be appropriate for this location. Now it is time to figure out the details of implementing the proposed ski lift. Ideas such as the relocation of the South Frontage Road and incorporation of a parking structure, housing, traffic circulation, etc. are all important aspects of the proposal. Through this amendment he hopes to lay out a road map for future development, not establish a development plan. Believes this ski lift would not bring a greater number of skiers to Town but it would disperse them differently over the four portals. Mr. Petersen summarized that the PEC, from the February 13, 2006, meeting generally felt it was beneficial to relocate the entire length of the South Frontage Road, maintain and enhance Red Sandstone Creek, include employee housing (the impact of Timber Ridge redevelopment was discussed), the Simba Run underpass should not be precluded form happening, elements of transit and traffic circulation were identified as needing to be addressed, a management plan for the public parking facility (whether owned by VR or Town, what is usage of structure in the summer), retail and office should have no net loss MEMBERS ABSENT David Viele Page 1 1 but more needs to be studied regarding the success of more retail in this area (study connection to Lionshead core and retail success in the summer). He concluded by turning the presentation over to Tom Braun. Tom Braun, representing Vail Resorts, discussed how he went about looking at the proposed text amendments to the Lionshead Redevelopment Master Plan. He proceeded by going through each of the ten goals identified by the West Lionshead Committee and how these goals are addressed in the text amendments that would be proposed. Jim Lamont, representing the WHA, believes that skier drop-off needs to be addressed and some genera( language regarding the system-wide need for skier drop-off. He continued by stating his desire to see a night club/bar component of the retail which would be proposed. Discussed building massing and the need to eliminate the historic grade for calculating building height. Discussed the summer/winter confusion and the need to balance the seasons in terms of economic production. Residential should balance with the office/retail proposed to help this be a economically viable in all seasons. Discussed the "link" needed between the Lionshead Core and the potential new retail established in West Lionshead. The need for integrating "locals" housing into this area to provide the critical mass of people to create activity and economic vitality. The Commission generally discussed concern that the term employee housing had been stricken. Suggested there may be a way to intersperse employee housing through out the project. Employee housing could be free market deed restricted units, rental units etc. Discussed whether or not the Timber Ridge redevelopment should be mentioned in the Master Plan and the strong need for the Simba Run underpass. There is a need to get more clarity on the size of the parking structure in terms of number of parking spaces. The Commission wanted to explore the feasibility of an express bus which only stops at the major portals. Agreed with Jim Lamont that there needs to be a viable skier drop-off. The Town Staff needs to get specifics on the transit component. Still a concern about the retail mix and its viability when most of the project will possibly be condominiums. Some members believe that including a large number of employee housing units in a ski-in ski-out project is difficult. Mentioned that a pay in-lieu program would be beneficial. Discussed how the buildings would be taller along the South Frontage Road and scale/step down to the Gore Creek. Mentioned that this might be the last opportunity to break up ski schools so one location like Golden Peak is not overwhelmed by the traffic. 2. A request for a final review of a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC05-0080) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ru~ther ACTION: TabVed to 1~.pril 10, 200G MOTION: Lamb SECOND: Jewitt VOTE: 6-0-0 3. Approval of February 27, 2006 minutes MOTION: Jewitt SECOND: BernPoardt 4. Information Upcta~:e Conference CEr~ter Furd Reallocation VOTE: 5-0-1 (Kjesbo obstained) • U • Page 2 ,~ The Commission asked that a presentation be provided on the method of calculating height so a discussion can occur to resolve whether or not it is accomplishing what the Town wants. Also • asked for a report on the traffic issues at the Golden Peak. 5. Adjournment MOTION: Kjrrsi'~o SECOND: Jewitt VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published March 10, 2006, in the Vail Daily. • n U Page 3 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 13, 2006 SUBJECT: A request for a worksession to discuss proposed amendments to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries and Chapter 4, Master Plan Recommendations, and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership Planner: Warren Campbell/Elisabeth Eckel • I. SUMMARY The applicants, Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership, are requesting a worksession with the Planning and Environmental Commission to discuss proposed amendments to the Lionshead Redevelopment Master Plan. The proposed amendments involve changing the boundary of the study area of the Plan to include the multiple parcels to the west of the existing study area commonly known as "West Lionshead", generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels. An additional purpose of the amendment is to adopt detailed plan recommendations for the properties within Chapter 4, Master Plan Recommendations, and Chapter 5, Detailed Plan Recommendations of the Plan. The purpose of the amendments is NOT to amend or otherwise alter the overall goals, objectives and policies stated in the Master Plan. This amendment is being proposed and shall be considered in accordance with Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan. • The Commission is being asked to use the worksession format to provide the applicant with feedback regarding the proposed amendments to the Lionshead Redevelopment Master Plan. Staff and the applicants would request that the . feedback be as specific as possible in order to most efficiently guide the amendment process in the future. II. DESCRIPTION OF THE REQUEST The applicants, Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership, are requesting a worksession with the Town of Vail Planning & Environmental Commission to discuss amendments to the Lionshead Redevelopment Master Plan. The proposed amendments involve changing the boundaries of the study area of the Plan to include the multiple parcels to the west of the existing study area commonly known as "West Lionshead", generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels. Illustrations of the areas to be added to the Lionshead Redevelopment Master Plan study boundary, "West Lionshead" (Attachment A) have been attached for reference. In addition to amending the study area boundary to in include "West Lionshead" there are proposed amendments to the Plan within Chapter 4, Master Plan Recommendations, and Chapter 5, Detailed Plan Recommendations, which include more detailed recommendations for the subject parcels. The proposed amendments to the text are included in Section V of this memorandum, below. The proposed amendments have been prompted by the following changing • conditions within the West Lionshead area. Vail Resorts has recently purchased three parcels of land which has created opportunities for development and which should be included within the Plan but were not originally considered during the preparation of the Lionshead Redevelopment Master Plan. The primary proposal under consideration is the addition of a new portal to Vail Mountain from West Lionshead via a new gondola. Secondly, the owners of the Glen Lyon Office Building have expressed an interest in adding their parcel of land to the Lionshead Redevelopment Master Plan study area. Finally, the Town has identified several additional parcels of land which should be incorporated into the Plan in the process. Several of the parcels included in the "West Lionshead" area are currently within the existing study area boundary. Those properties include Vail Resort's Maintenance site, the Holy Cross site, the Eagle River Water and Sanitation District site, and the BP/Amoco gas station site. The properties not currently included in the existing study area are the Vail Professional Building site, the Cascade Crossing site, the Glen Lyon Office Building site, a portion of the stream tract and two Town-owned unplatted parcels located to the south of Gore Creek and Tract K of the Glen Lyon Subdivision. The purpose of the proposed amendments is to include the referenced "West Lionshead" area into the study area prescribed by the Lionshead Redevelopment Master Plan and to adopt detail plan recommendations for the properties. The purpose of the amendments is. NOT to amend or otherwise alter the overall goals, objectives and policies stated in the Master Plan. • 2 • Ill. BACKGROUND On June 4, 1996, the Vail Town Council approved a request from Vail Associates to enter into a joint study and evaluation of the feasibility of a public/private partnership for the redevelopment of Lionshead, and thus initiated the creation of the Lionshead Redevelopment Master Plan. One of the first steps in the creation of the Master Plan was to evaluate and identify the boundaries of the area to be included in the Plan. The boundaries of the Plan were identified as Middle Creek on the east, the north side of the South Frontage Road right of way on the north, Red Sandstone Creek on the west, and the northerly edge of Forest Road on the south (with the exception of the residential development on Beaver Dam Circle and West Forest Road). On December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan. A primary goal of the Master Plan was to establish a new zone district which would further the goals, policies and objectives outlined in the Master Plan. During the month of July, 2005, Vail Resorts Development Company (VRDC) submitted an application to redevelop the West Day Lot with the Ritz Carlton Residences. In conjunction with that application there was a proposal to potentially locate a ski lift adjacent to the new structure. The Town recognized the potential impact of a new ski lift on the Town, the surrounding neighborhood, and the Lionshead Redevelopment Master Plan, and entered into discussions • with the VRDC to remove the proposed ski lift from the Ritz Carlton Residences proposal for the time being. It was agreed that the appropriate method to review a potential new ski lift in the area was to examine an amendment to the Lionshead Redevelopment Master Plan. It was also agreed that there was potential for incorporating several new parcels recently purchase by Vail Resorts into the Master Plan study area at the time of an amendment to the Plan. On November 10, 2005, the committee held its first of many meetings to examine an amendment to the Lionshead Redevelopment Master Plan to incorporate the area to be known as "West Lionshead". Members of the committee include(d) representatives of Vail Resorts, Eagle River Water and Sanitation District, the Glen Lyon Office Building, The Town of Vail, and several community members. On January 16, 2006, Vail Resorts Development Company, the Town of Vail, and the Glen Lyon Office Building General Partnership submitted an application to the Town of Vail Community Development Department proposing an amendment to the boundaries of the Lionshead Redevelopment Master Plan Study Area to include the "West Lionshead" area. On January 26, 2006, an open house was held as an opportunity for the community as a whole to discuss the proposal. Approximately fifty individuals discussed the potential problems and merits of the initial concept for the "West Lionshead" area. In general, the individuals in attendance were supportive of the inclusion of the "West Lionshead" area into the study boundaries. Concerns • were primarily focused on the possible negative impact of creating a new portal to the mountain and the impact of new retail and office spaces to the existing Vail Village and Lionshead cores. 3 On February 13, 2006, the Planning and Environmental Commission held a work • session regarding the proposed scenarios that would necessitate an amendment to the Lionshead Redevelopment Master Plan. At that meeting a presentation was given regarding the changed conditions in the area and some proposed scenarios for relocating the South Frontage Road West and redeveloping the parcels included for inclusion in the Lionshead Redevelopment Master Plan. No proposed text amendments were presented at this hearing. On March 2, 2006, the applicants met with the Lionshead Redevelopment Master Plan amendment committee and discussed the proposed text amendments with the group. The comments received at this meeting were incorporated into the proposed text found in Section V of this memorandum. IV. ROLES OF THE REVIEWING BOARDS Lionshead Redeveloament Master Plan Amendments Planning and Environmental Commission: Action: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Lionshead Redevelopment Master Plan and other applicable master plan • documents. Design Review Board: Action: The Design Review Board has no review authority on Lionshead Redevelopment Master Plan amendments. Statf.~ The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Lionshead Redevelopment Master Plan and other applicable master plan documents. Staff provides a staff memo containing background an 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 approval/denial of a Lionshead Redevelopment Master Plan amendment. The Town Council shall review and approve the proposal based on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Lionshead Redevelopment Master Plan and other applicable master plan documents. • 4 • V. APPLICABLE PLANNING DOCUMENTS Lionshead Redevelopment Master Plan (in part) See Attachment B. VI. LAND USE ANALYSIS Parcel C] Vail Resorts Maintenance Facility Holy Cross Site Existing Potential New Existing Potential New Zoning Zoning Land Use Land Use Designation Designation Lionshead Lionshead Mixed Use-2 Mixed Use-2 Lionshead Lionshead Mixed Use-2 Mixed Use-2 Community Lionshead Office Redevelopment Master Ptan Community Lionshead Office Redevelopment Master Plan Community Lionshead Office Redevelopment Master Plan Community Lionshead Office Redevelopment Master Plan Community Lionshead Office Redevelopment Master Plan Community Lionshead Office Redevelopment Master Plan Community Lionshead Office Redevelopment Master Plan Lionshead Open Space Redevelopment Master Plan Lionshead Open Space Redevelopment Master Plan Lionshead Open Space Redevelopment Master Plan BP/Amoco Gas Lionshead Lionshead Satation Mixed Use-2 Mixed Use-2 Eagle River Genral Use or Water and General Use Lionshead Sanitation District Mixed Use-2 Vail Professional Arterial Lionshead Building Business Mixed Use-2 Cascade Arterial Lionshead Crossing Business Mixed Use-2 Glen Lyon Office Special Lionshead Building Development Mixed Use-2 District No. 4 Glen Tract K Special Special , Lyon Subdivision Development Development District No. 4 District No. 4 Outdoor Outdoor Town Owned Recreation Recreation Unplatted Parcels and Natural and Natural Area Area Preservation Preservation Natural Area Natural Area Stream Tract Preservation Preservation Status Regarding Master Plan Currently In Study Boundary Currently In Study Boundary Currently In Study Boundary Currently In Study Boundary Proposed For Inclusion Proposed For Inclusion Proposed For Inclusion Proposed For Inclusion Proposed For Inclusion Proposed For Inclusion VII. CRITERIA FOR REVIEW OF PROPOSED MASTER PLAN AMENDMENTS, The applicants are proposing to amend both the Lionshead Redevelopment • Master Plan maps (Maps A-W ), Chapter 4, Recommendations Overall Study Area, and Chapter 5, Detailed Plan Recommendations of the Plan, to include 5 detailed recommendations for development within the "West Lionshead" area. A • copy of the proposed text amendments are attached to the memorandum prepared for this hearing. Amendments to the Lionshead Redevelopment Master Plan require a public hearing review process as outlined in Section 12-3-6 of the Town Code. If approved, amendments are adopted by resolution by the Vail Town Council. According to the Lionshead Redevelopment Master Plan, amendments to the Master Plan must address the following review criteria: How have conditions changed since the plan was adopted? The Lionshead Redevelopment Master Plan was adopted in December of 1998. The study area, as currently defined in the Master Plan is generally defined by the following features: • On the north by I-70 • On the east by Middle Creek (west of the Vail Valley Medical Center) • On the south by the Town of Vail boundary (south of Forest Road, not including single-family lots) • On the west by Red Sandstone Creek (east of the Glen Lyon Office Building.) The conditions of properties currently within the Lionshead study boundaries and those proposed for inclusion have changed quite substantially since the adoption of the Lionshead Redevelopment Master Plan. Changes in ownership have • occurred as a result of Vail Resorts Development Company's purchase of the gas station site, the Vail Professional Building, and the Cascade Crossing. In addition, the Ownership Component of the Glen Lyon Office Building desires to be included into the Master Plan. The possibility of a ski lift, the construction of a bridge substantial enough to support the weight of snow cats, and the possibility for a greater realignment of the South Frontage Road behind the Vail Professional Building and Cascade Crossing are a few of the examples of change that have occurred in the area since the original draft of the plan occurred. How is the plan in error? The Lionshead Redevelopment Master Plan may be in error in this situation. The error results from omission of the Vail Professional Building, Cascade Crossing, Glen Lyon Office Building, Tract K, and the Town owned unplatted parcels from the initial study boundary. The parcels proposed for inclusion into the study boundary adjoin the west side of the western boundary of the Lionshead Redevelopment Master Plan study area, and are a logical continuation of the Master Plan to the extent that no further development occurs before Cascade Village. The existing boundary is the physical boundary of Red Sandstone Creek. The logic of comprehensive Master Planning dictates that the study area to the west should include the remaining parcels. 6 How would an addition, deletion, or change to the plan be in concert with the plan in general? The Vail Land Use Plan designates the Vail Professional Building, Cascade Crossing, and the Glen Lyon Office Building as "Community Office" which is consistent with the designation for the gas station site, Holy Cross site, and Vail Maintenance site prior to inclusion in the Lionshead Redevelopment Master Plan. The Vail Land Use Plan defines "Community Office" as: "This area is designed to meet consumer demands from community residents. Primary uses would include supermarkets, dry cleaning establishments, hardware stores, service stations, financial insfitufions, and medical offices. The design of these facilities would be oriented fo vehicular access and parking." As this designation is consistent with the Vaif Land Use Plan designations for the western portion of Lionshead, staff believes that the addition of the new parcels previously identified site within the Lionshead Redevelopment Plan is compatible with the Vail Land Use Plan. The Lionshead Redevelopment Master Plan has identified the following policy objectives which staff believes are applicable to this application: 2.3.9 Renewal and Redevelopment • Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as pen`orming arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitalify and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds' through new lodging products. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit • traffic must be improved within and Through Lionshead. 7 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meef the service expectations of our guests and residents. 2.3.5 Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital maybe raised from al! possible sources to fund desired private and public improvements. Staff believes that amending the boundaries of the Lionshead Redevelopment Master Plan study area to include the Vail Professional Building, Cascade Crossing, Glen Lyon Office Building, Tract K, and the Town owned unplatted parcels into the Lionshead Redevelopment Master Plan is in concert with the policy objectives of the Plan. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Town of Vail Planning & Environmental Commission directs staff and the applicants to prepare all the necessary amendments to the Lionshead Redevelopment Master Plan to facilitate the requested change in the study area boundary and the inclusion of the "West Lionshead" area into the detail plan recommendations of the Master Plan. 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 applicants request that the Planning and Environmental Commission tables the application until March 27, 2006. IX. ATTACHMENTS A. West Lionsead proposed boundary amendments B. Lionshead Redevelopment Master Plan text, amended text, and attachments • • 8 rY L Q w ~~ ~ ~ / ~ V Q ~~ P ~~ V ~~ . ~ ` C ~ ~~ -~ '~' i C Q~ ~ , ~~ a Q ~f c o (~ N /- M L.L L U N ~ ~ ~ ' ,* o ,Y ~ ~ ~ ~~ ~ O v ~_,.~ ~'~~ ~ ~~ •.~ • b` c ~, +~ ~ '~ rf O ~ .° ~ ~ w > - -a y' N `D a, N c ~~ ~ ~ a ,~ c~ ~ ~ ~~ ~.' ~ ~` ., O ' ~ K. c ,; J ,~, ~. ~' ~~~~ \~\ 0 o~ ~$ '€ _~ vo o~ N ~ (7 '.*.~ j +.. ~~ F t 3._ ~, T ~ ~ t' $ ~ .~ >3 ~ o 3°~ ~~~ ~~ ~ ~~ r ~ o ~ n W r ~ J r ~ Q a - U ~ ~ w ~ ~ > r U ~i ~[7 -- z r m ~ ~ ~N ~ M • _ ~ ~ 3 ~ O r a _. Q w ~ ~ ~ ~ ~ ~ Q N 3 ° ~ ~ \ m _ a ~ - o / ~ ~ .~•~ a O ~F n O u=i ~ w ~r ~ ~~~ \ g ~ ~ ~ ~ ~ Z :-, ,.. , ~ ~ o . J n~ W~ Z ~ -- +~ Y n O1 ~ ~1 ~ 11 U ~ OTC ~ _ ..,..____~-. ~~ -- ~_ 'o V~ ~ N ~ ~ ~\ X = ~. ~ a o ,, ~ ~ ~ ~ ~~ C~ ~ ~ ~ , ~ ~~ ~V~ ~~ ~ ~~ ; \ ~~` m _,_____ \ ~ 1 r `" rn ~u ~ ~ V ~ ~' n Z 3 ~ ~ z ;~ = H a ~, ,;, ,_ ''+ ~ ~ ~,, ~ r~ ~ ~ J ~ J ~ ~ D o E ;!? fr ~ N a d ~ N v ~ o a~i ~ ~ ~ '~ (~ ~ .~ ~ ~ ~ ~ 3 ~ ~ ~~ o ~ ~' ~ ~ ~ ~ ~ o ~ ~ a~~i E ~ o Q p m c L p N N o O d O7 `.., `... ~ ~' ~ ~ ~ ~ U O = ~ U >~ m. ~a ~5 a 0000111 ~ /~ ~Z "WEST LIONSHEAD" Lionshead Redevelopment Master Plan Amendment March 6, ?006 I. PURPOSE OF PROPOSED AMENDMENT The purpose of this proposal is to amend elements of the Lionshead Redevelopment Master Plan (LHMP) pertaining to what is referred to as "West Lionshead". This area is bordered on the east by the Marriott/Ritz Residences, on the north by the I-70 corridor, on the south by Gore Creek and on the west by the Glen Lyon Office Building. The majority of this area is currently within the Lionshead Master Plan study area. The two main elements of the proposed amendment are to: Introduce the potential for lift access from this area to Vail Mountain, and To add a small area of land to the Lionshead Master Plan study area. The need for this amendment has been prompted by a number of changed conditions within this area. Vail Resorts has recently purchases three parcels which in conjunction with their Maintenance Yard and Holy Cross parcels create opportunities that were not possible or not anticipated during the preparation of the LHMP. Foremost among these is the potential to provide access to Vail Mountain from this area, in effect creating a new portal to the mountain. The owners of the Glen Lyon Office Building have also expressed an interest in being added to the LHMP study area. • II. EXISTING CONDITIONS OF EXPANDED LHMP AREA The exhibit titled West Lionshead -Master Plan Amendment found on the following page depicts the existing LHMP study area and the three parcels proposed for addition to the LHMP. The land area to be added that would ultimately involve development is comprised of three parcels (the Glen Lyon Office Building, the Vail Professional Building and Cascade Crossing) totaling 3.66 acres. This area represents only a small increase to the existing LHMP area. Each of the three parcels proposed to be added to the LHMP area are currently developed in accordance with the zoning for each parcel. The attached exhibit titled "West Lionshead Existing Zoning" indicates the current zoning of these three parcels and surrounding parcels. It is anticipated that upon approval of this proposed amendment the three new parcels will be re-zoned to the Lionshead Mixed Use 1 or 2 districts. III. SUMMARY OF PROPOSED AMENDMENTS The LHMP provides a number of suggestions for how the West Lionshead area could re- develop in the future and the vast majority of these suggestions remain valid today. As outlined above, the two main elements of the proposed amendments are to add a few • West Lionshead/Lionshead Master Plan Amendment ~- f ~~~ t '~ ;~ '~ 1 '~ ~ 1 - -'-'-~ ~7 _w {! ~, ;'_ _ ~ ~~~ ~ ~ ~. `~ =<r ~ . e~ ...... ~ ra_ -~ ~. -r .-~. A ~ ~ ~+ " ~ _. _ ' ~ 1.F 'i`. 4 i+. V~ '-- -- ..- -' ~l t ~ ~ ~ \ s _' ~ ~ ~ ~ ,- ~ \i ~-'- t ~~ ~ r~ --- ~- ~~,`~ ~i Q T2 .c/~~ A ` i ~ ~ .... ~ i '~ ' '` O z '~~ i O ~ a ~'~~ .~__ ~ z ~.., ~ r a ~ `\ `~ `0G U~ ~'`` w \~~ ~~'~~ lmcndment acres to the study area and to introduce the potential for lift access in this area. The following summarizes the major recommendations for the West Lionshead area as outlined in the existing LHMP and how proposed amendments affect these • recommendations. "this hub become aresidential/ mixed use area with an emphasis on meeting the needs of the local community" Amendment -proposed amendments are consistent with this recommendation although retail uses oriented to our guests are also contemplated for this area. "there is the opportunity for an underground public parking facility" Amendment -While anticipated to be only partially underground, the potential for a public parking facility is acknowledged in the proposed amendments. This parking is directly related to the proposed lift access -each needs the other to be viable. "mountain service yard will be reduced in size, as some functions can be moved to less central locations" Amendment - re-location of the Vail Resorts maintenance facilities is assumed to be a necessity in the re-development of this area. "recommended that the ideas of potentially burying or bridging I-70 through the Town of Vail be studied and the potential benefits and impacts considered" .... "a proposal to relieve local traffic with an I-70 underpass adjacent to the Simba Run condominiums" Amendment -Amendments proposed to this area would not preclude the construction of this underpass. • "Regarding future land use, the realignment of South Frontage Road will allow the west day lot and the service yard to be combined into a contiguous development parcel" Amendment -Proposed amendments maintain the goal of re-locating the Frontage Road. Two alternative re-alignments are suggested -one is generally the same as depicted in the existing LHMP and the second contemplates the relocation extending the entire length of the new study area (e.g. behind the Vail Professional Building and Cascade Crossing). "The west end of Lionshead has also been identified as a priority employee housing location by the Town of Vail and Vail Associates" Amendments The proposed amendments now contemplate the North Day Lot (or other appropriate sites within the Town of Vail) as the priority site for VR satisfying employee housing requirements. While the proposed amendments involve new considerations for this area (lift access, pedestrian connectivity, enhancement to Red Sandstone Creek), the summary above indicates how virtually all of the major goals previously established for this area are maintained. • West Lionshead/Lionshead Master Plan Amendment 4 IV. AMENDitiiENTS . The West Lionshead area is referred to in a number of sections of the LHMP. Amendments are proposed to the following five sections of the LHMP. Excerpts below have been taken directly from the existing Master Plan. Narrative to be deleted is depicted by s#ik° and new proposed language is in italics. 4.0 Master Plan Recommendation-Overall Study Area 4.1 Underlying Physical Framework of Lionshead 4.1.5 West Lionshead - ResidentiaU Mixed-Use Hub The western end of Lionshead, currently undeveloped, is home to parking lots, the Vail Associates service yard, the Vail sanitation plant, the old town shops, a gas station, the Vail Professional Building, Cascade Crossing, the Glen Lyon Office Building and a number of undeveloped parcels along Gore Creek. This area of Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part ofLionsheacl. Lift service brings with it great potential for the re-development of this area and in doing so expand all of Lionshead to the west with improved pedestrian connections, new retail activity and other improvements. uses ~E~F3~~d /~ +ziic--cv~irir,:lFY. ~ ,,.„..tic."'. ;: ~e-~„~~ , ..1,,,~° ~:ea~: ~ ~i~:l::na,~n°mrpz'^~'°-c • The master lan recommends that this hub become aresidential/ mixed use area with an P emphasis on meeting the needs of both the local community and our guests. Appropriate uses could include high density r° residential development, lodging, community and visitor based office and retail space, o,.,~',,.,°°'~~~•~~~~- ^~a parking, bus or transit functions and a lift connection to Vail Mountain. The catnlvst for this mixed use hub is lift access to Vail Mountain. ~e-ep}~o.-~t-ani:-y-c;;~;~ts fir ~ ^~~^^^*'^^^'° ^ ^' heti:ing a°~~°'~~-~°~* ~~ *'~~~ ^r°^ To the extent possible development patterns in this area should reflect north-south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. Tl~e degree of north-south bT~ilding orientation may be difficult given the relatively narrow east-west orientation of this area. In addition, the introduction of lift access in this location creates an~~ opportunity for an ~Z c> structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on-site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard could be reduced in size, as some functions can be moved to less central locations. It nzay also be possible to relocate the entire mountain service yard to a new location in the West Lionshead area which would allow_for greater flexibility in the re-development of this site. However as the area develops it is critical that new uses be connected to the primary pedestrian corridors and that they be served by the Town of Vail in-town transit system. • West Lionshead/Lionshead Master Plan Amendment 4.0 Ntaster Plan Recommendations-Overall Study Area 4.5 Public Transportation • 4.5.1 Connection to West Lionshead West Lionshead consists of the West Day Lot, the Vail Associates service center, the sanitation plant, ; the Holy Cross lot, the gas station, the Vail Professional Building, Cascade Crossing, the Glen Lyon Office Building, Tract K of the Glen Lyon Subdivision, the Town owned Gore Creek stream t~°act, and ttivo Town owned unplatted parcels to the south of Gore Creek. Because it is an area of potentially significant growth, it is important that it be fully integrated into the Town of Vail in-town transit system. The West Lionshead properties are at the outside edge of the acceptable walking distance to the ski yard (1200 feet). ' , ~itk tl}E Yell-tl:~~ th:, ~'a:l a~seci~:,~ :,:tee ~~:11 'ca ar: e:;~t~'. , 's a cumpg :~.~~t p:a~.~id:s~t o-tk«s tie:. The addition of a ski lift in this area would make this area more viable to redevelopment as it would be within the acceptable walking distance of a lift (1200 feet). 4.0 Master Plan Recommendations-Overall Study Area 4.5 Public Transportation 4.5.2 Maximum Efficiency and Utilization The following recommendations are made to enhance the efficiency and functionality of the Lionshead transit connections in anticipation of future redevelopment in the area: • 4.0 Master Plan Recommendations-Overall Study Area 4.5 Public Transportation 4.5.2.1 Relocate the Regional Transit Stop It is recommended that the Lionshead regional transit stop, currently located at the Lionshead Place cul-de-sac, be relocated to the proposed north day lot transportation center. This will provide a Lionshead connection between the regional transit system and the Town of Vail transit system. In addition, visitors and employees coming to Lionshead by regional bus will arrive at a defined portal instead of the current "back door" on Lionshead Place. Finally, this will remove the large regional buses from West Lionshead Circle and Lionshead Place. In may be possible to locate elements of a regional transit stop in the West Lionshead ar°ea in conjunction with a new ski lift and parking structure. 4.0 Master Plan Recommendations-Overall Study Area 4.6 Vehicular and Pedestrian Circulation 4.6.1 Interstate Highway 70 I-70 is the primary vehicular circulation corridor for the Vail Valley and is critically important to the economic health of the Vail community. It does, however, create both a visual and physical division between the south and north sides of Vail, as well as • consuming a significant amount of land. As Vail continues to grow over time it is strongly recommended that the ideas of potentially burying or bridging I-70 through the West Lionshead/Lionshead Master Plan Amendment 6 Town of Vail be studied and the potential benefits and impacts considered. Specifically, consideration should be given to securing the air-rights over I-70 so that future development and circulation scenarios are not precluded. • 4.0 Master Plan Recommendations-Overall Study Area 4.6 Vehicular and Pedestrian Circulation 4.6.2 South Frontage Road Recommendations outlined below address potential re-alignment of portions of the frontage road, ingress and egress improvements, bicycle/ pedestrian improvements, and visual improvements. For a detailed discussion of capacity and the impacts of future development on the frontage road, see the traffic impact study contained in appendix A. 4.0 Master Plan Recommendations-Overall Study Area 4.6 Vehicular and Pedestrian Circulation 4.6.2.1 Potential Realignment The concept of realigning the South Frontage Road at the western end of the study area grew out of public discussions about land development and traffic flow in West Lionshead. Relative to traffic flow, realignment will remove the conflict that now exists between through-traffic and mountain service vehicles (snow-cats and snowmobiles) entering and exiting the Vail Associates service yard. Realignment will position the road to the north of most new development, thus reducing the potential for conflicting turning movements. There are three viable alternatives for the alignment of the Frontage Road • and each has implications on how West Lionshead cozzld re- development in the future. One alternative is for the Frontage Road to remain in its existing location. The other twa alternatives involve the Frontage Road shifting to abut the interstate right-of--way. Each of these alternatives is depicted on the follou~irzg pages and is,fizrther discussed in section 5.17. Regarding future land use, the realignment of South Frontage Road will allow the west day lot and the service yard to be combined into a contiguous development parcel. This is an important consideration for the development conceptually depicted in figure 4-9, and it would be necessary if the service yard property is used for a secondary ~e~rre€ ~i-l-public parking structure or other zzses. Any existing parking on the West Day Lot must be replaced within the Lionshead study area. Specific considerations regarding realignment are. Proposed Alignment The proposed realignment of the South Frontage Road is depicted in figure 4-9. Critical design issues include the width of the road and the radius of the curves. Both of these factors will be important in reducing the speed of vehicles entering the Lionshead area and the amount of land consumed by the two curved road sections. If the re-aligned Frontage Road Option 2 is pzzrszred, the Vail • Professional Building, Cascade Crossing and Glen Lyon Office Building would West Lionshead/Lionshead Master Plan Amendment ,, ~ ~1 y; 6 ~i ~1 ~~`~ W =~ ~~~ ~ ~~ ~ o ~~~~~ ~ ~~-` ''4 ~ u.- ,` ; _ ~ ~• ~ ~ '•` ;, `, ~ Z ~. ~ •• ~ ., ~~ 1 Z _ _ ~ ,, ~- ~. \ _ ~ ~ ~ , E l 5 y i \ y '~ ~ W ,i \\\ y , "~~ W `E1 ({] W t'~ ~ z ~',~ ~ w q W ~ W , ~ ,1 1. O°~ z ~ ~ ~ d x v a W ~ a z x q v` ~ 0 ~ m o ~ g ~ ~ ~ ~ ,,~~ '~ +_' m ~ 7 ti a[ w LL ~ N F F ~ 7 Q ~ `\.} ~~,~, O ~ w 0 ~ w Z ~ a r 6 r t x O r m ~ O q ~ ~ U ~ ~- ~_~ t ~ ~ ~ W N ~ ~ LL ~ ~ Z ~ 1 ~ q w p ~ tt ~ ~ ~ ii. a °- ~ ' i ~~~. • ` ', I~r -.~~ _~~~<<, ~.1 q ,, . _ .__ F ,~ ~ a ~' Z ~r~ ~ a ~~ ~a ~~W ~. ,,,~,~,,-~ W '~~ ti, '~~ O d ~,~ ~ ~ ~ ~1 f~, \_,, + .- Q ;~; ~: ~`~ ~~~~ O ~ z Z ~ ~. W Q r, ~ ,,} W ~ Y ~. `4 Qh 4 , ~ x ~ 4 ~ ~, ,~ ~ , W W L ,' . 0 _ O b ~~ +~ ~,~ ~ \ . V W K \. Z X ~ (~ t.. m tP W LL LL = ~ ~ LL ~ ~ ~ ~ ~ ~ 4 `YLL ~~4 W K O W S K J ~ `\ ~ 4 W ~ ~ V ~ ~ m g u.. ~ ~ p z o W 4_ W ~ d' ~ Z ac 7 -, W r 'n Z "' d O 4 d p, w Qn. 4 4 Y U °" ~\ ~ ,~ _~_ ~: S - .. udd to this contiga~ous development purcel. This alternative would require cooperation between different property olrners and also involve extensive coordination of development phasing. As such, it is possible that the relocation of the Frontage Road itself could be done in more than one phase, e.g. Realignment Option 1 implemented first with a second re-alignment phase to implement Option 2. West Lionshead Circle Connection It is proposed that West Lionshead Circle connect back to the frontage road at the west side of the Vail Spa. The alignment depicted in figure 4-9 terminates perpendicular to the frontage road and does not require the acquisition of private property. Anew parcel of developable land, suitable for offices or non-resort retail, would be created on the southeast corner of this intersection. Forest Road Connection Forest Road could be realigned to cross through the newly created development parcel, providing access to that site and connecting at right angles to the frontage road. Another alternative that shoield be considered is to connect Forest Road to West Lionshead Circle via the existing Frontage Road right-of--way. Transit and Emergency Vehicle Corridor A transit and emergency vehicle corridor should remain in the existing alignment of the frontage road. This connection is necessary to provide athrough-transit route to the west end of Lionshead and also keeps in place the existing utility corridor. Feasibility of Realignment The ability to realign the frontage road will be heavily influenced by costs, CDOT (Colorado Department of Transportation), and the Federal highway administration. Future west Lionshead developments will require significant upgrades and widening of South Frontage Road, potentially including the widening or reconstruction of the bridge over Red Sandstone Creek. The cost of realigning the frontage road is in addition to the mandatory costs of improving the road. CDOT has approved an eastbound on- and off-ramp permit for I-70 at this location. However, if the frontage road is realigned and west Lionshead develops as shown in figure 4-9, the opportunity for this interchange (or any future interchange between the Main Vail and West Vail exits) will be lost. An additional interchange may not be needed now, given the success of the village and west Vail roundabouts and a proposal to relieve local traffic with an I-70 underpass adjacent to the Simba Run condominiums. tee:, this-e3a'.d pe~ssi~'.;~~e ai:i~^~°a •^ ^'^~° ^'. ~.n „ f rui:ir..~i3--eff:a:~:r at t'~is I~t:IIF s~.~'.~'~~tx~ig +~E :.jai:: ':E~ict;ta~ ~o:st .c T iic:~ fra:~: t-1}e-west ~:id ~ ~ra-tic;il~l;. o~~ ,.+:~,o :~., ,. ~r,:lar;~ ~r:~'.:c parl.ii:b s....,,.~,..o 0 0 t :-~ 'a.~t T :~lir,.d. "_rr~nt .,~d '.'.~fla~ ~?s3 Eiitai'. tl=° West Lionshead/Lionshead Master Plan Amendment ~~~~ ~;t; ..FtL,o !`TI/~T ~'b~'t ."~,~':o'%J a~i~'~°'' tl,.~ „t f:-~,-,t.. :3~ a:;b°-ii-irlcirc- All of these issues will need to be evaluated if realignment is pursued. • 4.0 Master Plan Recommendations-Overall Study Area 4.6 Vehicular and Pedestrian Circulation 4.6.7 Simba Run Underpass Currently the Town of Vail has only two north/south access points between the North Frontage Road and South Frontage Road behveen Main Vail and West Vail. For several years it has been contemplated that an additional north/south connection be established just west of Cascade Crossing. The redevelopment of the West Lionshead area should be done in a manner that does not preclude this new connection from being established at some point in the future. 4.0 Master Plan Recommendations-Overall Study Area 4.8 Parking 4.8.3 Public Parking 4.8.3.3b Potential New Parking Sites To respond to the projected parking demand increase discussed in the traffic study, it is strongly recommended that all town-wide parking opportunities be examined or re- examined prior to any final planning or parking construction. Specific public parking opportunities in Lionshead include: Lionshead Parkine Structure The existing Lionshead parking structure is a logical location for expanded public parking because it is already owned by the Town of Vail. Also, the structure is conveniently located between the proposed civic center on the east and the main portal to the Lionshead pedestrian mall on the west. No other location offers visitors such ease of access. A self-ventilating split deck structure, the garage has six half decks, each holding approximately 200 vehicles (1200 spaces in total). The addition of one complete level would increase the structure by 400 spaces, two complete new levels by 800 spaces. Snow removal is an issue in the addition of new decks. The top deck of the structure is cleared manually with front-end loaders. Additional decks will make it impossible to continue this method, as the internal dimensions of the structure will not accommodate front-end loaders. In addition, the construction of a new delivery staging area on the west end of the structure will remove the snow storage area presently used. Alternatives include heating the upper deck, providing for an alternate snow removal access road to the upper deck, and construction of a roof over the entire structure. Public input during the master plan process has indicated the importance of the eastward view, across the top of the parking structure, toward the Vail Village as motorists travel east along the South Frontage Road and I-70. Future expansion West Lionshead/Lionshead Master Plan Amendment ] 2 plans of the Lionshead parking structure should consider the potential impacts expansion could have on this view plane. Also an issue is the necessary structural reinforcement of the existing facility to support the weight of additional decks. West Lionshead The construction of a ~ new public parking structure at the west end of Lionshead has been a planning consideration since the completion of the Vail Transportation Master plan in 1991. This site is currently undeveloped (except for the Vail Associates maintenance yard) and is large enough to meet projected parking demand. It is well located in relation to the potential new eastbound I-70 access ramps. The viability of a new public parking facility in this location wo+.rld be enhanced by bringing lift service to this area. Based on the last three to for+r years, a parking structure with between 3-400 public parking spaces wot+ld greatly reduce the number of days parking occzrrs on the Frontage Road. Potential logistical hurdles to the use of this site are as follows: Land Ownership. The entire potential parking structure site (see figure 4-14) is located on Vail Associates and CDOT property. Property acquisition from both entities will be required. • South Frontage Road Realignment. South Frontage Road must be realigned to free up a parcel large enough for a major parking facility. i • Competing Land Use Priorities. The west end of Lionshead has alse previor+sly been identified as a priority employee housing location by the Town of Vail and Vail Associates. ~~h r attsii3g-e~1d b.: °~~~*~~~*°a ~„ `~ - 1~i7 t6p-e. ~ rai .,~ :tl;_i-~3ere~~se ,,,,~..,,,.~:,,., ,.,,.,~s ~:~i lyYrY,~.~~ ~vr~i ; ,...text ti:;3:ng~ss{~es. However, the costs to prepare this site (re-location of Frontage Road and relocation of the existing VR maintenance yard) so it is suitable for re-development are very significant as are the costs associated with lift access and p+rblic parking facilities. Given these costs it is not feasible to expect West Lionshead to accommodate a significant amozmt of employee housing. However, any re- development in West Lionshead woarld be expected to conform to any housing regulations that may be in place at that time. • Cost. ~ Timing. The Lionshead master plan ground rules stipulate that there will be no net loss of existing employee housing through redevelopment. Redevelopment of the core site by Vail Associates means that the existing employee housing in the Sunbird Lodge will have to be replaced, most likely to the North Day Lot or in some other location within the Town of Vail. ewe ~Iai'..»swi^*~ ra ;,: HaI~-C-~es~ ;f:te. Tai-s-sEe:~aria put;, c ^~: r . r-e~le~clopi~rt .in:~c. ~epet~u:;~g-a: tli ~ Q :its a~'c. na•;r -.~es~ ir~ pkFl~15`a~--~"rrccvtai-.,, 1, is f," bni~~nr-vr-rac-rr3Tti-a~ West Lionshead/Lionshead Master Plan Amendment 13 ,, ,a .,] *t,° °~ir;~^~i~~r-vc~cir~ ~,a:'.~iF:~~ .;:!i:3tti-1~!i hii.'~iv-'vicecii privi-t6 tl~C~i3`.m=ciccivirvTCn~l'iou-.iii}-p~9~E"'+~~rcnc°-c:;71~1 ,...,.. ,,,.,, V .~, °~+ „ ~ ~,.~~ „~,;,.~, ; c ~:a'~ab'.~;-tl}~ rtpYt~~`tsrr::~-€II: c -r:es-~~ ~a:iic3:g~tllr8-E$tl!El L`° 1„~* .,~ ~L,° ,-°i:3~inl~g-ai'i,=~i.~E lui:~ ~?c~=I3@-AAA Si:l»i: ~3r »st=.l~i.~'E'i:::t .i~9- The second timing issue is the potential I-70 interchange at this location. Planning decisions regarding a future parking structure, housing, or an I-70 interchange will have to be made at the same time, or important opportunities may be lost. • Convenience. Given the -tH-ttr location for a this ~ parking structure, it had been asszrmed that r::u~, ha:e regular transit or shuttle service ~~~ozrld be necessary because of its distance from the retail core area and the ski yard (greater than a 1200-foot walking radius). However, the location of the parking str-uctur-e would be proximate to the new lift and as such the need for regular shuttle service would be minimized However, some provisions for bus stops and/or a transit facility should be considered for the parking strtrcttrre. 4.0 Master Plan Recommendations-Overall Study Area 4.9 Housing 4.9.4 Potential Housing Sites 4.9.4.3 Vail Associates Service Yard and the Holy Cross Site At one time these parcels were considered promising sites for employee housing. In light of recent changes to this area (including but not limited to the acquisition of~key properties by Vail Resorts and the notion of introducing lift service to this area) coupled with competing land use priorities (section 4.8.3.3), a concentration of employee housing is no longer considered the most appropriate use in this area. While any re-development of West Lionshead will need to conform to any Town housing requirements that may in place at the time, the Nor°th Day Lot (or some other suitable site within the Town of Vail) is considered a more appropriate location for a significant employee housing project. n°,.~„ *~° cst Y_an~is~g-Iee-a~3a~ €a. het~s~b ~r: ~iei3s?~r:.d :~-tl~a Fail .~seaiatcs r ser-~iEe-}•u~-d arr.I u~QSS s}t:,. ~-I,. ° ~,,, „g :s nat-the-rr.~y , ° ~~,° ° t.,,,, prep~~w~l'. n8ec~-tc Jappert-l~~s ui~~'.=~13' t'_~.t ~:~.-~-ft:cl_~g-~,.!-'. r~:a=~-^~-i .,1+L,,,,,,'1, ;* .. „la ,,.,*°,z+~iall;. ,-°1~,,.°+° . ,;tL.;,, ~t,° ,. ,,°r+.. •rl:E t,~'3~S-~~ ~s J:.° ~ °r° .,*°a c:nYl3yee-#tia~:rb c;~rrcritl;~ce~.ts~l :i::".rd r 3dg~. 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V 13:,r.J ~s:te a€fer~ u '.:n: ~3 ael~i~~-s~if~Eant d~ .pit, . ~'~.'-file-~}s ~p~.:~at'~aild~~'~~ -: };-.xal'-',' „ .,ro„r ..:t~:.1:~ 3i+E~all e~ a~.~e€ Lie:.ad, tl:.--~to :t~ari~r:: o r~,o ~,,, „g pQ.-enT~a'. m-ay ma'.{opria~-e a frt~:s 3tund~ oY:n~t r'S ~1~ter~. F:rs~2 r :;~,~e ~~rte-t3 allaw-~ °r~r era~l bails'.-:rb l:~blti tiar is-e~ke~•aiis~ ~~l~efl rr miaci-inci-iEYlirih°"`~ A.-„1-.:ro.,r-a:wt r~.. lF tiJ'tl}l~}~3~ lei-g~-~~:11 nil-to-l-ie re-.~e~ecl--3n a ~e'~u~' ~:1, u~nd a~yL-e~+-er~t'aa'. bai .. -, i:,~~11y aYYr:~t,:-~..:E`or tom::, ,,,.Ql ~'~3"l. cc_,eE-A~}d, i`, i° v .,.7oa tip} rl,o ~r.,,,.a~r.7~ 4~„- .ao ;rte, rte. ;+s rte= ~~T~7 ~d ati ~l;is-leE=a~~: ~B a'.~~u~f~ .. e~ st;:~:b., ~. T r:.d, :t ~~,~e aY~: et,:':.,ro r„ ,.oa,,,.o r~.~ ;.a:~lsg re ~'^ ~''^ ^~ ~` this'.o~at~ien- 5.0 Master Plan Recommendations-Detailed Plan Recommendations 5.17 West Day Lot/ Vail Associates Service Yard/ Holy Cross Site/BP-Amoco Site/Nail Professional Building/Cascade Crossing/Glen Lyon Office Building Planning for the western end of Lionshead must consider tame three different scenarios: the realignment of South Frontage Road behind the Maintenance Yard and Holy Cross • site, the realignment of the Frontage Road behind the entire West Lionsheud area, and its retention in the existing alignment. While the introduction of lift service is viable in either of these alternatives, land uses and the character offi+tt+re development will vary depending upo+Z what happens to the Frontage Road. There should be "no net loss " of existing retail or office square footage as a result of the redevelopment of these parcels. Higher densities and building heights may be appropriate in this area, particularly to encourage the development of employee housing. However, any development must meet the overall character and visual intent of the master plan and be compatible with the adjacent existing development of the Marriott and the Vail Spa. Retention ofExistinu Frontage Road Alignment If the Frontage Road remains in its current location the Maintenance Yard/Holy Cross parcels, the Vail Professional Building/Cascade Crossing and the Glen Lyon Office Building all remain viable development sites. The most viable site_for a public parking_facility would be the Maintenance Yard/Holy Cross parcels. While other lift locations are feasible, the oId Amoco/BP site is a viable location ,for a buse terminal. This location would regt+ire a grade separated pedestrian crossing to the Maintenance Yard/Holy Cross parcels. A strong east-west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest ofLionshead. Under this Frontage Roud scenario the Vail Professional Building and Cascade Crossing could be developed as a contiguous parcel and Glen Lyon Office Building would develop as afree-standing parcel. In both cases it is assumed West Lionshead/Lionshead Master Plan Amendment I S development tvoz+ld conform with the Lionshead Mixed Use I zoning. The Holy Cross site and the hail Professional Building both abut Red Sandstone Creek. Any redevelopment of these parcels should consider how the Creek can be enhanced and made art asset or- amenity of the redevelopment. Frontage Road Realignment the Entire Length of West Lionshead Studv Area This realignment alternative is the most complex to accomplish but also presents the most opportunities in that it results in one very large and contiguous development parcel. This alternative woz.+ld also allow for the most convenient and desirable pedestrian connects to the rest of Lionshead. The most viuble site _for a public parking facility wozrld still be the Maintenance Yard/Holy Cross parcels. With the re-location of the Frontage Road lift access out of the old Amoco/BP site woz+ld not reyz+ire a grade separated pedestrian crossing to the Maintenance Yard/Holy Cross parcels. This alternative would also present the greatest range of possibilities_for relocating or enhancing Red Sandstone Creek. A strong east-west oriented pedestrian corridor with ground floor retail z+ses would be necessary to create a strong connection between this area and the rest of Lionshead. Frontage Road Realignment behind the Maintenance Yard and Holv Cross site This alternative woz+ld invol,.ve the same "development progrnm "elements outlined about and would accomplish many of the same benefits of the `full " ' Frontage Road realignment. Foremost among these benefits is the ability to integrate the Maintenance Yard and Holy Cross site with the rest of Lionshead. However, the Vail Professional Building/Cascade Crossing and the Glen Lyon Office Building as stand alone development parcels. ~~ ~ ~t; r-~g~rF~S c ~ ~ ui13 c ~~, o„t;,.,,,,,o„+ „~ C,,,,zyi ~,.,,,t.,,~o n~„a , ,;tt ~tt~... ~13es~e~e~es~~ ~~ ~et~ant;a„*o,t F ,- ao„ot,,.,ri,or~ ,,,t,;tg ~t"'i:3~u:t:it3~-&-,i'~'Y3:~C o,.t:.,.. ~L.,.,,,,..L, ~l,e ., v,-t.. U[L,'fl-.i,, rL,o ., ~E3~IdG~:.d ~,: ~'~ ~, ~,~:~ fl ., o ~ „« .7:..*:..,,t ~'z a::i~ s~~ia:~toarea~'.j--~ve^^RCi~ii a:3£~ ~.I~~ :i`~g. T~ 4:..~* ;~ +t,v o :,,*;,,,. , o~. a.,,, tom'.. T~'~~ Si-1`: .k..S-v^vr~° ~cTC2~E-fF6H~g~F9~ifi',£E~ff3::3 ~t'f: ~-]~2~~, c.~1'.~ :-~ 1;~3E-2~365~ ,~•YrF©t,:'}i.~E3: : ~lt S3}~"ly ,,.- f .,.,t:,,,,.,1 f o ri~,ol~t~::E]°it. T~~~ Ed~:.>4aser~-t:e-~:~a>:~ ~'~~~~ag~e-dead, s'~a~d'~~.-.~g a :~~-,,,,,. ,.ot.,~;,,,,~~.,:., , ,;+t, ft~ }~S~6~i}il :~i j=~~~'-~-E~@C1:X:b ` bEi~" u:T-S~3fl~:.'ii 15 ~b:li'E ~ ~~~, /:?±-S9 ~E~i:a~'i~?-1.6~]~1i3:1 31:~5~~ i" ~l~t 2F8::1 ~i":EY~+'ia~~~ ' ~.:3~:I~+~vr~u~i~e ~i3sisa ~}~~a~d a,,.,. t,o ;ao as t,~ o ~,. ,.rrr:]-:-i„a.,.o .,t„ o o„a,.n~~~ T,,~ t-~-};d, . ~~~~~1_g~ea °~a: d, k~ t.o ;av„+:~;Ed as ~-~ a~Y~~r ~:~e ~ee~i~et-rfc ":g'~ d~~~Yla~~~g. T'~~ta:~'.: ~a° *~e t~~oo~~ ,.~,.~ €~a~:t:Gg~ ~~ _°~~:::]rn~ec-a~i~e~rfa~ a J:3h^.',~;:~' . d. F~~ >;'.~tis ~eea-t:~IIS, a :,s~zk~ ~ „~o :~ >1:~ ~3tt~~.~n ~e-deed t~~ ~,,,.>~ ~~ ~at~~~, >~..,,.,*,,,.o p,,,,,v_;~- t:at ^~n w ~~~~ jai, .,.;,. •~„~ ~'_:~e-~e~d ~~ ~~:„t,* ..°,t,,,.*~3rt is >'.:~ n~oiat;, a~d~}e'.~d-~e~r~f t'.:e f o~.*.-age-~a~d see-€~gtr~e ~~~~, ~il~ ufBSS ~II:5`.~--1 £3 ~~E r,f~I.E'i~}23 i:r'.~t_ 7'r»f'4;,. FI„ •,t+~~g aid ..~ ~~ E~i2Y31;. *.-,,,,.,:~ „ot,:..l~, „ o „1~ f ~~•~. 7'x:2 "E~II`~~~ ^~r-c ic-cE%E°~I +.-.,,,~;*/ .,,v,t~.*,-;.~ ~fY'ta`.~ ~.. ].1 t.,. ° ~J~ a~,a/[YSIiv tlY-LY'Ctl,~ L ~}H~2:r:~.~i~E-S~~'.~ :t1~H-@~3:.:t,~~ = "_b ~~3~ r~Ei;1; bE i'3&~ 1;: a~~o~~ „ ,tlo ~.-.,,,~,t ~r.~ West LionsheadlLionshead Master Plan Amendment 16 • 5.0 Master Plan Recommendations-Detailed Plan Recommendations 5.19 Eagle River Water and Sanitation District While this parcel would certainly be a viable development site, the costs to relocate uses at this site, particularly the treatment, facilities, are very significant. For this reason it is assumed that the treatment facilities will remain in their existing location. A viable alternative to relocating the entire bzsilding wozrld be to relocate the District 's offrces and construct "air-rights "development above and around the treatment facility. 5.0 Master Plan Recommendations-Detailed Plan Recommendations 5.20 Tract K, Glen Lyon S«bdivision and Town Owned Unplatted Parcels These totivn-owned parcels are located along and south of Gore Creek. While they are included in the Lionshead study area, no buildings or "vertical " development is contemplated for these parcels. Potential snow-cat access routes and skier access through these parcels to link West Lionshead with Vail Mountain should be considered for these areas. :] ~J West Lionshead/Lionshead Master Plan Amendment 1 ~ PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING . ~. February 27, 2006 TI7WNOF'~~'. PROJECT ORIENTATION -Town Council Chambers -PUBLIC WELCOME MEMBERS PRESENT Bill Jewitt Doug Cahill Anne Gunion David Viele Chas Bernhardt MEMBERS ABSENT George Lamb Rollie Kjesbo Site Visits: 1. Timberline Roost Lodge -1783 North Frontage Road Driver: George 1:00 pm Public Hearing -Town Council Chambers 2:00 pm 1. A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 4 and 7, Block 1, Vail Potato Patch Subdivision, located at 800 and 802 Potato Patch Drive, and setting forth details in regard thereto. (PEC06-0009) Applicant: Lloyd Ruth, Javier Velasquez, Peter Baffin, represented by Ann Bishop • Planner: Warren Campbell ACTION: Approved MOTION: Jewitt SECOND: Viele VOTE: 5-0-0 Warren Campbell gave a presentation per the staff memorandum. The applicant's representative, Ann Bishop, stated she had nothing to add to staff's presentation and memorandum. There was no public comment. The Commission stated that they were supportive of the request as it complied with all criteria. 2. A request for a final review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to combine two lots into one, Lots 7 and 8, Bighorn Terrace Subdivision, located at 4242 East Columbine Way, and setting forth details in regard thereto. (PEC06-0011) Applicant: Kathryn Benysh Planner: Bill Gibson ACTION: Approved MOTION: Viele SECOND: Jewitt VOTE: 5-0-0 Warren Campbell gave a presentation per the staff memorandum, he stated the application will result in greater conformity with the Town's regulations. • Ms. Benysh, the applicant, gave a presentation supporting her case for the vacation of the subject property line. Page 1 Alan Packmeyer, a member of the HOA, gave a brief presentation related to several concerns • about redevelopment projects being allowed to locate planter boxes within an access easement. He wanted it to be on the record that future additions and redevelopments within the development will need to be cognoscente of the access issues. The Commission was in support of the application. 3. A request for a final review of a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC05-0080) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Tabled to March 13, 2006 MOTION: Vile SECOND: Bernhardt VOTE: 5-0-0 George Ruther gave a presentation per the staff memorandum. Dominic Mauriello, representing the applicant, gave a presentation describing the project in detail. Howard Picking, a resident in Hillside condominiums. Concerned with notification process. Suggested that all property owners be notified with certified mailings not just the President of the H.O.A. Does not believe that the project is compatible with the neighborhood and that there are elements of this project being spot zoning. There is an interface problem between the PA-2 zoning and the zoning to the south. . Caryn Carp, resident of Hillside Condominiums submitted photographs of the impact to her unit by the proposed structure. Photos were submitted into the record. Ann Bishop, a resident of Vail, stated that this project is not consistent with the Vail Comprehensive Plan or the neighborhood. Believes the system is broken. Deena Korklen, President of Buffer Creek West Condominiums, stated she never received public notification. Mentioned that at a neighborhood meeting which included the developer the height was represented as not being as tall as it appears in the digital model. Suggested multiple changes to try and bring the project into greater conformance with the neighborhood and the review criteria. Mark Levar, resident of Capstone Townhomes, concerned with the scale and bulk of the structure. Adele Picking, resident of Hillside condominiums, presented how her unit was directly impacted by the proposed structure. Mentioned that she had traveled quite extensively and has not seen any structure in any alpine village which looks like this proposed structure. Concerned that the structure does not respect the site and neighborhood. The project does not comply with criteria #2. Wendy Erb, resident of Hillside Condominiums, stated that it is reasonable to expect that the Roost Lodge was going to be redeveloped, but it is important to set a standard for the new Public . Accommodation - 2 District. One of the tools in reviewing this project is compatibility with the Page 2 neighborhood. This project is not compatible with the neighborhood. She referenced her letter she had submitted. • Greg Bemis,.; resident of Hillside Condominiums, believes the impact of this project is much greater than the site it is located upon. Concerned about visibility and the image it will convey about Vail. Although the project is within the zoning rules it does not make it right. The height methodology is confusing and misleading to the public, boards, and staff. What about the design guidelines. Diane Donovan, resident of Vail, discussed the height regulations of the Town of Vail and the history of the height regulations. Requested that the PEC ask staff to begin the process of bringing forth a clarification of the height regulations to make them more clear. Jim Lamont, representing the Vail Village Homeowner's Association, asked for clarification on the encroachments into the setbacks both above and below grade. Suggested moving the sidewalk as to eliminate the "splash factor" in order to allow for a landscape area between the North Frontage Road and the proposed sidewalk. Discussed the sun/shade analysis and its relationship to the impacts of view. The computer model was not interactive and it should be made to include more perspectives in order to more fully understand the impacts. Noise should not be touted as an improvement unless a study is provided. Concerned about the term of historic grade and its usage as it is not applicable to topic of measuring height. Feels it is more appropriate to deal with what grades are there today. Believes architects and planners are playing a game with the height regulations. Dominic Mauriello, representing the applicant, made some closing comments regarding compatibility of this proposed project and the surrounding properties. Discussed the zoning and the inherent knowledge that the PA-2 zone district would allow for a larger building. Kevin Dieghan, applicant, discussed how they have done nothing with their structure which is different from how any other recent project has been measured. Bill Jewitt asked for several clarifications regarding the Public Works memorandum and PEC memorandum. Believes the applicant should participate in AIPP condition requirement. Believes that the new impact fee should be applied regardless of what point they are in the process. Concerned with the apparent height of the structure. Believes it was a feeble attempt at get an extra 30 feet in height. Suggested a physical model of the project and surrounding properties would be helpful. Does not believe the proposal fits the character of the neighborhood. Anne Gunion stated that the Code needs to be applied as it is adopted currently. Differentiated between the technical requirements and the more subjective criteria (design guidelines). Does not believe the applicant has used smoke and mirrors but has read the regulations. The regulations should include intent text to help boards understand what the purpose of height, etc. are when they were adopted. Concerned with how the ridge of the building appears long and continuous. Agrees the applicant needs to participate in the AIPP requirement, and increased traffic fee. Most concerned with Criterion 2 as the proposal does have a significant negative impact on surrounding properties. David Viele stated that he was reluctant to vote on the application as the reduced plans were only received prior to the meeting. Does not believe the developer has used smoke and mirrors. David asked a question regarding height as depicted on C-8 (Cross section). Believes the • calculation of height needs to be resolved in terms of achieving the true intent. Page 3 Chas Bernhardt asked George Ruther to describe the notification process. It was clarified that notification was correctly performed. Chas clarified the change to the PA zone district. Discussed the history of when properties where constructed and zoned which provides for • expectation to redevelopment and size. Property owners are not necessarily entitled to the maximums of a zone district as they must also comply with criteria which address compatibility. Believes that this is the ugliest building that has been proposed in his tenure; in previous meetings he was attempting to be tactful in his comments. Disappointed the plans do not include sun/shade and that the plans were late. Although this parcel has different zoning it must be compatible with surrounding properties. Believes that the traffic impact fee should be that which is in place at the time of building permit issuance. Doug Cahill asked that staff put an item on a future agenda to discuss public notification. Discussed how the intent of the height regulations are not met with the proposed structure. This project has a significant negative effect on neighboring structures in terms of bulk, mass, and height. Believes the applicant shall comply with AIPP requirements. 4. A request for a worksession to review the West Vail Redevelopment Master Plan, pursuant to Chapter VIII, Section 3, Vail Land Use Plan, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Matt Gennett ACTION: Tabled to March 27, 2006 MOTION: Viele SECOND: Jewitt VOTE: 5-0-0 Matt Gennett gave a presentation detailing the specifics of the draft Master Plan in its current, preliminary form. There were several questions regarding traffic circulation and the need for connections to • Chamonix Road. Tom Kassmel, Town Engineer, discussed the advantages of multiple entrances and exits and the reduction in the need for an intersection traffic control, round-about, as the number of access points increased. Several individuals had concerns about the cut- through to Chamonix Road. There was great discussion regarding traffic circulation and what was trying to be accomplished. Regarding architecture Commissioner Gunion suggested that paint not be used to articulate the proposed structures vertically per one of the representative structures in the presentation. Greg Bemis, resident, suggested putting placards up for these types of projects like is done for the Town Picnics. Wendy Urr, resident, is concerned about steep roads leading to Chamonix. 5. A request fora final review of a final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for a resubdivision of Lot 4, Lion's Ridge Filing 2, to create lots 4A and 46, located at 1401 Lion's Ridge Loop, and setting forth details in regard thereto. (PEC06-0007) Applicant: Richard and Jane Hart, represented by Victor Mark Donaldson Architects Planner: Matt Gennett ACTION: Tabled to March 27, 2006 MOTION: Viele SECOND: Jewitt VOTE: 5-0-0 6. Approval of February 13, 2006 minutes MOTION: Viele SECOND: Jewitt VOTE: 5-0-0 • 7. Information Update Page 4 • L' • 8. Adjournment r MOTION: Viele SECOND: Jewitt VOTE: 5-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published February 24, 2006, in the Vail Daily. Page 5 [7 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE SS. PLANNING AND ENVIRONMENTAL COMMISSION 15L,' PUMarch 3 2006 l•~ PROJECT ORIENTATION -Town Council Cham- bers -PUBLIC WELCOME 12:00 pm I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has Published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated March 10 A.D. 2006 and that the last publication of said notice was in the issue of said newspaper dated March 10 A.D. 2006. In witness whereof has here unto set my hand this 23rd day March, 2006. Pub ' Genera"1 M~agerBditor Subscribed and sworn to before me, a notary pablic in and for the County of Eagle, State of Colorado this zsrd day of March, 2006. ~~~~(~PUe~~C , o i i 2~ ~,~ • PM v` • N ' s~ •8' ~`~~~Nrar.~aeaV t --`•, ~ ' r Pamela Joan Sc ultz Notary Public My Conunission expires: November 1, 2007 MEMBERS PRESENT MEMBERS ABSENT Site Vistts: Driver: George Public Hearing - Town Council Cham- bers 2:00 pm 1. A request for a final review of a major exterior alteration, pursuam to Section 12-7J-12, Major EMerior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road~Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PECO5-0080) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Tabled to April 10, 2006 MOTION: SECOND: VOTE: 2. A request for a recommendation to the Vail Town Council of an amendment to the Li- onshead Redevelopment Master Plan, pur- suant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Mas- ter Plan, to amend the Lionshead Study Area Boundaries and Chapter 5, Detailed Plan Recom- mendations, to include the study °Vllest Lionshead' area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road WesULot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vait Village Fil- ing 2, and several unplatted parcels (a more complete legal description is available at the Com- munity Development Department), and set- ting forth details in regard thereto. (PECO6-000Bj Applicant: Vail Resorts Develop- ment Company, Town of Vail, and Glen Lyon Of- fice Building General Partnership Planner: Wamen Campbell ACTION: MOTION: SECOND: VOTE: 3. Approval of February 27, 2006 mi- nutes MOTION: SECOND: VOTE: 4. Information Update Conference Center Fund Realloca- tion 5. AdJ'ournmeM MOTION: SECOND: VOTE: I The applications and information about the propos- 1 als are available for public :..~,w:..,. during regu- lar office hours at the Town of Vail Community De- i velopmeM C : r . t. 75 South t". -. sv;, Road The Public is srvited b attend the project oriema- tion and the site visits that precede the pubNC hear- ing in the Town of Vail Community Development Department. Please call (970) 479-2138 for addi- tional information. Sign language interpretation is available upon re- quest with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published March 10, 2006, in the Vail Daify. PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ,~ March 27, 2006 ~}WN t7F t~Alz . PROJECT ORIENTATION -Town Council Chambers -PUBLIC WELCOME MEMBERS PRESENT George Lamb Bill Jewitt Rollie Kjesbo Doug Cahill Chas Bernhardt Anne Gunion MEMBERS ABSENT David Viele Site Visits: 1. Flaum Residence - 1521, 1601, and 1631 Buffehr Creek Road Driver: George 12;00 pm Public Hearing -Town Council Chambers 2:00 pm 1. A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow fora major amendment to Special Development District No. 34, Flaum, The Valley Phase V, to increase the gross residential floor area for employee housing units and associated garages within the district, located at 1521, • 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. (PEC06-0013) Applicant: Jim and Cookie Flaum/Steve and Margaret Lindstrom Planner: Warren Campbell ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 Warren Campbell gave a presentation per the staff memorandum. The applicant stated there was nothing to add to the presentation. There was no public comment. The Commissioners supported the proposed amendment and stated that they felt the proposed amendments were in keeping with the initial adoption of the Special Development District. Commissioner Jewitt expressed his desire that this and all other Employee Housing Units be occupied by eligible persons and not left vacant or occupied by ineligible persons. Mr. Flaum stated that he intends to follow all Town of Vail regulations regarding the EHU. He added that he currently has an EHU at his residence in Arrowhead and has kept it occupied as long as he has owned the unit. 2. A request for a recommendation to the Vail Town Council of a text amendment to Chapter 12-20, Annexed Areas, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend the process for zoning district determination of annexed areas, and setting forth details in regard thereto. (PEC06-0014) Applicant: Town of Vail Page 1 Planner George Ruther ACTION: Recommendation of approval • MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 Warren Campbell gave a presentation per the staff memorandum. Jay Petersen, representing Vail Resorts, gave a presentation to the advantages to the proposed amendments. There was no public comment. The Commissioners agreed that the amendment was warranted and necessary to make the Town Code clearer. 3. A request for a recommendation to the Vail Town Council of an amendment to the Lionshead Redevelopment Master Plan, .pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership Planner: Warren Campbell ACTION: Tabled to April 10, 2006 • MOTION: Lamb SECOND: Jewitt VOTE: 6-0-0 4. A request for a final review of a final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for a resubdivision of Lot 4, Lion's Ridge Filing 2, to create lots 4A and 46, located at 1401 Lion's Ridge Loop, and setting forth details in regard thereto. (PEC06-0007) Applicant: Richard and Jane Hart, represented by Victor Mark Donaldson Architects Planner: Matt Gennett ACTION: WITHDRAWN 5. Approval of March 13, 2006 minutes MOTION: Kjesbo SECOND: Jewitt VOTE: 6-0-0 6. Information Update 7. Adjournment MOTION: Lamb SECOND: Kjesbo VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. . Community Development Department Published March 24, 2006, in the Vail Daily. Page 2 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • t. March 27, 2006 7ClN~VOf"VAlT~ PROJECT ORIENTATION -Town Council Chambers -PUBLIC WELCOME MEMBERS PRESENT George Lamb Bill Jewitt Rollie Kjesbo Doug Cahill Chas Bernhardt Anne Gunion MEMBERS ABSENT David Viele Site Visits: 1. Flaum Residence - 1521, 1601, and 1631 Buffehr Creek Road Driver: George Public Hearing -Town Council Chambers 12:00 pm 2:00 pm 1. A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow fora major amendment to Special Development District No. 34, Flaum, The Valley Phase V, to increase the gross residential floor area for employee housing units and associated garages within the district, located at 1521, • 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. (PEC06-0013) Applicant: Jim and Cookie Flaum/Steve and Margaret Lindstrom Planner: Warren Campbell ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 Warren Campbell gave a presentation per the staff memorandum. The applicant stated there was nothing to add to the presentation. There was no public comment. The Commissioners supported the proposed amendment and stated that they felt the proposed amendments were in keeping with the initial adoption of the Special Development District. Commissioner Jewitt expressed his desire that this and all other Employee Housing Units be occupied by eligible persons and not left vacant or occupied by ineligible persons. Mr. Flaum stated that he intends to follow all Town of Vail regulations regarding the EHU. He added that he currently has an EHU at his residence in Arrowhead and has kept it occupied as long as he has owned the unit. 2. A request for a recommendation to the Vail Town Council of a text amendment to Chapter 12-20, Annexed Areas, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend the process for zoning district determination of annexed areas, and setting forth details in • regard thereto. (PEC06-0014) Applicant: Town of Vail Page 1 Planner George Ruther ACTION: Recommendation of approval • MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 Warren Campbell gave a presentation per the staff memorandum. Jay Petersen, representing Vail Resorts, gave a presentation to the advantages to the proposed amendments. There was no public comment. The Commissioners agreed that the amendment was warranted and necessary to make the Town Code clearer. 3. A request for a recommendation to the Vail Town Council of an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development; Department), and setting forth details in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership Planner: Warren Campbell ACTION: Tabled to April 10, 2006 • MOTION: Lamb SECOND: Jewitt VOTE: 6-0-0 4. A request for a final review of a final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for a resubdivision of Lot 4, Lion's Ridge Filing 2, to create lots 4A and 46, located at 1401 Lion's Ridge Loop, and setting forth details in regard thereto. (PEC06-0007) Applicant: Richard and Jane Hart, represented by Victor Mark Donaldson Architects Planner: Matt Gennett ACTION: WITHDRAWN 5. Approval of March 13, 2006 minutes MOTION: Kjesbo SECOND: Jewitt VOTE: 6-0-0 6. Information Update 7. Adjournment MOTION: Lamb SECOND: Kjesbo VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. • Community Development Department Published March~24, 2006, in the Vail Daily. Page 2 . MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: March 27, 2006 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 34, Flaum -The Valley Phase V, to increase the allowable gross residential floor area for employee housing units and associated garages within the district, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. Applicant: Jim and Cookie Flaum/Steve and Margaret Lindstrom Planner: Warren Campbell SUMMARY The applicants, Jim and Cookie Flaum and Steve and Margaret Lindstrom, are requesting a recommendation from the Planning and Environmental Commission • to the Town Council regarding a request to amend Special Development District (SDD) No. 34, Flaum-The Valley Phase V, to increase the allowable gross residential floor area for employee housing units and associated garages within the district, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V. Staff is recommending that the Planning and Environmental Commission forwards a recommendation of approval to the Town Council regarding the request to increase the allowable square footage for employee housing units and associated garages within in SDD No. 34 subject to the findings and conditions outlined in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST The applicants, Jim and Cookie Flaum and Steve and Margaret Lindstrom, are requesting a recommendation from the Planning and Environmental Commission to the Town Council regarding a request to amend Special Development District (SDD) No. 34, Flaum-The Valley Phase V, to increase the allowable gross residential floor area for employee housing units and associated garages within the district, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V. Special Development District No. 34 allows for a single EHU to be constructed on each of the three lots within the SDD with only one being required to be constructed within the SDD. The maximum allowable size for any EHU built • within the SDD is 500 square feet and 300 square feet for the required enclosed parking space. There is currently asingle-family home that does not contain an 1 EHU constructed on Lot B of the SDD. On July 6, 2005, the Design Review . Board (DRB) approved a new single-family residence with an EHU located over the garage on Lot A, the lot owned by Mr. and Mrs. Flaum. Subsequent to that approval Mr. and Mrs. Flaum found that the EHU they would be constructing was maximized at 500 square feet but was not of a size which would be conducive to comfortable living. Therefore an application to increase the maximum allowable size of an EHU and the associated garage was submitted. The applicants' request is to increase the maximum allowable GRFA for an Employee Housing Unit (EHU) from 500 square feet to 850 square feet and increase the size of the required enclosed parking space from 300 square feet to 400 square feet within SDD No. 34. A vicinity map has been attached for reference (Attachment A). A copy of the proposed architectural plans have been submitted for reference (Attachment B). The attached architectural plans depict the approved design and the proposed design which would be submitted to the DRB if the proposed amendment is approved. The following are the proposed text amendments to Ordinance 2, Series of 1997, which enacted SDD No. 34. Text which is to be deleted is shown in :~rikn##reag4~ and text to be added is shown in bold italics. Type l/ EHU GRFA: X88 850 sq. ft. allowed per lot for development of an EHU, per Type l/ EHU requirements. EHU Garage Area: 7 enclosed parking space required per EHU • per lot, which must be deed restricted for use by EHU only. Up to X98 400 sq, ft. garage credit allowed per EHU per lot. IV. BACKGROUND The parcels within SDD No. 34 where annexed into the Town of Vail by Ordinance 9, Series of 1987 which became effective on April 29, 1987. When annexed into the Town there was an Eagle County approved PUD on the parcels of which no construction had begun. The PUD generally allowed for the development of each of the three lots with a duplex. On January 13, 1997, the Planning and Environmental Commission unanimously recommended approval of SDD No. 34, Flaum-The Valley Phase V to the Town Council. Town Council established SDD No. 34 through the approval of a second reading of Ordinance No. 2, Series of 1997, on February 18, 1997. On July 6, 2005, the Design Review Board approved a new single-family residence with an EHU located over the garage on Lot A of the SDD. ROLES OF THE REVIEWING BOARDS Special Development District and Maior Amendment Order of Review: Generally, applications will be reviewed first by the PEC for • 2 ))/ • impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town 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 of 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 all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. • Town Council: Action: The Town Council is responsible for final approval/denial of an SDD. The Town Council shall review the proposal using the Criteria and Findings listed in Section IX of this memorandum. V. APPLICABLE PLANNING DOCUMENTS Town Of Vail Zoning Code Article 12-9A: Special Development (SDD) District (in part) 12-9A-1: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan 12-9A-2: DEFINITIONS: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEVI~: Any proposal to change uses; increase gross residential floor area; change the number of • dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this 3 section), except as provided under section 72-15-4. "Interior Conversions° or 92- • 15-5. "Additional Gross Residential Floor Area (250 Ordinance)'; of this title. VI. SITE ANALYSIS Legal Description: Address: Lot Size: Zoning: Land Use Plan Designation: Current Land Use: Lots A-C, The Valley Phase V 1502, 1601, and 1631 Buffehr Creek Road 1.81 acres (79,002 sq. ft). Special Development District No. 34 (Residential Cluster zone district underlying zoning) Open Space Residential The approved development standards for this SDD are prescribed as follows: Develoament Standard Maximum Allowance/Limitation Number of Lots: 3single-family lots Dwelling Units: 3 dwelling units Density: 1.66 dwelling units/acre Employee Housing Units (EHU): 1 Type II EHU per lot allowed Buildable Area: Per approved development plan and • building envelopes Site Coverage: 25% of lot area (per lot) GRFA: 2,933 sq. ft./dwelling unit (with no additional credits) Type II EHU GRFA: 500 sq. ft. allowed per lot for development of an EHU, per Type II EHU requirements. Garage Area: 600 sq. ft. allowed per dwelling unit EHU Garage Area: 1 enclosed parking space required per EHU per lot, which must be deed restricted for use by EHU only. Up to 300 sq. ft. garage credit allowed per EHU per lot. Setbacks: Per building envelopes delineated on development plan. No GRFA is permitted within 20' of the front property line. Garage area is allowed within 20' from the front property line within the established building envelopes. Parking: Per Chapter 18.52 Off-street Parking and Loading, • Zoning Code 4 • Exterior Lighting: Per Chapter 18.54 Design Review Guidelines, Zoning Code Building Height: 30' for a flat roof, 33' for a sloping roof VII. SURROUNDING LAND USES AND ZONING Land Use North: Open Space South: Multi-Family Residential East: Open Space West: Open Space VIII. CRITERIA AND FINDINGS Zonino, Residential Cluster zone district Residential Cluster zone district Residential Cluster zone district Residential Clusterzone district Special Development District Maior Amendment Chapter 12-9 of the Town Code provides for 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 flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and • quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development 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 special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the project's compliance with the nine SDD review criteria: A. Consideration of Factors Reaardina Special Development Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. • On July 6, 2005, the Design Review Board approved a new single- 5 family residence with an EHU located over the garage on Lot A, the • lot owned by Mr. and Mrs. Flaum. The approval of the design by the DRB affirms that the bulk, size, character, etc. is in keeping with the neighborhood. The set of attached architectural plans show both the approved design and the proposed design which would be submitted as a revision to the DRB if this application is approved and it can be seen that the requested increase in allowable GRFA for the EHU from 500 to 850 square feet and garage from 300 to 400 square feet has very little external impact on the design. Staff believes the proposed amendment complies with this criterion. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed single-family residential structure with an attached EHU on the property is compatible with the surrounding residential uses and complies with zoning regarding density and use. Staff believes the proposed amendment complies with this criterion. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. 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. A unit which is less than 2,000 square • feet in area is only required 2 parking spaces. In this case there will be one space in the garage and one directly in front of the garage door for the EHU. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. This site is designated as Open Space (OS) in the Land Use Plan. This designation allows development at densities of 1 unit per 35 acres. However, these parcels are zoned Residential Cluster. The following Land Use Plan goals directly address the importance of EHUs in the Town: Goal 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. Goal 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. In 1997 the PEC recommended that each home be allowed 500 sq. ft. • of additional GRFA for EHUs on these lots with only one EHU being 6 required within the SDD which is found in the adopting ordinance for • the SDD. The applicant in attempting to implement this requirement of the SDD found that maximum allowable size of 500 square feet was insufficient to provide a livable space to an employee with additional storage. Staff believes the proposed amendments implements these goals. E. Identification and mitigation 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 Maps, SDD No. 34, Flaum-The Valley Phase V, development site is located in a High Severity Rockfall Hazard. The applicant provided a site specific analysis in 1997 in conjunction with the adoption of the SDD which indicates that the hazard is a "moderate" hazard and that appropriate mitigation can be provided to protect uses on-site as well as adjacent uses and public facilities. Staff believes that this criterion has been appropriately address and all structures are designed to mitigate the impacts. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. • The initial adoption of SDD No. 34 was a reduction in the approved density under the approved Eagle PUD which allowed for a less intense development of the site. In addition, the plat that was recorded in conjunction with the adoption of SDD No. 34 had building envelopes which do not allow the construction of structures outside the envelopes. The platted building envelopes were located to lessen the impact to existing vegetation on the site and avoid steeper slopes. The current proposal would not alter that initial approval. G. A circulation system designed for 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. 34 and is currently in place. The proposed construction of the Flaum residence will continue the existing driveway which accesses the three lots. 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. The initial adoption of SDD No. 34 was a reduction in the approved density under the approved Eagle PUD which allowed for a greater preservation of the site. In addition, the plat that was recorded in 7 conjunction with the adoption of SDD No. 34 had building envelopes • which do not allow the construction of structures outside the envelopes. The current proposal would not alter that initial approval. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. There are there lots within SDD No. 34, which are owned by the two applicants. Currently, Lot B, is the residence of Mr. and Mrs. Lindstrom and they own Lot C. Mr. and Mrs. Flaum own Lot A and plan to construct a new residence on the lot this summer. The phasing of the construction on the remaining lots will not have any negative effects on the items identified in the criterion above. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council to allow for a major amendment to Special Development District No. 34, Flaum -The Valley Phase V, to increase the allowable gross residential floor area for employee housing units and associated garages within the district, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. Staff's 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 applicants' requests, staff recommends that the following finding be made as part of the motion: "The Planning and Environmental Commission forwards a recommendation of approval, to the Vail Town Council for the applicants' request of a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 34, Flaum-The Valley Phase V, to increase the allowable gross residential floor area for employee housing units and associated garages within the district, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto." X. ATTACHMENTS A. Vicinity Map B. Reduced copy of proposed architectural plans C. Public Notice e • ,~~~,~~ t THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on March 27, 2006, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special ~ ~~ Development District No. 34, Flaum -The Valley Phase V, to increase the allowable ,~ ~ ~ ~~~ square footage for employee housing units and associated garages within the district, located at 1502, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. Applicant: Jim and Cookie Flaum/Steve and Margaret Lindstrom Planner: Warren Campbell The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. 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II LL~ ' = " L I I \ II .. ~ II ~ II ~I Q Zm O z O H Q W J NW I.L Wa Q rz V Z H Q W J W '_ V ~ • r+ r• «- ~t S E a a a• II ~ j' ~' W a a 3 z O H Q W J W 6i. W ~ W o~ a a. Z H Q W J W N~ [u~'' Lf~ W • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 27, 2006 SUBJECT: A request for a recommendation to the Vail Town Council of a text amendment to Chapter 20, Annexed Areas, Vail Town Code, to amend the process for zoning district determination of annexed areas, and setting forth details in regard thereto. (PEC06-00) Applicant: Town of Vail Planner: George Ruther I. SUMMARY The Town of Vail Community Development Department has identified a need to amend the process for zoning district determination of annexed areas, as prescribed in Chapter 12-20 of the Zoning Regulations. The current process results in an inordinate amount of time due to the two step process. If approved, this amendment will streamline the process for determining zoning of annexed areas by creating a concurrent review process. The purpose of this public hearing is to present the proposed text amendment for amending the zoning determination process for the Commission's consideration. Staff is recommending that the Planning & Environmental Commission forwards a recommendation of approval of the proposed text amendment to the Vail Town Council. The criteria and findings that the Planning & Environmental Commission must consider when evaluating this request are outlined in Section V of this memorandum. II. DESCRIPTION OF THE REQUEST The Town of Vail Community Development Department is proposing a text amendment to Chapter 12-20, Annexed Areas, Vail Town Code, to amend the process for zoning district determination of annexed areas, and setting forth details in regard thereto. This amendment has been initiated by the Community Development Department in an effort to streamline and expedite the process for determining zoning of annexed areas. If approved, an application for zoning of annexed areas will be able to be considered simultaneously with an application for annexation. Presently, according to Section 12- 20-4, Zoning District Determination, Vail Town Code, an application for zoning of annexed areas shall only occur after the effective date of the annexing ordinance. Upon the adoption of the proposed amendment, the Zoning Regulations will no longer preclude the two ordinances (zoning and annexing) from being reviewed at the same time. M , The proposed amendments are indicated in bold (additions) and str+lce-tf~eagk~ (deletions) as follows: CHAPTER 20 Annexed Areas 12-20-1: APPLICABILITY: This Title shall be applicable to any area annexed to the Town subsequent to the effective date hereof. aa~+ ~^^'^^ ~~°+r:£+~ ~1,~G11 h° ;^;+;°"„ ;.,.,^^°°a ~n fra znr:~ceza ~ as ;thin {!ae-~inas ~ essr+bed in tt~s annex+ag-sr•'inanse and in accordance with the provisions of this Chapter. (Ord. 23(1974) § 3: Ord. 8(1973) § 22.100) 12-20-2: ZONING DISTRICTS IMPOSED: An annexed area shall be divided into one or more zoning districts as established by Section 12-4-1 of this Title. An application for the imposition of zoning on the annexed area may be considered in conjunction with the annexing ordinance at any time after a petition for annexation has been found to be valid in accordance with CRS 31-12-107. The proposed zoning ordinance shall not be passed on final reading prior to the passage of the annexing ordinance on final reading. If an application for zoning determination is not reviewed in conjunction with the annexing ordinance, a final zoning district determination must be made within ninety days of the effective date of the annexing ordinance. (Ord. 13(1974) § 3: Ord. 8(1973) § 22.201) 12-20-3: DESIGNATED ON ZONING MAP: The zoning districts imposed on an annexed area shall be shown on a map which shall become an addition to the Official Zoning Map adopted by Section 12-5-1 of this Title. (Ord. 23(1974) § 3: Ord. 8(1973) § 22.202) 12-20-4: ZONING DISTRICT DETERMINATION: A. Hearing Date:--After +.he-°Rea+~~dat~sf an,-z.,;;~c~--erg'?r~anss, +.he-T~wr~ Geees;l ",met+on shQII ~'~r° °lann++~g ans~ Env+renmcn+a C~r:ii.~ci^^ +^ ~°+ ., ,~.,+° fer G publ+~k~Earing--te-sensi~sr +.l~e-~~nin^ ~'~~+r,,,+~ +^ ha ir:ipes~ed-cn the ar.,n°~~-a,~-. The date of the public hearing for consideration of zoning on the annexed area shall be set in accordance with the applicable provisions of Chapter 3 of this Title. B. Notice; Conduct Of Hearing: Notice shall be given, the hearing shall be conducted, and a report of the Planning and Environmental Commission stating its findings and recommendations shall be transmitted to the Town Council in accordance with the applicable provisions of Chapter 3 of this Title. • • C. Council Action: Upon receipt of the report of the Planning and Environmental • Commission, the Town Council shall determine the zoning districts to be imposed on the annexed area in accordance with the applicable provisions of subsections 12-3-7F and G of this Title. 2 ~~ D. Ordinance Enactment: The determination of zoning district by the Town Council shall be made through its enactment of an ordinance imposing zoning districts on the annexed area. (Ord. 23(1974) § 3: Ord. 8(1973) §§ 22.302-22.304) III. BACKGROUND On August 7, 1973, the Vail Town Council enacted Ordinance No. 8, Series of 1973, adopting the Zoning Regulations for the Town of Vail and dividing the Town into twelve zone districts as shown on the Official Zoning Map of the Town of Vail. On November 12, 1974, the Vail Town Council enacted Ordinance No. 23, Series of 1974, an emergency ordinance amending the Zoning Ordinance through the addition of provisions to make it applicable to areas subsequently annexed to the Town and for the imposition of zoning districts on annexed areas. The emergency ordinance was a result of the Bighorn Annexation in East Vail in 1974. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text • amendment application, pursuant to Section 12-3-7, Amendment, Vail Towri Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. REVIEW CRITERIA 3 The review criteria and factors for consideration for a text amendment application are • established by the provisions of Section 12-3-7, Amendments, Vail Town Code. 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, The general and specific purposes of the Zoning Regulations are prescribed in Section 12-1-2, Purpose, of the Vail Town Code. The following purposes are listed in Section 12-1-2, "General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and • loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for fhe growth of an orderly and viable community." As this request is for an amendment to the process for imposing zoning on annexed areas, Staff believes that each of the above-described purposes of the Zoning Regulations is applicable. As such, this amendment furthers the purposes of the Zoning Regulations. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, • This text amendment, as proposed, is an effort to streamline and expedite the process for determining zoning of annexed areas. If approved, an application for zoning of annexed areas will be able to be considered simultaneously with an 4 .~ • application for annexation. For this reason, staff believes that the text amendment better implements and better achieves the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and, A review of the Colorado Revised Statutes revealed that pursuant to CRS 31-12- 115, in part, An annexing municipality may institute the procedures outlined in the state statutes of municipal charter to make land subject to zoning at any time after a petition for annexation or a petition for an annexation election has been found to be valid. Staff believes that this amendment continues to provide the Town with full review and discretion over the adoption of a zoning ordinance of annexed areas yet creates efficiencies in the review process. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, If approved, this amendment allows an application for zoning to be considered simultaneously with an application for annexation. As previously mentioned, the present regulation only allows for the determination of zoning of an annexed area • to be considered after the effective date of the annexing ordinance. Staff believes that this amendment will streamline and expedite the review process for determining zoning of annexed areas. If approved, this amendment allows the Planning and Environmental Commission and the Town Council to review the application for annexation and the application for zoning concurrently. Staff believes that given the nature of annexations, it only seems logical to also discuss the subsequent zoning of the annexed area at the same time. 5. Such other factors and criteria the Commission and/or Council deems applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends that the Planning & Environmental Commission forwards a recommendation of approval of the text amendment to Chapter 12-20, Annexed Areas, Vail Town Code, to amend the process for zoning district determination of annexed areas, and setting forth details in regard thereto to the Vail Town Council. Staff's recommendation of approval is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning & Environmental Commission choose to forward a recommendation of approval of this text amendment to the Vail Town Council, staff recommends that the following finding be made as part of the motion, • "Upon review of the text amendment to Chapter 12-20, Annexed Areas, Vail Town Code, to amend the process for zoning district determination of annexed areas, and setting forth details in regard thereto, the Commission finds that the 5 ~~ amendment complies with each of the criteria listed in Section V of the • memorandum to the Planning & Environmental Commission, dated March 27, 2006." • 6 • .. i 1C}i~NOFVAI~;. PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING March 13, 2006 PROJECT ORIENTATION -Town Council Chambers -PUBLIC WELCOME MEMBERS PRESENT Anne Gunion Doug Cahill George Lamb Rollie Kjesbo Bill Jewitt Chas Bernhardt Site Visits: There were no site visits Driver: George LJ C Public Hearing -Town Council Chambers 12:00 pm 2:00 pm A request for a recommendation to the Vail Town Council of an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership Planner: Warren Campbell ACTION: Tabled to March 27, 2006 MOTION: Jewitt SECOND: Lamb VOTE: 6-0-0 Elisabeth Eckel gave a presentation introducing the goals of the work session. Jay Petersen, representing Vail Resorts, summarized what he wanted to accomplish at this work session. He began by stating that everyone has agreed that a ski lift would be appropriate for this location. Now it is time to figure out the details of implementing the proposed ski lift. Ideas such as the relocation of the South Frontage Road and incorporation of a parking structure, housing, traffic circulation, etc. are all important aspects of the proposal. Through this amendment he hopes to lay out a road map for future development, not establish a development plan. Believes this ski lift would not bring a greater number of skiers to Town but it would disperse them differently over the four portals. Mr. Petersen summarized that the PEC, from the February 13, 2006, meeting generally felt it was beneficial to relocate the entire length of the South Frontage Road, maintain and enhance Red Sandstone Creek, include employee housing (the impact of Timber Ridge redevelopment was discussed), the Simba Run underpass should not be precluded form happening, elements of transit and traffic circulation were identified as needing to be addressed, a management plan for the public parking facility (whether owned by VR or Town, what is usage of structure in the summer), retail and office should have no net loss MEMBERS ABSENT David Viele Page 1 but more needs to be studied regarding the success of more retail in this area (study connection to Lionshead core and retail success in the summer). He concluded by turning the presentation over to Tom Braun. • Tom Braun, representing Vail Resorts, discussed how he went about looking at the proposed text amendments to the Lionshead Redevelopment Master Plan. He proceeded by going through each. of the ten goals identified by the West Lionshead Committee and how these goals are addressed in the text amendments that would be proposed. Jim Lamont, representing the WHA, believes that skier drop-off needs to be addressed and some general language regarding the system-wide need for skier drop-off. He continued by stating his desire to see a night club/bar component of the retail which would be proposed. Discussed building massing and the need to eliminate the historic grade for calculating building height. Discussed the summer/winter confusion and the need to balance the seasons in terms of economic production. Residential should balance with the office/retail proposed to help this be a economically viable in all seasons. Discussed the "link" needed between the Lionshead Core and the potential new retail established in West Lionshead. The need for integrating "locals" housing into ~ this area to provide the critical mass of people to create activity and economic vitality. The Commission generally discussed concern that the term employee housing had been stricken. Suggested there may be a way to intersperse employee housing through out the project. Employee housing could be free market deed restricted units, rental units etc. Discussed whether or not the Timber Ridge redevelopment should be mentioned in the Master Plan and the strong need for the Simba Run underpass. There is a need to get more clarity on the size of the parking structure in terms of number of parking spaces. The Commission wanted to explore the feasibility of an express bus which only stops at the major portals. Agreed with • Jim Lamont that there needs to be a viable skier drop-off. The Town Staff needs to get specifics on the transit component. Still a concern about the retail mix and its viability when most of the project will possibly be condominiums. Some members believe that including a large number of employee housing units in a ski-in ski-out project is difficult. Mentioned that a pay in-lieu program would be beneficial. Discussed how the buildings would be taller along the South Frontage Road and scale/step down to the Gore Creek. Mentioned that this might be the last opportunity to break up ski schools so one location like Golden Peak is not overwhelmed by the traffic. 2. A request for a final review of a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC05-0080) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Tabled to April 10, 2006 MOTION: Lamb SECOND: Jewitt VOTE: 6-0-0 3. Approval of February 27, 2006 minutes MOTION: Jewitt SECOND: Bernhardt VOTE: 5-0-1 (Kjesbo obstained) 4. Information Update Conference ;Center Fund Reallocation • Page 2 The Commission asked that a presentation be provided on the method of calculating height so a discussion can occur to resolve whether or not it is accomplishing what the Town wants. Also • asked for a report on the traffic issues at the Golden Peak. 5. Adjournment MOTION: Kjesbo SECOND: Jewitt VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published March 10, 2006, in the Vail Daily. L' • Page 3 • PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE 1567 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING March 27, 2006 PROJECT ORIENTATION -Town Council Chain- ~ hers -PUBLIC WELCOME 12:00 pm MEMBERS PRESENT MEMBERS ABSENT SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has Published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated March 24 A.D. 2006 and that the last publication of said notice was in the issue of said newspaper dated March 24 A,D. 2006. In witness whereof has here unto set my hand this 28th day March, 2006. Pu er ener~l' er/Editor g Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this zsm day of March, ?006. .~~~~• P Ue~~C O: '• z• ' Mr~~ SGNUL •. q~ ~ ~~ .._.~ 1 ~~ P~mela Joan Schutt Notary Public My Commission expires: November 1, 2007 Site Visits: 1. Flaum Residence - 1502, 1601, and 1631 Buffehr Creek Road Driver: George Public Hearing -Town Council Chambers 2:00 pm 1. A request for a recommendation to the Vaii Town Council, pursuant to Section 12-gA- 10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Sppeeccial Developpment District No. 34, Flaum, The Valley Phase V, to increase the gross residential floor area for employee housing units and associated garages within the district, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and settinngg forth details in regard thereto. (PECO6-OOt3) Applicant: Jim and Cookie ~ FlaunVSteve and Margate! Lindstrom Planner: Warren Campbell I~ ACTION: MOTION: SECOND: -VOTE: I 2. A request for a recommendation to the Vail Town Council of a tent amendmem io Chapter 12-20, Annexed Areas, Vail Town Code,j pursuant to Section 12-3-7, Amerxfinent, Vail ' Town Code, to amend the process for zoning dis- trill determination of annexed areas, and setting forth details in regard thereto. (PEC06-0014) q~phwM: Town of Vail Planner George Ruttier ACTION: MOTION: SECOND: VOTE: 4. R request for, a recommendation to !'fit" 7 • • • the Vail Tam Council of an amendment to the Li- onshead Redevelopment Master Plan, pur- suant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Mas- ter Plan, to amend the Lionshead Studv Area Boundaries and Chapter 5, Detailed Plan ecam- mendations, to include the study'West Lionshead' area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road WesULot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Fil- ing 2, and several unplatted parcels (a more complete legal description is available at the Com- munily Development Department), and set- ting forth details in regard thereto. (PECO6-0008) Applicant Vail Resorts Develoopp- ment Company, Town of Vail, and Glen Lyon Of- fice Building General Partnership Planner: Warren Campbell ACTION: Tabled to April 10, 2006 MOTION: SECOND: VOTE: 5. A request for a final review of a final plot, ppursuant to Chapter 13-4, Minor Subdivision, Vail Tiwn Code, to allow for a resubdivision of Lot 4, Lion's Ridge Filing 2, to create lots 4A and 48, located at 1401 Lion's Ridge Loooopp~ and setting forth details in regard thereto (PECO6- ~~ Applicant: Richard and Jane Hart, i rep..;,,~...~J bV Victor Mark Donaldson Architects Planner: Matt Gennett ~, ACTION: WITHDRAWN '~ 6. roval of March 13, 2006 minutes MOTION: SECOND: VOTE: 7. trrformation Update B. Adjournment MOTION: SECOND: VOTE: The applications and information about the propos- als are available for public ~..~.~..::.... Burins regu: lar office hours at the Town of Vail Communtty DDee ~ ::. ~ - it Department, 75 South Frontage Road. The public rs,mvrted to attend the project orreMa- tion and tfre ante visits tt~t • ttre pudic hear- ing in the Town of Vai t:ommunity C: ,',,r. ; Department. Please call (970) a7s-z138 for ado- , iMormation. Sign language interpretation is availade upon re- quest with 24-hour nofrfication. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Commun'~y lhveiopneM Department Pudistled March 24, 2006, in the Vail Daity. 1565 , PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has Published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated March 11 A.D. 2006 and that the last publication of said notice was in the issue of said newspaper dated March 11 A.D. 2006. /~ In witness whereof has here unto set my hand this 23rd day March, 2006 ~ i~ier/G~riera anager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this z3ra day of March, 2006. SPRY PU:g~ =O.•' '•..C~ pAMEIA ~• • SCHUL~ V`~ ~.W ONNOD jpNNO_~O a~m3~-N m3<~3m m ~mco. Pico oS~.g'cn m c H ~ ~ ~ F~A~ mc~^!'~~ ~'i~ om a ammowoo ~n~3< ~D ago nay^^mmQ~mm <fDja~ nm n.,., m m~u.j3n °--'-~~~Z phi p.4 ~~mm~Nj 3~m~~ ma m, v<v°g>s mwmf~ 9 ym O~OOm WNf=j 9 < ~s ~~ f Dd. a$m <- m oo~~ 3- 9 md~ ~ ~~ °m `m'id?~ Sd~£'a m ~ W W m ~~ m D. `w_. ~ QO m N o~ d Q _O °3 ?; ~ O m ~ ~" D' O O ~ C o. ~~ ~v ~O -'O % NK ~~ ~ mD W0 ~ m ~n^O., Vance ~~~m~i D-m my3m~,~ y m!~ O m m~ wNam.~Sm °~ nom=mm m ~ N j^ 0 0 0 77~ BOO Cj a3 S- ~°E. 33 ~-.mom-nmm ~ agog.»m ~m» 0 0 am C 3, y30.y~0 -.~N^N? 41 m^' ~ ~OOON< ~ y NNE mmm-D° a?ate?~ m n~i'o°om ; ?~V ~aQ mmwm°r _.., ~m~~om r"yy~ c y o, ,. CN L~ nN .. m ~ 3 ~ m3ym~~~ ~ ~ d m O N aRd J: v n'mm~ m $O~a , _ ~ fir, N N 7i T ~ m C m ~ j N m o. ? y 2m i a rn~ x c ~~e~ o< ~ ovo <N per. -.mom. m `° '~- v N~ om 3Nw~ . ~ N <y ~~N y'' ~ n o~F~ . ~ dn~~ J ~ ? 3 ~ ~ ' ' ~ 1 m ~O .m ~ r 7~~~r t ~~51 ~ ~~ o=n~N~ .. %' Pamela Joan Schultz O ~ ;a A ~' ~ ~a ~~ ~; N ° ~ D ~ `' Notary Public $ =m w o ~ m ~3m ~o ~j~3 My Commission expires: November 1, 2007 < ~ ~ am m m ~; m. O _ ~m ~cmi~ ea=~-.o _. o ~go.'Z~ °-' aim °-'m'om-i~~ °-~n~ °3-{ma3 oom' mO m m~.~mn~ 1563 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has Published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision, That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of-1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated March 10 A.D. 2006 and that the last publication of said notice was in the issue of said newspaper dated March 10 A.D, 2006. In witness whereof has here unto set my hand this 23rd day March, 2006. n / ~ Pub General Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 23rd day of March, 2006. '~~-~~~ P Ue~~~ • F ~ •° '•. _• e ~, • ~Cr~ . p G .,~ ; SCHU1. • ' e8 ~q~•OF Cd`~ --~ , -~ ~ ,~ Padxela Joan Schultz Notary Public My Commission expires: November 1, 2007 .7 THIS REM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vatl wNl hold a public hearing in accordance with section 12-3-6, Vail Town Code, on March 27, 2006, at 2:00 pm in the Town of Vail Municipal Building, in consii . ,... of: A request fora :.. ..:.:..;on ro the Vail Tam Council, pursuant ro Section 12-9A-10, Amend- ment Procedures, Vafl Town Code, to allow for a major amendment to Special Development District No. 34, Flaum -The Valley Phase V, to increase the allowable square footage for employee housing units and associated garages within the district, lo- cated at 1502, 1607, and 1631 Buffehr Creek RoadlLots A-C, The Valley Phase V, and setting forth details in regard thereto. Applicant: Jim and Cookie Fiaum/Steve and Margaret Lindstrom Planner: Warten Campbell The applications and information about the propos- als are available for public inspection during office hours at the Town of Vail Community Development ' Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Commun'~ty Development Department. Please cal! 970-47$-2138 for additional informa- tion. Sign languagge interpretation is available upon re- quest, wah 24-hour noYrficafion, Please call 970- 479-2356, Telephone for the Hearing Impaired, for information. Published March 10, 2006, in tha Vail Daily j PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • .. April 10, 2006 TI7W,~~'t)F Yit1l' PROJECT ORIENTATION -Town Council Chambers -PUBLIC WELCOME 12:00 pm MEMBERS PRESENT Site Visits: MEMBERS ABSENT 1. Gore Creek Plaza Building - 193 East Gore Creek Drive Driver: George Public Hearing -Town Council Chambers 2:00 pm 1. Swearing in of Rollie Kjesbo, Anne Gunion, Dick Cleveland and Bill Pierce by Lorelei Donaldson, Town Clerk • 2. Election of Chair and Co-Chair and Appointment of representative for AIPP and Open Space Committees 3. A request for a final review of a variance, from Section 12-6C-8, Density Control and Section 12- 6D-6, Setbacks, Vail Town Code, to allow for a residential addition (garage, entry, and elevator), located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Valley Filing 1, and setting forth details in regard thereto. (PEC06-0017) Applicant: Robert Stephenson, Jr., represented by Snowdon Hopkins Architects Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 4. A request for a final review of a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC05-0080) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: MOTION: SECOND: ~ VOTE: • Page 1 f 5. A request for a final review of a minor exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vai! Town Code, for the addition of enclosed floor area, . located at 193 East Gore Creek Drive/Lot 5B, Block 5, Vail Village Filing 1, (Gore Creek Plaza Building), and setting forth details in regard thereto. (PEC06-0018) Applicant: Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects Planner: Elisabeth Eckel Reed ACTION: MOTION: SECOND: VOTE: 6. A request for final review of an appeal of an administrative action, pursuant to Section 12-3-3, Appeals, Vail Town Code, appealing a staff determination that an observatory is not an architectural feature allowed to extend above the building height limit, 1979 Sunburst Drive/Lot 12, Vail Valley Filing 3, and setting forth details in regard thereto. (PRJ05-0417) Applicant: Ned Gwathmey and Todd Kramer; Gwathmey, Pratt, Shultz Architects Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 7. A request for a recommendation to the Vail Town Council of an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership Planner: Warren Campbell ACTION: Tabled to April 24, 2006 MOTION: SECOND: VOTE: 8. A request for a final review of a variance, from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a new single family residence within the front and side setbacks, located at 1740 Sierra Trail/Lot 22, Vail Village West Filing 1, and setting forth details in regard thereto. (PEC06-0015) Applicant: Lois Solis, represented by Michael Suman Architect Planner: Matt Gennett ACTION: Tabled to May 22, 2006 MOTION: SECOND: VOTE: 9. Approval of March 27, 2006 minutes MOTION: SECOND: VOTE: 10. Information Update 11. Adjournment MOTION: SECOND: VOTE: • Page 2 t Y The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published April 7, 2006, in the Vail Daily. • • Page 3 '1 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 10, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC06-0012) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther I. SUMMARY The applicant, Timberline Roost Lodge, L.L.C., is requesting a final review of an existing grades topographic map for Lots 9 -12, Buffehr Creek Subdivision. The • existing grades topographic map will be used by the applicant and staff to determine compliance with building height regulations. II. DESCRIPTION OF THE REQUEST The applicant, Timberline Roost Lodge, L.L.C., is requesting a final review of an existing grades topographic map for Lots 9 -12, Buffehr Creek Subdivision. The existing grades topographic map will be used by the applicant and staff to determine compliance with building height regulations. The Planning and Environmental Commission is being asked to approve, approve with modifications, or deny the final review of the existing grades topographic map for Lots 9 -12 Buffehr Creek Resubdivision. III. BACKGROUND The Roost Lodge was originally constructed in the early 1970's as a motel project. The existing lodge contains 72 hotel rooms, one dwelling unit, and a paved surface parking lot. According to the Town's files, with the exception of minor applications for repainting, new deck rails, reproofing, etc., the Roost Lodge has seen no significant modifications since its original construction. On November 14 and 28, 2005, the applicant appeared before the Planning & Environmental Commission with a request to amend the text of the Public • Accommodation zone district to allow accommodation units to include kitchen facilities, as a conditional use in the district. Upon consideration of the request, the Commission directed staff and the applicant to prepare an amendment which .~ would result in the creation of a new zone district purposefully intended to allow • accommodation units to include kitchen facilities in certain areas of Town. On December 6, 2005, during the PEC/DRB update to the Vail Town Council, staff informed the Town Council of the recent discussions with the Planning & Environmental Commission regarding the text amendment and the creation of a new zone district. The Town Council acknowledged that the intent of the proposed text amendment may have merit, however, encouraged the staff and Commission to evaluate other options. For example, the possibility of creating a new conditional use with use specific criteria addressing the relationship of the use to other neighboring uses and development objectives of the Town or the elimination of the prohibition against kitchen facilities in accommodation units. The Town Council expressed that it may be appropriate to re-evaluate the legislative intent of the current land use policy prohibiting kitchen facilities in accommodation units. On December 20, 2005, the Community Development Department presented five possible options for addressing the applicant's desire to construct a lodge containing accommodation units with kitchen facilities. Following discussion of the various options, the Council directed staff to prepare a text amendment to Title 12, Zoning Regulations, proposing the creation of the Public Accommodation-2 (PA-2) district. On January 9, 2006, the Town of Vail Planning & Environmental Commission held a public hearing on a text amendment application creating the Public • Accommodation-2 district and a request to rezone Lots 9-12, Buffher Creek Resubdivision to the new PA-2 district. Upon consideration of the application, the Commission voted 6-0-0 to forward a recommendation of approval of the text amendment to the Vail Town Council. On January 17, 2006, the Vail Town Council held a first reading on Ordinances 2 & 3, Series of 2006, creating the Public Accommodation-2 district and rezoning the Timberline Roost Lodge development site to the new PA-2 district, respectively. Following discussion on each ordinance, the Town Council approved both ordinances on first reading. On January 18, 2006, the Town of Vail Design Review Board held a conceptual review meeting to review the revised major exterior alteration application for the Timberline Roost Lodge. On February 7, 2006, the Vail Town Council approved Ordinances 2 & 3. On February 27, 2006, the applicant appeared before the Town of Vail Planning and Environmental Commission for a final review of a major exterior alteration application to redevelop the Roost Lodge. Upon review of the application, the Commission voted to table the final review of the application to a later date, at the applicant's request. On April 4, 2006, the Community Development Department made a presentation . to the Vail Town Council demonstrating how compliance with the Town's building height regulations is determined. Following the presentation by staff, the Town Council directed staff to prepare an amendment to the Zoning Regulations further 2 ., clarifying the intent of the Town's building height regulations. The Council did not request changes to the methods used to determine building, however. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves the final review of an existing grades topographic map of Lots 9 -12, Buffehr Creek Subdivision. The existing grades topographic map will be used by the applicant and staff to determine compliance with building height regulations. Should the Planning and Environmental Commission choose approve this request, the Department of Community Development recommends the Commission passes the following motion: "The Planning and Environmental Commission approves the final review of an existing grades topographic map for Lots 9 -12, Buffehr Creek Subdivision. " Should the Planning and Environmental Commission choose to approve this request, the Department of Community Development recommends the Town Commission makes the following findings: .7 "Based upon the review of the Roost Lodge Existing Grades Topographic Map dated April 1 D, 2006, and the evidence and testimony presented, the Planning and Environmental Commission finds: "That the applicant has proven to the satisfaction of the Commission that the Roost Lodge Existing Grades Topographic Map is an accurate interpretation of the topographic conditions of the development site prior to construction. The Map shall be utilized by the Community Development Department to determine compliance with the Town's adopted building height regulations. " • ~r • ~\ 7 °~=~gL.4 ~ ~ ~ o \.l ... i~ y J A~E '~SLk ~'Y 4..-i~ 1_ ~ gg gJ y R r~ ~ 4 F B \~ , ! T~ a "$~6 ~42~l~ a Ss ',~BFe m ~ ~ 7 a s; i za y n ~~~'s ppa ~~i~ ~g~gYy~s F ~ ~°ye ~~, ~~ , , ~ _ . - ~ f ~ ~ - ~ o ` \\ \ ~~~ ~\ o'\ \ ` o \ \~~ o 111 ~`Z ~1 0 ~~ o 0 ~~ ~~ o ~ Q" .~ 1, 7Qw/~ • ~ \ ~~ Cw v'C x ~ a r a_ <u c - '~~ ~ ~ ~ Y - :y L '-' '? x O ' ,~ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 10, 2006 SUBJECT: A request for a final review of a variance from Density Control, and Section 12- 6C-9, and Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06- 0017) Applicant: Robert Stephenson, Jr., represented by Snowdon & Hopkins Architects Planner: Bill Gibson • I. SUMMARY The applicant, Robert Stephenson, Jr., represented by Snowdon & Hopkins Architects, are requesting a variance from Section 12-6C-8, Density Control, and Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1. Based upon Staff's review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends denial of the site coverage variance request and denial of the GRFA variance request subject to the findings noted in Section IX of this memorandum. Il. DESCRIPTION OF REQUEST The applicant, Robert Stephenson, Jr., represented by Snowdon & Hopkins Architects, is proposing to construct a new entry and elevator addition to Unit 18A. The applicant is requesting a GRFA variance for an additional 320 sq. ft. (the structure currently exceeds the allowable GRFA limits), and a site coverage variance for an additional 144 sq. ft. The applicant's revised architectural drawings have been attached for reference 4Attachment A). III. BACKGROUND This two-family residence was originally approved by the Design Review Board in 1976 and construction was completed in 1978. The original approved architectural plans blend the overlapping garage level (finished floor elevation 8267') and the mechanical level (finished floor elevation 8277') into one "basement plan" even though these levels are separated by a floor-to-floor measurement of 10 feet. According to the Town of Vail's records, this structure was originally allowed 5,261 sq. ft. of GRFA. However, 5,491 sq. ft. of GRFA was constructed and a final certificate of occupancy was issued. Therefore, in 1978 this structure exceeded the allowable GRFA by 230 sq. ft. It is unclear how the GRFA was calculated for this structure at that time. At some point in time a party wall was constructed to separate the garage level parking spaces, and a portion of the garage level located directly below the storage room on the mechanical level was converted from a parking space into a storage room (i.e. GRFA). On June 24, 1991, the Planning and Environmental Commission approved a front setback variance to allow for the construction of an additional garage bay to the east of the existing garages. This proposed garage encroached 12.5 feet into the 20 foot setback; however, this addition was never constructed. Even though the Town's GRFA regulations had been amended several times since 1978, GRFA calculations were not done at the time of this variance approval. In 1999, allowed and existing GRFA calculations were conducted. According to Town of Vail records, the allowable GRFA in 1999 for this lot was 5,205 sq. ft., plus each unit was eligible for one "250 Addition" for a total of 5,705 sq. ft. However, the existing GRFA calculations (including a "250 Addition" for the Schofield residence) were 6,393 sq. ft. Therefore in 1999, this structure exceeded the allowable GRFA calculations by 1,188 sq. ft. and 688 sq. ft. when two "250 Additions" were included in the calculations.. It is unclear how the GRFA was calculated in 1999, but it appears that no portion of the garage level or mechanical level (shown on a single "basement plan" drawing) was counted as GRFA; even though the entire mechanical level qualified as GRFA and the unapproved garage level storage room also qualified as GRFA. Recalculating the garage and mechanical levels using 1999 GRFA methods, the structure has 7,500 sq. ft. of GRFA. Therefore, in 1999 this structure exceeded the allowable GRFA (plus two "250 • Additions") by 1,795 sq. ft. In 2004, the Town's GRFA regulations were again amended. Under these new regulations, this property is now allowed 7,286 sq. ft. of GRFA. The existing structure, including the appropriate portions of the garage level and the appropriate portions of the mechanical level, has 8,801 sq. ft. of GRFA. The existing structure exceeds today's allowable GRFA by 1,515 sq. ft. The applicant is currently proposing to add an additional 466 sq. ft. of bedroom, entry, and elevator GRFA, thus proposing to exceed the current GRFA limits by 1,981 sq. ft. (approximately 27%). On July 25, 2005, the Planning and Environmental Commission approved setback, GRFA, and site coverage variances to construct a garage addition and widen the driveway for Units 18A (Stephenson) and 18B (Schofield); plus construct a new entry, elevator addition and a new exterior stair case for Unit 18A. At its August 2, 2005, public hearing the Vail Town Council "called-up" this Planning and environmental Commission decision. On September 6, 2005, the Town Council upheld the Commission's approval of a setback variance to accommodate the construction of the proposed garage addition. However, Council overturned the Commission's approval of a GRFA and site coverage variance to accommodate the construction of the entry and elevator additions. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, variance applications will be reviewed by the Planning and a Environmental Commission, and then any accompanying design review application will be reviewed by the Design Review Board. 2 Planning and Environmental Commission: The Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of a variance application, in accordance with Chapter 12-17, Variances, Vail Town Code. Design Review Board: The Design Review Board has no review authority over a variance application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. • V. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Article 12-6C: Two-Family Residential (R} District (in part) 12-6C-1: PURPOSE: The two-family residential district is intended to provide sites for low density single-family or two-family residential uses, together with such public facilities as may be appropriately located in the same district. The two-family residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single- familyand two-family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. 12-tiC-8: DENSITY CONTROL: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing • lots less than fourteen thousand (14,000) square feet. 8. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10,000) square feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15, 000) square feet, not exceeding thirty thousand (30, 000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30, 000) square feet. 12-6C-9: SITE COVERAGE: Site coverage shall not exceed twenty percent (20%) of the total site area. Chapter 12-17: Variances (in part) 12-17-1: Purpose: A. Reasons for Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. VI. SITE ANALYSIS Address: Legal Description: honing: Land Use Plan Designation: Current Land Use: Lot Size: Standard Setbacks (min): Front: Sides Rear: Height (max.): 1448 Vail Valley Drive Lot 18, Block 3, Vail Valley Filing Two-Family Residential Low Density Residential Two-Family Dwelling 21,045 sq. ft. (0.48 acres) Allowed/Reauired Existina 20 ft. 20 ft. 15 ft. 29 ft./ 21 ft. 15 ft. 53 ft. 30 ft./33 ft. Proposed 17.5 ft. 22 ft./ 21 ft. no change • • L~ 4 • Density (max): 2 dwellings 2 dwellings no change GRFA (max): 7,286 sq. ft. 8,806 sq. ft. 9,126 sq. ft. (+320 sq. ft.) Site coverage (max.): 4,209 sq. ft. 4,194 sq. ft. 4,338 sq. ft. (+144 sq. ft.) VII. SURROUNDING LAND USES AND ZONING Land Use Zonina North: Residential Two-Family Residential South: Mixed Use N/A (White River National Forest) East: Residential Two-Family Residential West: Residential Two-Family Residential VIII. CRITERIA AND FINDINGS The review criteria for a request of this nature are established .by Chapter 12-16, Vail Town Code. A. Consideration of Factors Reaardina Variances: The relationship of the requested variance to other existing or potential uses and structures in the vicinity. This proposed addition is associated with a remodel of an existing legally non-conforming residence. The applicant is requesting a site coverage • variance for an additional 144 sq. ft. and a GRFA variance to allow an additional 320 sq. ft. Since the structure is already non-conforming, Staff does not believe the proposed GRFA variance request and site coverage request are in keeping with the bulk/mass and general character of the neighboring properties. 2. The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without a grant of special privilege. This existing residence currently exceeds the allowable site coverage and GRFA for the site. The applicant is proposing the addition of a new entry and elevator that will further increase the non-conformity of this property. Staff does not believe deviations from the site coverage and GRFA regulations to this degree are in keeping with the bulk/mass and general character of the Two-Family zone district. Therefore, Staff does not believe the proposed site coverage and GRFA variance requests are in keeping with the bulk/mass and general character of the neighboring properties. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and • utilities, and public safety. Staff does not believe this proposal will have a significant impact on the • public health, safety or welfare, public facilities, utilities, or light and air in comparison to existing conditions of the site. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. The Planning and Environmental Commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions • applicable to the same site of the variance that do not apply generally to other properties in the same zone. c. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. IX. STAFF RECOMMENDATION Site Coverage Variance The Community Development Department recommends denial of a variance from Section 12-6C-9, Site Coverage, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: The Planning and Environmental Commission denies the applicant's request for a variance from Section 12-6C-9, Site Coverage, pursuant to Chapter 12- 17, Variances, Vail Town Code, to allow for a residential garage addition, located at • 1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1, and setting for details in regard thereto. 6 • Should the Planning and Environmental Commission choose to deny this variance request, the Community Development Department recommends the Commission makes the following findings: The Planning and Environmental Commission finds: 1. The granting of this variance will constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two-Family Residential District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. b. There are no exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same district. • c. The strict interpretation or enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Density Control Variance The Community Development Department recommends denial of a variance from Section 12-6C-8, Density Control, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a residential addition, located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: The Planning and Environmental Commission denies the applicant's request for a variance from Section 12-6C-8, Density Control, pursuant to Chapter i2- 17, Variances, Vail Town Code, to allow for a residential garage addition, located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Village Filing 1, and setting forth details in regard thereto. • Should the Planning and Environmental Commission choose to deny this variance request, the Community Development Department recommends the Commission makes the following findings: 7 The Planning and Environmental Commission finds: 1. The granting of this variance will constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two-Family Residential District. 2. The granting of this variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. This variance is warranted for the following reasons: a. The strict literal interpretation or enforcement of the specified regulation would not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. b. There are no exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same district. r: c. The strict interpretation or enforcement of the specified regulation would not deprive the applicant of privileges enjoyed by the owners of other • properties in the same district. X. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Site Photographs D. Architectural Plans E. Public Notice • 8 0 N O \ - - . ee. ~~ ~, ~ .,1~~~~~~ ~Dl~ ~~ ~~ ~~ ~~~~ ~~G~ Attachment: B Gu ~c/ a ~~ ~c~~ -rev /~~ ~~ wrs~G~ ~ ~q~' ~~~~ ~ ~ ~9 IB~~ ~~ aid 4~~ e uQ~. G~ ~ ~ iau~ ~ ~!~ a~~~~ ~~a~~~~. ~~kkp~r~s, fie! JQ s • PO Box 3340 • Vail, Colorado 81658 Phone: 970-476-2201 Fax: 970-476-7491 Attachment: C • :y~i. F' ~ µ :A ~~ S • >~ ~ ~. ,, ; ~., ~.~KT""~ .~1~ -. ~'~ • ._~ ' ~,,~: -~ ~`~'. ; 4 ~. ~~~ •- rt~ i~k yy',~~~~ t '; r '..lV, ,i .'S Y'~i ' ~ ~~ Y ~"~ 7 M ~ ~~ w ~ .._. ~. ~.. • • Attachment: D ~' ~, v x I~ ~~ o _~ I~ V '°°"'^'°°` Zso' STE~~~ RESIDENCE 1D ~~,,, tl3-,3-tl6 LOT 18, BLOCK 3, VAIL VALLEY FIRST FILING j ~ v~ yuentittu ~~ ~~ VAI~.6, COLORADO Snowtlon and Hopkins • P,rchileds, P.C. ~ r.o.e.. sew urwrsuoi v.n. cama. sisse r~x ner.e~ f i I ;;'~ Q i I ~' i, ~ i f i I ~ ry r .~ D I «I C ~ 3 ~ ; i' ~~ ' g it-- I A Y r R ~ ~ ~ ~ Lemt~; aa.Nntd~um~n~ d ~ I ~o'd I~ I ~~ VIII ? 11 X1111 • • ~ '°°"'"'~°' zs°' ~ STEPHENSON RESIDENCE c~ 03.13•D6 ~ ~ Snowtlon and Hopkins • Architects, P.C. VAN, Cdor~0o Bt6p! iA%1]6)~pt N i PEC SUBMITTgL ~ LOT 18, BLOCK 3, VAIL VALLEY FIRST FILING `° ~° "'° p""~"°' VAIL, COLORADO p~ I I ~3F I N S ~ ~ } e . ; Lei a 'S2 ~'~ ~ s ~ c Fli • _______ __,__-___ f ~-= -~ 1 F_._ f ~ a ~ i ---- • ~ ~. ~ r a T N aw ~ ~ i uo I _ - a---- _ _-,_.._t_ _ ~~ ' ~ \\\~ I - ,~ ~~ .__ _ i ~_ -°--_1_ ~~~ ,_ ~~~ I~~ '; ~ i ~ ~mN~ zaot I STEPHENSON RESIDENCE o.K 03.13-06 ~,,' j PEC SUBMn-fqL LOT ~ S, BLOCK 3, VAIL VALLEY FIRST FILING i ~ VAIL, COLORADO i~l .. Snowdon and Hopkins ~ Architects, P.C. i P.o.ea ~].o c]onsztoi V~11, ColorMp 8165! FNf ~]6]~Yt I r -~-- ,~ +>, # I ,~ ~~~ €€~ ~ i F~ .. °v V lJ ,~ II ~~~ ~~ .o Y ~~ ~~ "°""m°°' sem ~ STEPHENSON RESIDENCE Snowdon and Hopkins•Architects,P.C. ~ _, I p... 03-13-06 i' LOT 18 BLOCK 3 VAIL VALLEY FIRST FILING P.o ao.~.a 9,o„.u°' PEC SUBMITTAL ~ ~ , vF~. COiorWa Bt658 FIJf .16]~Yt A VAIL, COLORADO • i • m -w d ~ ~~ ~~~~~+ ~ ~? - _- - - j ~ ~~ . ~ , ., ~~ ]~ J ~ - Cj ~ ..: S ~'°°"'"~.` Zs°' I STEPHENSON RESIDENCE Snowdon and Hopkins • Architects, P.C. P.0.9oa S31p Y10.1]6.IM1 a i o~ 03-13-06 I LOT 18, BLOCK 3, VAIL VALLEY FIRST FILING PEC SUBMITTAL I vri, cai«~eo eiese P/J(osr~cr j VAIL, COLORADO I L f\ ~~I ~,/~I ~% ~ III • i~ i= i I~ ~~ a ' I m ~ ~~ ~f d~ ~~ Z t e ~~ ~N p„I s l~ ~'0 9~ ~ ~~ o ~~ "~ ii ~ IR~I ~~ d~ 9~ j ~'°°"""°" z5°", STEPHENSON RESIDENCE I Snowdon and Hopkins•Arcbilacts,P.C. ~ a I Deu 03-13-06 ~ a.O. BOa u~o B)W)61301 ~ PEA 5~6Min~ LOT 18, BLOCK 3, VAIL VALLEY FIRST FILING ~N~,~.~asse tq(p6)/Bt VAIL, COLORADO • • ~, ~_ b i ' ~. • ~~ ~1 N ~. ~~ 3~ _,~ ~ ~~R®~~ I~ ~ ~ ~g t ..~ ~----- - - r .. .. _ ~_ ~, I o I i~ b u ~ xeN,.m. 25D7 ; STEPHENSON RESIDENCE y i PEA SU9MITT~9_U6 ~, LOT 18, BLOCK 3, VAIL VALLEY FIRST FILING ' I VAIL, COLORADO ~g ~a t Snowdon end Hopkins • Architects, P.C. 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B R AAA ~~B6R ggqqt A A a 4~q~ ~~ ~ ~4RF y~°~ ~RZ G9 ~~~~ ~t ~ ~~xzR °~~ ~~~ ~ I - Y qjq~ 4~ ~py G94N 4R~ X~~ B ~~ ~°Y~ 4 2a S 4 s° ~ a a I ~. ~" ~~~Mo ~<„~~ :~ m r G~",905 ~ ~~~a¢ ffi Oyl tli'Z~0 rb'. m~k ~ zl~ ~ ~~~ on ~~ ~~ xM Attachment: E • .. ~~ ~ ~` THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on April 10, 2006, 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 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a new single family residence within the front and side setbacks, located at 1740 Sierra Trail/Lot 22, Vail Village West Filing 1, and setting forth details in regard thereto. (PEC06-0015) Applicant: Lois Solis, represented by Michael Suman Architect Planner: Matt Gennett A request for a final review of a minor exterior alteration, pursuant to Section 12-76-7, Exterior Alterations or Modifications, Vail Town Code, for the addition of enclosed floor area, located at 193 East Gore Creek Drive/Lot 56, Block 5, Vail Village Filing 1, (Gore Creek Plaza Building), and setting forth details in regard thereto. (PEC06-0018) Applicant: Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects Planner: Elisabeth Eckel • A request for a final review of a variance, from Section 12-6C-8, Density Control and lam` Section 12-6D-6, Setbacks, Vail Town Code, to allow for a residential addition (garage, Yea'`"( ~y entry, and elevator), located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Valley Filing 3~a31 ~-r 1, and setting forth details in regard thereto. (PEC06-0017) Applicant: Robert Stephenson, Jr., represented by Snowdon Hopkins Architects Planner: Bill Gibson A request for final review of an appeal of an administrative action, pursuant to Section 12-3-3, Appeals, Vail Town Code, appealing a staff determination that an observatory is not an architectural feature allowed to extend above the building height limit, 1979 Sunburst Drive/Lot 12, Vail Valley Filing 3, and setting forth details in regard thereto. (PRJ05-0417) Applicant: Ned Gwathmey and Todd Kramer; Gwathmey, Pratt, Shultz Architects Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. • Published March 24, 2006, in the Vail Daily. CJ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 10, 2006 SUBJECT: A request for a final review of a minor exterior alteration, pursuant to Section 12- 7E-7, Exterior Alterations or Modifications, Vail Town Code, for the addition of enclosed floor area, located at 193 East Gore Creek Drive/Lot 5B, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building), and setting forth details in regard thereto. (PEC06-0018) Applicant: Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects Planner: Elisabeth Eckel CJ I. SUMMARY The applicant, the Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects, is requesting approval of a minor exterior alteration, pursuant to Section 12-7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of restaurant space within the Sweet Basil restaurant, located at 193 Gore Creek Drive/Lot 5B, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building). Based upon Staff's review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of the minor exterior alteration and modification of an existing outdoor dining deck subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The ;applicant is requesting approval of a minor exterior alteration to allow for the addition of approximately twelve (12) square feet of net floor area (restaurant space) within the second story of the north side of the Sweet Basil Restaurant. As a part of the expansion, Sweet Basil has acquired a portion of the Emata space and proposed to reconfigure the space as restaurant space at the north side of the building to accommodate more customers. The additional square footage is the result of one indented window which currently exists within the newly acquired space, and which will be expanded to create a flush wall with the exterior of part of the building. lJ tt shpuld be noted that none of the proposed square footage will extend beyond the existing building footprint due to the location from property line to property line of an underground parking garage, which extends directly along the Gore Creek Promenade. Therefore, the amount of site coverage existing on the lot will not be increased through this request. The proposed architectural plans and photos of the existing site have been attached for • reference (see Attachments A, and B). A vicinity map and a copy of the public notice have been provided as well (Attachments C and D). III. BACKGROUND The Gore Creek Plaza Building was originally constructed in 1962, prior to the Town of Vail's adoption of zoning regulations. The building is currently zoned Commercial Core 1 and has requested and received one variance in the 1990s for the addition of approximately sixty (60) square feet of site coverage to build a dumpster enclosure. The building is currently non-conforming in regard to several aspects of the applicable building and fire codes, which are being addressed as conditions of approval from the January 23, 2006 approval of a major exterior alteration at the Gore Creek Plaza Building. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, exterior alteration or modification applications will be reviewed by the Planning and Environmental Commission, and then any accompanying design review application will be reviewed by the Design Review Board. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of a minor exterior alteration or modification application, in accordance with Section 12-7B-7, Exterior Alterations or Modifications, Vaii Town Code. • Design Review Board: The Design Review Board has no review authority aver a minor exterior alteration or modification application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission andlor Design Review Board. s Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Staff' believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: 2 TITLE 12: ZONING REGULATIONS 12-78-7: Exterior Alterations and Modifications (in part) A-3-c: A sinale arooertv owner may submit an exterior alteration oroposal which removes or encloses floor area of one hundred /100) sauare feet or less on a desianated submittal date and will be rPViewed by the Plannina and Environmental Commission at anv of its reaularly scheduled meetinas. A-6. Compliance With Comprehensive Applicable Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission that the proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in section 12-78-1 of this article; that the proposal is consistent with applicable elements of the Vail village master plan, the town of Vail streetscape master plan, and the Vail comprehensive plan; and that the proposal does not otherwise negatively alter the character of the neighborhood. Further, that the proposal substantially complies with the Vail village urban design guide plan and the Vail village design considerations, to include, but not be limited to, the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; and that the proposal substantially complies with all other elements of the Vail comprehensive • plan. VAIL VILLAGE URBAN DESIGN GUIDE PLAN (in part) Urban Design Considerations (in part) Sub-Area Concepts (Gore Creek Drive/Bridge Street) ^ Commercial Expansion (ground floor) not to exceed fen feet in depth, possible arcade. ^ 'Limited Building Expansion/Improvements: Increase facade transparency on south side to strengthen pedestrian activity, with entry to street. Potential expansion maybe considered on south end of building to improve street enclosure proportions but must respect designated Hill street -Gore Range view corridors. Potential second level open balcony deck (sun pocket) to restore activity to street lost from ground floor terrace. ^ Facade improvements. Eyesores removed, increased facade transparency, entries simplified and oriented fo intersection. ^ Commercial expansion -one story to provide active facade to pedestrian street, help reinforce connection of Gore Creek Drive to Willow Bridge Road. Vail Village Design Considerations (in part) Facades • Transparency:_Pedestrian scale is created in many ways, but a major factor is the openness, aftractiveness, and generally public character of the ground floor facade of adjacent building. Transparent store fronts are "people attractors'; opaque or solid walls are more private, imply "do not approach': Y On pedestrian-oriented streets such as in the Village, ground floor commercial facades are proportionately more transparent than upper floors. Upper floors are typically more residential, private and thus less open. VAIL VILLAGE MASTER PLAN (in Dart) V. Goals, Objectives, Policies and Action Steps Goal #9: Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Objective 9.2: Encourage the upgrading and redevelopment of residential and •~ commercial facilities. Policy 9.2.1: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. VI. SITE ANALYSIS Address: Legal Description: Zoning: Land Use Plan Designation Current Land Use: Standard Lot Area: Setbacks: Height: Density (max): GRFA (max): Landscaping: harking: Site Coverage: 193 Gore Creek Drive (Gore Creek Plaza Building) Part of Lot 5B, Block B, Vail Village 1St Filing Commercial Core 1 (CC1) Village Master Plan Mixed Use Allowed/Required Existing Prooosed .173 acres (7,535 sq. ft.) no change no change Per Vail Village Urban Design Guide Plan no change Per Vail Village Urban Design Guide Plan no change 4.325 dwelling units no change no change 6,028 square feet no change no change Per Vail Village Urban Design Guide Plan (specifying no net loss) Parking requirements are not assessed within the CC9 zone district for commercial uses. 6,043 sq. ft. (80%) 6,084 sq. ft. (80.6%) no change VII. SURROUNDING LAND USES AND ZONING Land Use Zonina North: Mixed Use Commercial Core I South: Mixed Use Commercial Core l East: Mixed Use Commercial Core I West: Mixed Use Commercial Core I • r~ 4 • VIII. CRITERIA AND FINDINGS The review criteria for a minor exterior alteration are established by Chapter 12-7, Vail Town Code. y; A. r Consideration of Factors Reaardina Minor Exterior Alteration or Modification: The review criteria for a request of this nature, which includes additions of less than one hundred (100) square feet of floor area, are established by the Vail Town Code. The emphasis of this review is on the proposal's compatibility with the zoning code, the Town of Vail Streetscape Master Plan, the Vail Village Urban Design Guide Plan, the Vail Village Design Considerations and the Vail Comprehensive Plan. 1. Compliance with the Town of Vail Zoning Code. Staff believes this proposal is consistent with the purpose of the Commercial Core 1 district as outlined in Section 12-7B-1, Vail Town Code, as follows: • "To provide sites and maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 7 Zone District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The district regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrian ways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. " Staff believes the consistency of this proposal with the above criteria stems from the applicant's ability to maintain a predominantly pedestrian environment despite the expansion of restaurant space, since such addition occurs at the second level. The applicant's proposal will ensure light and air through the transparency of the fagade and will not disrupt the building scale that defines the Village. 2. Compliance with the Vail Village Urban Design Guide Plan. Staff believes this proposal is consistent with the "Gore Creek Drive/Bridge Street Sub-Area" objectives outlined in the Vail Village Urban Design Guide Plan, which does not address commercial (restaurant) expansions at the second floor, particularly since facade transparency will be maintained through this proposal. r~ 3. Compliance with the Urban Design Considerations for Vail Village and the Exterior Alteration Criteria. 1. Urban design considerations (in part) a. Pedestrianization The applicant's proposal does not affect the pedestrian experience. b. Streetscape framework The applicant's proposal does not affect the quality of the walking experience. c. Street enclosure The proposal does not cause the pedestrian to experience the "canyon effect" since it occurs at the second level of the building. d. Street Edge The applicant's proposal does not effect the street edge. e. Views The height of the building expansion proposed by the applicant will not affect the views experienced by the pedestrian within the Village. 2. Architectural/Landscape considerations C: b. Facades The proposal under consideration continues transparency at the • second level of the north side of the Sweet Basil restaurant by maintaining the same number of windows which exist today. ~; 4. 5. Compliance with the Town of Vail Streetscape Master Plan. The applicant's proposal does not affect the Town of Vail Streetscape Master Plan. Compliance with the Vail Comprehensive Plan. VAIL VILLAGE MASTER PLAN The Vail Village Master Plan has been adopted as an element of the Vail Comprehensive Plan. The Vail Village Master Plan is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. Most importantly, the Vail Village Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. For the citizens and guests of Vail, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village wilt grow in the future. Upon review of the Vail Village Master Plan, the staff believes the following goals, objectives and policies are relevant to the applicant's request: Goal #1: Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. t~ 6 • Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1.2.1: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. The Gore Creek Plaza Building is somewhat of a landmark building within the Village, as one of the first buildings constructed within the Village in the 1960's. Its upgrade and redevelopment is necessary and complementary to the existing "unique architectural scale of the Village': Additionally, the applicant has proven compliance with the Comprehensive Plans, as required within the Commercial Core I (CC1) District and as detailed in Section V of this memorandum (Section 12-78- 7). B. The Plannina and Environmental Commission shall make the followina findinas before arantina approval of an exterior alteration or modification: 1. That the proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in section 12-76-1 of this article; that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Town of • Vail Streetscape Master Plan, and the Vail Comprehensive Plan; and that the proposal does not negatively alter the character of the neighborhood. Further, that the proposal complies with the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations, including the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and r sun/shade analysis; and that the proposal complies with all other elements of the Vail Comprehensive Plan. IX. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of a minor exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of restaurant space (Sweet Basil) located at 193 Gore Creek Drive/Lot 5B, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building) and setting forth details in regard thereto. This recommendation is -based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this minor exterior alteration request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the • applicant's request of a minor exterior alteration, pursuant to Section 12-78-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of restaurant space (Sweet Basil), located at 193 Gore Creek Drive/Lot 5B, Block 5, Vail Village Filing 1 (Gore Creek Plaza Building) and setting forth details in regard thereto, subject to the following conditions: 7 • This approval shall be contingent upon the applicant receiving Town of Vail approval of the design review application associated with this minor exterior alteration request. Should the Planning and Environmental Commission choose to approve this minor exterior alteration request, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental. Commission finds that the proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in section 72-7B-7 of the Zoning Regulations; that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Town of Vail Streetscape Master Plan, and the Vail Comprehensive Plan; and that the proposal does not otherwise negatively alter the character of the neighborhood. Further, that the proposal substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations, to include, but not be limited to, the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, serviceJdelivery and sun/shade analysis; and that the proposal substantially complies with all other elements of the Vail Comprehensive Plan. " X. ATTACHMENTS A. Architectural Plans B. Photos of the Site C. Vicinity Map D. 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J L a't'W~r~.A " r o ,~~,~ _,~~r ~f 'r~ - y • ry ° ~ ~ 1 1 ~ t . ! 1+ ~~ x ,J ~. 1 x.':fi ~r ,a4,...,-.r~ lU ~ e w~~~ ~~~ ~~ t I' f`1Y' ~ ~Y .spy ~. ~~a ;:~ ,~ L 1 +. ~~. ~a;: .l ~, i~~ rr. _, a E ~`. ~~' ~f , fi`" M'S ~~ .. ~.:. t , ~~~ r r~~~ J 5~ t}}+ ~_~ s~~ Es a~ E o~ a~ ~" ~ E ~o N' t7 ~ q~0 7 or ~~ ~ ~~ ~' ~as '~ ~ ti i r ~ S~~ h~~ ~ ~' ?~~• .~~ ~~, i ~ 1 ~~ ~; f` ~r ..~~ ~~ ~"~, i 1f ~i ~rE ~~tir~ Attachment D • , ~~~~~^ ~ THIS ITEM MAPUBL C NOTIOCER PROPERTY NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on April 10, 2006, 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 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a new single family residence within the front and side setbacks, located at 1740 Sierra Trail/Lot 22, Vail Village West Filing 1, and setting forth details in regard thereto. (PEC06-0015) Applicant: Lois Solis, represented by Michael Suman Architect Planner: Matt Gennett A request for a final review of a minor exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, for the addition of enclosed floor area, located at 193 East Gore Creek Drive/Lot 5B, Block 5, Vail Village Filing 1, (Gore Creek Plaza Building), and setting forth details in regard thereto. (PEC06-0018) Applicant: Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects Planner: Elisabeth Eckel • A request for a final review of a variance, from Section 12-6C-8, Density Control and Section 12-6D-6, Setbacks, Vail Town Code, to allow for a residential addition (garage, entry, and elevator), located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Valley Filing 1, and setting forth details in regard thereto. (PEC06-0017) Applicant: Robert Stephenson, Jr., represented by Snowdon Hopkins Architects Planner: Bill Gibson A request for final review of an appeal of an administrative action, pursuant to Section 12-3-3, Appeals, Vail Town Code, appealing a staff determination that an observatory is not an architectural feature allowed to extend above the building height limit, 1979 Sunburst Drive/Lot 12, Vail Valley Filing 3, and setting forth details in regard thereto. (PRJ05-0417) Applicant: Ned Gwathmey and Todd Kramer; Gwathmey, Pratt, Shultz Architects Planner: Bill Gibson The~applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. ~- 1 • Published March 24, 2006, in the Vail Daily. _~ . MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 10, 2006 SUBJECT: A request for final review of an appeal of an administrative action, pursuant to Section 12-3-3, Appeals, Vail Town Code, appealing a staff determination that an observatory is not an architectural feature allowed to extend above the building height limit, 1979 Sunburst Drive/Lot 12, Vail Valley Filing 3, and setting forth details in regard thereto. (PRJ05-0417) Appellant: Gwathmey, Pratt, Shultz Architects Planner: Bill Gibson I. SUBJECT PROPERTY The subject property is 1979 Sunburst Drive/Lot 12, Vail Valley Filing 3. II. PLANNING AND ENVIRONMENTAL COMMISSION JURISDICTION • Pursuant to Sub-section 12-3-3B-1, Appeal of Administrative Actions; Authority, Vail Town Code, the Planning and Environmental Commission has the authority to hear and decide appeals from any decision, determination or interpretation by any Town of Vail administrative official with respect to the provisions, standards, and procedures of the Title 12, Zoning Regulations, Vail Town Code. III. PROCEDURAL CRITERIA FOR APPEALS Pursuant to Sub-sections 12-3-3B-2 and 12-3-3B-3, Appeal of Administrative Actions; Initiation and Procedures, Vail Town Code, there are three basic criteria for an appeal: A) standing of the appellant; B) adequacy of the notice of appeal; and C) timeliness of the notice of appeal. A) Standina of the Apaellant As a representative of the property owners Samuel and Luleta Maslak, the appellant, Gwathmey, Pratt, Shultz Architects, has standing to appeal the ' administrative decision that an observatory is not an architectural feature allowed to extend above the building height limit at 1979 Sunburst Drive. B) Adeauacv of the Notice of the Agaeal . The application for this appeal was filed by a representative of the property owners Samuel and Luleta Maslak. The Appeals Form and the materials required for its submission have been determined to be complete by the Community Development Department. C) Timeliness of the Notice of Appeal Sub-section 12-3-3B-3, Procedures, Vail Town Code, states the following: r "A written notice of a eal must be filed with the Administrator or with the • PP department rendering the decision, determination or interpretation within twenty (20) calendar days of the decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or aTown-observed holiday, the last day for filing an appeal shall be extended to the next business day. The Administrator's decision shall become final at the next Planning and Environmental Commission meeting (or in the case of design related decision, the next Design Review Board meeting) following the Administrator's decision, unless the decision is called up and modified by the Board or Commission. " The applicant submitted a complete appeal application within the twenty (20) day requirement. IV. NATURE OF THE APPEAL On March 6, 2006, Gwathmey, Pratt, Schultz Architects, on behalf of Samuel and Luleta Maslak, filed an official appeals form to the Town of Vail Community Development Department. The appellant is appealing the administrative determination that an observatory proposed at 1979 Sunburst Drive/Lot 12, Vail Valley Filing 3 is not an architectural feature allowed to extend above the building height limit by the provisions of Sub-section 14-10-C6, Vail Town Code. The appellant's application and statement has been attached for reference (Attachment • B). V. APPLICABLE REGULATIONS OF THE TOWN CODE CHAPTER 12-3, ADMINISTRATION AND ENFORCEMENT (IN PART) Section 12-3-3: Appeals B. Appeal of Administrative Action 1. Authority: The planning and environmental commission shall have the authority to hear and decide appeals from any decision, determination or interpretation by any town administrative official with respect to the provisions of this title and the standards and procedures hereinafter set forth, except that appeals of any decision, determination or interpretation by any town administrative official with regard to a design guideline shall be heard by the design review board. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by any administrative official with respect to this title. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in • common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. 2 • The administrator shall determine the standing of an appellant. If the appellant objects to the administrator's determination of standing, the planning and environmental commission (or the design review board in the case of design guidelines) shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the planning and environmental commission (or the design review board in the case of design guidelines) determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. 3. Procedures: A written notice of appeal must be filed with the administrator or with the department rendering the decision, determination or interpretation within twenty (20) calendar days of the decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or a town observed holiday, the last day for filing an appeal shall be extended to the next business day. The administrator's decision shall become final at the next planning and environmental commission meeting (or in the case of design related decision, the next design review board meeting) following the administrator's decision, unless the decision is called up and modified by the board or commission. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the • managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the town. The filing of such notice of appeal will require the administrative official whose decision is appealed, to forward to the planning and environmental commission (or the design review board in the case of design guidelines) at the next regularly scheduled meeting, a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the planning and environmental commission (or the design review board in the case of design guidelines) on the appeal within thirty (30) calendar days of the appeal being filed. The planning and environmental commission (or the design review board in the case of design guidelines) may grant a ' continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional forty (40) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this title to appeal any interpretation or determination _ made by an administrative official. 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed • unless the administrative official rendering such decision, determination or interpretation certifies in writing to the planning and environmental commission (or the design review board in the case of design guidelines) 3 and the appellant that a stay poses an imminent peril to life or property, in • which case the appeal shall not stay further permit activity and any proceedings. The commission (or board) shall review such certification and grans or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the planning and environmental commission (or the design review board in the case of design guidelines). 5. Findings: The planning and environmental commission (or the design review board in the case of design guidelines) shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title have or have not been met. 6. Fee: The town council may set a reasonable fee for filing an appeal of an administrative decision, determination or interpretation. The fee will be adopted in a fee schedule which shall be maintained in the department of community development. The fee shall be paid at the time the appeal is filed. CHAPTER 14-10, DESIGN REVIEW STANDARDS AND GUIDELINES (IN PART) C. Architectural Projections, Deck, Balconies, Steps, Bay Windows, etc: 6. Towers, spires, cupolas, chimneys, flagpoles, and similar architectural • features not useable as habitable floor area may extend above the height limit a distance of not more than twenty five percent (25%) of the height limit nor more than fifteen feet (15). SECTION 209, DEFINTIONS AND ABBREVIATIONS, H, 1997 UNIFORM BUILDING CODE (IN PART) Habitable Space (Room) is space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space. SECTION R202, DEFINITIONS, 2003 INTERNATIONAL RESIDENTIAL CODE AND SECTION 202, DEFINITIONS, 2003 INTERNATION BUILDING CODE (IN PART) Habitable Space: A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces. VI. REQUIRED ACTION The Planning and Environmental Commission shall uphold, overturn, or modify the administrative determination that an observatory proposed at 1979 Sunburst Drive/Lot 12, Vail Valley Filing 3 is not an architectural feature allowed to extend above the • building height limit by the provisions of Sub-section 14-10-C6, Vail Town Code. Sub- 4 • section 12-3-3B-5, Findings, Vail Town Code, details the requirements for action by the Planning and Environmental Commission as follows: "The Planning and Environmental Commission (or the Design Review Board in the case of design guidelines) shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met." VII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission upholds the administrative determination that an observatory proposed at 1979 Sunburst Drive/Lot 12, Vail Valley Filing 3 is not an architectural feature allowed to extend above the building height limit by the provisions of Sub-section 14-10-C6, Vail Town Code. Pursuant to Sub-section 12-3-3-B5, Vail Town Code, the Planning and Environmental Commission shall "on all appeals make specific findings of fact based directly on the particular evidence presented to it': In addition to any evidence presented at the public hearing, the Community Development Department recommends the Planning and Environmental Commission make the following findings of fact: • The subject property is zoned Two-Family Primary/Secondary Residential • District. • The building height limit within the Two-Family Primary/Secondary Residential District is 33 feet for a sloping roof and 30 feet for a flat roof. • The proposed observatory has a sloping roof. • Sub-section 14-10-C6, Vail Town Code, states that "towers, spires, cupolas, chimneys, flagpoles, and similar architectural features not useable as habitable floor area may extend above the height limit a distance of not more than twenty five percent (25%) of the height limit nor more than fifteen feet (15')': • The extension of an observatory above the building height limit is not specifically contemplated by the provisions of Sub-section 14-10-C6, Vail Town Code. • The proposed observatory is of a similar architectural design to other residential entry and stairwell towers previously constructed within the Town of Vail. • Previously constructed residential stairwell towers within the Two-Family Primary/Secondary District have been allowed to extend above the height limit. Those portions of the stairwell tower previously approved to extend above the height limit were attic spaces deducted from the gross residential floor area calculations. Those stairwell tower portions extending above the - height limit were constructed to be inaccessible from the interior of the building. • The proposed observatory is calculated as gross residential floor area (GRFA), pursuant to the provisions of Chapter 12-15, GRFA, Vail Town • Code. 5 • The provisions of Sub-section 14-10-C6, Vail Town Code, address • architectural features not useable as "habitable floor area': The term "habitable floor area" is not defined by the Vail Town Code or the Town's adopted building codes (e.g. 2003 IRC and 2003 IBC). • The proposed observatory is not a "habitable space" as defined by the Town of Vail's previously and currently building codes (e.g. 1997 UBC and 2003 IRC/IBC); however, it is "habitable" in the Perms of the common use of the term. • The proposed observatory is accessible through a floor access panel and ladder that connects to an interior stairwell. • When in use, the proposed observatory's roof retracts and the observatory floor area is predominantly open and unenclosed. Pursuant to Sub-section 12-3-3-65, Vail Town Code, should the Planning and Environmental Commission choose to uphold the administrative determination that an observatory proposed at 1979 Sunburst Drive/Lot 12, Vail Valley Filing 3 is not an architectural feature allowed to extend above the building height limit by the provisions of Sub-section 14-10-C6, Vail Town Code, the Commission must determine that the findings of fact support the following finding: i. The Community Development Department Administrator's determination that an observatory proposed at 1979 Sunburst Drive/Lot 12, Vail Valley Filing 3 is not an architectural feature allowed to extend above the building height limit by the provisions of Sub-section 14-i0-C6, Vail Town Code, has met the standards • and conditions imposed by the requirements of Title 12, Zoning Regulations, and Title 14, Development Standards Handbook, Vail Town Code. VI11. ATTACHMENTS A. Vicinity Map B. Appellant's statement C. Public Notice • 6 c uf~e ~ '~ 8~ n m$~ ~~~ ~~~ ]~ E' o Fo s o~ ~~ ~~ ~~ B~ 8' v ~n = C1 > ;a =~ ~~ ~~ a E g r` 0 r r 1 F Q C e Attachment B • Ned Gwathmey and Todd Kramer Gwathmey, Pratt, Schultz Architects, PC 1000 South Frontage Road West Vail, CO 81657 March 2, 2006 Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 RE: Maslak Residence - 1979 Sunburst Drive/Lot 12, Vail Valley Filing 3 1) Provide a detailed explanation of how you are an "aggrieved or adversely affecfed aerson." By limiting the height of our observation tower to 33'-0" above finished or natural grade, we are creating many difficulties. They are as follows: •A very difficult condition to construct and waterproof. By pushing the observatory down to the adjacent roofs we are creating bathtub like a condition that cannot have affective • waterproofing. •A condition that may affect the ability of the dome to rotate during the winter months. As snow accumulates in the "bathtub", along with the freeze thaw cycles common in the Vail Valley, the operation of the dome will be severely compromised. •Poor expression of an interesting architectural feature. The Vail Design Review Board Committee agree that the dome is unique and interesting and the majority of them (4 out of 5) support our interest in raising the dome, from an aesthetic point. 2) Soecifv the precise nature of the appeal. Please cite specific code sections havinq relevance to the action being appealed. In a letter from Bill Gibson dated 1-31-06 "...the proposed observatory is defined as Gross Residential Floor Area. Additionally, the proposed observatory does not qualify as "towers, spires, chimneys, flagpoles, and a similar architectural feature not usable as habitable floor area" as described in Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code. Therefore, the proposed observatory design must be revised to comply with the building height limit of 33 feet...prescribed by Section 12-6D-7, Height, Vail Town Code. " Our response: We feel that the observatory is clearly a "tower" or "a similar architectural feature." The space • cannot be heated, as the temperature change when the shutter doors are open will affect the precision of the telescope. The space is also accessed by a steep ships ladder. Because it is unheated and has difficult access we do not feel that this should be categorized as Habitable space. • The Town of Vail defines Habitable in 12-2-2: "Any area designed for sleeping, living, cooking, dining, meeting or recreation [a detached space] as applied to floor area." Bill Gibson has voiced his concern that this space may be converted into a habitable space in the future. Because this space is unheated and has poor egress, to create a sleeping, living, cooking, dining or recreation space would be very difficult and a building permit will be required for any such conversion. Thus they will be required to specifically get permission for such a change, and the Town of Vail will be able to control any major renovations. In conclusion, because the dome is not heated, does not meet egress requirements, is not fully enclosed (when the shutter doors are opened), and is not clearly defined as habitable space, this space should not be considered by the Town of Vail as habitable space. By allowing the dome to be raised 3'-d" not only will the aesthetics be improved but the operation of the dome will be greatly enhanced. • C7 2 Attachment C _ ,. -~ ~ THIS ITEM MAY AFFECT YOUR PROPERTY ~~~~~~' PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on April 10, 2006, 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 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a new single family residence within the front and side setbacks, located at 1740 Sierra Trail/Lot 22, Vail Village West Filing 1, and setting forth details in regard thereto. (PEC06-0015) Applicant: Lois Solis, represented by Michael Suman Architect Planner: Matt Gennett A request for a final review of a minor exterior alteration, pursuant to Section 12-76-7, Exterior Alterations or Modifications, Vail Town Code, for the addition of enclosed floor area, located at 193 East Gore Creek Drive/Lot 5B, Block 5, Vail Village Filing 1, (Gore Creek Plaza Building), and setting forth details in regard thereto. (PEC06-0018) Applicant: Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects Planner: Elisabeth Eckel A request for a final review of a variance, from Section 12-6C-8, Density Control and Section 12-6D-6, Setbacks, Vail Town Code, to allow for a residential addition (garage, entry, and elevator), located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Valley Filing 1, and setting forth details in regard thereto. (PEC06-0017) Applicant: Robert Stephenson, Jr., represented by Snowdon Hopkins Architects Planner: Bill Gibson A request for final review of an appeal of an administrative action, pursuant to Section Q, 12-3-3, Appeals, Vail Town Code, appealing a staff determination that an observatory is U~ not an architectural feature allowed to extend above the building height limit, 1979 ~ ~ I~° Sunburst Drive/Lot 12, Vail Valley Filing 3, and setting forth details in regard thereto. ,7t ~ (PRJ05-0417) V Applicant: Ned Gwathmey and Todd Kramer; Gwathmey, Pratt, Shultz Architects Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. • Published March 24, 2006, in the Vail Daily. PLANNING AND ENVIRONMENTAL • COMMISSION PUBLIC MEETING CQ ~ April t0, 2006 Jv PROJECT ORIENTATION -Town I Cham- PROOF OF PUBLICATION tiers -PUBLIC WELCOME 12:00 pm MEMBERS PRESENT STATE OF COLORADO } MEMBERS ABSENT Siie Visits: } S'~''~ 1. Gore Creek Plaza Building - 193 East Gore COUNTY OF EAGLE } CreekOrive Driver: George Public Hearing - Town Council Cham- bers 2:00 pm I, Steve Pope, do solemnly swear that I am a qualified representative of the Vai] Daily. That the same ' Swearing in of Rollie Kjesho, Anne Gunion, Dick Clevelantl and Bill Pierce by Lorelei Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and Donaldson, Town Clerk has a general circulation therein; that said newspaper has been published continuously and 2. Election of Chair and Co-Chair and Appointment of representative for AIPP antl Open uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior apace Ao questefor a final review of a var- to the first publication of the annexed legal notice or advertisement and that said newspaper has lance, from Section 12-6C-8, Density Control and ublished the requested legal notice and advertisement as requested. section,2- sD-s, setbacks, Vail Town code, to j elevator), located at 1448 Vail Valley DrivelLot The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under allow for a residential addition (garage, entry, and Colorado's Home Rule provision. 18, Block 3. Vail Valley Filingg 1, and setting forth details in regard thereto. (PEC06-0017) ,4pplicant: Robert Stephenson, Jr., represented by Snowdon Hopkins Architects ACTION: That the annexed legal notice or advertisement was published in the regular and entire issue of every Planner: BiIlGibson MOTION: SECOND: VOTE: number of said daily newspaper for the period of 1 consecutive insertions• and that the first publication of Major ExteriorrAeeationsaolraModifi ationsmVal exterior alteration, pursuant to Section 12-7J-12, ' Town Code. to allow for the construction of the I said notice was in the issue of said newspaper dated April 07 A.D. 2006 and that the last publication of Road/Lots 9-12, SuffehrCreek Subdivision. Timberline Lodge, located at 1783 North Frontage said notice was in the issue of said newspaper dated April 07 A.D. 2006, and setting forth details in regard thereto. )PECOS- 0080) Applicant: Timberline Roost Lotlge, LLC, represented by Mauriello Planning In witness whereof has here unto set my hand this 7th day April, 20 .~ Group, LLC Planner: George Ruttier % ACTION: J/,f`t MOTION: SECOND: VOTE: L.~~ exterior alterationquest for a final review of a minor pursuant to Section 12-76-7, bh - Exterior Alterations or Modifications, Vail Town Fier/General Manager/Editor Code, for the addition of enclosed floor area. located at 193 East Gore Creek Drive/Lot 58, Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this Block 5, Vail Village Filing 1, (Gore Creek Plaza Building), and setting forth details in regard there- to. (PEC08-0018) 7th Of Aprll ZOO6. dominiumAssopcatontrepr sentedrbykFP~zaiCon- Pierce Architects - Planner: Elisabeth Eckel Reed ACTION: "' MOTION: SECOND: VOTE: ~ 1 ~~ /7A _ r ~ ~ 7~, ,/ / 6. A request for final review of an ap- ..1'~J'~ J" peal of an administrative action, pursuant to Sec- P~xtela loan Schultz lion 72-3-3, Appeals, Vail Town Code, appealing i a staff determination that an observatory is not an Notary Public architectural feature allowed to extend above the building height limit, 1979 Sunburst Drive/Lot R~ pU 12, Vail Valley Filing 3, and setting forth details in O~P,.•••••.;~~~~ My Commission expires: November 1, 2007 regard thereto.(PRJO5-0417) Applicant: Ned Gwathmey and - ~ Todd Kramer; wathmey, Pratt, Shultz Architects • ~ Planner: bill Gibson • ACTION: • ~ ®R ~J~Ef~ ~, • MOTION: SECOND: VOTE: r f'~ • ~~Lt,' L~L'~i ~ '7. A request for a recommendation to • f7tJ • the Vail Town Council of an amendment to the Li- • ~ 1 • • : onshead Redevelopment Master Plan, pur- ~;{'k •••• •••• 8 Y suant to Section 2.8, Adoption and Amendment of ', ~r~ •••••• the Master Plan, Lionshead Redevebpmen[ ~~ll" Mas- '' ~O~ C~ • i ~ -, ` ~~ C ter Plan, to amend the Lionshead Studyy Area Boundaries and Chapter 5, Detailed Plan Recom- mendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road WesULot 54 and Tract K of Glen Lyon Subdi- vision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at [he Community Development Department), and setting forth details I in regard thereto. (PECO6-0008) Applicant: Vail Resorts Develop- ment Company, Town of VaA, and Glen Lyon Of- I., fits Building General Partnership I~ Planner: Warren Campbell " ACTION: Tabled to April 24, 2006 MOTION: SECOND: VOTE: 8. A request for a Einal review of a var- iance, from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12.17, Varian- ces, to allow for a new single family residence within the front and side setbacks, located at 1740 Sierra TraillLot 22, Vail Vlllage West Filing 1, and setting forth details in regard thereto. (PECO6- 0015) Applicant: Lois Solis, represented by Michael Suman Architect Planner Matt Gennett ACTION: Tabled to May 22, 2006 MOTION: SECOND VOTE. Approval oS Match 27, 2006 minutes MOTION: SECOND: VOTE: f0. Information Update 1 t. Ad'ournment M~TION: SECOND: VOTE: The applications and information about the propos- als are available for public inspection during regu- lar office hours at the Town of Vail Community De- velopment Department, 75 South Frontage Road. Th'e public is invited to attend the project orienta- tion and the site visits that precede the public hear- ing in the Town o5 Vail Community Development Department. Please call (970) 479-2138 for addi- tional information. Sign language interpretation is available upon re- quest with 24-hour notitication_ Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published April 7, 2006. in the Vail Daily. • • 1<s~s PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has Published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated March 24 A.D. 2006 and that the last publication of said notice was in the issue of said newspaper dated March 24 A.D. 2006. In witness whereof has here unto set my hand this 28th day March, 200 Ili er/G~r~1,~Vlanager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado th;s zs`n day of March, 2006. ~PFtY'p~ ~o' ~ • ~ t PAMEl~4 J. SCHULTZ •~ • • ~• ~~ C0~-~~ r ~,`' 7 ,,~ ,.L Gli 1'~-t.,C.--~C~, ~ ~ .KLP qtr i 17~~ Pamela Joan Schultz Notary Public My Commission expires: November 1, 2007 • PUBLIC NOTICE THIS REM MAY AFFECT YOUR PR..r cn.. PUBLIC NOTICE C= NOTICE IS HEREBY GIVEN that the Planning and ~ Environmental C~.,,,,.:...,ion of the Town of Vail will hold a public hearing. in accordance with section t2,3-6, Vail Town Code, on April 10, 2006, at 2:00 ~' pm in the Town of Vail Municipal Building, in con- stderatian of: A request for a linal review of a variance, from ' Section 12-6D-6, Setbacks, Vail Tawn Code, p~r- suant to Chapter 12-17, Variances, to allow for a new single family residence within the front and side setbacks, located at 1740 Siena Trail/Lot 22, Vail Village West Filingg 1, and setting forth details ,a` in regard thereto. (PECO6-0015) Applrcant: Lois Solis, represented by Michael Suman Architect Planner: Matt Gannett A request for a final review of a minor exterior al- I teretion, pursuant to Section 12-78-7, EMerior Al- terations or Modifications, Vail Town Code, for the addtion of enclosed How area, located at 193 East Gore Creek Drive/Lot SB, Blockk 5, Vail Village Fil- ing 1. (Gore Creek Plaza liuiklin9), and setting fortlr detaas in regard thereto. (PECO6-0016) Applkxrrt: Gore Creek Plaza Condominium As- sociation, represen[etl by Frilzlen Prerce Architects Planner: Elisabeth Eckel A request for a final review of a variance, from Section 12-6C-8, Density ConVO1 and Section 12- 6D-6, Setbacks, Vail Town Code, to allow fora , residential addition ( rage, entry and elevator), j krcated at 1448 Vail Valley Drive/Lw 18, Block 3, Vail Valley Filingg 1, and setting forth tletails in re- gard thereto. (PECO6-0017) Applicant: Robert Stephenson, Jr., represented by £ ~ ..Hopkins Architects i Planner: Bill Gibson A request fw final review of an appeal of an admin- istrative action, pursuant to Section 12-3-3, Ap- peals, Vail Town Code, appealing a stall determi~ nation that an o4servatory is not an architectural ~~ feature allowed to extend above the building height limit, 1979 Sunburst Drive/Lot 12, Vail Valley Filing 3, and setting forth details in regard thereto. (PRJ05-0417) Applicant: Ned Gwathmey and Tom Kramer; Gwathmey, Pratt, Shur A.M.::_,,:s Planner: Bill Gibson The applications and iMOrmation about the propos- aIs are available fw pudic inspection during office trours at the Town of Vail Community Development Department, 75 South Frontage Roed. The pudic bl irrvited to attend project orientation aril the site visits that pwcede the pudic hearing in the Tooy4!n_ of Vail Community Development Department: Please call 970-479-2136 for additional informa- tion. Sign language imerpretation is available upon re- quest, with 24-tear notification. Please call 970- 479-2356, Telephone for the Hearing Impaired, for information. Published March 24, 2006, in the Vail Deity