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Home My WebLink About2006 PEC JULY - DECEMBER Rianning and Environmental Commisson • ACTION FORM r ~ Department of Community Develapment TO~j OF jj~ jr 75 South Frontage Road, Vail, Colorado 81657 1I11 ~~~tl,~ tel: 970.474.2139 fax; 970.479.2452 ti:Y•%,J'J-.web: www.vailgov,corn Project Name: PA ZONING CODE AMENDMENT PEC Number: PEC050035 Project Description: AMENDMENT TO PA ZONE DISTRICI" MODIFYING THE HIEGHT LIMITATION FOR SLOPE ROOF BUILDINGS FROM 48' TO 56' Participants: OWNER VAIL COLORADO MUNICIPAL BLDG05/02/2005 75 S FRONTAGE RD VAIL CO 81657 APPLICANT MAURIELLO PLANNING GROUP, LL05/02/2005 Phone: 970-748-0920 PO BOX 1127 AVON CO 81620 I License: C000001697 • Project Address: 75 S FRONTAGE RD WEST VAIL Location: 75 S. FRONTAGE RD. Lega{ DescriNtion: Lot: A@i ilock: 5D Subdivision• . Vail Village Filing 1 Parcel Number: 2101-064-0000-3 Comments: BOARD/STAFF ACTION Motion By: Action: WITHQRWN 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). Planner: George Ruther PEC Fee Paid: $1,300.00 • QMIL ADMINISTRA?TIVE ACTI4N FORM Department of Community Development 75 South Frontage Road Vail, CO 81657 tef: 970-479-2138 fax: 970-479-2452 web: www.vaiigov.com Project Name: GTNT DUPLEX SUBDIVISION PLAT Application Type: DupSubPi ADM Number: ADM060017 Pa rcel : 2101-071-1302 -2 Project Description: FINAL APPROVAL FOR A DUPLEX SUBDIVISION Participants: OWNER GTNT INVESTMENTS LLC 11/17(2006 Phone: 701-852-5231 ROGER TOLLEFSON PO 80X 698 MINOT ND 58702 APPLICANT GTNT INVESTMENTS LLC 11/17/2006 Phone: 701-852-5231 ROGER T4LLEFSON PO SOX 698 MINOT ND 58702 Project Address: 325 FOREST RD VAII Location; 325 FOREST ROAD • Legal Description: Lot: 18 Biock: 7 Subdivision: VAIL VILLAGE FILING 1 Comments: See Conditions BOARDiSTAFF ACTION Motion By: Action: Sl"AFFAPR Second By: Vote: Date of Approvat: 11/22/2006 Meeting Date: Conditions: Cand: 8 (PLAN): No changes to these plans may be made without the written consent of Town af Vail staff and/or the appropriate review committee(s). Planner: Warren Campbel! DRB Fee Paid: $100.00 . 1i ~WI1'~RY,4tI ADMINISTRATIVE ACTION FORM Department of Community Development 75 South Frontage Road Vait, CO 81657 tel: 970-479-2138 fax: 970-479-2452 web: www.vailgov.com Project Name: RANALLO SFR SUBDIVISION PLAT Application Type: SFPiat ADM Number: ADM060016 Parcel: 2103-122-1500-6 Project Description: FINAL APPROVAL FOR AN AMENDED PLAT-BUILDING Participants: OWNER RANALLO, PATRICK J. & PATRICII/17/2006 400 E NORTH AVE STREAMWOOD IL 60107 APPLICANT RAL ARCHITECTS 11/17/2006 PO BOX 1805 EDWARDS CO 81632 ARCHITECT RAL ARCHITECTS 11/17/2006 Phone: 926-4448 BO8BY LADD PO BOX 1805 • EDWARDS CO 81632 License: C000001910 Project Address: 1701 BUFFEHR CREEK RD VAIL Location: 1701 F BUFFEHR CREEK RD Legal Description: Lot: 6 Block: Subdivision: ELENI ZNEIMER SUBDIVISIO Comments: See Conditions BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 11/15/2006 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:113 All development applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pending employee housing • regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications. Planner: Warren Campbell DRB Fee Paid: $100.00 I Planning and Fnvironmenta'I Comrnisson 0 ACTION Ft7RM x ' ~ Departrnent af Cornmunity D2velopment ~F ~~M' • 75 SoutEt Frontage Road, Vaif, Calorado 81657 ~ tel: 97€~.479.2139 fax; 970,479.2~52 cc+.w.JN;arrcr-_°uELrsPf.,cras web: bUww.vailgc3v.CO'm Project Name: CASCADE CLUB TENNIS COURTS PEC Number: PEC060077 i Project Description: CONDITIONAL USE PERMIT FOR THE USE OF THE TENNIS COURTS FOR TEMPORARY CONFERENCE FACILITIES Participants: OWNER CASCADE CLUB LTD 10/26/2006 C/0 DELOITfE & TOUCHE LLP 555 1TfH ST STE 3600 DENVER CO 80202 APPLICANT VAIL CASCADERESORT AND SPA 10/26/2006 Phone: 970-476-6106 1300 WESTHAVEN DR VAQIL CO 81657 • Project Address: 1000 S FRONTAGE RD WEST VAIL Location: CASCADE CLUB TENNIS COURTS Legal Description: Lot: Block: Subdivision: CASCADE CLUB CONDO Parcel Number: 2103-121-1500-4 Comments: BOARD/STAFF ACTION Motion By: JEWITT Action: APPROVED Second By: CLEVELAND Vote: 5-0 Date of Approval: 11/27/2006 Conditions: Cond: 8 (PIJAN): 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:113 All development applications submitted to the Town after the effective date of • Ordinance 26, Series 2006 shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications. . Cond: CON0008582 There shall be no parking allowed along the South Frontage Road or Westhaven Drive or at Donovan Park for any conference or convention event held in association with this conditional use permit approval. Cond: CON0008583 Prior to the applicant's use of the tennis facility for any conference or convention • event in 2007, the applicant must obtain Town of Vail Fire Department "pre-approval" of the conference or convention venue. Cond: CON0008584 Should any conference or convention involving attendees who are not the exclusive hotel guests of the Vail Cascade Resort and Spa, the applicant must obtain Town of Vail approval of a parking and shuttle plan prior to the use of the tennis facility for that conference or convention event. Cond: CON0008585 Additional conventions may be held during 2007, if in compliance with the criteria and findings within the staff inemorandum for this conditional use permit dated November 27, 2006. I Cond: CON0008586 This conditional use permit approval shall expire on December 31, 2007. Planner: Bill Gibson PEC Fee Paid: $650.00 • • Planning and Enrriranmental Commisson ACTIt}N FORN! 0 ' ~ Department af Carnmunityr Development TO~~ W~~ ~ 75 Sauth Frontage Road, Vail, Colorado 81fs57 tet: 974.479.2139 fax:970.479.2452 cowA„NI=rcCueL0PWNT web: www.vailgov.com Project Name: CASCADE RES MINOR AMEND SDD PEC Number: PEC060075 Project Description: . FINAL APPROVAL FOR A MINOR AMAENMENT TO AN SDD TO ALLOW FOR MINOR CHANGE THE BtJILDING ENVELOPE. THE PEC UPHELD THE STAFF APPROVAL. Participants: OWNER CASCADE VILLAGE THEATER INC 10/16/2006 PO BOX 1152 VAIL CO 81658 APPLICANT MAURIELLO PLANNING GROUP, LL10/16/2006 Phone: 970-748-0920 PO BOX 1127 - AVON . CO 81620 License: C000001697 ARCHITECT RKD ARCHITECTS 10/16/2006 Phone: 970-926-2622 PO BOX 5055 I • EDWARDS CO 81632 License: C000001770 Project Address: 1310 WESTHAVEN DR VAIL Location: 1310 WESTHAVEN DRIVE Legal Description: Lot: Block: Subdivision: Cascade Village Parcel Number: 2103-121-1400-5 Comments: PEC Upheld Staff approval BOARD/STAFF ACTION Motion By: Rollie Kjesbo Action: APPROVED Second By: Dick Cleveland Vote: 5-0-0 Date of Approval: 11/13/2006 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. Planner: Warren Campbell PEC Fee Paid: $1,000.00 Plannirrg and Enaironmental Commissan • ACTION FORM ~ # Department of Community Uevelopment ffl1w ' 75 5outh Frontage Raad, Vail, Coia~r~ado 81~557 tel: 974.479.2139 fax: 970.479.2452 cOWAwavoEVEuPWW web: www.vailgov,corn Project Name: THUROW VARIANCE PEC Number: PEC060072 Project Description: FINAL APPROVAL FOR A VARIANCE FOR A DECK ENCLOSURE AND DORMER AT UNIT 8 WITH 79 SQ Fr OF GRFA IN THE SETBACK Participants: OWNER SUE DUVAL - THUROW TRUST 10/16/2006 125 BOARDWALK PL PARK RIDGE IL 60068 APPLICANT MICHAEL SUMAN ARCHITECT, LLC10/16/2006 Phone: 970-471-6122 PO BOX 7760 AVO N CO 81620 License: C000001764 ARCHITECT MICHAEL SUMAN ARCHITECT, LLC10/16/2006 Phone: 970-471-6122 PO BOX 7760 • AVON CO 81620 License: C000001764 Project Address: 400 E MEADOW DR VAIL Location: TYROLEAN CONDOS UNIT 8 Legal Description: Lot: Block: Subdivision: TYROLEAN CONDOS Parcel Number: 2101-082-5200-8 Comments: BOARD/STAFF ACTION Motion By: Cleveland Action: DENIED Second By: Pierce Vote: 3-1-1 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: Elisabeth Eckel PEC Fee Paid: $500.00 I Rtanning and Environmental C+omrnissan ACTI+Ot'rl F€)RM ~ ' Dep~artmer~t of Carnr~unity L?ev~elopment rpp~~4VA + 75 Sou th Frantage Raad, Vail, Calarado 8'1657 tet: 970.479.2139 fax: 970,479.2452 COWAN«rcEUFLOPWrss web: www.uailgav.corn Project Name: DAVIDOFF ADDITION PEC Number: PEC060071 Project Description: FINAL APPROVAL FOR A VARIANCE FOR A DECK ENCLOSURE OF UNIT 5 WITH 147 SQ Ff OF GRFA IN SETBACK Participants: OWNER DAVIDOFF, MARJORIE A. 10/16/2006 2170 HAYES RD GRANVILLE OH 43023 APPLICANT MICHAEL SUMAN ARCHITECT, LLC10/16/2006 Phone: 970-471-6122 , PO BOX 7760 AVON CO 81620 License: C000001764 ARCHITECT MICHAEL SUMAN ARCHITECT, LLC10/16/2006 Phone: 970-471-6122 PO BOX 7760 • AVON CO 81620 License; C000001764 Project Address: 400 E MEADOW DR VAIL Location: TYROLEAN CONDOS UNIT 5 Legal Description: Lot: Block: Subdivision: TYROLEAN CONDOS Parcel Number: 2101-082-5200-5 Comments: BOARD/STAFF ACTION Motion By: Cleveland Action: DENIED Second By: Pierce Vote: 3-1-1 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: Elisabeth Eckel PEC Fee Paid: $500.00 Planning and Env?ironmental Cornmisson ACTIt]N FORM ~ Depaxtmerst o~f C+~rrrmur~ity Develo~ament 40F) ~~~j 75 Soutl~ Frontage Raadf Vail, ~Cc~[~nradc? 8ifi57 Ft1 tel: 970.479.2139 fax: 970.474.2452 COMMWY MVEU)PWW web: wrww.vailgov.com Project Name: LEWIS VARIANCE PEC Number: PEC060070 Project Description: . FINAL APPROVAL FOR A VARIANCE FOR A DECK ENCLOSURE OF UNIT 3 WITH 197 SQ Ff OF GRFA IN SETBACKS Participants: OWNER MORPHEW-LEWIS, PATRICIA A. -10/16/2006 2076 HARDSCRABBLE BOULDER CO 80305 APPLICANT MICHAEL SUMAN ARCHITECT, LLC10/16/2006 Phone: 970-471-6122 PO BOX 7760 AVON CO 81620 License: C000001764 ARCHITECT MICHAEL SUMAN ARCHITECT, LLC10/16/2006 Phone: 970-471-6122 • PO BOX 7760 AVON CO 81620 License: C000001764 Project Address: 400 E MEADOW DR VAIL Location: TYROLEAN CONDOS UNIT 3 Legal Description: Lot: Block: Subdivision: Vail Village ist Filing Parcel Number: 2101-082-5200-3 Comments: BOARD/STAFF ACTION Motion By: Cleveland Action: DENIED Second By: Pierce Vote: 3-1-1 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: Elisabeth Eckel PEC Fee Paid: $500.00 Planning ancl Environmerrtal Commisson • ACTION FQRM ~ - ' ~ Departrnent of Coanmunity Develnpment mia t;~;~ T~~a # 75 Sout~r Frontage Road, Vaif, Cc?larado 81557 tel: 970.479.2139 fax, 970,479.2452 e.eGWraaarcEVELOaMENr web: w'ww.ttailgo+t.[om Project Name: SfEPHANOFF RESIDENCE PEC Number: PEC060069 Project Description: SITE COVERAGE VARIANCE Participants: OWNER STEPHANOFF, ROBERT A. MICHAI0/09/2006 Phone: 390-4529 PO BOX 4573 VAIL CO 81658 ARCHITECT RKD ARCHITECTS 10/09/2006 Phone: 970-926-2622 PO BOX 5055 EDWARDS CO 81632 License: C000001770 APPLICANT STEPHANOFF, ROBERT A. MICHAI0/09/2006 Phone: 390-4529 PO BOX 4573 • VAI L CO 81658 Project Address: 2339 CHAMONIX LN VAIL Location: 2339 CHAMONIX LANE Legal Description: Lot: il Block: A Subdivision: VAIL DAS SCHONE FIL 1 Parcel Number: 2103-114-0101-0 Comments: BOARD/STAFF ACTION Motion By: KJESBO Action: APPROVED Second By: CLEVELAND Vote: 5-0 Date of Approvai: 11/13/2006 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. ~ • Planner: Bill Gibson PEC Fee Paid: $500.00 Rlanning and Environmental Commisson • A+~~ION FORM ~ i~epartrnent af Cammunity Development MWWOF 75 South Frontage Raad, Vaif, Cr~lara~da 81657 tel: 970.479.2139 fax, 970,479.2452 co%%"rroXv~LOP,rENT web: www.vaifgav.cam Project Name: LH PARKING SKI STORAGE PEC Number: PEC060068 Project Description: CUP TO OPERATE A SKI STORAGE FACILITY IN THE LIONSHEAD PARKING STRUCTURE Participants: OWNER TOWN OF VAIL 09/27/2006 C/0 FINANCE DEPT 75 S FRONTAGE RD VAI L CO 81657 APPLICANT ALL MOUNTAIN SPORTS 09/27/2006 Phone: 949-9248 PHILIP L. HORSMAN Project Address: 395 S FRONTAGE RD WEST VAIL Location: LIONSHEAD PARKING STRUCTURE Legal Description: Lot: 1 Block: 2 Subdivision: VAIL LIONSHEAD FIL 1 • Parcel Number: 2101-064-0701-2 Com ments: BOARD/STAFF ACTION Motion By: KJESBO Action: APPROVED Second By: JEWITT Vote: 5-0 Date of Approval: 11/21/2006 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: CON0008563 This conditional use permit approval shall expire and become void upon expiration or termination of the lease agreement between the applicant and the Town of Vail. Cond: CON0008564 The hours of operation for this ski storage facility shall occur no earlier than 6:OOAM and no later than 10:00PM daily. . Cond: CON0008565 The applicant must obtain Town of Vail design review approval for any exterior signage and/or lighting for this ski storage facility. Planner: Bill Gibson PEC Fee Paid: $650.00 Planning and Environmental Commisson ~ acTION FORM l~ epartmerat af Cammunity C~eveloprr~ent [3 • 75 South Frontage Roar#, Vail, Colora~do 81657 tel:910.479.2139 fax:970,479.2452 COW&NnMVELOMErar web: www.vailgov.corn Project Name: VISTA BAHN BLDG.QUASI PUBLIC PEC Number: PEC060067 Project Description: APPROVAL FOR A QUASI-PUBLIC COCKTAIL LOUNGE AND BAR ON THE THIRD FLOOR OF THE VISTA BAHN BLDG. THE PROPOSED USE WAS DEi'ERMINED TO BE SIMILAR TO A COCKTAIL LOUNGE AND BAR BY THE TOWN COUNCIL. Participants: OWNER REMONOV & CO INC 09/26/2006 PO BOX 1888 EDWARDS CO 81632 APPLICANT NORRIS DESIGN 09/26/2006 Phone: 303-892-1166 ]OHN DURHAM Project Address: 333 BRIDGE ST VAIL Location: VISTA BAHN BUILDING • Legal Description: Lot: C Block: 2 Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 2101 082-4200-1 Comments: See Conditions BOARD/STAFF ACTION Motion By: Rollie Kjesbo Action: APPROVED Second By: Dick Cleveland Vote: 5-0-0 Date of Approval: 11/13/2006 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: 113 All development applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, ~ this Ordinance shall not apply to such development applications. Planner: Warren Campbell PEC Fee Paid: $650.00 M I ~ Planning and Environmental Commissan • ACTION FORM . l Department af Cammunity aevelopment T jEVF [m 75 Sauth Frontage Road, Vaiij Colora~do SiC57 41 tel: 970.479.2139 fax: 970.479.2452 ccAr"ary MvELOPWrsr web; www.vailgov.corr? Project Name: SOLARIS SALES OFFICE PEC Number: PEC060066 Project Description: FINAL APPROVAL TO ALLOW FOR A REALESTATE SALES OFFICE FOR THE SOLARIS PROJECT SOLELY. Participants: OWNER VAIL DOVER ASSOCIATES LLC 09/22/2006 4148 N ARCADIA DR PHOENIX AZ 85018 APPLICANT MAURIELL.O PLANNING GROUP, LL09/22/2006 Phone: 970-748-0920 PO BOX 1127 AVON CO 81620 License: C000001697 Project Address: 82 E MEADOW DR VAIL Location: ONE WILLOW BRIDGE ROAD • Legal Description: Lot: 2 Block: Subdivision: SONNENALP SUBDIVISION Parcel Number: 2101-082-8000-2 Comments: See Conditons BOARD/STAFF ACTION Motion By: Rollie Kjesbo Action: APPROVED Second By: Bill Jewitt Vote: 5-0-0 (Bernhard/Gunnion) Date of Approval: 11/13/2006 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: CON0008549 The approval of this conditional use permit for a professional (real estate) office shall expire on June 1, 2009. • Cond: CON0008550 The applicant shall submit a separate complete Design Review application for all signage associated with the professional (real estate) office. Cond: CON0008551 The approval of this conditional use permit for a professional (real estate) office ~ / shall limit the sale of real estate within the office to solely the product offered by the Solaris development, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. • Planner: Warren Campbell PEC Fee Paid: $650.00 • • Planning and Environmental Commisson I ACZICIN fORM 0 ' ~ i~epartment af Community [3eveiopment ~~~~~I~lt ! 75 Stauth Frontage Raad, ~lai[, C+~I~rrado B1fi~57 tel: 970.479.2139 fax: 970,479.2452 COWMrroEVeuOPME+rr vrreb: www.vaiEgnv.com Project Name: BOOTH CREEK TEXT AMENDMENT PEC Number: PEC060065 Project Description: FINAL APPROVAL FOR AN AMENDMENT TO SECTION 12-6E-3 CONDITIONAL USES, TO ALLOW FOR THE INCLUSION OF PROFESSIONAL OFFICES AS A CONDITIONAL USE IN THE RESIDENTIAL CLUSTER ZONE DISTRICT. Participants: OWNER BOOTH CREEK MANAGEMENT CORP.09/22/2006 Phone: 970-476-4030 950 RED SANDSTONE RD-UNIT 43 VAIL CO 81657 APPLICANT VAIL COLORADO MUNICIPAL BLDG09/22/2006 75 S FRONTAGE RD VAIL CO 81657 Project Address: 75 S FRONTAGE RD WEST VAIL Location: BOOTH CREEK • Legal Description: Lot: A@B Block: 5D Subdivision: Vail Village Filing 1 Parcel Number: 2101-064-0000-3 Com ments: BOARD/STAFF ACTION Motion By: Kjesbo Action: APPROVED Second By: ]ewitt Vote: 5-0-0 Date of Approval: 11/13/2006 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). Planner: Elisabeth Eckel PEC Fee Paid: $1,300.00 0 Planning and Envifonmerrtal Cammisson ACTION Ft3RM ~ x 1 Depar#ment of Carrrmunity Derrelopment TOWN75 ff ~j~'j ~ South Frontage Road, Vait, Calorado 61657 !fllr tel:97a.479.2139 fax:970.479.2452 COWANr,rae„eLOPWrrr web: www.vaifgoW.com Project Name: SLICK/KECK EXEMPTION PLAT PEC Number: PEC060063 Project Description: I FINAL APPROVAL TO MODIFY THE COMMON LINE BEfWEEN LOTS 3 AND 4 WITH NO NET CHANGE IN THE RESPECTIVE LOT SIZES AND NO VIOLATION OF SETBACK REQUIREMENTS Participants: OWNER SLICK ASSET MNGMNT TRUST - W09/05/2006 & SALLY S. SLICK CO-TRUSTEES 10603 S EVERS PARK DR HOUSTON TX 77024 APPLICANT SLICK ASSET MNGMNT TRUST - W09/05/2006 & SALLY S. SLICK CO-TRUSTEES 10603 S EVERS PARK DR HOUSTON TX 77024 • Project Address: 4876 JUNIPER LN VAIL Location: 4916A & 4920 JUNIPER LANE Legal Description: Lot: 3 Block: 5 Subdivision: BIGHORN 5TH ADDITION Parcel Number: 2101-131-0202-6 Comments: See Conditions BOARD/STAFF ACTION Motion By: Rollie Kjesbo Action: APPROVED Second By: Chas Bernhardt Vote: 6-0-1 (Pierce recused) Date of Approval: 09/25/2006 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. Planner: Warren Campbell PEC Fee Paid: $650.00 • Planning and Environmental Commissan ACTION FORM • . t Department of Cammunity Developrraent TO~~ ~75 South Frontage Road, Vail, Colorado 81657 tef:970.479.2139 fax:970.479.2452 006«,11"rrcEW-LOPMCNT web: www,vailgctv.com I Project Name: LANGE VARIANCE PEC Number: PEC060059 Project Description: FINAL APPROVAL FOR A VARIANCE FOR A DECK FOR AN EXISTING DUPLEX - variance application withdrawn by staff due to lack of necessity for requests Participants: OWNER LANGE, NADINE 07/27/2006 1509 YORK ST DENVER CO 80206 APPLICANT DAVID IRWIN 07/27/2006 Phone: 390-0931 PO BOX 3342 VAIL CO 81658 I Project Address: 1905 W GORE CREEK DR VAIL Location: 1905 W. GORE CREEK DR. WEST AND EAST SID •Legal Description: Lot: 27 Block: Subdivision: VAIL VILLAGE WEST FIL 2 Parcel Number: 2103-123-0602-6 Comments: 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: PEC Fee Paid: $500.00 • Planning and Environmental Commissfln ACTION FORM • ~ l Department of Community Development T~~ ~ 75 5outh Frontage Road, Vai[, Colorada 83.657 te1:970.479.2139 fax:970.479.2452 cxn";arrMuELaaMEN- we17: vltww.vaifgov.COm Project Name: GOLDEN PEAK CUP RACE/STORAGE PEC Number: PEC060057 Project Description: Conditional Use permit request for redevelopment of ski racing factilities to include demo of 3 existing buidlings and construction of one new 3500 square foot race building with office space (3 offices), lunch room, timing room, lockers, etc. Participants: OWNER VAIL CORP 07/26/2006 PO BOX 7 VAIL CO 81658 APPLICANT BAILEY & PETERSON 07/26/2006 Phone: 476-0092 JAY PETERSON 108 S. FRONTAGE RD, STE 208 VAIL CO 81657 • Project Address: 458 VAIL VALLEY DR VAIL Location: GOLDEN PEAK Legal Description: Lot: Block: Subdivision: GOLDEN PEAK CONDOS Parcel Number: 2101-082-7101-2 Comments: see condition BOARD/STAFF ACTION Motion By: Kjesbo Action: APPROVED Second By: Bernhardt Vote: 7-0-0 Date of Approval: 08/14/2006 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: CON0008363 Prior to release of a buildign permit from the TOV Community Development Department, • the applicant shall receive approval of the associated design review request. Planner: PEC Fee Paid: $650.00 Ptanning and Environmenta! Commissoli • ACTION FORM . - ~E Department af Community Development 7OWNOIF VNL ~ 75 South Frontage Road, Vail, Catorada 31657 tei:970.479.2139 fax:970.479.2452 eCn»Ururr Ceti€LaPMtwr tNef] : 4V W YJ.va i I go+c. C0 fY1 Project Name: ERWSD MANHOLE/SEWER PEC Number: PEC060055 Project Description: GRADING IN FLOODPLAIN (SEWER LINE INSTALLATION) Participants: OWNER TOWN OF VAIL 07/24/2006 C/O FINANCE DEPT 75 S FRONTAGE RD VAIL CO 81657 APPLICANT EAGLE RIVER WATER & SANITATI07/24/2006 Phone: 970-476-7480 - • • 846 FOREST ROAD I VAIL CO 81657 License: 362-8 CONTRACTOR EAGLE RIVER WATER & SANITATI07/24/2006 Phone: 970-476-7480 • 846 FOREST ROAD VAIL CO 81657 ~ License: 362-B Project Address: Location: WEST OF VAIL VILLAGE 6TH FILING, NORTH 0 Legal Description: Lot: Block: Subdivision: VAIL VILLAGE FILING 2 - Parcel Number: 2101-072-0000-1 Comments: BOARD/STAFF ACTION Motion By: CLEVELAND Action: APPROVED Second By: JEWITT Vote: 7-0 Date of Approval: 08/14/2006 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 shail not be not become valid for 20 days following the date of approval. Cond: CON0008359 Prior to construction, the applicant shall comply with the requirements of all applicable local, state, and federal permits and approvals. Cond: CON0008360 Prior to construction, the applicant shall submit written documentation to the Town of Vail verifying Vail Resort's granting oF an easement aliowing for the construction of the new sanitary sewer line. • Cond: CON0008361 Prior to construction, the applicant sha11 coordinate ail grading associated viith this proposal with the State of Colorado Division of Wildiife to ensure the ' protection of fish and other aquatic species. Cond: CON0008362 Within 30 days of completion of the improvements/modifications within the 100-year floodplain, the applicant shail obtain Town of Vaii approval of an as-built survey demonstrating that the 100-year floodplain was modified in accordance with this approval. Ptanner: Bill Gibson PEC Fee Paid: $400.00 • I • ~ PIanning and Enrrironment~~ Commisson • ACTION Ft3RM ~ ~ Department of Community Deveiopment TOE'VOTrF ~ 75 South Frantage Road, Vail, Colorado 81657 te1:970.479.2139 fax:970.479.2452 cC&Wti1rY oFEvELOPMENT web: www.vailgov.carati Project Name: GANNETT RESIDENCE PEC Number: PEC060054 Project Description: VARIANCE FOR RET'AINING WALL HEIGHT Participants: i OWNER GANNETT, KATHRYN 07/17/2006 690 ARDSLEY RD WINNETKA IL 60093 APPLICANT STEVEN )AMES RIDEN, AIA ARCH07/17/2006 Phone: 949-4121 PO BOX 3238 VAIL CO 81658 License: C000001738 Project Address: 796 FOREST RD VAIL Location: 796 FOREST ROAD • Legal Description: Lot: 13 Block: 1 Subdivision: VAIL VILLAGE FILING 6 Parcel Number: 2101-072-1101-3 Comments: BOARD/STAFF ACTION Motion By: Action: WITHDRWN Second By: Vote: Date of Approval: Conditions: Planner: Bill Gibson PEC Fee Paid: $500.00 • Planning and Environmental Commisson • ACTI+DN FORM . ~ Department of Cammunity DeveJopment 75South Frontage Road, Vail, ~Colo~ra~lo S1b57 te1:970.479.2139 fax:970.479.2452 ooM,«."rr~~LOPMEW web: www.Vaifgov.com Project Name: BECKER TRUST EXEMPTION PLAT PEC Number: PEC060051 Project Description: FINAL APPROVAL TO ABANDON THE LOT LINE BE?WEEN LOT 13 AND LOT 12 BIGHORN SUBDIVISION. Participants: OWNER BECKER APPOINTMENT TRU5T 07/10/2006 PO BOX 3043 SHELTER ISLAND HTS NY 11965-3043 APPLICANT TRUDY F. THOMAS 07/10/2006 Phone: 719-545-8544 PO BOX 3043 SHELTER ISLAND HEIGHTS NY 11965 Project Address: 4026 LUPINE DR VAIL Location: 4026 LUPINE DR • Legal Description: Lot: 13 Block: Subdivision: BIGHORN SUB Parcel Number: 2101-122-1500-3 Comments: See Conditions BOARD/STAFF ACTION Motion By: Rollie Kjesbo Action: APPROVED Second By: Bill Jewitt Vote: 7-0-0 Date of Approval: 08/16/2006 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. Planner: Warren Campbell PEC Fee Paid: $650.00 • Ptanning and Environmental Commi3soii ~ ACTI ON FORM A Department oc Community L}eve1opment TOWN75 South Fr~ontage Road, 11aiI, Co[orada ~#lEr57 tel: 970.479.2139 fax.970.479.2452 COASUNIrrtEvE"kiErrr weh: wwrw.vaifgQW.carn Project Name: STREICH EXEMPTION PLAT PEC Number: PEC060048 Project Description: FINAL APPROVAL A RE-PLAT OF A COMMON LOT LINE SEPERATlNG LOTS 2& 3, BIGHORN SUBDIVISION Participants: OWNER STREICH, FREDERICK C. & JANE06/26/2006 6300 CHARRINGTON DR ENGLEWOOD CO 80111 APPLICANT JAMES (SANDY) SALMONS 06/26/2006 Phone: 303-77136572 CARTER CORP. 5031 UESTER ST. STE. 410 DENVER CO 80237 Project Address: 5087 MAIN GORE DR NORTH VAIL Location: 087 MAIN GORE DR/5097 MAIN GORE DR Lega) Description: Lot: 2 Block: 1 Subdivision: BIGHORN 5TH ADDITION Parcel Number: 2099-182-0100-7 2099-182-0100-8 Comments: See conditions BOARD/STAFF ACTION Motion By: Cleveland Action: APPROVED Second By: ]ewitt Vote: 6-0 Date of Approval: 07/24/2006 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: CON0008321 1)A plat note shall be placed on the plat by the applicant's surveyor, prior to being signed by the Chairman, which states the following: "No side sefiback variance requests may be approved by the Planning and Environmental Commission (PEC) which reference the shared property line between Lots 2 and 3, as reconfigured by this plat, as a hardship or a factor in requesting the setback variance." The reason for this condition of approval is due to the applicants' creation of a site shape and dimension which could result in a new owner requesting a variance for future development. Planner: Matt Gennett PEC Fee Paid: $650.00 • • • i i P[anning and Enviranmental +Commisson • ACTIaI'rt F4RM : l Depa~~tment af Community Detaelopment ~ ' 75 Sauth Frontage Road, itaif, Ca[orado 816,~7 teC: 970.479.2139 fax: 970,479.2452 r~.s~ns.x.awirY cfu~~PMeNr Web: www.va"tlgov.tam Project Name: KJESBO FLOODPLAIN PEC Number: PEC060046 Project Description: FINAL APPROVAL TO EXCAVATE IN THE FLOOD PLAIN AND RETURN TO ORIGINAL GRADE Participants: OWNER NEDRELOW, JEANNE - KJESBO, R06/19/2006 PO BOX 3419 VAIL CO 81658 APPLICANT NEDRELOW, JEANNE - KJESBO, R06/19/2006 PO BOX 3419 VAIL CO 81658 Project Address: 3877 LUPINE DR VAIL Locatican: 3877 LUPINE DR • Legal Description: Lot: 6 Block: 1 Subdivision: BIGHORN 1ST ADDITION Parcel Number: 2101-111-0200-2 Comments: see conditions of approval BOARD/STAFF ACTION Motion By: Cleveland Action: APPROVED Second By: )ewitt Vote: 6-0-1 (Kjesbo recused) Date of Approval: 08/14/2006 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: CON0008364 1.That the applicant provides the Community Development Department with an ILC of the site following the completion of the sewer line connection work prior to the granting of a TCO or CO in order to verify no permanent modification to the floodplain has occurred as a result of this proposal. • Planner: Matt Gennett PEC Fee Paid: $400.00 Plartning and Enviranmentat Commisson • ACTION Ft3RM A ~ C?epartment of Community flevelopment ~ VNL' ' 75 Sauth Frontage Road, Vaif, CoForado 81657 TOWNVO t e1:970.479.2139 fax:970.479.2452 OrM,u,wMeuE"MErrr web. www.vai[gov.com Project Name: VAIL CASCADE VARIANCE PEC Number: PEC060045 Project Description: FINAL APPROVAL FOR A VARIANCE FROM THE TOWN OF VAIL DEVELOPMENT STANDARDS CHAPTER 5, TABLE 4, REQUIRING A 20' WIDE GARAGE DOOR ON A TWO WAY PARKING GARAGE ACCESS Participants: OWNER CASCADE VILLAGE THEATER INC 06/16/2006 PO BOX 1152 VAIL CO 81658 APPLICANT RKD ARCHITECTS 06/16/2006 Phone: 970-926-2622 PO BOX 5055 EDWARDS CO 81632 License: C000001770 • ARCHITECT RKD ARCHITECTS 06/16/2006 Phone: 970-926-2622 PO BOX 5055 EDWARDS CO 81632 License: C000001770 Project Address: 1310 WESTHAVEN DR VAIL Location: 1310 WESTHAVEN DRIVE Legal Description: Lot: Block: Subdivision: COLORADO MOUNTAIN CONDO Parcel Number: 2103-121-1400-5 Comments: See conditions BOARD/STAFF ACTION Motion By: Cleveland Action: APPROVED Second By: Jewitt Vote: 6-0 Date of Approval: 07/24/2006 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: CON0008322 1.That a traffic control signal device (stop sign w/ mirror), as specified by the Public Works Department, will be mounted on the interior of the new garage entry by the applicant to indicate when another vehicle is driving toward the entrance at the same time a driver is attempting to exit the garage. The device shall be installed by the applicant prior to a TCO being issued by the Community Development Department • for the Vail Cascade Residences Planner: Matt Gennett PEC Fee Paid: $500.00 • • Plannirtg and EnwiroMmental Commisson . ACTIOtV FORM . A Department of Cammunity Development M~~V41 A 75 Sc~uth Frontage Road, Wai[, Calorad8 81C57 te1:970.479.2139 fax:970.479.2452 r~~~,Mr^r c~~~~LOPWk; web: www.vaiigav.com Project Name: NUGGEf LANE VARIANCE PEC Number: PEC060044 Project Description: Addition of master bedroom at second story of residence. East setback will be reduced from 15' to 9' at the second story, per PEC approval. Participants: OWNER NUGGET LANE PARTNERS LLC 06/12/2006 3033 E FIRST AVE STE 815 DENVER CO 80206 APPLICANT MORTER ARCHITECTS 06/12/2006 Phone: 476-5105 . 2271 N. FORMTAGE RD. W. SUITE 'C' VAIL CO 81657 License: C000002076 • ARCHITECT MORTER ARCHITECTS 06/12/2006 Phone: 476-5105 , 2271 N. FORMTAGE RD. W. SUITE 'C' VAIL CO 81657 License: C000002076 Project Address: 4269 NUGGET LN VAIL Location: 4269 NUGGET LN Legal Description: Lot: 3 Block: Subdivision: BIGHORN RESUB LOT 10& 11 Parcel Number: 2101-123-0600-5 Cornments: see 2 conditions BOARD/STAFF ACTION Motion By: Kjesbo Action: APPROVED Second By: Jewitt Vote: 7-0-0 Date of Approval: 07/10/2006 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:CON0008263 This approval shall be contingent upon the applicant receiving Town of Vail approval of the design review application associated with this variance request. . Cond: CON0008264 The applicant shall pave the existing parking area prior to Temporary Certificate of • Occupancy by the Town of Vail Community Development Department. Planner: PEC Fee Paid: $500.00 I • • I Planning and Environmental Commisson • ACTIU?N FflRM D:~ ~ epartment af Cammunity Developrt~ent MWN 0001F 75 Si outf~ Frontage Ra~ad, Vai4, Golora~lo 81557 te1:970.474.2139 fax.970.479.2452 c.0~4rrMvELoPMEW web: www.vael'gov.com Project Name: COHEN RESIDENCE PEC Number: PEC060040 Project Description: SETBACK VARIANCE Participants: OWNER COHEN, DAVID M. & ELIZABETH 05/26/2006 6350 RIVERSIDE DR ATLANTA GA 30328 APPLICANT FRIIZLEN PIERCE ARCHITECTS 05/26/2006 Phone: 970-476-6342 1650 EAST VAIL VALLEY DR, #C-1 VAIL CO 81657 License: C000001402 ARCHITECT FRITLLEN PIERCE ARCHITECTS 05/26/2006 Phone: 970-476-6342 1650 EAST VAIL VALLEY DR, #C-1 • VAI L CO 81657 License: C000001402 Project Address: 265 BEAVER DAM RD VAIL Location: 265 BEAVER DAM ROAD Legal Description: Lot: 40 Block: 7 Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 2101-071-1201-6 Comments: BERNHARDT&GUNION OPP., PIERCE RECUSED BOARD/STAFF ACTION Motion By: JEWITT Action: DENIED Second By: CLEVELAND Vote: 3-2-1 Date of Approvai: Conditions: Planner: Bili Gibson PEC Fee Paid: $500.00 • II Flanning and Environmental +Comrmisson • ACTION FOFtNt * - ~ Depai-t~nent nr Communit}~ De+relopment • 75 South Frantage ftoad, 1Jail, Colr~radn 81657 tet: 470.479.2139 fax: 970,479.2452 web: www.+railgav.corn Project Name: GOBEC ADDITION PEC Number: PEC060034 Project Description: FINAL APPROVAL FOR A FRONT SEfBACK VARIANCE (SFR) FOR A GARAGE ADDTTION Participants: 01NNER GOBEC, MATrHEW AIVD CORIS 04/25/2006 8330 CENTER ST. KIRTLAND HILLS OH 44060-7849 APPLICANT JOHN M. PERKINS ARCHITECTS, 04/25/2006 Phone: 949-9322 PO BOX 2007 AVON CO 81620 License: C000002001 ARCHITECT JOHN M. PERKINS ARCHITECTS, 04/25/2006 Phone: 949-9322 PO BOX 2007 • AVON CO 81620 License: C000002001 Project Address: 1462 ASPEN GROVE LN VAIL Location: 1462 ASPEN GROVE LANE Legal Description: Lot: 11 Block: 2 Subdivision: LIONS RIDGE SUB. FILING Parcel Number: 2103-014-1501-3 Comments: standard conditions, no additional I BOARD/STAFF ACTION Motion By: Kjesbo Action: APPROVED Second By: ]ewitt Vote: 7-0 Date of Approval: 06/12/2006 II 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: $500.00 Rlanning and Emvironrnental Commisson • ACTION FCtRM OU Depa~~tment of Ca~ramunity Development r~+~WW75 South Fr~ontage itc~ad, Va"[, Co[~ar~ado 81657 te(: 970.479.2139 fax:970,479.2452 CE:aEu3«s;1FNT Web: WW1til.V34l'gDLI'.Cd(!1 Project Name: REISS CODE AMENDMENT PEC Number: PEC060020 Project Description: FINAL APPROVAL FOR A ZONING CODE AMENDMENT TO SECTION 12-2144, E, 1 FORM 15 % TO 20% SITE COVERAGE FOR REISDENTIAL BUILDINGS ON SITES IN EXCESS OF 30% SLOPE. Participants: OWNER HELMUT, REISS 03/17/2006 1401 LAVENDER LN LAGUNA BEACH CA 92651 APPLICANT ISOM & ASSOCIATES 03/17/2006 Phone: 328-2388 PO BOX 9 EAGLE CO 81631 Project Address: 2672 CORTINA LN VAIL Location: 2672 CORTINA LANE ~ Legal Description: Lot: 8 Block: B Subdivision: VAIL RIDGE Parcel Number: 2103-142-0303-4 Comments: Approved with modifications BOARD/STAFF ACTION Motion By: Kjesbo Action: APPROVED Second By: Jewitt Vote: 5-1 (Cleveland opposed) Date of Approval: 05/08/2006 I 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). Planner: Matt Gennett PEC Fee Paid: $1,300.00 ~ Planning and Environmental Commisson ACTION FORM ~ . ~ Department af Cammunity Develapment I TOM OF r ~ 75 Soufih Frontage Raad, VaiR, Colora~it~ 81657 tel:970.479.2139 fax:974.479.2452 r,C6WN1rroE,neGCPMEarr web: w4rrw.vailgf3v:.com Project Name: TRAKINA RESIDENCE PEC Number: PEC060010 Project Description: CONDOMINIUM MAP (COMBINATION OF UNITS #404 AND #405 INTO ONE UNIT) Participants: OWNER TRANKINA, MARK F. & SUSAN B.01/24/2006 2105 LONGLEAF TRL BIRMINGHAM AL 35243 CONTRACTOR ALLEMAN CONSTRUCTION INC. 01/24/2006 Phone: 970-476-4831 365 VAIL VALLEY DRIVE VAIL CO 81657 License: 480-B APPLICANT ANTLERS AT VAIL 01/24/2006 Phone: (970) 476-2471 680 W. LIONSHEAD PLACE VAIL • CO 81657 License: 305-A Project Address: 680 LIONSHEAD PL VAIL Location: ANTLERS AT VAIL, #404 Legal Description: Lot: 3 Block: Subdivision: ANTLERS CONDO Parcel Number: 2101-072-0604-0 Comments: BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 07/19/2006 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). Planner: Bill Gibson PEC Fee Paid: $100.00 • Rtanning aiid Edivircanmenta1 Cammisson • ACTION FORM Oik D~-~~artrient af Cmm~~r„nih,~ De~rRlcpn~ent ~ 75 Soitkh FtQntaa~e ~tr~ad, ~1'ail, Co{or'ad,a 31657 te[: 970.4; 3.2139 fax: 970.479.2452 ~.~tttai ~r rr,C~.ce~a tWra-~ Web: 4VwVJ, v7 f I J(7 V. CO n'i Project Name: VAIL RACQUET CLUB CONDO PLAT PEC Number: PEC060004 Project Description: FINAL APPROVAL FOR AN EXEMPTION PLAT. AMENDED CONDO MAP 11TH SUPPPLEMENT FOR I BLDG 15, UNITS 1 THRU 4. Participants: OWNER RACQUET CLUB OWNERS ASSOC 01/12/2006 4690 VAIL RACQUET CLUB DR VAIL CO 81657 APPLICANT RACQUET CLUB OWNERS ASSOC 01/12/2006 4690 VAIL RACQUET CLUB DR VAIL CO 81657 Project Address: 4800 MEADOW DR VAIL Location: VAIL RACQUET CLUB • Legal Description: Lot: Block: Subdivision: VAIL RACQUET CLUB CONDOM Parcel Number: 2101-124-3100-1 I Comments: i BOARD/STAFF ACTION Motion By: Action: STAFFAPR , Second By: Vote: Date of Approval: 08/15/2006 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). Planner: Matt Gennett PEC Fee Paid: $650.00 0 ! PLANNlNG AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • . July 24, 2006 TOWNOF YAIL" 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Site Visits: 1. Streich / Salmons Residence - 5087, 5097 Main Gore Drive 2. Cohen Residence - 265 Beaver Dam Road 3. Whitewater Park - East of the International Bridge on Willow Bridge Road 4. Lion Square Lodge East- 660 West Lionshead Place 5. Vail Cascade Residences - Vaii Cascade Subdivision Driver: George 20 minutes 9. A request for a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Lion Square Lodge East; a request for a final review of a variance from Section 12-71-1-10, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for encroachments in the setbacks; and a request for a recommendation to the Vail Town Council for an amendment to Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, to create build-to-fines to allow for encroachments in the setbacks; located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0041) Applicant: Lion Square Lodge East, represented by Bill Anderson Planner: Bill Gibson ACTtON: MOTION: SECOND: VOTE: 15 minutes 2. A request for a final review of a variance, from Section 12-613-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a garage addition within the front setback, located at 265 Beaver Dam Road/Lot 40, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0040) Applicant: David Cohen, represented by Fritzlen Pierce Architects Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: • , Page 1 . 10 minutes 3. A request for a final review of a variance from Chapter 14-5, Parking Lot and Parking Structure Design Standards For All Uses, pursuant to Chapter 12-17, Variances, to allow for a garage • entry opening to be 12 feet (12,) wide instead of the required minimum width of twenty feet (20,), located at Vail Cascade ResidencesNail Cascade Subdivision, and setting forth details in regard thereto. (PEC06-0045) Applicant: Steve Lindstrom, represented by RKD Architects, Inc. Planner: Matt Gennett ACTION: MOTION: SECOND: VOTE: 5 minutes 4. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendments, Vail Town Code, for proposed amendments to Chapters 12-21, Hazard Regulations, 14-7, Geologic/Environmental Hazards, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create Wildfire Regulations that add wildfire hazard to the Hazard Regulations and require mitigation in high and extreme wildfire hazard zones, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail , Planner: Rachel Friede ACTION: MOTION: SECOND: VOTE: 5 minutes 5. A request for a final review of an Exemption Plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a proposed realignment of the common • property line between Lots 2 and 3, located at 5087 and 5097 Main Gore Drive, Bighorn Subdivision, and setting forth details in regard thereto. (PEC06-0048) Applicant: Fred and Janet Streich and Sandy Salmons Planner: Matt Gennett ACTION: MOTION: SECOND: VOTE: 10 minutes 6. A request for a final review of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek streambank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. (PEC06-0050) Applicant: Town of Vail, represented by Gregg Barrie Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 7. A request for a final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the installation of a sanitary sewer line in the Gore Creek Floodplain; located at 3877 Lupine Drive/Lot 6, Block 1, Bighorn 15` Addition, and setting forth details in regard thereto. (PEC06-0046) Applicant: Roland and Jeanne Kjesbo Planner: Matt Gennett . • ACTION: To be tabled to August 14,2006 MOTION: SECOND. VOTE. , Page 2 . 8. A request for a final review 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: Matt Gennett ACTION: Ta be tabled to August 14, 2006 MOTION: SECOND: VOTE: 9. A request for a final review of a variance, from Section 12-6D-8, Density Control, and Section 12- 15-2, Gross Residential Floor Area Requirements by Zone District, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the secondary unit of a primary/secondary development to construct more than 40% of the allowable gross residential floor area (GRFA), located at 1989 Circle Drive/Lot 27, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC06-0049) Applicant: James Garland and John Kirschner, represented by Galen Aasland Planner: Bill Gibson ACTION: To be tabled to August 14, 2006 MOTION: SECOND: VOTE: 10. A request for a finaf recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for text amendments to Article 12-7A, Public Accommodations District, Vail Town Code, to allow for banks and financial institutions as a conditional use within the Public Accommodations District, and setting forth details in regard thereto. (PEC06-0047) Applicant: Town of Vail • Planner: Rachel Friede ACTION: WITHDRAWN 11. Approval of July 10, 2006 minutes MOTION: SECOND: VOTE: 12. Information Update 13. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the Nublic hearin9 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 calf (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published July 21, 2006, in the Vail Daily. • Page 3 ~ MEMORANDUM TO: Planning and Environmental Commission I FROM: Community Development Department DATE: July 24, 2006 SUBJECT: A request for a final review of a variance, from Section 12-6B-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a garage addition within the front setback, located at 265 Beaver Dam Road/Lot 40, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0040) Applicant: David Cohen, represented by Fritzlen Pierce Architects Planner: Bill Gibson 1. SUMMARY . The applicant, David Cohen, represented by Fritzlen Pierce Architects, is requesting a final review of a variance, from Section 12-613-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a garage addition within the front setback, located at 265 Beaver Dam Road/Lot 40, Block 7, Vail Village Filing 1, and setting forth details in regard thereto • 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, subject to the findings noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant, David Cohen, represented by Fritzlen Pierce Architects, is proposing to convert an existing 420 sq. ft. lower-level garage, a portion of which is located within the front setback (setback variance approved in 1983), into a media room. Additionally, the applicant is proposing to construct a new 610 sq. ft. garage addition (75 sq. ft. of which is located within the front setback) adjacent to the proposed media room. The new garage addition will both infill an area located below an existing deck and create new building footprint. The above the new garage will be a dining room addition (in conformance with the setback requirements) and a flat roof deck. The applicant is proposing to reconstruct the driveway to provide adequate head-height within the garage and to create positive drainage away from the garage and house. The applicant is also proposing a 138 sq. ft. lower-level guest bedroom addition and a 159 sq. ft. upper-level master bedroom addition directly north of the proposed garage addition. These bedroom additions comply with the setback requirements. A vicinity map (Attachment A), the applicant's request (Attachment B), site photographs (Attachment C), and proposed architectural plans (Attachment D) have all been attached • for reference. 1 III. BACKGROUND ~ The subject property was originally subdivided in 1962 and included as part of the original Town of Vail in 1966. The Cohen Residence, which is the southern half of the existing duplex, was originally constructed in 1967, prior to the Town of Vail adopting zoning regulations in 1973. The structure was legally non-conforming in regard to the foot front setback requirements prescribed by zoning. In 1983, the Planning and Environmental Commission approved a front setback variance to allow for a remodel of the original legally non-conforming structure and an infill of a previously existing deck located in the front setback, based upon the location of the original structure. The north half of the presently existing duplex was also constructed at that time. Additional renovations to the subject residence occurred in 1987. Historic architectural plans (Attachment E) and historic Commission memorandums and meeting minutes (Attachment F) have been attached for reference. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, 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. 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 Gommission 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. • 2 ~ 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 12-6D: Two-Family Residential (R) District (in part) 12-6D-1: PURPOSE: The two-family prrmary/secondary residential district is intended to i 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 residenfial qualities of such sites by establishing appropriate site development standards. 12-6D-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 I • (15'), and the minimum rear setback shall be fifteen feet (15). Chapter 12-17: Variances (in part) II 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 objecfives 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: 265 Beaver Dam Road Legal Description: Lot 40, Block 7, Vail Village Filing 1 Zoning: Two-Family Primary/Secondary Residential Land Use Plan Designation: Low Density Residential Current Land Use: Two-Family Dwelling Lot Size: 29,807 sq. ft. (0.68 acres) • 3 I Standard Allowed/Required Existinq Proqosed • Setbacks (min): Front: 20 ft. 5 ft. no change Front(garage)20 ft. 14 ft. 12 ft. Sides 15 ft. >15 ft. />15 ft. no change Rear: 15 ft. >15 ft. no change GRFA (max): 8,425 sq. ft. 7,526 sq. ft. 8,264 sq. ft. Subject Unit: n/a . 4,103 sq. ft. 5,143 sq. ft. Secondary: 3,370 sq. ft. (40%) 3,121 sq. ft."` no change Site coverage (max.): 5,961 sq. ft. (20%) 4,841 sq. ft. (16%)" 5,620 sq. ft. (18%)* Landscape Area(min):17,884 sq. ft. (60%) 21,829 sq. ft. (73%)' 21,670 sq. ft. (73%)* * based upon some historic file information based upon 27% basement deduction calculation VII. SURROUNDING LAND USES AND ZONING Land Use Zonin North: Gore Creek Natural Area Preservation South: Residential Two-Family Primary/Secondary East: Residential Two-Family Primary/Secondary West: Residential Two-Family Primary/Secondary • 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 Reaardinq Variances: 1. The relationship of the requested variance to other existing or potentiai uses and structures in the vicinity. If approved, this proposed setback variance will result in the construction of additional bulk and mass within the setback. Therefore, Staff believes the proposed setback variance request will have a negative effect on other existing or potential uses and structures in the vicinity. 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. The Planning and Environmental Commission has consistently held that construction of a structure prior to the adoption of the current zoning • regulations may be a basis for granting a variance from the Town's current zoning regulations. In 1983, the Commission approved a front 4 • setback variance to allow for the enciosure of an existing deck and an overall renovation of the original 1967 residence. Staff agrees with the Planning and Environmental Commission's 1983 decision that the close proximity of the original structure to the front property line created a hardship that justified the front setback variance, and that the 1983 setback variance was necessary to achieve compatibility and uniform treatment among sites in the vicinity. However, Staff believes the approval of another front setback variance, beyond the scope of relief granted by the 1983 variance, will result in a grant of special privilege. The existing garage at 153 Beaver Dam Road is legally non-conforming in regard to the front setback requirements; however, no front setback variance has been granted for this property or any other on Beaver Dam Road. Staff believes the encroachment of proposed new garage addition in the front setback is caused by the applicanYs desire to convert the existing garage into a media room, rather than the physical location of the original 1967 residence. The Planning and Environmental Commission has consistently granted setback variances for new garage additions to homes that were originally constructed without garages prior to the Town's adoption of zoning regulations. The locations of these existing homes have created hardships and the construction of a garage furthers the Town's development goals and objectives related to traffic and • parking. However, to the best of Staff's knowledge, the Commission has not approved a setback variance for a garage, and then allowed the applicant to displace that garage by converting it to gross residential floor area (GRFA), and then granted yet another setback variance for a new, more non-conforming, garage. The existing garage is 456 sq. ft. in size which accommodates two parking spaces. The Vail Town Code requires a minimum dimension of 9' x 18' equaling 162 sq. ft. per space (total of 324 sq. ft.). The new garage addition proposed by the applicant is 615 sq. ft. in size, which exceeds the maximum GRFA deduction credit of 600 sq. ft. and the minimum area for two parking spaces of 324 sq. ft. Staff believes that a two-car garage smaller than 615 sq. ft. can be constructed on this site in conformance with the front setback requirements. Typically, when past variances were granted for garage additions, the proposed garage was 600 sq. ft. or smaller. For example: 1448 Vail Valley Drive (600 sq.ft.), 2339 Chamonix Lane (490 sq.ft.), 2576 Davos Trail (526 sq.ft.), 2942 Bellflower (576 sq.ft.), 2409 Chamonix Road (462 sq.ft.), 1886 West Gore Creek Drive (400 sq.ft.), 4238 Nugget Lane (504 sq.ft.), etc. Staff believes design alternatives exist that could achieve the applicant's desire for a media room in conformance with the setback requirements. For example, the construction of a media room in another area of the house without displacing the existing garage, changing the dimensions of • the proposed garage addition, converting only a portion of the existing garage into a media room and shifting the new garage addition to the 5 I west, instead of constructing bedroom additions construct a new garage • addition to the north of the existing driveway, etc.) Staff believes the applicanYs request for a front setback variance exceeds the degree of relief necessary to achieve compatibility and uniform treatment among sites in the vicinity. Additionally, Staff believes approval of the applicant's front setback variance request will be a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 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. T_h_e Planninq and Environmental Commission shall make the following findinqs before qrantinq 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. • 6 • IX. STAFF RECOMMENDATION The Community Development Department recommends denial of a final review of a variance, from Section 12-6B-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a garage addition within the front setback, located at 265 Beaver Dam Road/Lot 40, Block 7, 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 deny 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 12-68-6, Setbacks, Vail Town Code, pursuant to , Chapter 12-17, Variances, to allow for a garage addition within the front setback, located at 265 Beaver Dam Road/Lot 40, Block 7, 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: 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 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 will not result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town Code. 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 Two-Family Primary/Secondary Residential District.. c. The strict interpretation or enforcement of the specified regulation will not deprive the applicant of privileges enjoyed by the owners of other properties in the Two-Family Primary/Secondary Residential District.. • 7 X. ATTACHMENTS ~ A. Vicinity Map B. Appiicant's Request ' C. Site Photographs D. Architectural Plans E. Historic Architectural Plans F. Historic Planning and Environmental Commission Memorandum and Minutes G. Public Notice ~ • 8 Attachment: A b,' rr~ 7'~a ' 4M ' ~s~i} • q '~~~q•Y~•~' u~ ~~~~~..d ~tl ~ r~ ~ f~~ % 4€ , ~ ~ ~ ~ ~.'1P.- JA . ~ ~ z a~,i • ~ & ~x t F 3 4~ K' ` • 5 ~T,~~- i% -~.4k. e ~ r e" ~~t ~ l_ o ~ ~4. 1 ~ O ' ,11 } ~J' I + SQy ~h Y~ 1ME ~ "~.ti o , I31` a N ,,"P k ~v ? ~~~E R ~ , ~ P • ` A.~ • • 's ~ ~ ~ ~ ~ Y J ~ll~ ~~~y ~ ~ p, ~ 4 tx6 ~ • i ~ 04 d~•v I, u~1 ~ ~ ~ . . , 1 fu w, * r ~ ' a,~d°sxR r~4ir i Ln O ~ O '3 d ~ ,WN ~t ~ e ~ ~ ~ , a• -o f y ~4' ~1, p' . w1Y~t~ s x~ ~ J 4t ll R C: co CY) ' •~np ~l ~ r d k~~j. ~'w,,,-~ rrV j,~~S'~.~r' . ""j'"1~~'~ ~ •`.~.4I~~~ ~~y1~ d. ~ Y^µ ~ ~ in ~s$ 4 . : ELL 4.1 t'i ~ 4®r ~ ~ ~~p ~ ~4 ~ • ~ . F. I ~ • ~ . .~t.. M, . ~ "~Ps ~Y'(.l.. . ~~i y~{~i,~,~~ ,~~y eY~~3 ~~++Y~ir " ~t . . ,~•:f~ re • . . - . . . . - . w Attachment: B FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO • PEC AQpiication - Variance Cohen Residence ~ NARRATIVE Description: The variance requested is for newly proposed garage/deck expansion to encroach into the 20'-0" street setback. Approximately 150 sq. ft of garage/deck will be located within the 20'-0" street setback, none of which is habitable space. Also, a note of interest is that the proposed addition (garage) is located below street level and is below the street level and should be hidden existing foliage. • FRITZLENI ' • PIERCE. ~ > }w~"` ~6 't~~r - pn./.~JL~.~~~F~~ ~.,~s ~,r y Attachment: C ' ;_;~:..~~?1.~I~'~'~~" ~ '*`°"k ' ti ~~a. ?41 ~ < . ~ . •KY - ~ . ~.1 ~ ej)~ ~ Y~,~ f~ . ~ .f 1 [.~~i .~F ry ~'~,~.~'..a~~'~?- .,4q "'j ~ ' ~ j , r * ~ ~ . ,~'eq~~'~{' b f _y ..~~~w^~'~~C.~ / ~ ` Y , " ' i ~?.i i~~:~ ~~!h; ' ~~1". ^.f ~,.~~~~~yrr..-~` 's~1::. . a .,F . 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I 1 ~ I ~tl _ ~ I 4sc~ ~ ~ ~ 4. g' ~ c I ' ~ I F ~ . • t..__ ~ F- N i ~ i- f~ £ 5; k ~ L~ i _ ~ .;a >P~ ~ ~ ~ - ~ry r- . ~ I. ~ - , t~~"~'d ~~~-..i ~„S ~ A~•, C F'' r T~ P; s , - - s-~ o rT] r•• _ S`r "t' a ~ r ~ ri~ ~ I' t, Y #o -3c If M+M F ~ .4 ~ ; T 7~~ I i~ ~ '1~ ~ ~.t I~ l~ 1 1~' V~~ ~ ~J ' I w~-?- - ~ ~ a= ~ t = _ c ~a s ~~4 ~ I ~ • >~-yF~''.'~~',~J. I , } a - .t, - ,i t • ~ ~ !'i y=•. ~ ' - Np .9 MENDIK RESIDENCE REMODEL , Attachment: F ~ s MEMORANDUM 'J T0: Planning and Environmental Commission FROM: Community Development Department DATE: October 5, 1983 SUBJECT: Front setback variance requests for a remodel project of the existing residence on Lot 40, Block 7, Vail Village ist Filing Applicant: Ray Stevenson DESCRIPTION OF VARIANCE REQUESTED The applicant requests front setback variances of 8 feet for a wa11 and stairs on the east side of the house, three feet for a storage and garage addition and five feet for a new bathroom addition on the west. The house now encroaches to within two feet of the front property line. The reasons for the request is that to upgrade the house, improvements must be located in the front setback because of the existing situation. CRITERIA AND FINDINGS Upon review of Criteria and Findings, Section 18.62.060 of the Municipal Code, the Department of Community Development recommends approva oequested 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. No negative impacts result. No further encroachment than what is existing is proposed. 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. Existing conditions of the house's location are a physical hardship to any remodeling effort. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Na effects ' IJ• r Stevenson -2- 10/5/83 Such other factors and criteria as the comrnission deems applicable to the proposed variance. . , FINDINGS: The Planning and Environmental Con-mission shall make the followinq findings before granting a variance: 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. 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 of 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. Ther.e 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 propertie~ in the same district. ~ STAFF RECOMMENDATIONS: Tf7e Conumunity Development Department recommends approval of the request. We support the upgrading of the structure and recognize physical hardship due to the existing site conditions. • PEC -4- 10/11 /83 m t NkTES , 7. Request for a variance to Section 18.52.0$0(E) to not pave a driveway but to • leave it grave1 on Lot 10, B]ock 1, Vail Village 13th. Applicant: Jack Carnie Jim Sayre told the history of the driveway situation, Jack Carnie, the applicant, felt that the driveway was so long, it had an alley-like appearance, a.nd he felt that the driveway's appearance would be better in gravel rather than pavement. Morgan stated that this could set a precedent for others not tu pave their driveways, and he felt there was no hardship. Viele agreed and added that it was hard to match the the neat look one got with paving. Piper felt that it was not the material that determined whether the driveway looked like an alley or nnt, that it was rnore a matter of width, and he could see no hardship. Donovan agreed and stated that it would be good to make it as narrow as possible. Trout agreed with Duane as did Corcoran. Piper moved and Donovan seconded to deny the request far a variance because it would be giving a special privilege. The vote was 6-0 for denial.~v 8. Request for a front setback variance to remodel an existing structure on Lot 40, Block 7, Vail Village lst.. Applicant: Ray Stevenson Peter Patten explained the request, and Steve Riden, representing the ar^chitect, Gordon Pierce, showed a site plan. Viele suggested reducing the amount of asphalt, Piper agreed. Donovan felt that she could not support the request on principle, and Trout abstained because he had not seen the building and lot, on a field visit. Viele moved and Piper seconded to approve the request with the condition that the street parking be 1°emoved and the area be landsca ed. The vote was 3 in favor, • 1(Danovan) against, withCorcoran and Trout abstaining. 9. Re uest for modification to the flood lain to construct a new starter shack for the Vail Golf Course. Applicant: Vai Metropolitan Recreatian District. Jim Sayre described the request. Jim Morter, architect tor thP project, stated that the building would be about the same size as the existing building. Viele moved and Donovan seconded to approve the request. The vote was 5-0 with ~ Corcoran abstaining. ' The meeting adjourned at 4:00 pm. ~ ~ *Va ~~THIS ITEM MAY AFFECT YOUR PROPERTY PUBUC 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 July 24, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Lion Square Lodge East; a request for a final review of a variance from Section 12-71-1-10, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for encroachments in the setbacks; and a request for a final review of a recommendation to the Vail Town Council for an amendment to Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, to create build-to-lines to allow for encroachments in the setbacks; located at 660 West , Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0041) Applicant: Lion Square Lodge East, represented by Bill Anderson Planner: Bill Gibson A request for a final review of a variance, from Section 12-66-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a garage addition within the (Y? front setback, located at 265 Beaver Dam Road/Lot 40, Block 7, Vail Village Filing 1, and 7 setting forth details in regard thereto. (PEC06-0040) Applicant: David Cohen, represented by Fritzlen Pierce Architects Planner: Bill Gibson ' A request for a final review of a variance from Chapter 14-5, Parking Lot and Parking Structure Design Standards For All Uses, pursuant to Chapter 12-17, Variances, to allow for a garage entry opening to be 12 feet (12') wide instead of the required minimum width of twenty feet (20'), located at Vail Cascade ResidencesNail Cascade Subdivision, and setting forth details in regard thereto. (PEC06-0045) Applicant: Steve Lindstrom, represented by RKD Architects, Inc. Planner: Maft Gennett A request for a final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for tine installation of a sanitary sewer line in the Gore Creek Floodplain, located at 3877 Lupine Drive/Lot 6, Block 1, Bighorn 15t Addition, and setting forth details in regard thereto. (PEC06-0046) Applicant: Roland and Jeanne Kjesbo Planner: Matt Gennett A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3- 7, Amendments, Vail Town Code, for proposed amendments to Chapters 12-21, Hazard Regulations, 14-7, Geologic/Environmental Hazards, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create Wildfire ReguTations that add • wildfire hazard to the Hazard Regulations and require mitigation in high and extreme wildfire hazard zones, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede • - MEMORANDUM TO: Planning and Environmental Commission (PEC) FROM: Community Development Department DATE: July 24, 2006 SUBJECT: A request for a finai review of a variance from Chapter 14-5, Parking Lot and Parking Structure Design Standards For All Uses, pursuant to Chapter12-17, Variances, Vail Town Code, to allow for a garage entry opening to be 12 feet (12') wide instead of the required minimum width of twenty feet (20'), located at Vail Cascade Residences/Vail Cascade Subdivision, and setting forth details in regard thereto. (PEC06-0045) Applicant: Steve Lindstrom, represented by RKD Architects, Inc. Planner: Matt Gennett 1. SUMMARY The applicant, Steve Lindstrom, represented by RKD Architects, is requesting a variance from Chapter 14-5, Parking Lot and Parking Structure Standards for All • Uses, Vail Town Code, to allow for a new residential garage opening to be approximately twelve feet (12') wide instead of the required minimum of twenty feet (20') for a two-way drive aisle into a residential parking structure for the proposed Vail Cascade Residences project, located at 1310 Westhaven Drive/Area A, Cascade Village. Pursuant to the criteria and findings listed in Section VIII of this memorandum, and the conditions listed in Section IX of this memorandum, staff recommends approval with conditions of the applicant's request. II. DESCRIPTION OF THE REQUEST The applicant, Steve Lindstrom, represented by RKD Architects, is requesting a variance from Chapter 14-5 Parking Lot and Parking Structure Standards for All Uses, Vail Town Code, in order to create a twelve foot (12') wide parking garage entry at the Vail Cascade Residences, located at 1310 Westhaven Drive/Area A, Cascade Village. The applicant wishes to utilize a portion of the lowest level of the "CMC Building", which is presently unused classroom and mechanical room space, as an enclosed parking structure comprised of thirteen (13) parking spaces for the eleven (11) new residences approved by a major amendment to Special Development District (SDD) No. 4. The variance application is required as the minimum width of an opening for a residential parking garage accessed by a two-way drive aisle is twenty feet (20'), in accordance with Chapter 14-5. The existing, private drive is approximately twelve feet (12') wide, about the same ~ width as the proposed garage entrance and for a span of about forty feet (40'), there is the potential for two cars traveling in the opposite direction to be on the service road at the same time. The access drive between the existing service 1 road and the proposed garage door will be augmented with a pull-ouf space in • the event that two of the thirteen (13) possible cars are present at the garage door simultaneously (Attachment C). A vicinity map has been attached for reference (Attachment A). III. BACKGROUND Special Development District No. 4(SDD No. 4), Cascade Village, was adopted by Ordinance No. 5, Series of 1976. The entire Cascade Village site is approximately 97.5 acres. The construction of the Colorado Mountain Condominiums, commonly referred to as "the CMC building", was completed by 1979. On January 3`d, 2006, the Town Council approved Ordinance No. 33, 2006, which includes the approved development plan for the eleven (11) dwelling units of the Vail Cascade Residences. IV. ROLES OF THE REVIEWING BOARDS VARIANCES: A. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. The relationship of the requested variance to other existing or • potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 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. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. B. The DRB has NO review authoritv on a variance, but must review any accompanying DRB application. C. 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. 2 • D. 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 memorandum 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 CHAPTER 97, 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 fitle as would result from sfrict or literal interpretation and enforcement, variances from certain regulations may be granted. A pracfical 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. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of chapter 11 of "this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits"; and by section 92-3-7, "Amendment" of this title. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acfing on a variance application, the planning and environmental commission shall consider the fol/owing factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses • and structures in the vicinity. 3 2. The degree to which relief from the strict or literal interpretation and • enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 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. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. VI. SITE ANALYSIS Legal Description: Cascade Village, Development Area A(The CMC Building, specifically) Address: 1310 Westhaven Drive Lot Size: .67 acres (29,495 sq ft) Zoning: Special Development District No. 4(no underlying zone district) Land Use Plan Designation: Resort Accommodations and Services Current Land Use: Mixed Use Residential and Resort / Spa Develoqment Standard Allowed Existinq Proposed Lot Area: N/A 29,495 sq ft no change • Buildable Area: 29,495 sq ft no change Setbacks: Front: N/A 12' no change Sides: N/A 7' (N)/0' (S) no change Rear: N/A 14' no change Building Height: N/A 55' no change Density (Area A): N/A 5.4 DU per acre no change GRFA: 32,000 sq ft N/A no change Site Coverage: N/A 50% (14,980sqft) no change Landscape Area: N/A 50% no change Parking: 37 spaces 69 spaces 13 spaces • 4 I , • VII. SURROUNDING LAND USES AND ZONING Land Use Zonina North: CDOT Right-of-Way Not zoned South: Resort Accommodations and Services SDD No. 4 East: Resort Accommodations and Services SDD No. 4 West: Resort Accommodations and Services SDD No. 4 VIII. CRITERIA AND FINDINGS A. 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff has determined the requested variance, if approved with the proposed condition, will result in a harmonious relationship between the existing structure and the neighboring buildings considering the two-way drive aisle and a loading/delivery dock exist today. Staff is recommending the installation of a traffic signal device as a condition of approval to mitigate the potential hazard of a collision at the new twelve foot (12') entrance to the garage. The limited number of vehicle trips generated by thirteen (13) residential parking spaces at peak hour, approximately seven (7), will have a negligible impact on the traffic circulation for the • site and Westhaven Drive. It should also be noted the owner has stated the eleven (11) approved dwelling units will likely be second homes and used for limited periods of time over the course of a year. 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. Given the existing condition of the building and its structural design, the requested variance would not result in a grant of special privilege and will result in a uniformity of treatment among sites in the vicinity as all adjacent properties are part of the Cascade Village Special Development District. Creating thirteen additional structured parking spaces provides the guests and residents of the Cascade Village with more parking capacity in the existing three floor parking structure which is presently the only parking option for the Cascade Resort and the CMC Building. Also, the width of the proposed garage entrance would meet the minimum standard for a one-way drive aisle, and the width of the current service road is approximately equivalent to that of a one- way drive aisle. The strict and literal interpretation of the specified regulation would result in the loss of additional parking capacity for • the property without achieving compatibility of treatment among sites in the vicinity. 5 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 believes the effects upon light, air, and other public interests in comparison to existing conditions would be negligible considering the size and extent of the proposed garage entrance. As stated previously, the two-way drive aisle and a loading and delivery bay already exist on the property. The proposed minor alteration to the exterior of the west elevation of the building will not have a negative effect upon the factors contemplated within this criterion. Additionally, with the condition of approval suggested by staff, and the pull-out space proposed by the applicant, this criterion has been met. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval with conditions of the proposed SDD amendment to the Vail Town Council. Staff's • recommendation is based upon the review of the criteria found in Section VIII of this memorandum and the evidence and testimony presented, subject to the following conditions: 1. That a traffic control signal device, as specified by the Public Works Department, will be mounted on the interior of the new garage entry by the applicant to indicate when another vehicle is driving toward the . entrance at the same time a driver is attempting to exit the garage. ' The device shall be installed by the applicant prior to a TCO being issued by the Community Development Department for the Vail Cascade Residences. Should the Planning and Environmental Commission choose approve to the requested variances, the Department of Community Development recommends the Commission pass the following motion: "Based upon the review of the criteria outlined in Section Vlll of this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 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 6 • hea/th, 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 interprefation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this fitle. 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 fhe applicant of privileges enjoyed by fhe owners of other properties in the same district. X. ATTACHMENTS A. Vicinity Map B. Applicant's Proposal C. Reduced Site Plan, Floor Plans and Elevations • i • 7 I ` ~,°~~'~v~'h~` t, ~Y~;' .a~k '~:a '`9 !+°Attachment: A } g tY p d ~ ~ • ~~N~ - ,.s ~ i. • r ~ E . i4 ~ ~b ti ~ ~ a r'it `h w y.i°~ ~ ~ y • ; S : . 1u ' ~ ~ 6 e~ t ~ l ~ ~ ? "'3 C i ~ tit ~ Li7? , , . ~ . ~ ti . ~ I p 'ti~4 } 1. ~ : i~ > .~}r' 6 . ~r~~ ~'V~V.~ t~ tr7 1 r ` 9~S°,~Y+y i~ • / ' r Lq• ~ ' G . v ~ ~ ~ ~ i uo~ J~~, 4g r ~ ~ ? ~ v ii I 4 f~ . ~ r"`*~~wr ~'~~°+'iuti ~ ~1, d f + ~ ~ r•> , IR.4 ~~4^ ! \~4 \vr~!~.y{,.k ~t (y I ~ ~ ~ ~ t w` Y ; ' ~ ~ ~ ? ~ ' #C ~ _ _ ~ 'k"{y~S,`... ~ ' ~ e4 ~r*drt 5, Y ` I1tY, :~r! LR4~. ~ p~ 1t~ )~ef' ~'S~ ~ O ~ ~ 4''" ~ ; 1' f~ 4 d ~1~` ~ ( ~i . ywa '~^1 y~` y k~ ~ q~~~~•...,~~ ~ .'p ~ \ / ~~q~°~~ Jn n, . / 4 F # ~ ~y\ V \ O ~ 1..~ ~ i` Y~ 0 ~ ~ ~ }L, p,* , W ~j • 6 "iA ~ ~ ` 1Y v t I .~~g ~ \Y O ;~jT~~. , ti k T~ v ~ ~ I Af ~ " ~"r 1 F°° ~ - . ~ ~ ae?'~~ , `wy c s ` ~`~.k ~ ' , , y = ~ ?v ~ 3 ~ v r w,~• . ~ ~ 1~~,~ ~t x 't-~•~' f 't~ ~~,I~ t~~ a ;w ~ ~ ~ ~ ii y?~'~ ~ r~~ ""K,•• r.v~, +I R.t1~` ~ ,E l c"~ i ' i:tQ ~ ~ :".~,,7' i iY e ii~ (V I ~ t . . + . ' '7,• ~ ~~~!;.~F~t2~~g ~ ~~W.-h i.~ . .k . '4`" , * ak+dlY ~r { F " t. ~~s ~ ~ ~•sr ' t,r ' ~ u 6 ~ ' , : , ~ s a ~'/~y~ , ,r a.'~ ` iu , ':.v, ~ ~ .rt:~ ~ f I`~'j .fh h i~T' l 1.?,~.,N~~'~~ • ~ 4 r " ~r F~a~ ~1~:~.~' • , ~ ' ~D'~S'~ 14. 9~ U.4 x. 8 ~ w • ~ : u, . ~ ~ , ~ ~ ~ ~r*~ . , `*~,'~~Sa~, be !!~Y~.wt~~~y.~/~ ~ _ fIJ~~ Y ~ ~ ~ ~~Yi .R~ M`MF~I ~ ! "Mf{y.~Rpyy~)yP^, r',} D ~ ~"~.e . x. . 1 c s p ( r ta. , +~s~a~ , ~ . ~ . ~ a ~ " ~a ~ Attachment: B • Written description of natui•e of variance: A variance for Development Standards Chapter 5, Parking Lot and Parking Structure Design Standards. Table 4 calls for a garage door of at least 20 feet in width to serve a two-way interior drive aisle. The existing structure will not allow for a 20' wide garage door to be placed on the South-West side of the project without substantial structural changes to floors above which are not owned Uy the applicant. The proposed 12-foot garage door provides access to a small thirteen-car garage that will have restricted access. Without a variance, the new garage will not be physically possible. a. The relationship of the requested variance to otlier existing or potential uses and structures in the vicinity: The parking garage is accessed off of the seivice road on the west side of the building. The only vehicles using this road will be the owners of the 13 parking spaces zn the garage, and delivery vehicles serving the hotel. The access drive between the service road , and the garage door will be provided with a pull-out in the event that two of the 13 cars are present at the garage door, so that the service drive will never be blocked. b. The degree to which relief fi•oin the strict oi• literal interpretation and enforcement of the regulation is necessary to achieve compatibility and • uniforinity of treatinent ainong sites in the vicinity or to attain the objectives of this title without grant of special privilege: The zoning of this building and the ownership structure resulting from it are such that the residents of the building do not own their own parkiug spaces. The proposed garage will give them at least some control over their parking situation and will malce them more in keeping with the other properties in the neighborhood. c. The effect of the vai•iance on light and air, distributioii of population, transpoi•tation, traffic facilities, utilities and public safety: The variance will not affect light, air, utilities, or the distribution of population. Parking spaces in the existing Cascade parking structure will be freed up for public use, resulting in improvements to the transportation and traffic facilities in the area. d. How the request complies with adopted Town of Vail planning policies and development objectives: ~ Under current Town of Vail policies, a building without any on-site parking or access to pay-in-lieu parking would not be possible. This Uuilding was established in the early 1980's, and the only parking available is owned by anather party. This variance will help the Uuilding coine more into compliance with current Town parking policies. • Attachment: C • ~ , ~ ~ ~ i i i i i i L____ _ _J I I IEHI I ~~I I 1 ~ I ~1-~-- ^ I ~G J ~ • r ~ ~ F- - F \ . y~~ ~°~c~ • ~c9 gc- s z F ~ a s 6 y R , ~ . + . 9p (I . ~ ~ fI 4 IIEiTN. YE O. IVE t 7 j: -N_1 ._=r~ . ~ z II i I ~ a O o~ m Z r m 6 ~ • q Z 9 a o- a . . D ~~ag.'3I' VAIL CASCADE RESIDENCES p ( eeee e, f. ' 1310 WESTHAVEN DRIVE g"saa i ~ • ~ VAIL, COLORADO E ~ • i i i i ~ - i I ~ ~-Y-T--- ~ i; a : ~ ~ -O m m - ~ i z ' o u I ~I T T ~ ~ - - ~ ~ ~ , ~ ~ ~ ~ y I\~ i I ~ 2 ~ 1 - I I .I 1r~ . ~ :f i ~J.~ ~ y iti I II I p ' I : I .I~ ~ ~~....~..e.- _ ~ ~ 1' I II I I I ~ v I ~ I I I ~ ' - - ,.1 ! @ g 8 ; - ` . \ ' b ~ . i i i i.. i ....a.... ~ ''~.IGiml' : I ~ • I - ~ ' ~'I I I I F s. ; - ' I n ~ , : fI~ -1 i I _ I ~ - - I ~ T I - _ - ~ I 1~''~. I I I I I 1 I I ~ • ':i . ' ~ I , I I nz° 1 I': I I I I 1 II y ~ a.~ 3 g ~ . s " m , ~ . a. i o z TEI~ m ~ ~ • ~ ~ N €3ag~'~ E VAIL CASCADE RESIDENCES 12 1310 WESTHAVEN DRIVE "go°yg I . VAIL, COLORADO § g ~ ~ ~ • i .~-r, I ~ I ~ I ~ I I j I~I~ ~~I I I I i~ I S ~ - ~ ~ - ~ - - - ,~5--O ; I ~ I ~ I ~ I I j~ ffR ~ A ~-~---r---t-~---t---~-t~ ~Y' g , . . ( ----Q I -~--1----~ - T ~ ° . . I I ' o-_I- d °go d i I • ~ e . , a_ . . , , ~ % ~ ~I - ~ O g A 9 Z . o 0 _ i e ' e 5 9 ~ °`°x ! I - -IL- - - - - - - a w - - C - - < ~ I ~ I ~ I~ i I I~I ~ ~ I I I ~ ~ . 4 b~ b b b b~~~m ~ b~b b b b b b~~ VAIL CASCADE RESIDENCES A31 ± ~ seee E g k 1310 WESTHAVEN DRIVE ~ae°e~e 3 VAIL, COLORADO axea ° I ' g < , . ? • ~L I g ~ I m>" m N ~ 8 D' F` x ~i m" D n nE ~ ~ ~ y I ` \ c~ o~ m . m y ~ tl~ ~1 o > o > ~ . ~ . o ~ o . ~ : -a ",ka • i . _ . . , - , ~ ~ - TIF ; ~ - ~ _ ..~_w~~.? - - , _ . . - , ~ , - - . . - . ~ ,F ED ; , . 8 _ . - ~ ° ° e ....~...1.~,..:,. _ - ~ ~8 N ~ o > i , x J... . . i . m I - o / 1" i ! ~ _ y . L _ ~ I~ mFr °yf; ~F m~ ~ ..f, i•1 ~I~ s~ N~ V~ i; H ~ . F w ~ a~Qg~'~ E VAIL CASCADE RESIDENCES ' ~P.Q 1310 WESTHAVEN DRIVE VAIL,COLORADO kYSY ' . . ~ ~ _ . . ? • F F ` 3 °9 A I , N ~ .M - b~ d a . . ~ . A! t . . ' i~~ I I • ~ . i-. _ . . , i I . . $ . ~ r5 1' h I ~ r €~.i~~~3 _ , - 4 ~ . . - ~ , ~ 0o i , ~ - I aq - E ~ - ~a ,a.drb ,y`k ..-S ' ..~..I'I IIf O Y - . ? r _ -L , ~ ~ ~ ~ Ii~- ir-._ ~ ~ . ~ ~ ~ ~ n . t 1 1~_ o , . . : . - ~..,.-f L 1 ,1.. i... - ~ - ~ . _ . ~ y. ' i . F . _ ; ~ - - _ - e m k~ ` ~ LG ~ O I~ ~ P ~ $ y ~j % $ U g~ • I d z ` t VAIL CASCADE RESIDENCES cD.> i i~81i I ~ N ' ~it1 r~ ~ 1310 VAIL,SCOLORADOtvE ~~1g@ gCtS, If1C • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: Jufy 24, 2006 SUBJECT: A request for a final review of an Exemption Plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a proposed realignment of the common property line between Lots 2 and 3, located at 5087 and 5097 Main Gore Drive, Bighorn Subdivision, Fifth Addition and setting forth details in regard thereto. (PEC06-0048) , Applicant: Fred and Janet Streich, represented by James Salmons Planner: Matt Gennett 1. SUMMARY The applicants, Fred and Janet Streich, represented by James Salmons, are , requesting approval of an Exemption Plat, pursuant to Chapter 13-12, Exemption ~ Plat Review Procedures, Vail Town Code, to reconfigure the lot line shared by Lots 2 • and 3, Block 1, Bighorn Subdivision, Fifth Addition. Staff is recommending approval with modifications of this application, subject to the criteria and findings outlined in Section IX of this memorandum. fl. DESCRIPTION OF REQUEST The applicant has proposed to reconfigure the lot line shared by Lots 2 and 3 as depicted on the proposed plat (Attachment B). The purpose of reconfiguring the property line is to allow for mature vegetation on the two lots to remain undisturbed when development, and redevelopment, activities occur on Lots 2 and 3. The ~ existing lot size of Lot 2 is 24,979 square feet (.5734 acres), and the proposed lot size of Lot 2 is 26,702 square feet (.6129 acres). The existing lot size of Lot 3 is 23,764 square feet (.5455 acres), and the proposed lot size of Lot 3 is 22,041 square feet (.5060 acres). A vicinity map depicting the subject property is also attached for reference (Attachment A). The proposed plat, entitled Exemption Plat, Lots 2 8 3, Block 1, Biqhorn Subdivision, Fifth Addition, is attached for reference as well (Attachment B). I III. BACKGROUND ~ In November of 1966, the original plat of the Bighorn Subdivision Fifth Addition was i approved, thereby establishing Lots 2 and 3, Block 1, Bighorn Subdivision, Fifth Addition. 4n December of 2005, an application to re-subdivide Lots 2 and 3, B1ock 1, Bighorn • Subdivision Fifth Addition in to three lots was denied by the Planning and Environmental Commission. 1 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 shail be as contained in section 13-3-4 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: , Within ten (10) days the decision of the Planning and Environmenta! Commission on • the final plat shall be transmitted to the Council by the staff. The Council may appea! , the decision of the Planning and Environmental Commission within seventeen (17) days of fhe Planning and Environmenta! 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 inemo 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 ~ 2 • 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. VI. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Open Space Natural Area Preservation (NAP) East: Residential Single-Family Residential (SFR) West: Residential Residential Cluster (RC) and Natural Area Presenration (NAP) . South: Residential Single-Family Residential (SFR) VII. SITE ANALYSIS Lots 2 8 3, Block 1, Bighorn Subdivision, Fifth Addition Zoning: Single-Family Residential (SFR) Land Use Plan Designation: Low Density Residential Current Land Use: Single-Family Residence Current Lot Size: Lot 2= 24,979 sq ft (.5734 acres) Lot 3= 23,764 sq ft(.5455 acres) Development Standard Allowed Proposed Lot Area: 12,500 sq ft Lot 2= 26,702 sq ft/0.6129 acres Lot 3= 22,041 sq fU0.5060 acres Minimum Dimension: 80'X80' min. Exceeds 80'X80' on both lots Buildable Area: 12,500 sq ft Lot 2= 26,702 sq fU0.6129 acres Lot 3= 22,041 sq ft/0.5060 acres Frontage: 30' min. Lot 2= 51.89' , Lot 3 = 90.64' Access: maximum of 2 1 access point for each lot • 3 VIII. APPLICATION CRITERIA AND FINDINGS • Exemption Plat (Defers to Section 13-3-4, which is as follows): I "The burden of proof shall rest with the applicant to show that the application is in complrance 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 13-3-3C 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, environmenfal infegrify 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. Staff is recommending approval with modifications because of the narrowness of Lot 3 as it is proposed to be reconfigured by the applicant. Staff's concern is the proposed reconfiguration of Lot 3 may cause • a future property owner to seek a variance from the minimum side setback standard of the Single Family Residential (SFR) zone district, which is fifteen feet (15) from the property line. When factoring in the minimum side setback of fifteen feet (16), lineal distance between the two side setbacks from the property lines is 36.5'. As detailed in Section 12-17-1, Vail Town Code, "a practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site...", and staff does not wish to create a condition by which a future owner of Lot 3 may be granted a setback variance. I IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission (PEC) approves, with conditions, an exemption plat pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to an existing lot line between Lots 2 and 3, Block 1, Bighorn Subdivision, Fifth Addition, with the following condition: 1. The exemption plat submitted to the Town for recording shall be revised by the applicant in a manner which expands the narrowest point on the new Lot 3 (proposed at --66') to a span of -86' in order to allow better design flexibility; and which does not create a condition related to lot size, dimension, or shape that could cause an owner of either lot to seek a setback variance at any point in the future, prior to the PEC Chairman signing the Mylar of the proposed • Exemption Plat. 4 I Y • Staff's recommendation is based upon the review of the criteria outlined in Section Vlil 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 13-3-3C 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 Exemption Plat for Lots 2 and 3, Block 1, Bighorn Subdivision, Fifth Addition. • • ; t~ - ~ ,g~~~~ Attachment: A 401 ~ 0 a ~ ~i ~ d ° ~ ~ ~ :PA ~ 4 ~ r ~r +7~ ~ ~ K ~ ~ yx 1 k yvy~ ~ rt ~YY ' ~ ~b +~f ~ ~ r ~ . ~ ~~~~~P(~'~ u~~"TP'~a I~ p ~Y~~`?, ~ 1y r ~ F ~ Yry~~ ~ l ~ )1. ~ k ~ ~S If ~ ~ ~ ~ ~ ~ ~r ~ ~r e,~a , ~ ~ ~ s . ~ ~ t ~ ~ ' " J+i ~~d ~a` ' ~ ~ ~ . t` ° ' ~'s~ . ~ m'_,~"~dt,~~f' ~'?t ~ . ' ~ ~ ~ ~ . ~ • ~ ~'a~. ~ • ~r-.,yw~`~M'•'f' t`~~?.~'?.wPwfi" } i,w+~~~Ti. 'd °`~~~~,~Y~. I~,'^~~;~, O ~~nppr ~5,~ ~lp~e'C~p,~~~ T~,R"7 ~M"„~I~I+ R"' 'way L~r~T y, ~q,~~6~~ M ~4„+p' ` N I0~ ~i f~'?; ~4 ~ ~"„~.p:, ~+rc ~1~ ~ ~ ~~.~•t afo~ ~~~i•r. ~ S~ ~ iLA I ~I ~ ~ YL ~ ~ ~a~ ~ • F 'v,~ ~ ~ ~ o iA,~ y ~ 3 3 y o ~~'s 5.~ , ~ y~~, ~ 1 5$~ ~h i k~Y ~h , t+y ' r t' M ~ ~ a~ ~ "4b,,. +~y`~"~~~y '',7~ [i 'T r N~i ri til ` p Pt$w~~, i i,~~r ~ ~ c:dQ a$ = r x a 4~ ~ l4 F.'~ +sv+° I ~ ~ i V p5~ ~'9.~+ 4~w ~ ~~nr~, r~ '"^'pl.µn ~ N rrU Q ~ ~~v~"~ r tlw ~s~ ~d~~ j ~a (k p ~ i + Q~ K ~ . ^ ~ ~ tv'~~ . ~ . , w 4' n »~i1~.. ar rc'Cj fqy~ ~ ~lrt ~ di4 u M g ~ 3~.y . °q"r A~i~ ~ I.~Cy.9i41~ ~:}:l4~I.eaw; .r ~ r„i, ~~v i ; ry '*y • ~ ~TFe~«fi~~:" ~ .'t P + ~ ~ . . ~ ° r,s~ ~ ft, /IL ~ t~F n~i 14 _ . <c ~~b ~ , "R µwy y . R ?er„ . . ~ q" „ : ~ ~s y,.i ,~r ~ , ~ ? g ir,~t ~r <s : g { ~ ~ ~ , v . x ~ r l ~ ~ . ~`~~'r : Y i ~ , 1 a z a' i'~ m e- -...Y..._ i.._... ' ~ ' . ~ x ,n.::e e .u~.nw~.c~rvannum.avw~<nuv.,. -I G •.u.~ +.am n~v:.wu...i . . uV "Jl0 A.n'n0] 310Y3 `IVn !U NMO1 . : OY IIJi! ~K`SNICB115 NyC ~ ~ B I~\I/~ ~~Q men • N~O lB ,i I Z S1Cl i i elONN3".NVy313.S y 1V'Id NOLLdW3X3 ~ IIdA -JO N,:'ii11 q ~e ~ a .`,S~y g' '~y e I 'I ~ Vp * iR I ' • jL . ~4~€~~¢v <Ep k - I I I~ I sx a.a 5, g" ' $ ~ " e . I;, y{`e6 g~y : ~ I eT1 _g . F I' I B~7 2 c6 I I ; °E ~ ~ 4 SE3p Iz f k~ a. F _ ~ S'S• :.5, ~Y;~~~z{ R `Fgn 10 O ui•x~i~~~ ~ 112 75' •.l<"w - . - - - - j ` I ~ ~.i O`~'p al • r^ W b V) -_j O Zz ^o ~ I I'. ' - ~ - 001 ` ~ `y ..q 5 T E - ,i 6 ND Q .N Q . . ~ y 1 vi C~m L v CiN ti u ;i c`9y~ ' ,•~I , 4 - ~ ' . rz9p` tia• C, ` m p I F f Y~ \ ~ " • 9 Z ~ ~ i i . ,~~'LLL i "y • i' '~T ~ ~ ~D~e'S~ ~ ^i ^:t, •7.: ~ S` 1 1C c Ii ~ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 24, 2006 SUBJECT: A request for final review of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek stream bank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. (PEC06-0050) Applicant: Town of Vail, represented by Gregg Barrie Planner: Bill Gibson 1. SUMMARY The applicant, TowAf Vail, is requesting approval of a floodplain modification request, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek stream bank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally • located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. Based upon Staff's review of the criteria in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the requested floodplain modification, subject to the findings noted in Section VII of this memorandum. i 11. DESCRIPTION OF REQUEST The applicant, Town of Vail, is requesting approval of a floodplain modification request, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek stream bank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally - located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. A vicinity map has been attached for reference (see Attachment A). ' The existing Vail White Water Park is located east of Willow Bridge Road and to the north of the Gore Creek Promenade. The applicant is requesting approval of a two part application. First, the applicant is proposing to stabilize the eroded north bank of Gore Creek between the International Bridge and the Pedestrian Bridge by re-grading and re-constructing boulder retaining walls. Second, the applicant is proposing to enhance the creek's hydraulics for recreation (i.e. ~ kayaking) by attaching black, rubber inflatable bladders to the top-side of the under-water concrete bridge abutment slab directly below the Pedestrian Bridge. These inflatable 1 bladders can be inflated to varying degrees to direct the flow of Gore Creek toward the ~ center of the channel and to create a larger wave feature. The bladders will be inflated by an air compressor to be located in a below-grade vault behind (i.e. north) of the existing retaining wall along the north Pedestrian Bridge sidewalk. The bladders will be deflated during normal conditions, but inflated to one of several settings for events such as the Teva Mountain Games. The bladders will typically be manually inflated and deflated; however, an automatic shut-off will be linked to an upstream river stage sensor as a back-up to ensure the bladders are deflated in the event of high water flows. Since the proposed bladders will be deflated, either manually or automatically, in the event of high water flows; the bladders will have no effect on the 100-year flood plain elevation or on adjacent properties during a flood event. The applicant's request (Attachment B) and the proposed engineering drawings (Attachment C) have been attached for reference. III. BACKGROUND On May 8, 2000, the Planning and Environmental Commission granted approval of a I floodplain modification request by the Vail Valley Tourism and Convention Bureau and Town of Vail to create the Vail White Water Park located within Gore Creek adjacent to the I I International Bridge and the Gore Creek Promenade. On July 18, 2006, the Vail Town Council approved funding for the construction of this project. IV. ROLES OF REVIEWING BODIES • Plannina and Environmental Commission: The Planning and Environmental Commission is responsible for final approval/approval with conditions/denial of a floodplain modification and final plat amendment application. Desian Review Board: The Design Review Board has no review authority of a floodplain modification or final plat amendment, but may review any accompanying Design Review application. 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 Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. • 2 • V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoninq Reaulations (Title 12, Vail Town Code) Section 12-21-10E, HAZARD REGULATIONS, DEVELOPMENT RESTRICTED (in part) E. The Administrafor may require any applicant or person desiring io modify the flood plain byfill, construction, channelization, grading, or other similar changes, to submit for review an environmental impactstatement in accordance with Chapter 12 of this Title, to establish that the work will not adversely affect adjacent properties, or increase the quantity or velocity of flood waters. Town of Vail Development Standards Handbook (Title 14, Vail Town Code) Chapter 14-6, GRADING STANDARDS (in part) Floodplain Standards: No grading is permitted in the 100-year floodplain without Planning and Environmental Commission approval. lf an applicant wishes to grade into the 100-year floodplain, an environmental impact report is required. The environmental impact report shall include impacts to vegetation, riparian areas, appropriate hydraulic engineering calculations to show no increase in water surface profi/e and velocity, as well as stating that there will be no adverse impacts to adjacent properties. No permanent improvements shall be constructed within 1' of the floodplain line. • The floodplain line shall be determined by a registered professional land surveyor by plotting the appropriate elevation of the floodplain on a maximum 1"20'topographic 2' contour map using the adopted Town of Vail flood profiles (the Federal Emergency ManagementAgency Flood Insurance Study). The fopographic survey shall reveal the method fordetermining the starting point and the starting elevation for the floodplain delineatron. A site specific study performed by a Professional Engineer per FEMA guidelines and approved by the Town of Vail and FEMA may be required. VI. CRITERIA AND FINDINGS Floodplain Modification A. The Planninq and Environmental Commission shall consider the followinp criteria when reviewinq an application for a modification to the floodplain: 1. The proposed floodplain modification will not increase the quantity or velocity of flood waters. The technical analysis prepared by River Restoration.Org, LLC (Attachment B, Exhibit 2) and the Town of Vail Floodplain Coordinator's analysis (Attachment B, Exhibit 6) find that there will be no adverse impacts to adjacent properties or measurable increase in the quantity or velocity of flood waters. • 3 2. The proposed floodpiain modification will not adversely affect adjacent • properties. The technical analysis prepared by River Restoration.Org, LLC (Attachment B, Exhibit 2) and the Town of Vail Fioodplairi Coordinator's analysis (Attachment B, Exhibit 6) find that there will be no adverse impacts to adjacent properties or measurable increase in the quantity or velocity of flood waters. 3. Such other factors and criteria as the commission deems applicable to the proposed variance. On May 8, 2000, the Planning and Environmental Commission granted approval of a floodplain modification request by the Vail VaNey Tourism and Convention I Bureau and Town of Vail to create the Vail white water park located within Gore Creek adjacent to the International Bridge and the Gore Creek Promenade. ' This proposal would allow for both the maintenance (i.e. bank stabilization) and enhancement (i.e. hydraulic modifications created by inflatable bladders) of the existing Vail White Water Park. I On July 18, 2006, the Vail Town Council approved funding for the construction ' of this project. B. The Planninq and Environmental Commission shall make the followina findinqs before apqrovinq a floodplain modification: i. The proposed floodplain modification will not increase the quantity or velocity of • flood waters. I 2. The proposed floodplain modification will not adversely affect adjacent properties. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, a floodplain modification request, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek stream bank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this request; the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicants'request for floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek stream bank and modifications • to the Town of Vaif White Water Park, in the Gore Creek f/oodp/ain, located at Tract 4 • l, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto, subject to the following conditions: 1. The appiicant shali compiy with the requirements of ail applicabie local, state, and federal permits and approvals. 2. The applicant shaN coordinate all grading associated with this proposal with the State of Colorado Division of Wildlife. 3. All improvements/modifications shall comply with the study completed by River Restoration.Org dated July 13, 2006. 4. Upon completion of the improvements/modifications within the 100-year floodplain the applicantshall obtain Town of Vail approval of an as-builtsurvey showing the modified 100-year and the FEMA approved floodplain line. Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. The proposed floodplain modification will not increase the quantity or velocity • of flood waters, based upon the technical analysis prepared by River Restoration.Org, LLC dated July 13, 2006 and analysis by the Town of Vail Floodplain Coordinator. 2. The proposed floodplain modification will not adversely affect adjacent properties, based upon the technical analysis prepared by River Restoration.Org, LLC dated July 13, 2006 and analysis by the Town of Vail Floodplain Coordinator. 3. The proposed floodplain modification wiN not have an adverse affect on the environment, based upon the technical analysis prepared by River Restoration.Org, LLC dated July 13, 2006 and analysis by the Town of Vail Floodplain Coordinator." IX. ATTACHMENTS A. Vicinity Map B. ApplicanYs Request • Exhibit 1: Site Plan • Exhibit 2: Hydraulic Study • Exhibit 3: Photos of existing site • Exhibit 4: Photos of deflated and inflated systems • Exhibit 5: Environmental Impact Report • Exhibit 6: Letter from Floodplain Administrator • C. Engineering Drawings D. Public Notice 5 ka, ~a; , ~ , s ,'3} • -2 , ~ - ` ~i.., i ~ r. #E~~ 7 ~ . / ~ . ~...-v.'Yl , d t . . ,4 y Y `t.V~ ~~!i~ ~ ~iw. I ~ y t .'7. } l" AmIr ! r{ tR' ::S`'~• ; .s4^~ . ~y ~ ~ 5:. . ~ y;~e'- ` ~z~~' 1 erc~ . . ~ , . . ~ ~ ~ • : ~ ~ ;4 n.r ~ • ~ . a~ . . y r i . i-; ~ ~ . R . # < • I~.~. ~ ~m, ~ °q ' ~ :iL a ~ AI K ` ~ ~ ~ ~F r. v • 1 V -w, ? ' . 1 - u 1•- < ~ ~ , ~ f, ~ . - ~ ~ a.r ~ ~ ~ • ~ ~ ~ ~ ~ „S{ O • ~ K~~ ; ~ ~ ~ • . . , , ~ . ~ a . ~ ~ ~ 4 1 .y1° ? l1 • ~ l,. ~ ~ _ .rF c t~, ~ "f?~ : f 1 1 7 . F~~ ~ _ ; . ~ • . ~a• ` Z ~ • 1 ~ 'n~ . 4 , t a ~ +l._': ~ . _ s`z ~ ~ . , ~3~ ! ~ V t ' yir ` . , . . ~ S y~ M . ~ ~ : j • ` Y~. . .f ~1 . t.\ I ~ ~_~l d ! b . i g- i Ar Attachment: B • MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Public Works DATE: July 24, 2006 SUBJECT: Gore Creek Promenade Whitewater Park Enhancements Backqround • The Vail Whitewater Park was originally constructed in the fall of 2000, with the expectations that there would be "tweaks" required to the whitewater features to achieve their full recreational potential. • • The park consists of three natural boulder whitewater features. The feature located between the International Bridge and the pedestrian bridge is used during the Teva Mountain Games as a"main event" rodeo hole due to its prominent location in Vail Village, enjoying national television coverage. In addition, boaters often stop and play in this lower feature as they kayak down Gore Creek. However, the park has not been a"destination" park as originally anticipated. • • Each year since 2000, with the exception of 2005, alterations to the park have been budgeted. However, the pending revision of the FEMA Flood Insurance Rate Maps (`Floodplain Maps') has prevented any work due to changes to the Base Flood Elevation (100-year Floodplain or `Floodplain Elevation') in this area. • Now that the 'Floodplain Maps' are nearing completion, the Town has hired a consultant to ~ assist with the design of potential alterations to the park. The consultant performed hydraulic modeling work on this stretch of Gore Creek, and a synopsis of their findings is shown below. Note that final adoption of the new `Floodplain Maps' is likely 12+ months away. Enqineerinq Recommendations • The new `Floodplain Maps' show that the revised Floodplain Elevation is actually higher I than the finished floor elevation of the ground floor of Village Center Building A. This is not a result of the construction of the original park, since the new `Floodplain Maps' are based on pre-water park topography. Fortunately for Building A, there is a sma11 berm that separates the creek from the building, therefore FEMA considers that Building A is not in the floodplain, however, less than 7" separates the top of the berm and the `Floodplain Elevation'. • Without getting into significant detail, the consultant does not recommend major physical changes to the river, such as reconstructing the existing features, without mitigation to protect Building A from potential flooding. Mitigation techniques could include a three foot tall flood wall or significantly increasing the berm size, neither of which are likely to be , • endorsed by Village Center. Adiustable Feature • • The idea of a removable or adjustable feature was first discussed several years ago by Staff as a way to enhance the recreational experience of Vail's Whitewater feature while reducing or eliminating the flood hazard that a traditional feature may create. • The concept is that the feature becomes non-existent during extremely high flows or in the possibility of flooding. • The proposed feature would consist of eight (8) inflatable rubber bladders attached to the existing concrete slab located beneath the pedestrian bridge. The bladders are inflated as needed to focus the flow of Gore Creek towards the center of the river and enhance the wave created by the existing boulder whitewater feature. • When deflated, the bladders are less than 3" tall, and staggered across the existing concrete ~ slab. Hydraulic models ind.icate that these cause no impacts to the floodplain elevation. ' I Proiect Rationale This proposal is the only option for significant enhancement to the recreational experience of the park because of concerns about raising the 100-Year Floodplain. However, there are multiple benefits to the "adjustable feature". A. 100-Year Floodplain • Installing permanent boulder features that improve the whitewater recreation experience of the park wiii raise the 100-Year Floodplain elevation. • That increase could impact adjacent property. • • Installation of inflatable bladders allows the feature to "disappear" during high flows, thus eliminating the increase in floodplain elevation. B. Project Benefits • Adjustable nature of bladders allows variation of wave shape and size • System can be controlled to optimize the feature for variable river flows • Can adjust the wave for scheduled "expert" or "amateur" competitions • Low maintenance costs once installed vs. natural boulder features • System is programmed to deflate in the event of unexpected high flows • With the construction of the Avon Whitewater Park and other parks across the country, this feature may ensure the continuation of the Teva Games in Vail • High visibility for locals and guests • May return Vail's park to "destination" status • Possibility to hold kayaking teaching clinics • Could add a"web cam" of the park to the Town of Vail website showing the park and providing links to current flow volumes C. Project Disadvantages • As with natural boulder features, there is no guarantee of "the perfect whitewater feature". • Expense: substantial cost with no guarantee. However, this also applies to natural boulder features. • i~ Kev Concerns A. Success • Basic hydraulic engineering supports the concept of focusing the flow. In addition, the general idea has been successfully tested in this location during the Teva Games in 2003. • The engineering concept behind this feature is to increase the velocity of flow across the existing concrete slab, up to 25 percent for recreational flows. • The new technology behind today's freestyle kayaks is termed a"planing hull". Planing hulls have a flat bottom, and when the boat is given some speed, the hull skims to the surface, allowing the boat to spin and the paddler to perform tricks. • Therefore, by increasing the velocity in this feature, the recreational experience for Vail's ~ park is enhanced. • In addition, because of the adjustability of the proposal, the whitewater feature can advance with the sport. B. Safety • Six of fhe eight bladders are simply rubber structures that pose no safety concern. • The two center bladders on the dawnstream edge will have narrow steel plates to enhance the adjustability of the wave. However, these plates will have rounded corners and a rubber bumper attached to the edge. !n addition, they will be in the deepest part of the channel so potential contact is minimal. There are no edges to get hooked on and no corners to impact. • These features would not be considered any different from the general hazards inherent to whitewater activities or other use of the river. • C. Aesthetics • The bladders would be attached to the existing concrete slab and, for the most part, located beneath the pedestrian bridge. They wifl be black in coior and wauld likely be covered in algae as is the concrete slab. • When deffated, they will be visually insignificant. They would create ripples during the low fiows of the iate fall and winter months. • When inflated, the bladders would be submerged during high water. During lower flows in July and August, when the park is in operation, the outer bladders would be visible above the water line. • The bladders will always be deflated at night. D. Operations • The current proposal includes the installation of a"PLC" which is a computerized control system. It operates the system at programmed times. In addition, it can be programmed to adjust to varying water levels and for desired wave shapes and sizes. • Programming the system would be a"trial and error" process and would take a season or two to fine-tune. • The proposal includes an upstream sensor that would deflate the system automatically in the event of potentially damaging fioodwaters. • Staff is recommending the formation of a whitewater park "operating committee" comprised of iocal boaters, fishermen, business owners, etc. as well as a Town staff member to establish the operating guidelines and to program the system. This was successful when the park was first constructed and many of the same members have • expressed interest again. Purpose of the Work • The purpose of the work is to enhance the recreational experience of Vail's existing whitewater park. Proposed Work The town proposes to attach 8 rubber bladders to an existing concrete slab using stainless steel anchor bolts. The bladders will be operated using stainless steel air supply iines connected to a computerized control system located above the stream bank. All work will be completed per US Army Corps of Engineers specifications, which will include comments from the Colorado Division of Wildlife. Best Management Practices will be utilized to minimize sedimentation and turbid water conditions during construction. A copy of the sediment control plan is attached. Extent of Impacts The quantity of fill below the level of the 100 year floodplain elevation will be 1.67 cubic yards when the bladders are deflated. This is spread over an area of 768 square feet (the existing concrete slab). As noted above, the hydraulic model indicates that there is no impact to the 100-Year Flood elevation. The system will not be operated during potentially damaging flows and as noted an automatic override will deflate the system if unanticipated high flows are encountered. Wetland Issues No wetlands will be impacted or disturbed as part of this proposal. Excavated Materials • The only excavated materials will be concrete drilling spoils from the anchor bolt holes and sawcuts for the air supply lines. Because the work will occur on a dry concrete slab, all spoils can be vacuumed up and properly disposed of. Attached Exhibits Exhibit 1: Site Plan Exhibit 2: Hydraulic study Exhibit 3: Photos of the existing site Exhibit 4: Photo examples of deflated and inflated systems Exhibit 5: Environmental Impact Assessment Exhibit 6: Letter from Floodplain Administrator • S $ ~ K' U ~ ~ L ~ O ; V u y q ~ M2In Jn aS0O I e ~ o 90/S 119 1ICn s m~ ? ~ ~ , d _ ~=-•4""*~....~-- m ~ a ~ cn c p ~ 1 w U a ~ o ~ V) a o o Ulo N in z Ld ~ / a. D °7 . C , l; p ~ LL' ti.~._ i •J~ .pJ',m~ cy-, po mW`\ Um W / . O 3 ~ a y Lr) , p3 w ly- dZ, m \ / . " , ~ . . ' . X , ' , • D ~ . . lil... , , . ~ ~ ~ j ~D'. F' O ~,~i.r• , P~~` R`MN ~~c~ . . 0 ' . ' ~ - ~ ~ . .i h,•.<.~ o ~ X w / m p 'o ./l ~ r 0. \ r ~ ~ > ~ ' ~ • .--ii " . ~ 3 u I ~ ~ 3 ° i•... U \1 ~:t', / _ ; . (J • q N 'D . M ' ~ / ' ' , .y . . i . il) -fl x'n Ln l ~ Y I N:m 0 a , l n . ~ m r~ . , ..I. r. S I + W 0 ~ ~ X . W ! a( ~ ~ ~r ~ o N x w'o t a LJ\ `.c0 C) C) l ~ d+ c ~ 4 ~ a ~ . ~ = a 1 i ~ U, U Q ~ I 1 o { J 7 a . N Np,, O t-- x ~ J 1 . (n m (D o ~ Q C 57 .-i Q Q) ~ ~ Juh I?, ?O()t, IvER . • PtI Hu~ U'I_'.; l~lc1M 111111 C111 ing, 1 loi.id~1 "'1602 11?7 (11 ~~d? IL July 13, 2006 Mr. Tom Kassmel Town of Vail 75 S. Frontage Road, Vail, CO 81657 (970) 479-2235 RE: Vail Whitewater Park Enhancements, Floodplain Compliance Dear Tom, Proposed recreation enhancements at the Vail Whitewater Park include in-channel modifications to hydraulics for enhanced recreational whitewater experiences. This letter is to discuss how the proposed modifications comply with Town of Vail and Federal floodplain development guidelines. TOV: 12-21-10: DEVELOPMENT RESTRICTED: (E) The Administrator may requii•e any applicant or person desiring to modify thellood plain by fill, construction, channelization, grading, or other similar changes, to submit for • review an environmental impact statement in accordance with Chapter 12 of this Title, to establish that the work will not adversely affect adjacent properties, or increase the quantity or velocity offlood waters. (Ord. 16(1983) § 1: Ord. 12(1978) § 4) Existing Conditions The feasibility of enhancing recreation without increasing the Base Flood Elevations (BFEs) is shown herein through 1-dimensional step backwater modeling. This analysis is based on a HEC-RAS floodplain model supplied by the Town of Vail. The established floodplain geometry is "Imported Geom 0 1 mbjrevised" and the associated "100 Year Discharge" is the steady flow data. However, the floodplain geometry is not detailed enough to represent the potential impacts to the Base Flood Elevations. A very low berm, separating a building on the right (north) over bank and Gore Creek, was identified by Peak Land Consultants with field survey in 2001. It is estimated that the berm has insufficient flood freeboard. This berm was not resolved in the FEMA flood studies; however, the berm freeboard does not comply with the levee requirements of FEMA under Paragraph 65.10 NIFP Regulations (3 feet of freeboard minimum). The right (north) berm is at elevation 8156.71 feet and the building floor elevation is 8155.1 feet. . 1 of 4 ~ Juh I 1, ?UU6 A a?? . . . • . • Pl, R- 11.',I l~nnui.. l ~pvin~;, ~ ulur.uiu 100' 0"0 1 1)4.7 l~ The previous FEMA FIS dated November 2, 1982 shows a cross section named AC at approximately 225 feet upstream of the Pedestrian Bridge that is coincident with the low berm and represents a wide section of Gare Creek between two entrenched and narrow sections. This cross section (AC) is missing from the 2005 FEMA floodplain model. In a desire to better represent the channel hydraulics near the low berm, a cross section (RS 157.666) was added to the 2005 model, 225 feet upstream of the Pedestrian Bridge, with interpolated floodplain and channel detail based on the Peak 2001 survey. In addition, RS 157.0 shows a critical flow state in the 2005 floodplain model, creating a backwater at the downstream face of the Pedestrian Bridge (RS 157.1) and representing a submerged concrete slab. The RS 157.0 section is approximately across the pool downstream of the main whitewater feature. However, a river wide hydraulic jump is visually evident at all flows between these cross sections, which indicates that RS 157.1 should be in a critical flow state and RS 157.0 should be in a sub critical flow state. RS 157.0 was adjusted with channel detail surveyed by Peak 2001. Therefore, an existing conditions geometry "Imported Geom Olmbjrevised existing" was developed by the insertion of a cross section at RS 157.666 and the adjustment of cross section RS 157.0 based on Peak (2001) surveyed detail. This resulted in modeling a critical flow state at RS 157.1 and a sub-critical flow state at RS 157.0, consistent with • visual observations of the existing hydraulic jump. This "Imported Geom Olmbjrevised existing" geometry represents the best available data for modeling Gore Creek flood flows through the project area. Proposed Conditions The Selected Alternative for modifications to the Vail Whitewater Park includes installing inflatable bladders on an existing concrete slab and stabilizing the right bank downstream of the concrete slab. Also included is a peg-board system that would allow for the periodic installation of features to enhance the park. It is anticipated that the peg- board would allow for the continual future development of features as future whitewater users demand. Because of the existing Floodplain conditions, any adjustable features shall require continual supervision while operating and, are not to be left in place overnight. Furthermore, a redundant, river stage, automatic shutoff is recommended for the inflatable bladders. The automatic shutoff shall be set 225 feet upstream of the Pedestrian Bridge (representing the low point of the berm) to automatically deflate all bladder structures when the river stage reaches 8155.10 feet. The park shall be supervised and operated not to increase river stages greater than 8155.10 feet at 225 feet upstream of the pedestrian bridge. This allows for a minimum of 1.6 feet of freeboard during supervised operation, is below the building floor elevation, and is below water surface elevations measured during previous high flow events. A field survey of the high • 2 of 4 I ~ Julv I 1. 20iib IVER ~f,~,. . • Pll Rus 02 I23.( ,Icmwl S~innc. ( ulural~I60219701 Q47..i: water May 22, 2005 (approximately 1,500 cfs) measured the elevation of the water to be 8155.11 feet near this location. A proposed geometry "Imported Geom Olmbjrevised Proposed" was created by widening the both the upstream and downstream internal bridge cross sections (RS 157.2) to 46.4 feet and raising the channel bottom to elevation 8149.12 feet. In addition, the right bank of RS 157.0 was modified to show the proposed conditions of the bank stabilization. The proposed geometry (proposed modifications to RS 157.2 and RS 157.0 only) was then run with the "100 Year Floodplain" steady flow data (2,100 cfs). Results show that the deflated bladders would maintain the existing conditions BFEs without any increase in water surface elevation for the 100-year flood event, if installed below the average elevation of 8149.12 feet. Table 1. presents proposed conditions with the proposed size and elevations of the deflated bladder structures affixed on top of the existing slab, the peg-board holes, and the right bank stabilization. Table 1 Station Description BFE BFE WSEL (ft) (ft) (ft) 158.1 Downstream face of Bridge St. Bridge 8158.94 8158.71 8158.71 158.0 527.0 feet U/S of Pedestrian Bridge 8158.52 8157.84 8157.84 • 158.666 25.0 feet U/S of Pedestrian Bridge N/A 8156.62 8156.62 157.5 74.4 feet U/S of Pedestrian Bridge 8154.83 8154.61 8154.61 157.3 Upstream face of Pedestrian Bridge 8154.39 8154.03 8154.03 157.2 Pedestrian Bridge N!A N/A N/A 157.1 Downstream face of Pedestrian Bridge 8154.12 8153.12 8153.12 157.0 17.8 feet D/S of Pedestrian Bridge 8153.00 8153.24 8153.11 156.9 U/S face of International Bridge 8152.54 8152.54 8152.54 156.8 nternational Bridge N/A N/q N/A Notes: 1. Base Flood Elevation established in 2005 Floodplain Model 2. Base Flood Elevation from Floodplain Model modified with surveyed existing conditions detail 3. Water Surface Elevations with proposed modifications 4. Cross-section from current HEGRAS Model 5. Cross-section added or adjusted into existing conditions HEC-RAS Model with additional detail surveyed by Peak Land Consultants, 2001 The proposed project would not increase Base Flood Elevations on Gore Creek and would not have any impact on100-year flooding nor floodplain. The project would not result in any change of quantities of water during the 100 year discharge. Velocity changes at RS 157.0 (+0.53 ft/s =+6%) may be considered insignificant, and no erosion, nor aggradation or degradation is anticipated as a result of the project. Nor would the project adversely affect adjacent property owners if constructed and operated as ~ 3 of 4 ' Julv I 20Ut~ AFN IvER X..• Ru,; 0'I ~lcm-n,J ';Ittines. ( uluiad" recommended herein. It should be noted that adjacent property owners may be at risk of flooding under existing conditions and the project would not change this risk. Please contact me with any questions or comments. Respectfully, RIVERRESTORATION.ORG, LLC. Jason Carey, P.E. Principal • . 4 of 4 ~ : . . { . i;~~ • ~ . y~,a.'? Existing Park in Fall during low flows. - Mid summer flows across concrete slab • • A~ew,~z~~,~ `5r ' 'St ~?-i:--~'k~~ : ~r .h. ; ~ Existing wave during mid ~ summer ~ . ~ ~ T e+k~~ ~Y~",~. • r; _ .-.s.~.~i3 ~•S } • ' k+S q's` , , - ~ ~ - - , I' Example of Deflated Bladders ~ . ~ ~ ~ . _ i Example of Inflated Bladders a t I a ~~~~",i~~ ~I • II ~ ~ " . K. V •u4hacn w ~ i pn iig ~r . ,m.~.. " , .x. ~k~.?~ `v „ . . J IV. ENVIRONMENTAL IMPACT ANALYSIS In accordance with Chapter 12-21-10, Town of Vail Code, staff and the project consultant have ~ completed an environmental impact analysis. The following criteria have been evaluated for impacts from this proposal: 1. Hydrologic conditions, such as surface drainage and watershed characteristics, ground water and soil permeability characteristics, natural water features and characteristics, and any potential changes or impacts. A complete floodplain impact analysis has been prepared by River Restoration.org. The floodplain study (attached) concludes floodplain elevations along Gore Creek will not be adversely impacted by the proposal. 2. Atmospheric conditions, such as airshed characteristics, potential emissions, and any potential changes or impacts. This proposal will not impact any atmospheric conditions in the area of Vail Village. 3. Geologic conditions, such as land forms, slope, soil characteristics, potential hazards, and any potential changes or impacts. This proposal is not located in any of the Town's identified geologically hazardous areas. , No changes to existing landforms (other than limited grading and the placement of boulders - within the stream tract) are proposed. 4. Biotic conditions, such as vegetative characteristics, wildlife habitats, and any • potential changes or impacts. The existing aquatic environment of Gore Creek in Vail is currently impacted by non-point source pollution. Limiting factors include increased sediment discharge from the highways and adjacent development. Low flow periods in late summer and the resulting warmer water temperatures also have an impact. It is not expected that the project would have any major functional impact on of these limiting factors. This project is expected to have some effect on decreasing the increased sediment loading from the degrading North Bank. The reach is managed by DOW for cold water fisheries; the substrate is gravel, cobble boulder bed. Increased sediment loading on Gore Creek, largely associated with development, is the most critical reach habitat issue as identified by the DOW in a February 13, 2006 site visit. The reach of Gore Creek between the confluence with Red Sandstone Creek and the confluence with the Eagle River has been identified by the DOW as a Gold Medal Fishery. The project site is approximately 1.1 miles upstream of the reach which has been designated a Gold Medal Fishery. The long term effects of this project on the Gold Medal Fishery downstream would be decreased sediment loading by stabilization of the north (right) bank. The project may have temporary construction impacts with track equipment driving on and excavating the bed material in the wet channel. Construction activity may have isolated increases in turbidity. Best management practices such as turbidity curtains, silt fences, • construction sequencing and care of water would be utilized to minimize potential turbid conditions and locations. 5. Other environmental conditions, such as noise levels and odor characteristics, and ~ any potential changes or impacts. Staff believes potential impacts to the existing noise level of the creek are minimal when compared to the noise generated by nearby uses/activities. These include loading and delivery at adjacent retail properties, snowmaking operations on Vail Mountain and special events along Gore Creek Promenade, Bridge Street and Gore Creek Drive. Staff does not anticipate any "nuisance" impacts from this proposaL 6. Visual conditions, such as views and scenic values, and any potential changes, impacts, or marked contrasts. Town staff will be working very closely with the contractor to ensure aesthetics of the projects are the highest priority. Most materials used in this project will be natural and consistent with materials occurring naturally within the Gore Creek stream tract. The exception to this will be a small utility box, 36"x36"x144" to hold the compressor and controls. The utility box will be sub-grade behind the existing rock wall on the North side of Gore Creek between the International bridge and pedestrian bridge (See Drawing). In- channel there will be adjustable structures attached to the existing concrete slab. These structures will fully deflate to no more than 3.5 inches in height. These structures will also be placed predominately under the pedestrian bridge. The structures are designed and placed to minimize visual impacts. 7. Land use conditions, such as characteristics uses, compatibility with officially approved land use and open space policies and • objectives, and potential changes or impacts. Because this project involves only minor improvement to the existing whitewater park, existing uses will be relatively unaffected. This portion of the Gore Creek stream tract has long been estab(ished as an area for recreational uses. This stretch of creek was previous{y dammed and used as an ice skating area and the grassy knoll portion of Gore Creek Promenade is currently used for concerts, parties and special events. Staff believes the intensity of the proposed use is compatible with both the historic use of the site and the intensity of adjacent uses. Adjacent uses include high-density residential (up to 25 units/acre), lodging and commercial. 8. Circulation and transportation conditions, such as volumes and traffic flow patterns, transit service needs, alternative transit systems, and potential changes or impacts. Staff does not believe this proposal wilf impact vehicular traffic flow or transit service needs in the area as the intended use of this area will not change from the existing use. 9. Population characteristics, such as residential densities, neighborhood patterns, potential displacement of residents or businesses, and potential changes or impacts. • This proposal will not impact or displace any of the existing densities, residents or businesses within Vail Village. OVAkl t V iF11 Department of Public Works & Transportation 1309 Elkhorn Drive Vail, CO 81657 970-479-2158 Fax: 970-479-2166 ~ www.vailgov.com MEMO To: Bill Gibson CC: Gregg Barrie From: Tom Kassmel, Town Engineer/Floodplain Coordinator Re: Whitewater Park Enhancement Project Date: 7/17/06 The proposed improvernents to the Town of Vail's Whitewater Park have been reviewed for compliance to the Town Code with regards to the 100 Year Floodplain. After 'reviewing the hydraulic analysis completed by • River Restoration.Org dated July 13th, 2006, it is evident that this project will not cause any negative flood impact to adjacent properties, there will be no increase to the 100 yr flood water surface elevations or quantity of floodwaters, and there will be no significant increase in velocity. It is my opinion that this project may move forward as designed. If you have any questions please contact me. • ptta~hment` C ,N ~ w ^,tO,a W~.a. L iyo 70- sall.7 w+~ U ~ 1•' 1 A U p j~ J Q " ~ w ~ O p T~ A luP ~1 'p •f~ ! 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Attachment: D « : . t ~~~VAI ` THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmentai Commission of the Town of Vail will hold a pubiic hearing in accordance with section 12-3-6, Vail Town Gode, on July 24, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Lion Square Lodge East; a request for a final review of a variance from Section 12-71-1-10, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for encroachments in the setbacks; and a request for a final review of a recommendation to the Vail Town Council for an amendment to Chapter 5, Detailed Plan Recommendations, L'ionshead Redevelopment Master Plan, to create build-to-lines to allow for encroachments in the setbacks; (ocated at 660 West • Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0041) Applicant: Lion Square Lodge East, represented by Bilf Anderson Planner: Bil( Gibson A request for a final review of a variance, from Section 12-66-6, Setbacks, Vail Town ~ Code, pursuant to Chapter 12-97, Variances, to allow for a garage addition within the front setback, located at 265 Beaver Dam Road/Lot 40, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0040) Applicant: David Cohen, represented by Fritzlen Pierce Architects Planner: Bill Gibson A request for a final review of a variance from Chapter 14-5, Parking Lot and Parking Structure Design Standards For All Uses, pursuant to Chapter 12-17, Variances, to allow for a garage entry opening to be 12 feet (12') wide instead of the required minimum width of twenty feet (20'), (ocated at Vail Cascade Residences/Vail Cascade Subdivision, and setting forth detaiis in regard thereto. (PEC06-0045) Applicant: Steve Lindstrom, represented by RKD Architects, Inc. Planner: Matt Gennett A request for a final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for tine installation of a sanitary sewer line in the Gore Creek Floodplain, located at 3877 Lupine Drive/Lot 6, Block 1, Bighorn 15c Addition, and setting forth details in regard thereto. (PEC06-0046) Applicant: Roland and Jeanne Kjesbo Planner: Matt Gennett A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3- 7, Amendments, Vail Town Code, for proposed amendments to Chapters 12-21, Hazard Regulations, 14-7, Geologic/Environmental Hazards, and 14-10, Design Review ~ Standards and Guideiines, Vail Town Code, to create Wildfire ReguTations that add wildfire hazard to the Hazard Regulations and require mitigation in high and extreme wildfire hazard zones, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede A request for a final review of an Exemption Piat, pursuant to Chapter 13-12, Exemption • Plat Review Procedures, Vail Town Code, to allow for a proposed realignment of the common property line between Lots 2 and 3, located at 5087 and 5097 Main Gore Drive, Bighorn Subdivision, and setting forth details in regard thereto. (PEC06-0048) Applicant: Fred and Janet Streich and Sandy Salmons Planner: Matt Gennett A request for a final review of a variance, from Section 12-6D-8, Density Control, and Section 12-15-2, Gross Residential Floor Area Requirements by Zone District, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the secondary unit of a primary/secondary development to construct more than 40% of the allowable gross residential floor area (GRFA), located at 1989 Circle Drive/Lot 27, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC06-0049) Applicant: James Garland and John Kirschner, represented by Galen Aasland Planner: Bill Gibson A request for a final review 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 A request for a final review of floodplain modifications, pursuant to Chapter 14-6, • Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek streambank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. (PEC06-0050) Applicant: Town of Vail, represented by Gregg Barrie Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vai{ 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 Vai! 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 July 7, 2006, in the Vail Daily. _ • • • , 16$4 , PLANNING AND ENV'RONMENTAI MpTION: ' PROOF OF PUBLICATION C~MIS~" sECOrvo: vore: PUBLIC MEETiNG JulY 24,2006 9. A request for a final rev'uew pi a var- 1:00Pm iarxe, from Section 12-6D$, Density Corrirol, and STATE OF COLORADO } Section 12- 15-2. Gross flesideMial Floor Area TOWN COUNCIL CHAMBERS / PUBLIC WEL- Requirements by Zone District, Vail Town Code, 1 cc COME pursuantFO Chapter 12-77, Vanances, to allow j J`~• for the secondary unit of a primary/secpndary de- COLTNTY OF EAGLE } MEMBERS PqESENT MEMBERS ABSENT velopmeM to construct more than 40% of the al- Site Visits: lowable gross residential tloor area (GRFA), locat- etl at 1988 Circle Drive/Lot 27, BuHehr Creek 1. Streich / Salmons Residence - 5087, Subdivision, and setting forth tletails in regard 5097 Main Gore Drive thereto. (PEC06-0049j , Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Roadn Residence - 265 Beaver Dam ~P~ ented by Galen Aaslandand Joh~ Kirschner, Z Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado allC~ 3. Whitewater Park- East of the Planner. Bill Gibson has a general circulation therein; that said newspaper has been published continuously and , Intemationa! Bridge on Willow ACTION: To be tabled to August 14, 2oos Bridge Road MOTION: uninterruptedly in said County of Eagle for a period of more than ffty-two consecutive weeks next prior 4' Lion Square Lodge East-660 West SECOND: VOTE: Lionshead Piace to the first publication of the annexed legal notice or advertisement and that said newspaper has 5. Vail Cascade Residences - 10. A request for a final recommendation to the Yail Cascade Subdivision Vail Town Council, pursuant to Section 72-37, blished the requested legal notice and advertisement as requested. Amendment, vail Town Code, for text amentl- Driver: George ments to Article 12-7A, Pubfic Accommala6ons he Vail Daily is au accepted legal advertising medium, only for jurisdictions o eratin under District, Vail Town Code, to allow for banks and fi- Colorado's Home Rule provision. p g ~ 20 minutes nancial ir~stitutlons as a conditional use within 1. A request for a tinal review of a major the Public Accommodations District, and setting exterior atteration, pursuant to Section 12-71-1-7, forth delails in regard thereto. (PEC06-0047). Major Exterior Afterations or Modifications, Applicant: Town of Vail That the annexed legal notice or advertisement was published in the regular and entire issue of every en~ovation ~;t,;~ uo foradditionsto,andthe Planner: RachelFrietle Square Lodge East; a re- ACTION:WITHDRAWN number of said daily newspaper for the period of 1 consecutive inseRions; and that the first publication of quest for a final review of a variance from 11, Approval of July 10, 2006 minutes Section 12-7H-10, Setbacks, Vail Town Code, pur- MOTION: suant to Chap[er 12-17, Variances, Vaif 7own SECOND: VOTE: said natice was in the issue of said newspaper dated July 22 A.D. 2006 and that the last publication of c~, to allow for encroachments in the setbacks; 12. Information Uptlate and a request for a recommendation to [he 13. Adjoumment Vail Town Council for an amendment to Chapter 5, MOTION: said notice was in the issue of said newspaper dated July 22 A.D. 2006. Detailed Plan RecommendaHons, Liorshead Re- SECOND: VOTE: development Master Plan, to create build-to-iines ~ to allow for encroachmeMS in the setbacks; locat- The applications and information about the propos- ed at 660 West Lionshead Place/LM 1, Vail 4ons- als are "lable for public inspection during regu- In witness whereof has here unto set my hand this 31 st day July, 2006 heatl Filing 1, Addition 1, and setting forth details lar office Frours at the Town of Vail Community De- in regard thereto. (PEC06-0041) velopmerrt Department, 75 South Fronhage Roatl. The pubFc is irnited to atlend the project orienq- Applicant: Lion Square Lodge East, represeMed tion and ft site visits that precede the publiC hear- Publ' r/ eneral Mana er/Editor by Bi0 AndersPlanner: gfp Gibson ing in the Town of Vail Communiry Development g DepartmeM. Please cell (970) 479-2138 for addi- ACTION: tional irHortnation. Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this MOT10N: SECOND: VOTE: Sig~ lanc~age iMerprefation is available upon re- 731 st 15 minutes quest with 247hour notification. Please caH (970) Of Jllly, ZOOE. , 2. A request for a final review of a var- 479-2356, Tetephone for the Hearing Impaired, for iance, from Section 12-68-6, Setbadcs, Vail Town iMormation. i ----Code, pur5uant to Chapter 12-17, Variances, to al- / / low for a garege addition within the front setbadc, Communi(y DevelopmerTt Departrnent located at 265 Beaver Dam Road/l,ot 40, Blodc 7, Published Juy 21, 2006, in the Vail Daily. I Vail Village Filingt, arxJ setting forth details in . I regard thereto. (PEC06-0040) -~PRY P amela Joan Schultz ! ApPlicznt: David Cohen,represeMed by Fritzien PierCe ArChitects ~~NotaryPublic Plannec; BiIlGibson ACTfON: MOTION: SECOND: VOTE; ; .n My Commission expires: November 1, 2007 10 minutes . p,qM • • E~ 3. A req~st for a final review of a varv i SC • iarice from Chapter 14-5, Parking Lot and Paricing ; NUL7z ~ Struciure Design SYandards For All Uses, pur- • suant to Chapter 12-17, Variances, to ellaw for a .9 i i yaraye entry opening to be 12 (eet (12') wide in- s[ead of the required minimum widlh of twenty feet ~y (20'), locate at Vail. Cascade Residences/Vail Cas- ~7` Ca cade Subdivision, qnd setting foM details in re- , ' garci thereto. (PEC06-0045) . Applicant: Stere Lindstrom, represeMed by RKD Archi[ecls, Inc. Plamer: Matt Gennett ACTipN: MOT10N: SECOND: VOTE; 5 minutes 4. A request for a~recommentletion to the Vail Town Council, pu to Secbm 12-37, Amentl- - meMs, Vaii Trnm,.Cpde, for propoead amandmenis ,n.... n~_..~-- • • _ tire hazard to the Hazard Regulations and require mitigation in high and exheme witdflre hazard ~ zones, and setting forth details in regard there- ~I to. (PEC06-0029) Applicant: Town of Vail Pfanner: Rachel Friede i ACTION: MOT{ON: SECOND: VOTE: 5 minutes 5. A request for a final reviev+ ot an Exemptlon Plat, pursuant to Chapter 13-12. Exemption Plat fieview Procedures, VaN 7own Code, to allow for ; proposed realignment of the common property line between Lots 2 and 3, located at 5087 anc 5097 Main Gore Drive, BighoRi Subdivision, ana setting foRh details in regard HterBto. (PEC06- 0048) Applicant: Fred and Janet Streich and Sandy Salmons Planner: Matt Gennett ACTION: MOTION: SECOND: VOTE: 10 minutes 6. A request for a final review of floodplain modifi- cations, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabili- zaUon of the Gore Creek streambank and modifications to the Town of Vail White Water Park, in Me Gore Creek floodp{ain, located at Tracl I, Blodc 5E, Vail Viflege Filing t, (generally located east of the International Bridge on Willow Bridge Roed), and setting foRh details in re- gard thereto. (PEC06-0050) Applicant Town Of Vail, represented by Gregg Bartie Planner: Bill Gibson ACTION MOTION: SECOND: VOTE: 7. A request for a final review of a floodplain modi- fication, pursuant to Chapter 14-6, Grading Siandards, Vail Town Code, to allaw 1or the instal- lation of a sanitary sewer line in the Gore Creek Floodplain, located at 3877 Lupine DrivelLM 6, Block 1, Bighorn 1st Addition, And settlng forth details in regard thereto. (PEC06-0046) Applicant: Roland and Jeanne Kjesbo Planner: Matt Gennelt ACTION: To be tabled to August 74,2006 MOTION: SECOND: VOTE: 8. A request for a fkiel review a major exterior al- 'teratlat. Purswurt to Section 12-7J-12, Mnjor , Enlerior Alleradons or Modfications, Vail Town Coda, to aNow for the construction of Uee rxnbsrGne t.odge. wcatea at 11789 Norn, Frorrtage RoedMW 9-12. Buffehr Creek Subdivisron, ard seainp brth deteils in regerd tliereto. (PEC05- 0080) ApplicanC Timberline Roost Lodge, LLC, repre- seneed by Mauriello Planning Group, LLC Planner. Matt Gemen ACTION: To be tabled to August 14, 2006 • • • , • ~garage addition wifhin the Tront setbadc, bcated at VtNage FAing • 265 gBearer Dam RoatllLot 40, 7, YsH VNlage national Bric 1656 (PEC~-0o~n9 . f~ ~ Applicartt: David Cohen, ted by Fritzlen Bgme , Pierce Arohitects Planner: ~ PROOF OF PUBLICATION Planner: Bill Gibson The ~;~t A request for a finai review of a variance Trom als are avad Chapter t4-5, Parking Lot artd Parking Struc[ure haus at the STATE OF COLORADO } Design Standards For Atl Uses, pursuaM to Chap- DepaRment, ter 12•17, Variances, to allow tOr a garage entry is irnited to ~ opening to be 12 teet (12) wide instead of the re- visils that pi ~'s. quired mmimum width of twenry feet (20'), located of Vail Cc 'i COLTNTY OF EAGLE } at Vail Cascade ResidencesNail Cascade Subdivi- Please call sion, and setting forth details in regard tfiereto. tion. (PEC06-0045) Applicant: Steve Lindstrom, represented by Si~ langua RKD Archifects, lnc. quest, with Planner: Matt Gennett 479-2356, Ti I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same inbrmation. ~ A request for a finai review of a flootlplain modifi- ards, Vail 7own Code, to altow for tine installatron (32511974) Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and plain,cation, located at pursuant to 3877 Chapter Lupine 14-6, Drive/Lot 6, Grading Black 1 Stand- Pudished has a generai circulation therein; that said newspaper has been published continuously and of a sanitary sewer Ilne in the Gore Creek Ffood- , Bighorn tst Addition, and setting forth details in re- uninterruptedly in said County of Eagle for a period of more than 6fty-two consecutive weeks next prior gardtbereto. (PEC06-0046) j to the frst publication of the annexed legal notice or adveRisement anc3 that said newspaper has Applicant: Roland and Jeanne Kjesbo Planner: Matt Gennett Published the requested legal notice and advertisement as requested. nrequest ror a rna, ,ecommendation to me Vail Tavm Council, pursuartt to Section 12-3-7, Amend- he Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under ~nts, Vail Town Code, for proposed amendmenYs Colorado's Home Rule provision. to Chapters 12-21, Hazard pegulations, 14-7. Geologic/Ernironmental Hazards, and 1410, De- sign Review Standards and Guide{ines, Vail Tawn Code, to create Wildfire Regulations that add wild- fire hazard to the Hazard Regulations and require at the annexed legal notice or advertisement was published in the regular and entire issue of every mmgat;on ;n nigh and extreme Wilcrire nazara zones, and setdng forth details in regard thereto. number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of (pplica~M~~TownofVail Planner: Rachel Friede said notice was in the issue of said newspaper dated July 07 A.D. 2006 and that the last publication of porbes Kba, t,lik"m Ulrdup ---•ption Plat, AAarla@forbesgroup.net lat Rewew said notice was in the issue of said news a er dated Jul 07 A.D. 2006. '°r a prO- I p p 3' (970)390-7049 rty iine be- and 5097 nd setting In witness whereof has here unto set my hand this 31st day July, 2006 3~ WILDRIDGE mtllSandy Pu ~ er/G er anager/Editor ance, from ;ecuon ~z- auiremems irsuarrt to Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this "1e ~°"-opme able ngross 731 S`of Jnly, 2006. ^ ,sss cr- ~ ision, and j ~ 5768 A W ildridge Road (PEC06- ~ his Beautiful duplex home is located at the K~~ner, top oF Wildridge badcs to BLM 8 enjoys panoramic mountain views. Flexible floor Pam Joan Schultz ~ plan. 4BD + oftice/Loft 8 3.5 baths. Lower evel can easiry be separated to accommo- rior altera- Notary Public date a rental apt complete w/kitchenette. )r Exterior In-floor heat, wood iloors, new appliances, ode, to al- 3-car garage. $939,000 ne Lotlge. PUeMy Commission expires: November 1, 2007 P~; "a"~ F°~` L~S 9-12, Amsden, Devis 8 owler ~rth details VarltiomeSearch.com LC, repre- : WOLCOTT moda tl_ itions m • • i ' Gore • - ~OF Ga' - PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • August 14, 2006 ~'`(~y~; ' 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Doug Cahill Chas Bernhardt Bill Pierce Rollie Kjesbo Dick Cleveland Anne Gunion Bill Jewitt Site Visits: 1. Kjesbo Residence - 3877 Lupine Drive 2. Thomas Residence - 4024 Willow Way and 4026 Lupine Drive 3. Vail Mountain View Townhomes - 442 South Frontage Road 4. Golden Peak Ski Base and Race Building and Children's Ski School - 498 Vail Valley Drive 5. Whitewater Park - East of the International Bridge on Willow Bridge Road 6. Lion Square Lodge East - 660 West Lionshead Place 7. Eagle River Water and Sanitation District - Unplatted parcel west of West Forest Road • 8. Timberline Roost Lodge - 1783 North Frontage Road Driver: George Public Hearing - Town Council Chambers 5 minutes 1. A request for a final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the installation of a sanitary sewer line in the Gore Creek Floodplain, located at 3877 Lupine Drive/Lot 6, Block 1, Bighorn 15` Addition, and setting ~ forth details in regard thereto. (PEC06-0046) Applicant: Roland and Jeanne Kjesbo Planner: Matt Gennett ACTION: Approved with conditions I MOTION: Cleveland SECOND: Jewitt VOTE: 6-0-1 (Kjesbo recused) CONDITIONS: 1. That the applicant provides the Community Development Department with an ILC of the site following the completion of the sewer line connection work prior to the granting of a TCO or CO in order to verify no permanent modification to the floodplain has occurred as a result of this proposal. Matt Gennett presented the project according to the memorandum. Anne Gunion asked if an EIR (Environmental Impact Report) had been submitted. Matt Gennett clarified that the Public Works Department had waived that requirement due to the fact that the • applicant had already received Army Corps approval for the proposal. Shortly afterward, Doug Cahill verified with staff that the appropriate approvals had been obtained. Page 1 30 minutes • 2. A request for a final review 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: Matt Gennett ACTION: Approved with conditions MOTION: Kjesbo SECOND: Cleveland VOTE: 7-0-0 CONDITIONS: 1. That all the public works conditions of approval, as stated in Section IX of the staff memorandum dated August 14, 2006, be adhered to in full prior to the issuance of a TCO for the Timberline Lodge property. 2. That the developer shall add 4" irrigation sleeves on the traffic control islands proposed on the North Frontage Road at the time of construction of the proposed redevelopment, should irrigation be required on their landscape plan as part of the applicant's Design Review Board application. Matt Gennett presented the project according to the memorandum. Dominic Mauriello, the applicant's representative, explained the project in further detail through story boards and a digital rendering. Greg Beamis, a neighbor to the north, expressed continued concern about the side of the • building. He recommended that the PEC take some time to review the new plans in detail. Jim Lamont, Vail Village Homeowners, expressed concern about the turn lanes, the median, the bus stop, and the general interaction between the proposed structure and the existing Frontage Road and I-70 corridor. Dominic Mauriello commented that they were actually not even required to provide left turn lanes, but were, regardless. Jim Lamont again expressed the concern that the road may eventually carry far more traffic than it does today. Wendy Erb commented that she thought that the developer was moving towards a better structure. However, she was still concerned about the bulk and mass of the structure. She expressed further concern about the amount of shadow cast during the winter on surrounding areas. She felt that some drainage mistakes existed on the road to the north, regardless. Finally, Ms. Erb commented that she thought there might be an error regarding hearing dates in the memo. Bill Pierce asked Greg Hall how and when the Frontage Road improvements would occur. Greg commented that the traffic impact fee could be raised, but Council approval would be required for any change. Anne Gunion agreed with the Staff's recommendation, but also agreed with the developer's request to change the conditions of approval. She commented that the developer has proposed ~ more than should have been required as part of today's application. Page 2 Chas Bernhardt agreed with the suggestion to modify the conditions. He commented favorably on the modification of the bulk and mass, the changes to the fagade, etc. • Dick Cleveland asked the applicant if the for sale units would be operated under a rental program. The applicant replied in the affirmative. He also asked if the bike would truly be a bike/recreational path, and not simply a pedestrian path. Dominic replied that the path was meant for "recreation". Mr. Cleveland asked if the developer was asking for an offset to the traffic impact fee to cover the amenities proposed. The applicant replied that the offset to the traffic impact fee would help in the construction of the proposed improvements. Dick Cleveland said that he did not see a problem with the continuation of the bike path. He thought that the trash shelters did not necessarily need to be combined. As large as the project is, he thought its proximity to the Frontage Road could be tolerated. Bill Jewitt also supported modifying conditions #20, #14, and #21. This process has shown that the changes to the building spoke well for the ongoing review process that existed in the Town, since the building has become substantially better. He also thanked the neighbors for their input. Rollie Kjesbo agreed that the developer had traveled far in the review process. He had no issues with the changes proposed to conditions #20 and 21. He thought that condition #14 should stay active. Doug Cahill seconded the opinions offered by his colleagues. He thought that the building complied with the criteria for approval. He worried about the proximity of landscaping to the roadway, but was still in favor of the project. Dick Cleveland mentioned that Jim's comments had merit. He proposed that the Town provide • for the possible eventual construction of a median. Chas Bernhardt asked if the continuation of the walk would contribute to the discounted impact fee. His question was verified affirmatively. Following the motion and second, Dominic commented that there were a number of large trees that would likely need to be removed if the sidewalk was continued. The PEC commented that that would be a DRB issue to resolve. 10 minutes 3. A request for a final review of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek streambank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. (PEC06-0050) Applicant: Town of Vail, represented by Gregg Barrie Planner: Bill Gibson ACTION: Denied MOTION: Jewitt SECOND: Kjesbo VOTE: 4-3-0 (Pierce, Gunion, Bernhardt opposed) (Based on the finding that the proposed structure would have a negative effect on the environment). Bill Gibson presented the project according to the memorandum. • Page 3 iI I PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • August 14, 2006 ~'`(~y~; ' 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Doug Cahill Chas Bernhardt Bill Pierce Rollie Kjesbo Dick Cleveland Anne Gunion Bill Jewitt Site Visits: 1. Kjesbo Residence - 3877 Lupine Drive 2. Thomas Residence - 4024 Willow Way and 4026 Lupine Drive 3. Vail Mountain View Townhomes - 442 South Frontage Road 4. Golden Peak Ski Base and Race Building and Children's Ski School - 498 Vail Valley Drive 5. Whitewater Park - East of the International Bridge on Willow Bridge Road 6. Lion Square Lodge East - 660 West Lionshead Place 7. Eagle River Water and Sanitation District - Unplatted parcel west of West Forest Road • 8. Timberline Roost Lodge - 1783 North Frontage Road Driver: George Public Hearing - Town Council Chambers 5 minutes 1. A request for a final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the installation of a sanitary sewer line in the Gore Creek Floodplain, located at 3877 Lupine Drive/Lot 6, Block 1, Bighorn 15` Addition, and setting ~ forth details in regard thereto. (PEC06-0046) Applicant: Roland and Jeanne Kjesbo Planner: Matt Gennett ACTION: Approved with conditions I MOTION: Cleveland SECOND: Jewitt VOTE: 6-0-1 (Kjesbo recused) CONDITIONS: 1. That the applicant provides the Community Development Department with an ILC of the site following the completion of the sewer line connection work prior to the granting of a TCO or CO in order to verify no permanent modification to the floodplain has occurred as a result of this proposal. Matt Gennett presented the project according to the memorandum. Anne Gunion asked if an EIR (Environmental Impact Report) had been submitted. Matt Gennett clarified that the Public Works Department had waived that requirement due to the fact that the • applicant had already received Army Corps approval for the proposal. Shortly afterward, Doug Cahill verified with staff that the appropriate approvals had been obtained. Page 1 30 minutes • 2. A request for a final review 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: Matt Gennett ACTION: Approved with conditions MOTION: Kjesbo SECOND: Cleveland VOTE: 7-0-0 CONDITIONS: 1. That all the public works conditions of approval, as stated in Section IX of the staff memorandum dated August 14, 2006, be adhered to in full prior to the issuance of a TCO for the Timberline Lodge property. 2. That the developer shall add 4" irrigation sleeves on the traffic control islands proposed on the North Frontage Road at the time of construction of the proposed redevelopment, should irrigation be required on their landscape plan as part of the applicant's Design Review Board application. Matt Gennett presented the project according to the memorandum. Dominic Mauriello, the applicant's representative, explained the project in further detail through story boards and a digital rendering. Greg Beamis, a neighbor to the north, expressed continued concern about the side of the • building. He recommended that the PEC take some time to review the new plans in detail. Jim Lamont, Vail Village Homeowners, expressed concern about the turn lanes, the median, the bus stop, and the general interaction between the proposed structure and the existing Frontage Road and I-70 corridor. Dominic Mauriello commented that they were actually not even required to provide left turn lanes, but were, regardless. Jim Lamont again expressed the concern that the road may eventually carry far more traffic than it does today. Wendy Erb commented that she thought that the developer was moving towards a better structure. However, she was still concerned about the bulk and mass of the structure. She expressed further concern about the amount of shadow cast during the winter on surrounding areas. She felt that some drainage mistakes existed on the road to the north, regardless. Finally, Ms. Erb commented that she thought there might be an error regarding hearing dates in the memo. Bill Pierce asked Greg Hall how and when the Frontage Road improvements would occur. Greg commented that the traffic impact fee could be raised, but Council approval would be required for any change. Anne Gunion agreed with the Staff's recommendation, but also agreed with the developer's request to change the conditions of approval. She commented that the developer has proposed ~ more than should have been required as part of today's application. Page 2 Chas Bernhardt agreed with the suggestion to modify the conditions. He commented favorably on the modification of the bulk and mass, the changes to the fagade, etc. • Dick Cleveland asked the applicant if the for sale units would be operated under a rental program. The applicant replied in the affirmative. He also asked if the bike would truly be a bike/recreational path, and not simply a pedestrian path. Dominic replied that the path was meant for "recreation". Mr. Cleveland asked if the developer was asking for an offset to the traffic impact fee to cover the amenities proposed. The applicant replied that the offset to the traffic impact fee would help in the construction of the proposed improvements. Dick Cleveland said that he did not see a problem with the continuation of the bike path. He thought that the trash shelters did not necessarily need to be combined. As large as the project is, he thought its proximity to the Frontage Road could be tolerated. Bill Jewitt also supported modifying conditions #20, #14, and #21. This process has shown that the changes to the building spoke well for the ongoing review process that existed in the Town, since the building has become substantially better. He also thanked the neighbors for their input. Rollie Kjesbo agreed that the developer had traveled far in the review process. He had no issues with the changes proposed to conditions #20 and 21. He thought that condition #14 should stay active. Doug Cahill seconded the opinions offered by his colleagues. He thought that the building complied with the criteria for approval. He worried about the proximity of landscaping to the roadway, but was still in favor of the project. Dick Cleveland mentioned that Jim's comments had merit. He proposed that the Town provide • for the possible eventual construction of a median. Chas Bernhardt asked if the continuation of the walk would contribute to the discounted impact fee. His question was verified affirmatively. Following the motion and second, Dominic commented that there were a number of large trees that would likely need to be removed if the sidewalk was continued. The PEC commented that that would be a DRB issue to resolve. 10 minutes 3. A request for a final review of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek streambank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. (PEC06-0050) Applicant: Town of Vail, represented by Gregg Barrie Planner: Bill Gibson ACTION: Denied MOTION: Jewitt SECOND: Kjesbo VOTE: 4-3-0 (Pierce, Gunion, Bernhardt opposed) (Based on the finding that the proposed structure would have a negative effect on the environment). Bill Gibson presented the project according to the memorandum. • Page 3 iI I Rollie Kjesbo asked if "such other factors and criteria as the commission deems applicable" could include the facts that the proposed bladders are not a natural addition to the creek. Bill • Gibson commented in the affirmative. Gregg Barrie commented that when the park was originally constructed, there were high hopes regarding its future. He said that numerous analyses had been completed regarding improving the site. He said that any additional permanent structures or boulders could impact the floodplain. The reason the bladders are being proposed is the can be deflated at times of high water flow to not impact the floodplain. He commented that most people who walk by will likely not notice the bladders. Doug Cahill asked how the floodplain would be affected by rocks within the stream. Gregg responded that the flow would be displaced and therefore cause a floodplain issue. He continued by saying that only a couple of inches of height could be permanently placed in the stream without negatively effecting the flow. Bill Jewitt questioned the original decision to construct the whitewater park in it present location. He quested if a different section of the creek would be more appropriate and no have the potential floodplain impacts of the current site. Bill Pierce did not have issue with the un-natural appearance of the bladders since the creek was not currently a pristine environment. However, he did not support the expenditures necessary to implement this proposal. Anne Gunion believed that the proposal complied with the review criteria. • Chas Bernhardt commented that this proposal was similar to the terrain park on the ski mountain. The whitewater park should be visible, easily accessed, and improved in order to bring people to town. Dick Cleveland stated that there is no question that this met all the floodplain issues. He did think it was unreasonable to expect this area of the creek to be a whitewater park. The negative impacts of the bladders would not outweigh the convenience of the higher water level. Bill Jewitt agreed with Mr. Cleveland and felt that the proposal did not meet the criteria for modifications to the floodplain. 10 minutes 4. 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 a combination of two lots into a single lot, Lots 12 and 13, Bighorn Subdivision, located at 4024 Willow Way and 4026 Lupine Drive, Bighorn Subdivision, and setting forth details in regard thereto. (PEC06-0051) Applicant: Trudy Thomas Planner: Warren Campbell ACTION: Approved MOTION: Kjesbo SECOND: Jewitt VOTE: 7-0-0 Warren Campbell presented the project according to the memorandum. Trudy Thomas, the applicant, made herself available for questions but did not have anything to add, but commended staff for being so helpful. • Page 4 Doug Cahill asked the applicant if she was comfortable with the concept of transforming two lots into one. • Trudy Thomas commented that the proposal would be in better keeping with the surrounding lots. Bill Pierce asked if the app{icant could re-subdivide into two lots in the future, Staff commented in the affirmative. 30 minutes 5. A request for a recommendation to the Vail Town Council of an amendment to Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, to further identify opportunities for the future redevelopment of the Lion Square Lodge, located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0056) Applicant: Lion Square Lodge East and Vail Resorts, represented by Chip Melick Planner: Bill Gibson ACTION: Recommendation of Approval Forward to the Town Council MOTION: Kjesbo SECOND: Jewitt VOTE: 7-0-0 Bill Gibson presented the project according to the memorandum. Anne Gunion asked if Vail Resorts had agreed to the proposal, which Staff verified in the affirmative. Chip Melick described the application in further detail. • No public comment was proffered. Bill Pierce noted his concern about the precedence this proposal could set for other properties. Bill Gibson commented that a"build to" line had been contemplated, but that such a line was better suited for streets, streetscape design, and other related projects. Bill Jewitt commented that in a different situation, the adjacent property owner might be badly effected. Bill Gibson commented that easements which allow for certain improvements are beneficial in that they allow for legal means for an encroachment. The encumbrance would be in perpetuity, or at least last for the duration of the existing structure, in answer to Anne Gunion's question. Doug Cahill asked about the extension of the existing GRFA into the setback. Chip Melick commented that the building footprint currently existed two feet (2') within the setback. Chas Bernhardt commented that this concept was a step forward for the whole Town in implementing the intent of the Town's regulation, rather than just the black and white. He noted that achieving consensus between two parties was invaluable. Dick Cleveland asked if this change was approved if this property was the only property entitled this privilege. Bill Gibson commented that, as proposed, this would only apply to Lions Square Lodge. Any other property would need to undergo the same process for a similar request. He • commented that the 4`h paragraph of the proposed text was excessive and should be deleted. Page 5 Rollie Kjesbo asked if "such other factors and criteria as the commission deems applicable" could include the facts that the proposed bladders are not a natural addition to the creek. Bill • Gibson commented in the affirmative. Gregg Barrie commented that when the park was originally constructed, there were high hopes regarding its future. He said that numerous analyses had been completed regarding improving the site. He said that any additional permanent structures or boulders could impact the floodplain. The reason the bladders are being proposed is the can be deflated at times of high water flow to not impact the floodplain. He commented that most people who walk by will likely not notice the bladders. Doug Cahill asked how the floodplain would be affected by rocks within the stream. Gregg responded that the flow would be displaced and therefore cause a floodplain issue. He continued by saying that only a couple of inches of height could be permanently placed in the stream without negatively effecting the flow. Bill Jewitt questioned the original decision to construct the whitewater park in it present location. He quested if a different section of the creek would be more appropriate and no have the potential floodplain impacts of the current site. Bill Pierce did not have issue with the un-natural appearance of the bladders since the creek was not currently a pristine environment. However, he did not support the expenditures necessary to implement this proposal. Anne Gunion believed that the proposal complied with the review criteria. • Chas Bernhardt commented that this proposal was similar to the terrain park on the ski mountain. The whitewater park should be visible, easily accessed, and improved in order to bring people to town. Dick Cleveland stated that there is no question that this met all the floodplain issues. He did think it was unreasonable to expect this area of the creek to be a whitewater park. The negative impacts of the bladders would not outweigh the convenience of the higher water level. Bill Jewitt agreed with Mr. Cleveland and felt that the proposal did not meet the criteria for modifications to the floodplain. 10 minutes 4. 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 a combination of two lots into a single lot, Lots 12 and 13, Bighorn Subdivision, located at 4024 Willow Way and 4026 Lupine Drive, Bighorn Subdivision, and setting forth details in regard thereto. (PEC06-0051) Applicant: Trudy Thomas Planner: Warren Campbell ACTION: Approved MOTION: Kjesbo SECOND: Jewitt VOTE: 7-0-0 Warren Campbell presented the project according to the memorandum. Trudy Thomas, the applicant, made herself available for questions but did not have anything to add, but commended staff for being so helpful. • Page 4 Doug Cahill asked the applicant if she was comfortable with the concept of transforming two lots into one. • Trudy Thomas commented that the proposal would be in better keeping with the surrounding lots. Bill Pierce asked if the app{icant could re-subdivide into two lots in the future, Staff commented in the affirmative. 30 minutes 5. A request for a recommendation to the Vail Town Council of an amendment to Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, to further identify opportunities for the future redevelopment of the Lion Square Lodge, located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0056) Applicant: Lion Square Lodge East and Vail Resorts, represented by Chip Melick Planner: Bill Gibson ACTION: Recommendation of Approval Forward to the Town Council MOTION: Kjesbo SECOND: Jewitt VOTE: 7-0-0 Bill Gibson presented the project according to the memorandum. Anne Gunion asked if Vail Resorts had agreed to the proposal, which Staff verified in the affirmative. Chip Melick described the application in further detail. • No public comment was proffered. Bill Pierce noted his concern about the precedence this proposal could set for other properties. Bill Gibson commented that a"build to" line had been contemplated, but that such a line was better suited for streets, streetscape design, and other related projects. Bill Jewitt commented that in a different situation, the adjacent property owner might be badly effected. Bill Gibson commented that easements which allow for certain improvements are beneficial in that they allow for legal means for an encroachment. The encumbrance would be in perpetuity, or at least last for the duration of the existing structure, in answer to Anne Gunion's question. Doug Cahill asked about the extension of the existing GRFA into the setback. Chip Melick commented that the building footprint currently existed two feet (2') within the setback. Chas Bernhardt commented that this concept was a step forward for the whole Town in implementing the intent of the Town's regulation, rather than just the black and white. He noted that achieving consensus between two parties was invaluable. Dick Cleveland asked if this change was approved if this property was the only property entitled this privilege. Bill Gibson commented that, as proposed, this would only apply to Lions Square Lodge. Any other property would need to undergo the same process for a similar request. He • commented that the 4`h paragraph of the proposed text was excessive and should be deleted. Page 5 Bill Jewitt commented that the proposal met the intent of the setback area. • Doug Cahill asked if the building code non-conformities were being addressed through this proposal, which Mr. Melick clarified in the affirmative. He then asked why this was not addressed as a variance. Bill Gibson commented that staff felt that a variance from the setbacks would not be appropriate and the more appropriate process would be to amend the master plan. Doug Cahill asked that the finding be added to Rollie's motion that stated the increased conformance of the project with applicable codes. Other Commission members did not think that such a finding would be necessary. Bill Pierce asked if these units were not expanding if the request would be necessary. Bill Gibson commented that the proposed additional square footage necessitated the application. 30 minutes 6. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Lion Square Lodge East, located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0041) Applicant: Lion Square Lodge East, represented by Bill Anderson Planner: Bill Gibson ACTION: Approved with conditions MOTION: Kjesbo SECOND: Jewitt VOTE: 7-0-0 CONDITIONS: • Prior to Application for Buildina Permits 1. Prior to application for building permit, the developer must obtain Vail Town Council approval of a resolution amending the Lionshead Redevelopment Master Plan to allow for encroachments within the setback area adjacent to the Ski Yard. 2. Prior to application for building permits, the developer must obtain Town of Vail Design Review approval of this proposal. 3. Prior to application for building permits, the developer and Vail Resorts must enter into a legally binding agreement with the Town of Vail memorializing the location and specific provisions of the "restricted area". Prior to Requestinq a Temporarv Certificate of Occupancv 4. Prior to requesting a temporary certificate of occupancy for this proposal, the applicant must obtain Town of Vail approval of an amendment final pfat to update Condominium Map to show the improvements associated with this proposed renovation. The applicant shall place a note on the plat acknowledging the potential negative impacts associated with encroachment into the setback areas adjacent to the Ski Yard. Recommendation: 1. The applicant and the Design Review Board find ways improve the proposed landscape plan better screen the parking lot and the provide a better transition to the ski yard. 2. The applicant should make a contribution to public art (Commissioner Cahill). • Bill Gibson presented the project according to the memorandum. Page 6 Chip Melick, the applicant's representative, further explained the proposal and illustrated the nature of the Major Exterior Alteration via a 3D digital model presentation. • Doug Cahill asked if copies of what was presented in the presentation could be made available for the public. George Ruther commented that still photo images from the model could be provided, but not necessarily the computer files. Jim Lamont, Vail Village Homeowners Association, asked what the applicant's strategy was for the final phase of redevelopment of this project. Bill Anderson, general manager of the Lion Square Lodge, commented that the applicant was willing to work on the landscaping near the ski yard. They were more than happy to make the connection in that area work well. Jim Lamont asked if anything could be done to reduce the amount of surface asphalt. Bill Anderson noted commented that a large portion of the parking lot was just rebuilt with the Arrabelle project, but that the three condominium associations were working together to provide a better transition area. Dick Cleveland also expressed concern about the areas that Jim mentioned. He also asked about future parking being located below grade. Overall, he was supportive of the project. ' Bill Pierce expressed some concern about the parking as well. Bill Anderson expressed that they, too, had the desire to reduce the surface parking area. He stated that is was quite complicated to complete the reconstruction that had been prompted by the Arrabelle reconstruction as well. To do anything now would be prohibitive for several years. ` Doug Cahill commented that is was refreshing to see a project that was not proposing substantial new height increases, etc. He asked what public value was being added as a part of this request. Chip Melick commented that the exterior changes to the building were likely valuable enough. Dick Cleveland asked that the importance of reducing visible parking be made clear to the Associations. 10 minutes 7. A request for a final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for grading within the Gore Creek 100-year floodplain, to install public utilities, located on an unplatted parcel of land directly west of West Forest Road (a more complete location description is available at the Town of Vail Department of Community Development). (PEC06-0052) Applicant: Eagle River Water and Sanitation District Planner: Bill Gibson ACTION: Approved with conditions MOTION: Cleveland SECOND: Jewitt VOTE: 7-0-0 CONDITIONS: 1. Prior to construction, the applicant shall comply with the requirements of all applicable local, state, and federal permits and approvals. 2. Prior to construction, the applicant shall submit written documentation to the Town of Vail verifying Vail Resort's granting of an easement allowing for the construction of the new sanitary sewer line. • Page 7 3. Prior to construction, the applicant shall coordinate all grading associated with this proposal with the State of Colorado Division of Wildlife to ensure the ~ protection of fish and other aquatic species. 4. Within 30 days of completion of the improvements/modifications within the 100- year floodplain, the applicant shatl obtain Town of Vail approval of an as-built survey demonstrating that the 100-year floodplain was modified in accordance with this approval. Bill Gibson presented the project according to the memorandum. He commented that Army Corps appraval had been given, as had the Town's floodplain coordinator. Marty G. responded to a question that the construction would likely take place in October. Chas Bernhardt asked a question about stench in another area of town, which question was irrelevant to the subject at hand. 15 minutes 8. A request for final review of a conditional use permit, pursuant to Section 12-8D-3, Conditional Uses, Vail Town Code, to allow for the redevelopment of ski racing facilities; and a request for a final review of a minor amendment to the Golden Peak Ski Base Development Plan, pursuant to Section 12-8D-6, Development Plan Required, to allow for an interior addition within the Children's Ski School building and the redevelopment of the race course finish building, located at 498 and 598 Vail Valley Drive/Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC06-0057 & 0058) Applicant: Vail Associates, Inc., represented by Jay Peterson Planner: Elisabeth Reed • ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Jewitt VOTE: 7-0-0 CONDITIONS: 1. Prior to release of a building permit from the Town of Vail Community Development Department, the applicant shall receive approval of the associated design review request. Staff made a presentation per the staff memorandum. Jay Peterson, representing Vail Associates, made himself available to answer any questions the Commission may have. There was no public comment. Bill Pierce indicated no concerns with the application. He recommended that the DRB reviews the project and address materiality and quality concerns. Doug Cahill questioned the location of the building relative to the race arena and any safety issues. Brian McCartney addressed the questions, stating that the building was being proposed further to the north simply to protect existing vegetation. • Page 8 10 minutes 9. A request for a final review of a minor subdivision, pursuant to Section 13-4-2, Procedure, Vail • Town Code, to allow for the resubdivision of Tract D, Vail Village Fifth Filing, creating two new lots, located at 442 South Frontage Road, and setting forth details in regard thereto. (PEC06- 0060) Applicant: Lunar Vail, L.L.C., represented by Ron Byrne Planner: George Ruther ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Bernhardt VOTE: 7-0-0 George Ruther presented the project according to the memorandum. Bill Pierce asked if any negative ramifications would occur to the setbacks or other regulations. Jay Peterson, representing the applicant, made himself available for questions. No public comment was proffered. John Zummer, a neighbor who lived in Building B, commented that there was a provision on page 6 of the memo that stated that the applicant needed to submit an easement to the Water District. George Ruther commented that this was agreed to by the District to be identified on the plat. He verified to John that this was a condition of approval. John commented that Buildings C and D were currently not associated with Buildings A and B. 10. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, • Amendments, Vail Town Code, for proposed amendments to Chapters 12-21, Hazard Regulations, 14-7, Geologic/Environmental Hazards, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create Wildfire Regulations that add wildfire hazard to the Hazard Regulations and require mitigation in high and extreme wildfire hazard zones, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede ACTION: Table to September 11, 2006 MOTION: Kjesbo SECOND: Jewitt VOTE: 7-0-0 11. 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 ViHage 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) I Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership Planner: Warren Campbell , ACTtON: Withdrawn 12. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the • renovation of, the Lion Square Lodge East; a request for a final review of a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Page 9 Code, to allow for encroachments in the setbacks; and a request for a recommendation to the Vail Town Council for an amendment to Chapter 5, Detailed Plan Recommendations, • Lionshead Redevelopment Master Plan, to create build-to-lines fo allow for encroachments in the setbacks; located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0041) Applicant: Lion Square Lodge East, represented by Bill Anderson Planner: Bill Gibson ACTION: Withdrawn 13. A request for a final review of a variance, from Section 12-6D-8> Density Control, and Section 12- 15-2, Gross Residential Floor Area Requirements by Zone District, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the secondary unit of a primary/secondary development to construct more than 40% of the allowable gross residential floor area (GRFA), located at 1989 Circle Drive/Lot 27, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC06-0049) Applicanf: James Garland and John Kirschner, represented by Galen Aasland Planner: Bill Gibson ACTION: Withdrawn 14. Approval of July 24, 2006 minutes MOTION: Jewitt SECOND: Cleveland VOTE: 6-0-1 (Kjesbo recused) 15. Information Update • Vacation schedules • 16. Adjournment MOTION: Jewitt SECOND: Kjesbo 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 August 11, 2006, in the Vail Daily. • Page 10 r . MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 14, 2006 SUBJECT: A request for a final review of a floodplain modification, pursuant to Chapter 14-6, I Grading Standards, Vail Town Code, to a11ow for the instaliation of a sanitary sewer line in the Gore Creek Floodplain, located at 3877 Lupine Dri\elLot 6, Block 1, Bighorn 15t Addition, and setting forth details in regard thereto. (PEC06-0046) ~ Applicant: Roland and Jeanne Kjesbo Planner: Matt Gennett 1. SUMMARY The applicants, Roland and Jeanne Kjesbo, are requesting approval of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for grading within the floodplain for the installation of a sanitary sewer line connection. Based upon Staff's review of the criteria detailed in Section VI of this memorandum, and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the • requested floodplain modification, subject to the findings noted in Section VII of this memorandum. fl. DESCRIPTION OF REQUEST The applicant is proposing to temporarily modify the Gore Creek floodplain to allow for the installation of new sanitary sewer line connection to a sewer main which runs parallel to the Gore Creek in the vicinity of the subject site, located at 3877 Lupine Drive/Lot 6, Block 1, Bighorn 1St Addition (Attachment B). The former connection was located just west of the proposed connection along the same rear property line and entirely within a wetland. The new connection will better serve the proposed duplex and is almost entirely out of the delineated wetland area. The proposal does not call for any permanent modifications to the floodplain, and the applicant has agreed to perform an Improvement Location Certificate (ILC), with contours and grades shown on the survey, to verify the topography is returned to the condition it was in prior to this installation occurring. Ill. BACKGROUND In 1984, the previous duplex built on the subject propertywas remodeled. On September 7, 2005, the Design Review Board approved a new duplex on Lot 6, Block 1, Bighorn 1" Addition. • 1 ~ IV. ROLES OF REVIEWING BODIES • , Planninq and Environmental Commission: The Planning and Environmental Commission is responsible for final approval/approval with canditions/denial of a floodplain modification application. I Desiqn Review Board: The Desi n Review Soard has no review authorit of a flood lain modifcation, but ma 9 Y P Y review any accompanying Design Review application. 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 Design Review Board or Planning and Environmental Commission erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. ' Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a memo containing background on the property and provides a staff evaluation of the project with respect to the ~ required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review Process. V. APPLICABLE PLANNING DOCUMENTS • Town of Vail Zoninq Requlations (Title 12, Vail Town Code) Section 12-21-1QE, HAZARD REGULATIONS, DEVELOPMENT RESTRICTED (in part) E. The Administratormay require any applicant orperson desiring to modify fhe flood plain byfill, construction, channelization, grading, or other similar changes, to submit for review an environmental impact sfatement in accordance with Chapter 12 of this Title, to establish that the work will not adversely affect adjacent properties, or increase the quantity or velocity of flood waters. Town of Vail Development Standards Handbook (Title 14, Vail Town Code) Chapter 14-6, GRADING STANDARDS (in part) Floodplain Standards: No grading is permitted in the 100-year floodplain without Planning and Environmental Commission approval. If an applicant wishes to grade into the 900-year floodplain, an environmental impact report is required. The environmental impact report shall include impacts to vegetation, riparian areas, appropriate hydraulic engineering calculations to show no increase in water surface profile and velocity, as well as stating that there will be no adverse impacts to adjacent properties. No permanent improvemenfs shall be constructed within 1' of the floodplain line. • 2 ~ • The floodplain line shall be determined by a registered professional land surveyorby plotting the appropriate elevation ofthe floodp/ain on a maximum 1"20'topographic 2'contourmap using the adopted Town of Vail flood profiles (the Federal Emergency ManagementAgency Flood Insurance Study). The topographic survey shall reveal the method for determining the starting point and the starting elevation for the floodplain delineation. A site specific study performed by a Professional Engineer per FEMA guidelines and approved by the Town of Vail and FEMA may be required. VI. CRITERIA AND FINDINGS A. The Planninq and Environmental Commission shall consider the followinq criteria when reviewinq an aqplication for a modification to the floodplain: 1. The proposed floodplain modification will not increase the quantity or velocity of flood waters. The Community Development Department and the Town of Vail Floodplain Coordinator have reviewed this proposal and since there are to be no permanent modifications to the floodplain, the subject criterion has been fully met. The condition of approval listed in Section VII of this memorandum will verify the fact of there being no permanent modifications to the floodplain as a result of this request. 2. The proposed floodplain modification will not adversely affect adjacent • properties. The Community Development Department and the Town of Vail Floodplain Coordinator have reviewed the subject request within the context of its potential impacts upon adjacent property owners and finds no possibility of adverse effects upon the surrounding properties. The property is being redeveloped to accommodate a new duplex structure and all of the development standards are being adhered to in conjunction with this floodplain modification request. 3. Such other factors and criteria as the commission deems applicable to the proposed variance. Given the imposed condition of approval, which entails requiring the applicant to resurvey the property upon completion of the modification in order to ensure there is no permanent floodplain modification, staff believes this proposal will not have any impacts upon the existing condition of the flood plain, or any adjacent properties. The modification to the floodplain is a temporary condition. B. The Planninq and Environmental Commission shall make the followinq findinqs before approvinq a floodplain modification: 1. The proposed floodplain modification will not increase the quantity or velocity of flood waters. 2. The proposed floodplain modification will not adversely affect adjacent • properties. ' 3 • VII. STAFF RECOMMENDATION The Community Development Department recommends thaf the Planning and Environmental Commission approves, with conditions, the proposed floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code to allow for grading within the floodplain to allow for the installation of a sanitary sewer line, located at 3877 Lupine Drive/Lot 6, Block 1, Bighorn 1S` Addition. Staff's recommendation is based upon the review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this request; the Community Development Department recommends the Commission pass the following motion: • "The Planning and Environmental Commission approves the applicant's requestfora floodplain modificafion, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for grading within the floodplain for a new sewer line connection„ located 3877 Lupine Drive/Lot 6, 8lock 1, Bighorn 1St Addition and sefting forth detai/s in regard.; subject to the follovung condifions: 1. The applicant shall submit a stamped Improvement Location Certificate and topographic survey, verifying the "as-built" conditions of the subject site to the • Town of Vai! Community Development Department for review and approval, prior to Town of Vail final construction inspection. 2. The applicantshall comply with the requirements ofall applicable local, state, and fecleral permits and approvals. VIII. ATTACHMENTS A. Vicinity Map B. Site Plan • 4 Attachment: B ' • i~ I Ad - , "'r~ • -in un~ ti~~•y A ~ 7 w. m ~ ~ . ~y•-q---~ . i - N - ` . _-.,.~y..'~ . /'•,y 1-' i'~~6 f i ~ . ? R ~ j i-- ' -ri 4~~+ e~ _ Y ' ~p'~ ~~F.~ F F. ~ F ~ ~y` ~ 1 ~ ? ~ ; 1 • ~ I ~ (p 4" ' F F . . *ooe.--~ - Y . _ ` ~ 9 '~VCl[.LGN 1N]+Y3 AWl ' a~ t F ~c F O . Attachment: A 4 t ~O a ~i~~~ r `~',i~ 7~ • Y~ r~ ~ s~ 8 ~ 19 0 . ~ ~ CL C) N g ~~{y. ~ ~.{,q'~y`,~. ~ i: ~ .~r d~yy~ z ~ ~ _ =3 O '~r°~ _'~i"~ a* ~y.,~..r . ~ ~ - ~ ~ ~ . ~ . ~ . . i M1+~^ ~ ' f Y! 4l f.~7~1^ R• . ~ Z, . ~ ~ ~ ~ > O e°~~ ! ~ L~ .A, ~~'~Y~~.•i ..t~. T'fIG~' J~',LWA ~ U) ' a 0000 Q , C •Fn r r~y~4 i~ ~&~~Fh X { S y ~ L W Ap~ r ~ o. O - = J ii ~ O A1 ~ ~ g~ ~ 'M~+Y NI S C: ~ Q d" t'~`s~ ~,;,~J•~ ~p.~" ~1~. ~ a f ~a~ j'`~ d~ ~ ~i ' C> ~ o ~zy~ LL ~ UWJ ~Fl,~ ,w -0 C: a c 0) 044 0 • ~ i ~ 'a~"" ~ , y ~ ~ ~ ~ ~ w ^t ; ' ~ ' ~ ~ cz { ~ ~ ? a Y~' >'y~~l ~ ..r~ l() ! m ~l~~ b •a~' 't ~ t ~?f' rk I ` li ~ t `:Y4W ~ ]k'"~~. .?')+~K"' , ~ Y. ~ A~i..' R <~f„~~~'~ t c~. z t. • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 14, 2006 SUBJECT: A request for a final review a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Aiterations 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: Matt Gennett 1. SUMMARY The applicant, Timberline Roost Lodge, L.L.C., represented by Mauriello • Planning Group, L.L.C., is requesting final review of a major exterior alteration application which, upon approval, would facilitate the redevelopment of the Roost Lodge, located at 1783 North Frontage Road. 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 subject to the findings and conditions noted in Sections VIII and IX of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Timberline Roost Lodge, L.L.C., represented 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 is for a major exterior alteration to allow for the demolition of the existing Roost Lodge and the construction of the new Timberline Lodge in the Public Accommodation-2 (PA-2) zone district. 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 story • lodge comprised of 101 accommodation units, 28 dwelling units, and 3 Type III deed restricted employee housing units, in addition to 169 above and below grade parking spaces. The total Gross Residential Square Footage (GRFA), 1 i including the 101 accommodation units is 75,842 square feet. Of the total, • ~ 53,097 square feet (70%) will be hotel rooms, and 22,745 square feet wifl be condominiums. The applicant anticipates that the new lodge will be operated by I Marriott or another national hotel brand as a"limited service" lodge. A comparative summary of the allowed and proposed development standards has been included in Section V of this memorandum. A vicinity map 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, re-roofing, 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 8 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 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 hefd 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. 2 • On January 17, 2006, the Vail Town Council heid 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. On April 10, 2006, the Town of Vail Planning and Environmental Commission held a public hearing to review the proposed Roost Lodge Existing Grades Topographic Map. The purpose of the review was to determine the existing grade conditions that would be used by the Town to verify compliance with the building height regulations. Upon review of the map, the Commission voted unanimously to approve the map as presented. On June 26, 2006, the Town of Vail Planning and Environmental Commission held a public hearing to conduct a work session to discuss the proposed major exterior alteration of the Timberline/Roost Lodge redevelopment site. The Commission expressed positive comments related to the changes made since the April 10 hearing, especially the articulation of the roof, reduction of the mass, • and improved landscaping plan, which all work toward bringing the project into a higher level of compatibility with the neighborhood. IV. 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 unrts 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, Zoning Requlatians 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: 3 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%) 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 shafl 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 111 employee housing units as provided in chapter 13 of this title. 4 • 12-7J-4: ACCESSORY USES: The following accessory uses shali 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 poo{s, fennis courts, patios, or other recreation facilities customarily incidentai 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 qlanninq and environmental commission and/or the desiqn review board variations to the setback standards outlined above mav be aqproved durinq the review of exterior alternations or modifications (section 12-7A-12 of this article) subiect to the applicant demonstratinq comqliance with the followina 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 tight, 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 solufions or other public benefits that could not otherwise be achieved by conformance with prescribed setback sfandards. 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 fiftv (150) square feet of qross residential floor area (GRFA) mav be permitted for each one hundred (100) square feet of buildable site area Final determination of allowable aross residential floor area shall be made bv the planninq and environmental commission in accordance with section 12-7J-12 of ~ this article. Specificallv, in determininq allowable qross residential floor area the planninq and environmental commission shalt make a findinq that proqosed gross residential floor area is in conformance with applicable elements of the Vail Comprehensive Plan. Total density shall not exceed twenty five (25) dwelling 5 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 a multiple-family building may include one or more attached accommodation units. 12-7J-9: SITE COVERAGE: Site coveraqe shall not exceed sixtv five percent (65%) of the total site area Final determination of allowable site coveraqe shall be made bv the plannin4 and environmental commission and/or the desiqn review board in accordance with section 12-7J-12 of this article. Specificallv in determininq allowable site coveraqe the planninq and environmental commission and/or the desiqn review board shall make a findinq that proposed site coveraqe 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 approvaf of the planning and environmental commission and/or the design review board. 12-7J-12: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The consfruction 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; Contenfs: 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 6 • 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, samp(es and ofher materials if desmed necessary to properly evaluafe 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 shali fapse 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 allawed 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 Pfan. 12-7J-14: MITIGATIUN OF DEVELOPMENT 1MPACTS: Property owners/developers shal( also be responsible for rnitigating 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 mitiqation and public amenitv improvements shall be balanced with the qoals of redevelopment and will be determined bv the qlanninq and environmental commission in review of develoqment 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 fract/bank restoration, • loading/delivery, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopmenUdevelopment projects which produce substantial off site impacts. 7 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 2/27106 08/07/06 Standard Allowed/Required PEC Submittal PEC Submittal Lot Area: 10,000 sq. ft. min. 86,597 sq. ft. 86,597 sq. ft. Density: 49 Dwelling Units 39 Dwelling Units 28 Dwelling Units AU's Unlimited 124 AU's 101 AU's GRFA****: 129,896 sq. ft. 100,240 sq. ft. 75,842 sq. ft. (70% = 53,097 sq ft) (30% = 22,745 sq ft) Building Height: 48 feet • 48 feet 48 feet Site Coverage*'**: 56,288.23 sq. ft. (65%) 52,864 sq. ft. 44,376 sq. ft. (51 Landscape Area: 25,979 sq. ft. (30%) 31,960 sq. ft. 38,698 sq. ft. (44%) Setbacks""'*: North: 0'-20' 20' 20' West: 0'-20' 20' 15' (15t floor stairwell) East: 0'-20' 20' 20' • South: 0'-20' 20' 20' Parking: 156 spaces 196 spaces 169 spaces Loading: 1 berth 1 berth 1 berth Employee 3 units 3 units 3 units Housing: Subject to review and approval by the Planning & Environmental Commission. VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq 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 12-7A-13, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Public Accommodation (PA) zone district. According to Section 12-71-1-13, 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; • 8 • Staff Response: The purposes of the Public Accommodation-2 (PA-2) zone district are listed verbatim in Section 1V of this staff memorandum. The primary purpose of the PA-2 zone district is: "fo provide sites for /odges, limited service lodges, and residential accommodations on a short term basis, for visifors and guests, together with such public and semipublic facilities and commercial/retail and relafed visitor oriented uses as may be appropriately located within the same district and compatible with adjacent land uses." Given the proposal is for a lodge comprised of 70% accommodation units and 30% condominium units, complete with the amenities typically associated with a resort lodge use, the proposal adheres to the basic premise of the PA-2 zone district. The size of the proposed Timberline Lodge has been gradually reduced over the course of the design review process in response to comments from the public and the Planning and Environmental Commission. Likewise, the roof has been articulated in a manner which breaks up the visual bulk and mass of the building; the landscape plan has been revised to provide better screening; and, the architecture of the building has been revised to create more cohesiveness • between the subject property and adjacent sites. The purpose statement of the PA-2 zone district further states the following: "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 disfrict 6y establishing appropriate site development standards." The applicant's proposal includes amenities commensurate with lodge uses; such as spas, a fitness room, and meeting facilities; and does i maintain the desirable resort qualities of the PA-2 district by adhering to the prescribed site development standards. 2. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and Staff Response: The changes made to the proposal since its original submission have been substantial and have brought the proposed building into greater conformance with the existing character of the neighborhood. The character of the neighborhood should be viewed in the context of what is . currently present on and around the subject site. The Roost Lodge has been in existence since the early 1970s and proven to be compatible with adjacent land uses. Considering the various multi-family buildings in the immediate vicinity of the Roost Lodge, to the west and north, a structure 9 which accommodates multiple family dwelling units and accommodation • units is in keeping with the existing, surrounding uses. Also, the development site for the proposed Timberline Lodge is comprised of four individual lots in the subject neighborhood. The size of the proposed building is in direct proportion with the size of the development site, which encompasses approximately two acres. Additionally, considering the physical state of the existing Roost Lodge, the proposal will have a significant, positive effect on the character of the neighborhood because it will be a brand new, aesthetically pleasing structure placed on a well landscaped site. The applicant is required to mitigate any potential negative impacts the proposal may have on the community, and through appropriate conditions of approval, this shall be accomplished. The applicant will need to address the subject of public art and agree with the Commission on a reasonable approach to address this issue. Finally, as it relates to this criterion, the character of the neighborhood is also defined by its location on the North Frontage Road and proximity to I-70 and staff has determined this proposal fits into the character of its neighborhood. 3. That the proposal substantially complies with other applicable elements of the Wail Comprehensive Plan. Staff Response: The Vail Comprehensive Plan identifies this area as part of the Medium Density Residential land use designation, which is fully detailed in Section • IV of this memorandum. The Vail Comprehensive Plan defines Medium Density Residential, in part, with the following language: "Densities in this category would range from 3 to 14 dwelling units per buildable acre." The subject property is approximately two acres and the proposal calls for a total of 28 dwelling units. Likewise, the land use plan designation contemplates "sites for housing which would typically be designed as attached units with common walls." The proposal is designed with dwelling units sharing common walls, hallways, and amenities. With regard to these pertinent, applicable elements of the Vail Comprehensive Plan, staff believes the proposal conforms to this criterion. The criteria contained in certain development standards of the PA-2 zone district must also be considered herein. Section 12-7J-6, Setbacks, contains the following pertinent language: "At the drscretion 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 fol/owing criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geological/y sensitive areas • and other environmental/y sensitive areas. 10 • 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 othenvise be achieved by conformance with prescribed sefback standards." As noted in Section VI of this memorandum, the setback from the west property line is proposed to be fifteen feet (15) on the ground level only, due to a stairwell enclosure protruding from the building's exterior on the ground level. Staff believes the applicant's proposal demonstrates compliance with the criteria listed above. Also germane in this context is Section 12-7J-14, Mitigation of Development impacts, which states the following: . "The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the p/anning and environmental commission in review of deve/opment projects and conditional use permits." The applicants have agreed to construct the ten foot (10') wide bike path in • front of their property as shown on the Site Plan (Attachment D) and are amenable to working with Art in Public Places (AIPP) to develop a plan to provide public art on and around the development site. IX. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of, a major exterior alteration, pursuant to Section 12-7J-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the demolition of the existing Roost Lodge and the development of the proposed Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision and setting forth details in regard thereto. The recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, subject to the following conditions of approval: 1. The Town of Vail General Notes shall be added. , 2. The Utility Signature block will only be required on the title page and shall have all utilities signatures. 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, where necessary. Recorded easements will be required prior to construction, where • necessary. 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... 11 6. A ROW/Utility 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. General approval from CDOT will be required prior to Civil plan set approval. This will also include a CDOT Access Permit. 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. Provide engineered stamped final drainage report, pavement design report, and geotechnical report. 10. The S. Frontage Rd. improvements shown shall include necessary lighting/irrigation/signage. 11. An easement shall 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 5' buffer area for snow storage and guardrail. 12. Provide Art In Public Places contribution, coordinate with AIPP. 13. 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 easement should be widened to accommodate the walk • plus a 2' buffer and also be named as a general utility, drainage, pedestrian access easement. 14. 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. 15. Construction details shown shall meet Town standards (i.e. 4,000 psi concrete with fiber mesh, sidewalk detail shall be 6" concrete on 6" base, additional detailed comments to follow during Civil Plan review) 16. As per Town Code the first 30' of each access shall not exceed a grade of 4%, this may be addressed at Civil review. 17. A 1.5" asphalt overlay will be required for the extents of the S. Frontage Rd. improvements. 18. The current S. Frontage Rd improvements show a 6' asphalt shoulder on the north side, unless specifically required by CDOT, the Town would like to see that narrowed to 4'. 19. The proposed landscape plan seems very aggressive, the density of . evergreen trees, may be unrealistic and will have to be moved further back from the proposed public walks so they do not become a maintenance issue. 20. The developer shall be assessed a traffic impact fee of $6500 per net increase peak hour vehicular trip. Portions of this fee may be offset by traffic improvements made to the S. Frontage Rd. to specifically include S. Frontage Rd. roadway widening, S. Frontage Rd. sidewalk improvements, and the construction of a Transit stop. The traffic analysis dated 7/20/06 indicates that the net increase in peak hour vehicular trips is 30; therefore a fee of • $195,000 shall be assessed. 21. The developer shall work with town staff and the Design Review Board to incorporate the trash dumpster enclosure into the proposal in a manner which 12 • is not visible on the exterior of the building prior to a final approval from the Design Review Board. 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 that the proposed major exterior alteration is in compliance with the purposes of the Public Accommodation -2 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. Further, pursuant to Sections 12 -7J -6 though 12 -7J- 11, Development Standards, the Planning and Environmental Commission finds the application to be in compliance with the purpose and intent of the Public Accommodation -2 development standards." X. ATTACHMENTS • Attachment A: Vicinity Map Attachment B: Letter from Tom Kassmel, dated July 26, 2006 Attachment C: Letter from Applicant's Representative, dated August 8, 2006 Attachment D: Reduced set of Development Plans • 13 Attachment: A ~y k tk ~-t~ pf `L C. ~y"~, q•i ` ~'S~~ i~1y°~„` { ?Ifi \ L 'T~ YI`p' ~ ~ M w `W~ \ Tu y ~ Yi'~~1~p y'. y . ~ ~ ~h~ ~^+F' ~ ~i~ q~~4 ~ . Wk w z. njt~w-W: 44 x 1 kLk'~yir~fXy~.~.y~~ ~k~ ~ 'N'` i.. ~ ~V~ ~ ~*h ~ 1`` t```~~` ~ Y k ' ~ i s 1 ^a~ ._1.4L ~d~11~, 1w 1+r5 t' 1w,~a1~ ~y~R7~ ~ 2 • M tw, lJ ~ ~ ~ ~ `4)N O 3T~~~ .4~+R y1rhkl f~ ~pfiy~+ ~ F' ~ P . 4LYr[' ~i~ r~~~~F. V ~ ~ CN ~ wYN r~Ti ~ , 4 ~ t . r J ~ r 1~ ~ 4E ? ~ o i"IY~ r e ~ ~Sty~ • ~ r- ~~Ci}~,~~ ~jF~e ~'q~~A ~.~i,' ~ ' ~`nir, v~r~~ " ~ ~ ~ ~ ~e ~ 4~ "~'~''ti r~'~"t ~x ' ° ; ~ ~ q ~ ~ ~ y~ ~ y~~'` ` ~ `ki (V'°R A 1} ~ r 4~, + ym p ~ ~ 5 ~ =3 r~ ~ ~ ~.r~ y,'K,,•A'^ 1 f~~ ~ 0.~ ~ t:4 ~ ~ * .y~hy(, ~fi.r 3 w ~ ~ ,~~A ry'~ ~ti~}r`A V O M ~C/) . y. k~ + ~ J~~ + ~ , ~tP ~ ~ t"'A, : ` O ~ f X ~ L r~~~"~ • y ~'E-:,~; ~w~~ h~ a~'~i~'~ lg .R~~~P+,~ , . . " " `A - y G b k~ ~ + F 0) ~h ~r ~ ~ ~ ~ ~ , " ~ ~ 10'~'~ 4~r • ~ ? .w"~, ~ J} ~ I • ~ ~ ~ ~ . ~ A~'' r ~ 7 s ~ . ~ ~T R cV t w ~ ' ~ ' ~ ; ~ ~ u ~ i • . . ~ y~~~• ~Y~ - " y~r os w~ r~ f~, tq~ r. t , ~r '1,j 7` z ' 'Y~~I ~ '~f' i . ~ ~ ~ • • ; ~ i 74o~w . ~F AV"* 1 , m .y. ~ 4 ~ ~ ~ aSya w~, ~M1~ ~ ~ ~ ~ tMr••~ x \ Q ~ Attachment: 6 • i 1J Mauriello Planning Group August 8, 200G Planning and Environmental Commission c/o Matt Gennett, AICP Senior Planner Town of Vail 75 South Frontage Road Vail, Colorado 81 657 Re: Timber4ine Lodge Project Dear Matt: This letter 15 intended to address the 155ue5 raised by the staff inemorandum to • the Planning Environmental Commission dated June 12, 2006. Along with this letter, the applicant has provided revi5ed plans for the T,mberline Lodge that addre5s the submittal requirement5 and the additional comments provided by the Town 5taff. 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: 7he proposed Timberline Lodge is in compliance with the purposes of the ~ PA-2 zone district. The 51te is bemg developed as a Iimited service lodge and other re5idential accommodations in the periphery of the Town outside the bonshead and Vail Village core areas. The proposed facility 15 intended to primarily serve visitors to the Town of Vail. The proposed project is in compliance with the development 5tandards of the PA-2 zone district which have been established to provide for adecluate light, air, open space, and other amenities commensurate with limited service lodge faalities. The proposed plans therefore provide for adectuate light, air, and open space. The table below demon5trate5 the projects conformance with the standards of the zone district. • Dominic . . • 0 Office ,970.748.0920 ~b70 7,48 Q377 970 . i~ • Development 5tandard Allowed/Re!~uired Proposed Lot Area: 10,000 s.f. 86,597 s.f. Density: 49 units 28 units Employee hlousing: 3 beds 3 unit5 Hotel Rooms: Unlimited 10 1 units GRFA: 1 29,896 s.f. 75,842 s.f. 70/30 split (AU): 7 I,560.3 s.f. 53,097 s.f. Building height: 48' 48' Site Coverage: 56,288 s.f. (65(7o) 44,376 s.f. (5 I.2%)* Landscape Area: 25,979 s.f. (30%) 38,698 s.f. (44.67o) Parking: 127 spaces I 69 spaces Loadjng: I 'berth I berth Notes: 'Underground parking mcluded m 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 prop05al has significant positwe effects on the character of the neighborhood. We recognize that there will be some actual and perceived • ~ negative impacts to individual properties (such a5 Impacts to private views and increased traffic on the North Frontage Road). Below is a I15t of positive and I negative changes to the area that will occur with construction of this project. • 2 • Positive {mpacts of Project Negative impacts of Project Comments Improved aesthetIcs due improved Partial change of view to View of highway and North architectural quality of structure adjacent neighbors Frontage Road are the rimary views im acted , Improved fire and life safety of Increased Traffic on South Traffic mitigated by new structure - Reduced Fire Danger Frontage Road left turn lane. No access to Neighborhood off of Meadow Ridge Road ro osed. Reduced light pollution and Additional shading of Meadow 95% of parking located aesthetics due to significant Ridge Road underground reduction in surface parking Road easement and additional snow storage rovided to Town Improved aesthetics due to increase in landsca in Noise Reduction from I-70 due to 6uildin6j partially blocks presence of new structure views to and noise from I- 70 and Fronta e roads Improved pedestrian access from Meadow Ridge Road with paved walk for use by entire nei hborhood New 6u5 Sto and Shelter • Improved pedestrian accessibility due to new 51dewalk on North Fronta e 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 nei hbors Improved aesthettcs and reduced noise due to locating loading and delwery directly in front building out of view of nei hborhood I mproved aesthetics due to the burying of overhead power lines adjacent to the property and to I immediate nei hbors Increase in additional hotel rooms Lodging tax will increase within the Town of Vail from this property due to increase in hotel rooms bein provided Improved traff~c circulation due to Improves traffic flow for new left turn lane neighbors travelin9 on ~ North Fronta e Road 3 ' • 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 building5 with frontage on the North Frontage Road including: Middle Creek; Sun Vail; Vail Run; 51mba Run; Savoy Villas; and Timber Ridge to name a few. Many of these buildings are (ocated in areas with low 6en5tty residential development. The proposed Timberline Lodge project is consistent with the character of development along I the North Frontage Road. ' We believe I15t of p051tive impacts to the character of the neighborhood versus negative 1mFact5 shown above clearly demonstrate that not only does the project not have a"s1gniftcant" negative effect on the neighborhood, that on whole there 15 a net positive effect on the character of the neighborhood. The project also comP11e5 with the relevant elements of the Vail Comprehen51ve Plan including policies I. I, 1 .3, 2, 3. I, 3.3, 3.4, 5. 5.3, 5.4, 5.5. The Vail Land Use Plan recognlzes the existing zon+ng on the property as controlling the den51ty and land uses. The project is con5i5tent with the Town's Stated goal of increasing hotel beds within the Town. Setbacks: • With respect to section I 2-7J-6: Setbacks, the propo5ed plan complies with or exceeds the stated standard of 20' except for a 4' one-story encroachment on the west side of the building which accommodates a stairway exit. The prop05ed project demonstrates compliance with the followmg criteria used to evaluate deviations from the 20' setback. The cr,teria are addressed below: A. Proposed building setbacks prov,de necessary 5eparation between buildings and riparian areas, geologically sensitive areas and other environmentally senslbve areas. AnalY515 •The proposed setback deurations allow the appropriate separation between bu11d1ng5. There are no riparian areas or 9eo%g1cally5en3l ty vif areas in c%se proximity to the property. • 4 . . • B. Proposed building setbacks will provide adecluate availability of light, air and open space. AnalYsis •The proposed encroachments do not detract from the aua11ab1lity of light, air and open space given the limited encroachment being soLlght and the limlted height of the encroachment. C. Proposed. building setbacks wlll provide a compatible relationship with buiidings and uses on adjacent properties. Analysis: The encroachment of the west 51de of the bulldlng of 4' for one-story provides an archltectural e%ment to the west e%vation of the buildlng and due to landscape cover wlll be relatlvely lmperceptlble to uses on the adyolning parcel. D. Proposed building setbacks will result in creative de51gn solutions or other public benefits that could not otherw,se be ach,eved by conformance with • prescribed setback 5tandard5. Analys1s: The proposed encroachments allow for creatlve desrgn solutlons to the archltecture of the bwlding wlthout arb1traoly fol%wlng a continuous setback. Density Control (GRFA): With respect to section I 2-7J-8: Density Control, the proJect 15 being developed well below the standard stated in thI5 section which allows for 150 5cl,uare feet of GRFA for each 100 sctuare feet of buildable site area. The code allows up to I 29,896 scI. ft. ( I 50%). Of th15 total, only 75,842 scl. ft. or 89% of land area is being proposed. There 15 no additional direction found in the Vail Comprehensive Plan with regard to GRFA and the project therefore complies with the PA-2 zone and 15 consistent with the Vail Comprehen51ve Plan. • 5 • Site Coverage: With respect to section I 2-7J-9: 51te Coverage, the project is being developed at a 51te coverage of 5 1 .2% which is below the stated standard of 65%. Since the site 15 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. Landscape Area: With respect to section I 2-7J- 10: Landscaping and 51te Development, the project is being developed with a total landscape area of 44.6% which is in excess of the minimum requirement of 30%. Since the site is being developed in compliance with the prescribed standard and there 15 no additional direction found in the Vail Comprehensive Plan, the project 15 in compliance with PA-2 Zone D15trict and the Vail Comprehen5ive Plan. If you have any cluestions, please feel free to call me. S1ncerely, I Dominic F. Mauriello, AICP • I Prinapal • 6 i Attachment; C ~ . ~ OWN0F Y.~ ' Department ofPublic Works & Transportation 1309 Elkhorn Drive Vail, CO 81657 . 970-479-2158 Fcrx: 970-479-2166 www. vailgov. com MEMO To: Matt Gennett From: Tom Kassmel, Town Engineer Re: Timberline Roost Lodge Redevelopment Date: 07/26/06 The Town of Vail Public Works Department has received and reviewed the Timberline Roost Lodge Redevelopment submittal dated and received 7/17/06 and the Traffic Impact Analysis dated 7/20/06. The following should be conditions of final PEC approval. Conditions of Approval • 1. The Town of Vail General Notes shall be added. 2. The Utility Signature block will only be required on the title page and shall have all utilities signatures. 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, where necessary. Recorded easements will be required prior to construction, where necessary. 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/Utility 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. General approval from CDOT will be required prior to Civil plan set approval. This will also include a CDOT Access Permit. 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. Provide engineered stamped final drainage report, pavement design report, and geotechnical report. 10. The S. Frontage Rd. improvements shown shall include necessary lighting/irrigation/signage. 11. An easement shall 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 5' buffer area for snow storage and guardrail. 12. Provide Art In Public Places contribution, coordinate with AIPP. 13. The pedestrian connection between the bus stop and Meadow Ridge Rd. shall be wrthin a dedicated , Public access easement. This can be dedicated in conjunction with the drainage easement in this area, however the 10' proposed drainage easement should be widened to accommodate the walk plus a 2' buffer and also be named as a general utility, drainage, pedestrian access easement. • 14. 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. 15. Construction details shown shall meet Town standards (i.e. 4,000 psi concrete with fiber mesh, sidewalk detail shall be 6" concrete on 6" base, additional detailed comments to follow during Civil Plan review) 16. As per Town Code the first 30' of each access shall not exceed a grade of 4%, this may be addressed at Civil review. 17. A 1.5" asphalt overlay will be required for the extents of the S. Frontage Rd. improvements. 18. The current S. Frontage Rd improvements show a 6' asphalt shoulder on the north side, unless specifically required by CDOT, the Town would like to see that narrowed to 4'. 19. The proposed landscape plan seems very aggressive, the density of evergreen trees, may be unrealistic and will have to be moved further back from the proposed public walks so they do not become a maintenance issue. 20. The developer shall be assessed a traffic impact fee of $6500 per net increase peak hour vehicular trip. Portions of this fee may be offset by traffic improvements made to the S. Frontage Rd. to specifically include S. Frontage Rd. roadway widening, S. Frontage Rd. sidewalk improvements, and the construction of a Transit stop. 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Q 1 a rc N ~ w 6 ~ m I`=~ ^Wv~i 1 i~z Nz ZD ~ ~ N w ¢ Z 3~ f-' = tt w K w~ Z z z N~jF y m j Qm m G i/~ yww I x ww oino G°w '"P ^oZ a°z o~ wL- ~noi ~ v_~ Z~o O Z FOa N ~ 3 4 a ~ ~ N O ~ / ~ ~ • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 14, 2006 SUBJECT: A request for final review of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow #or the stabilization of the Gore Creek stream bank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. (PEC06- 0050) Applicant: Town of Vail, represented by Gregg Barrie Planner: Bill Gibson 1. SUMMARY The applicant, Town of Vail, is requesting approval of a floodplain modification request, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow • for modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. At its July 24, 2006, public hearing, the Planning and Environmental Commission approved the applicant's request for floodplain modifications to allow for the stabilization of the Gore Creek stream bank. Due to a split vote of 3 in favor and 3 against, the Commission chose to table the applicant's request for a floodplain modification to allow for enhancements to the White Water Park. !t is Planning and Environmental Commission's role to review the floodplain modification element of this project. It is the Town Council's role to evaluate the use of public land, the use of public funds, and all other public policies related to this project. The review of design and aesthetic is the role of the Design Review Board. Based upon Staff's review of the criteria in Section VI of this memorandum and I the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approves, with I conditions, the requested floodplain modification, subject to the findings noted in Section VII of this memorandum. I I • 1 I II. DESCRIPTION OF REQUEST • The applicant, Town of Vail, is requesting approval of a floodplain modification request, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. A vicinity map has been attached for reference (see Attachment A). The existing Vail White Water Park is located east of Willow Bridge Road and to ~ the north of the Gore Creek Promenade. The applicant is requesting approval of i enhancements to the creek's hydraulics for recreation (i.e. kayaking) by attaching black, rubber inflatable bladders to the top-side of the under-water concrete , bridge abutment slab directly below the Pedestrian Bridge. These inflatable ~ bladders can be inflated to varying degrees to direct the flow of Gore Creek toward the center of the channel and to create a larger wave feature. The bladders will be inflated by an air compressor to be located in a below-grade vault behind (i.e. north) of the existing retaining wall along the north Pedestrian Bridge sidewalk. The bladders will be deflated during normal conditions, but inflated to one of several settings for events such as the Teva Mountain Games. The bladders will typically be manually inflated and deflated; however, an automatic shut-off will be linked to an upstream river stage sensor as a back-up to ensure the bladders are deflated in the event of high water flows. Since the proposed bladders will be deflated, eithgr manually or automatically, in the event • of high water flows; the bladders will have no effect on the 100-year ilood plain elevation or on adjacent properties during a flood event. The applicant's request (Attachment B) and the proposed engineering drawings (Attachment C) have been attached for reference. III. BACKGROUND On May 8, 2000, the Planning and Environmental Commission granted approval of a floodplain modification request by the Vail Valley Tourism and Convention Bureau and Town of Vail to create the Vail White Water Park located within Gore Creek ad}'acent to the International Bridge and the Gore Creek Promenade. ' On July 18, 2006, the Vail Town Council approved funding for the construction of this project. On July 24, 2006, the Planning and Environmental Commission approved the floodplain modification to allow for stabilization of the Gore Creek streambank by a vote of 5-1 (Cleveland opposed). Also on July 24, 2006, the Planning and Environmental Commission tabled the applicant's request for a floodplain modificatian to allow for enhancements to the White Water Park, due to a split vote of 3 for (Bernhardt, Gunion, and Pierce) and 3 against (Cahill, Cleveland, and Jewitt). Commissioners Cleveland and Cahill noted concerns about the aesthetics of the proposal, and Commissioner Jewitt noted concerns that FEMA • had not yet formally adopted the updated floodplain insurance maps. 2 • IV. ROLES OF REVIEWING BODIES Planninq and Environmental Commission_ The Planning and Environmental Commission is responsible for final approval, approval with conditions, or denia{ of a floodplain modification application. The Commission has no review authority over the related design review application, the use of public lands, the use of public funds, or other public policy decisions related to this proposal. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zonina Requlations (Title 12, Vail Town Code) Section 12-21-10E, HAZARD REGULATIONS, DEVELOPMENT RESTRICTED (in part) E. The Administrator may require any applicant or person desiring to modify the flood p/ain by fill, construcfion, channelization, grading, or ofher similar changes, to submit for review an environmental impact statement in accordance with Chapter 12 of this Tit/e, to establish that the work will not adversely affect adjacent properties, or increase the quantity or ve/ocity of f/ood waters. Town of Vail Development Standards Handbook (Title 14, Vail Town Code) ~ Chapter 14-6, GRADING STANDARDS (in part) Floodplain Standards: No grading is permitted in the 100-year floodplain without Planning and Environmental Commission approval. If an applicant wishes to grade into the 100-year floodplain, an environmental impact report is required. The environmental impact report shall include impacts to vegetation, riparian areas, . appropriate hydraulic engineering calculations to show no increase in water surface profile and ve/ocity, as well as stating that there will be no adverse impacts to adjacent properties. No permanent improvements shall be constructed within 1' of the floodp/ain line. The floodplain line shall be determined by a registered professional land surveyor by plotting the appropriate elevation of the floodplain on a maximum 1"-20' topographic 2' contour map using the adopted Town of Vail flood profiles (the Federal Emergency Management Agency Flood Insurance Study). The topographic survey shall reveal the method for determining the starting point and the sfarting elevation for the floodplain delineafion. A site specific study performed by a Professional Engineer per FEMA guidelines and approved by the Town of Vail and FEMA may be required. VI. CRITERIA AND FINDINGS Floodplain Modification i A. The Planninq and Environmental Commission shall consider the followinq criteria when reviewinq an application for a modification to the floodp{ain: 3 1. The proposed floodplain modification will not increase the • quantity or velocity of flood waters. The technical analysis prepared by River Restoration.Org, LLC (Attachment B, Exhibit 2) and the Town of Vail Floodplain Coordinator's analysis (Attachment B, Exhibit 6) find that there will be no adverse impacts to adjacent properties or measurable increase in the quantity or velocity of flood waters. 2. The proposed floodplain modification will not adversely affect adjacent properties. The technical analysis prepared by River Restoration.Org, LLC (Attachment B, Exhibit 2) and the Town of Vail Floodpfain Coordinator's analysis (Attachment B, Exhibit 6) find that there will be no adverse impacts to adjacent properties or measurable increase in the quantity or velocity of flood waters. 3. Such other factors and criteria as the commission deems applicable to the proposed floodplain modification. On May 8, 2000, the Planning and Environmental Commission granted approval of a floodplain modification request by the Vail ~ Valley Tourism and Convention Bureau and Town of Vail to create the Vail white water park located within Gore Creek adjacent to the International Bridge and the Gore Creek Promenade. This proposal would allow for the enhancement (i.e. hydraulic modifications created by inflatable bladders) of the existing Vail White Water Park. On July 18, 2006, the Vail Town Council approved funding for the construction of this project. B. The Planninq and Environmental Commission shall make the followinq findinas before approvinq a floodqlain modification: 1. The proposed floodplain modification will not increase the quantity or velocity of flood waters. 2. The proposed floodplain modification will not adversely affect adjacent properties. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, a floodplain modification request, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, • (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. This recommendation is based upon the 4 • review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this request; the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicants' request for floodplain modifications, pursuant to Chapfer 14-6, Grading Standards, Vai! Town Code, to allow for modifications to the Town of Vail White Water Park, in the Gore Creek f/oodplain, /ocated at Tract l, B/ock 5E, Vail Village Filing 1, (generally located east of the International Bridge on Wrllow Bridge Road), and setting forth details in regard thereto, subject to the following conditions: 1. Prior to construction, the applicant shall comply with the requirements of all applicable local, state, and federal permits and approvals. 2. Prior to construction, the applicant shall coordinate a/l grading associated with this proposa/ with the State of Colorado Division of Wildlife to ensure the protection of fish and other aquatic species. 3. All improvements/modifications sha/l comply with the study • completed by River Restoration.Org dated July 13, 2006. 4. Within 30 days of completion of the improvements/modifications within the 100-year floodplain, the applicant shall obtain Town of Vail approval of an as-built survey demonstrating that the modified 100-year floodplain was modified in accordance with this approval. Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. The proposed floodplain modification will not increase the quantity or velocity of flood waters, based upon the technical analysis prepared by River Restoration.Org, LLC dated July 13, 2006 and analysis by the Town of Vail Floodplain Coordinator. 2. The proposed floodplain modification will not adversely affect adjacent properties, based upon the technical analysis prepared by River Restoration.Org, LLC dated Ju/y 13, 2006 and analysis by the , Town of Vail Floodplain Coordinator. , 3. The proposed floodplain modification will not have an adverse affect on the environment, based upon the technical analysis • prepared by River Restoration.Org, LLC dated July 13, 2006 and analysis by the Town of Vail F/oodp/ain Coordinator. " 5 VIII. ATTACHMENTS • A. Vicinity Map B. Applicant's Request 1 Exhibit 1: Site Pian 2 Exhibit 2: Hydraulic Study 3 Exhibit 3: Photos of existing site 4 Exhibit 4: Photos of deflated and inflated systems 5 Exhibit 5: Environmental Impact Report 6 Exhibit 6: Letter from Floodplain Administrator C. Engineering Drawings D. Public Notice ~ • 6 r 3 Attachment: A ~ ?~J'f ~ ff A Y k m 7''~ }f ~ . 4# 4w ~ ~ I~ ~P ~'r, ' ~ i +~'ir ~t, ~ x' ' ~ . 1- )k VA a cD O oe ~ >1 f5 t x ~ ~ ~ 0 { Illr p~ r ~ ~ . , , ~it., .1~_ j o ~ , . ~ O i . . ~ - LL1 ,t C13 ~I F^ . ~ a. • r, ~ . . t X~ },~~~y~.]'+ ~,y tl,q ;w y it t Y ~ W. ~ _ ~"Mr=':, . ~ ~ . , ~ ~y •yLiF~ ~.~,..~,a ~ ~7. . . , , . r ~ ? ~ ~ . 61, , ~ ~ b ~ y , ~ ~ ' y A~ ~ • ~ ~ ~ ~ . R`I" Attachment: B MEMORANDUM • TO: Planning and Environmental Commission FROM: Department of Public Works DATE: July 24, 2006 SUBJECT: Gore Creek Promenade Whitewater Park Enhancements Backqround • The Vail Whitewater Park was originaily constructed in the fall of 2000, with the expectations that there would be "tweaks" required to the whitewater features to achieve their full recreational potential. • The park consists of three natural boulder whitewater features. The feature located between the International Bridge and the pedestrian bridge is used during the Teva Mountain Games as a"main event" rodeo hole due to its prominent location in Vail Village, enjoying national television coverage. In addition, boaters often stop and play in this lower feature as they kayak down Gore Creek. However, the park has not been a"destination" park as originally anticipated. • Each year since 2000, with the exception of 2005, alterations to the park have been • budgeted. However, the pending revision of the FEMA Flood Insurance Rate Maps (`Floodplain Maps') has prevented any work due to changes to the Base Flood Elevation (100-year Floodplain or `Floodplain Elevation') in this area. • Now that the `Floodplain Maps' are nearing completion, the Town has hired a consultant to assist with the design of potential alterations to the park. The consultant performed hydraulic modeling work on this stretch of Gore Creek, and a synopsis of their findings is shown below. Note that final adoption of the new 'Floodplain Maps' is likely 12+ months away. Enqineerinq Recommendations • The new 'Floodplain Maps' show that the revised Floodplain Elevation is actually higher than the finished floor elevation of the ground floor of Village Center Building A. This is not a result of the construction of the original park, since the new `Floodplain Maps' are based on pre-water park topography. Fortunately for Building A, there is a small berm that separates the creek from the building, therefore FEMA considers that Building A is not in the floodplain, however, less than 7" separates the top of the berm and the `Floodplain Elevation'. • Without getting into significant detail, the consultant does not recommend major ph.ysical changes to the river, such as reconstructing the existing features, without mitigation to protect Building A from potential flooding. Mitigation techniques could include a three foot tall flood wall or significantly increasing the berm size, neither of which are likely to be endorsed by Village Center. • • Adiustable Feature • The idea of a removable or adjustable feature was first discussed several years ago by Staff as a way to enhance the recreational experience of Vail's Whitewater feature while reducing or eliminating the flood hazard that a traditional feature may create. • The concept is that the feature becomes non-existent during extremely high flows or in the possibility of flooding. • The proposed feature would consist of eight (8) inflatable rubber bladders attached to the existing concrete slab located beneath the pedestrian bridge. The bladders are inflated as needed to focus the flow of Gore Creek towards the center of the river and enhance the wave created by the existing boulder whitewater feature. • When deflated, the bladders are less than 3" tall, and staggered across the existing concrete slab. Hydraulic models indicate that these cause no impacts to the floodplain elevation. ' Proiect Rationale This proposal is the only option for significant enhancement to the recreational experience of the park because of concerns about raising the 100-Year Floodplain. However, there are multiple benefits to the "adjustable feature". A. 100-Year Floodplain • Installing permanent boulder features that improve the whitewater recreation experience of the park will raise the 100-Year Floodplain elevation. • • That increase could impact adjacent property. • Installation of inflatable bladders allows the feature to "disappear" during high flows, thus eliminating the increase in floodplain elevation. B. Project Benefits • Adjustable nature of bladders allows variation of wave shape and size • System can be controlled to optimize the feature for variable river flows • Can adjust the wave for scheduled "expert" or "amateur" competitions • Low maintenance costs once insta4led vs. natural boulder features • System is programmed to deflate in the event of unexpected high flows • With the construction of the Avon Whitewater Park and other parks across the country, this feature may ensure the continuation of the Teva Games in Vail • High visibility for locals and guests • May return Vail's park to "destination" status • Possibility to hold kayaking teaching clinics • Could add a"web cam" of the park to the Town of Vail website showing the park and providing links to current flow volumes C. Project Disadvantages • As with natural boulder features, there is no guarantee of "the perfect whitewater feature". • Expense: substantial cost with no guarantee. However, this also applies to natural boulder features. ~ i Kev Concerns • A. Success • Basic hydraulic engineering supports the concept of focusing the flow. In addition, the general idea has been successfully tested in this location during the Teva Games in 2003. • The engineering concept behind this feature is to increase the velocity of flow across the existing concrete slab, up to 25 percent for recreational flows. • The new technology behind today's freestyle kayaks is termed a"planing hull". Planing hulls have a flat bottom, and when the boat is given some speed, the hull skims to the surface, allowing the boat to spin and the paddler to perform tricks. • Therefore, by increasing the velocity in this feature, the recreational experience for Vail's park is enhanced. •!n addition, because of the adjustability of the proposal, the whitewater feature can advance with the sport. B. Safety • Six of the eight bladders are simply rubber structures that pose no safety concern. • The two center bladders on the downstream edge will have narrow steel plates to enhance the adjustability of the wave. However, these plates will have rounded corners and a rubber bumper attached to the edge. In addition, they will be in the deepest part of the channel so potential contact is minimal. There are no edges to get hooked on and no corners to imPact. • These features would not be considered any different from the general hazards inherent to whitewater activities or other use of the river. ~ C. Aesthetics • • The bladders would be attached to the existing concrete slab and, for the most part, located beneath the pedestrian bridge. They will be black in color and would likely be covered in algae as is the concrete slab. ~ • When deflated, they will be visually insignificant. They would create ripples during the low flows of the late fall and winter months. I • When inflated, the bladders would be submerged during high water. During lower flows in July and August, when the park is in operation, the outer bladders would be visible above the water line. • The bladders will always be deflated at night. D. Operations • The current proposal includes the installation of a"PLC" which is a computerized control system. It operates the system at programmed times. In addition, it can be programmed to adjust to varying water levels and for desired wave shapes and sizes. • Programming the system would be a"trial and error" process and would take a season or two to fine-tune. • The proposal includes an upstream sensor that would deflate the system automatically in the event of potentially damaging floodwaters. • Staff is recommending the formation of a whitewater park "operating committee" comprised of local boaters, fishermen, business owners, etc. as well as a Town staff member to establish the operating guidelines and to program the system. This was successful when the park was first constructed and many of the same members have • expressed interest again. ~ Purpose of the Work The purpose of the work is to enhance the recreational experience of Vail's existing whitewater park. Proposed Work The town proposes to attach 8 rubber bladders to an existing concrete slab using stainless steel anchor bolts. The bladders will be operated using stainless steel air supply lines connected to a computerized control system located above the stream bank. All work will be completed per US Army Corps of Engineers specifications, which will include comments from the Colorado Division of Wildlife. Best Management Practices will be utilized to minimize sedimentation and turbid water conditions during construction. A copy of the sediment control plan is attached. Extent of Impacts The quantity of fill below the level of the 100 year floodplain elevation will be 1.67 cubic yards when the bladders are deflated. This is spread over an area of 768 square feet (the existing concrete slab). As noted above, the hydraulic model indicates that there is no impact to the 100-Year Flood elevation. The system will not be operated during potentially damaging flows and as noted an automatic override will deflate the system if unanticipated high flows are encountered. Wetland Issues No wetlands will be impacted or disturbed as part of this proposal. . Excavated Materials The only excavated materials will be concrete drilling spoils from the anchor bolt holes and sawcuts for the air supply lines. Because the work will occur on a dry concrete slab, all spoils can be vacuumed up and properly disposed of. Attached Exhibits Exhibit 1: Site Plan Exhibit 2: Hydraulic study Exhibit 3: Photos of the existing site Exhibit 4: Photo examples of deflated and inflated systems Exhibit 5: Environmental Impact Assessment Exhibit 6: Letter from Floodplain Administrator ~ ~ • g ~ m # - ~ • ~ Ma'Aaqis dn asoo ~ o y U 90/SI/9 SUOI~L'~I~I~JOW ~ ~ o Jaq0rnaqiHM I'eA ~ i m~ 1 g~~ ! i 1 t ~ ll . ' ` o n Ln m a . = 1 U~ w p c ~cn y o o Q \ v wU. . p ~ o U • ~ N = o a u /i • ~ v) ' Q U . . . i . Z ~ J > J C,' L3 N ~ a. a a, o a•~o X . • Q x . d ~ a~.~. -j w ILn K I O~, , J`\ Q~ D i m v ~ a z ~ , ~ ~ . Q U • 2 N C m \ . ' iu , a n o Q w + ~ C) O ~ O ~It 0.. ' ~,W W a ~i o'o o¢ 1 , a z, m ~ o ~ ~ a w . ' , , ~ \ ~ f~ ~ • , m ~ . : ~ yl.. X... . . x o o . N W ~ h ~RVIS~ O p 0] 0 , O } C I- . 1 . ~ 1 ! , • 3 iO + \ i~.. p j ; -o . % -0~ j l0 ~ ~ . FfVvP~r . N ~ (Zil 7 / ..i . . . N:~~ ~ ~ " ~ ' ~ ~ : , ~ ~ i , l Ln U rn p o ! ~ w O tn , . 1 W > _ , 1 g , > Y ~ , ,a , La W~ O Y ~ r I . X V)^ ~N' ~ n t ~ O Q CL 1 cn O C O , . . C O ~ p p ~.a ° ~ < ~ (U w > 0 N m N W LL 4 7. i.. r- I I Ln a m a ~N , ° ~ o •o o a Ln ° i - •..r/~_..._ ~ z Q o Q c s < • ~ ~ Juh I 2006 IvER ~ . ~ Pll Nuz UZI_'i.(llcm~oul C~ninp.l uluradn h10(i'_.1`)?U19d? ~~~h1 July 13, 2006 Mr. Tom Kassmel Town of Vail 75 S. Frontage Road, Vail, CO 81657 (970) 479-2235 RE: Vail Whitewater Park Enhancements, Floodplain Compliance Dear Tom, ~ Proposed recreation enhancements at the Vail Whitewater Park include in-channel modifications to hydraulics for enhanced recreational whitewater experiences. This letter is to discuss how the proposed modifications comply with Town of Vail and Federal floodplain development guidelines. TOV: 12-21-10: DEVELOPMENT RESTRICTED: (E) The Administrator may require any applicant or person desiring to modify the flood plain by fill, ' construction, channelization, grading, or other similar changes, to submit for • review an environmental impact statement in accordance with Chapter 12 of this Title, to establish that the work will not adversely affect adjacent properties, or increase the quantity or velocity of flood waters. (Ord. 16(1983) § 1: Ord. 12(1978) § 4) Existine Conditions The feasibility of enhancing recreation without increasing the Base Flood Elevations (BFEs) is shown herein through 1-dimensional step backwater modeling. This analysis is based on a HEC-RAS floodplain model supplied by the Town of Vail. The established floodplain geometry is "Imported Geom Olmbjrevised" and the associated "100 Year Discharge" is the steady flow data. However, the floodplain geometry is not detailed enough to represent the potential impacts to the Base Flood Elevations. A very low berm, separating a building on the right (north) over bank and Gore Creek, was identified by Peak Land Consultants with field survey in 2001. It is estimated that the berm has insufficient flood freeboard. This berm was not resolved in the FEMA flood studies; however, the berm freeboard does not comply with the levee requirements of FEMA under Paragraph 65.10 NIFP Regulations (3 feet of freeboard minimum). The right (north) berm is at elevation 8156.71 feet and the building floor elevation is 8155.1 feet. • 1 of 4 _ I Julv 1~.2UU6 ~ IVER ~ . • • ~Sh1 N I Ru~ U'_I ?i.l l.:mwrod ~I)rim~,. ~ ulur.idn vihli'_ 1 Q"i.r1 04' The previous FEMA FIS dated November 2, 1982 shows a cross section named AC at approximately 225 feet upstream of the Pedestrian Bridge that is coincident with the low berm and represents a wide section of Gore Creek between two entrenched and narrow sections. This cross section (AC) is missing from the 2005 FEMA floodplain model. In a desire to better represent the channel hydraulics near the low berm, a cross section (RS 157.666) was added to the 2005 model, 225 feet upstream of the Pedestrian Bridge, with interpolated floodplain and channel detail based on the Peak 2001 survey. In addition, RS 157.0 shows a critical flow state in the 2005 floodplain model, creating a backwater at the downstream face of the Pedestrian Bridge (RS 157.1) and representing a submerged concrete slab. The RS 157.0 section is approximately across the pool downstream of the main whitewater feature. However, a river wide hydraulic jump is visually evident at all flows between these cross sections, which indicates that RS 157.1 should be in a critical flow state and RS 157.0 should be in a sub critical flow state. RS 157.0 was adjusted with channel detail surveyed by Peak 2001. Therefore, an existing conditions geometry "Imported Geom Olmbjrevised existing" was developed by the insertion of a cross section at RS 157.666 and the adjustment of cross section RS 157.0 based on Peak (2001) surveyed detail. This resulted in modeling a critical flow state at RS 157.1 and a sub-critical flow state at RS 157.0, consistent with visual observations of the existing hydraulic jump. This "Imporied Geom Olmbjrevised • existing" geometry represents the best available data for modeling Gore Creek flood flows through the project area. Proqosed Conditions The Selected Alternative for modifications to the Vail Whitewater Park includes installing inflatable bladders on an existing concrete slab and stabilizing the right bank downstream of the concrete slab. Also included is a peg-board system that would allow for the periodic installation of features to enhance the park. It is anticipated that the peg- board would allow for the continual future development of features as future whitewater users demand. Because of the existing Floodplain conditions, any adjustable features shall require continual supervision while operating and, are not to be left in place overnight. Furthermore, a redundant; river stage, automatic shutoff is recommended for the inflatable bladders. The automatic shutoff shall be set 225 feet upstream of the Pedestrian Bridge (representing the low point of the berm) to automatically deflate all bladder structures when the river stage reaches 8155.10 feet. The park shall be supervised and operated not to increase river stages greater than 8155.10 feet at 225 feet upstream of the pedestrian bridge. This allows for a minimum of 1.6 feet of freeboard during supervised operation, is below the building floor elevation, and is below water surface elevations measured during previous high flow events. A field survey of the high • 2 of 4 IvER Julv I 2t1Ub . . . ~ ulu~,i6~IbU, I water May 22, 2005 (approximately 1,500 cfs) measured the elevation of the water to be 8155.11 feet near this location. A proposed geometry "Imported Geom Olmbjrevised Proposed" was created by widening the both the upstream and downstream internal bridge cross sections (RS 157.2) to 46.4 feet and raising the channel bottom to elevation 8149.12 feet. In addition, the right bank of RS 157.0 was modified to show the proposed conditions of the bank stabilization. The proposed geometry (proposed modifications to RS 157.2 and RS 157.0 only) was then run with the "100 Year Floodplain" steady flow data (2,100 cfs). Results show that the deflated bladders would maintain the existing conditions BFEs without any increase in water surface elevation for the 100-year flood event, if installed below the average elevation of 8149.12 feet. Table 1. presents proposed conditions with the proposed size and elevations of the deflated bladder structures affixed on top of the existing slab, the peg-board holes, and the right bank stabilization. Table 1 Station Description BFE BFE WSEL (ft) (ft) (ft) 158.1 Downstream face of Bridge St. Bridge 8158.94 8158.71 8158.71 ~ 158.0 527.0 feet U/S of Pedestrian Bridge 8158.52 8157.84 8157.84 158.666 25.0 feet U/S of Pedestrian Bridge N/A 8156.62 8156.62 157.5 14, 74.4 feet U/S of Pedestrian Bridge 8154.83 8154.61 8154.61 157.3 Upstream face of Pedestrian Bridge 8154.39 8154.03 8154.03 157.2 edestrian Bridge N/A N/A N/A 157.1 ownstream face of Pedestrian Bridge 8154.12 8153.12 8153.12 157.0 17.8 feet D/S of Pedestrian Bridge 8153.00 8153.24 8153.11 156.9 U/S face of International Bridge 8152.54 8152.54 8152.54 156.8 International Bridge N/A N/q N/A Notes: 1. Base Flood Elevation established in 2005 Floodplain Model 2. Base Flood Elevation from Floodplain Model modified with surveyed existing conditions detail 3. Water Surface Elevations with proposed modifications 4. Cross-section from current HEC-RAS Model 5. Cross-section added or adjusted into existing conditions HEC-RAS Model with additional detail surveyed by Peak Land Consultants, 2001 The proposed project would not increase Base Flood Elevations on Gore Creek and would not have any impact on100-year flooding nor floodplain. The project would not result in any change of quantities of water during the 100 year discharge. Velocity changes at RS 157.0 (+0.53 ft/s =+6%) may be considered insignificant, and no erosion, nor aggradation or degradation is anticipated as a result of the project. Nor would the project adversely affect adjacent property owners if constructed and operated as • 3 of 4 ~ Juh, l ?UUb IVER 0", ~.3 . • ~ P,u< U' 13 ;.(r )rm1"~~d Spxinc,. l uluradu \ IoU_ W-, n 1.14" recommended herein. It should be noted that adjacent property owners may be at risk of flooding under existing conditions and the project would not change this risk. Please contact me with any questions or comments. Respectfully, RIVERRESTORATION.ORG, LLC. 7ason Carey, P.E. Principal • 4of4 Fail durin9 ? low filow ~ nPYH""" 5'.'Y. ;a . ~ . . . . ...Y~:i 4 ~ n KP f rr . G~~ ~ r flows across ~ id summer ; concrete slab 1 M ` y Yf 1 ~ ~'k,,• w ~ ~ ~ . - ~ f? 4 ~es 'l .,..,.~..w•`+~!~ ` r'--.i'.~"'~ n~x•r..~ tr ~ [~,~„a ~ , •{~„i.. „ ~ ~ . ~r 4.~aAw~ ; s ~yt ~ k ~R y..iM~` g{ Wave durin9 rr ~ ~ ~~~s ° ~xistm9 Summer A. r , ~ , • J ~ w ~tf.. ~ 1 4 .'~M • p , I yPi1`iM4A1 77 1 x.... . ~ } 104- `..~w~' • . . . . ~ y ~ ~1 R~:• ~ r. A _ ~~}ib• ; ,.f~ i t r t • P';,~.~~. = -0 'n`'~`, `3 a~. '~'w ~ 6 .W ~-i~ ? ~ d:,e+ y,~y7 ~ v+MU~..~.~ , F ~5 ! 'Si 1+~ p Y • ~ ' ~ 4E, - ..~~.~yk. . Example of Deflated Bladders S ' . . . ' ".,t . . k . . . , ' tq':i . e ° ' :r .~-c "C^'~~t 3 l _ .~.,~?'i~' ~ • A Example of Inflated Bladders ~ • . , r c . , ,~lP i .a i ~ ¦ ~i.-J~1 AR~~ ~ ~ - ~ ~ " ~ ~ Yr~Y• ,'I~~k'~+r'~l~1'~Mt'r~'~ J / / . . ~ , . _ , , .P r ; -,~•~,..,t"~~:~. 3'~1vl~~~i1~AM~F~ . ~e ~y,~ ry• ~ ' ~ A~. _ 77~ " ' 4~ 1 ~.~~i'~/.~ W ~}fh 6 ~ p a . ~ Y Y% wn 4r~ L_ ' YI ~Y,~p, . f rT ,~N . S yP ~ ~ V T , ~Y{::,• . ~_,.c ;r[ p fi ~ r 1 y A ~ AVFAe~!r~ . . F~F ~ , ~~8"i r • ' 1,1 IV. ENVIRONMENTAL IMPACT ANALYSIS ~ In accordance with Chapter 12-21-10, Town of Vail Code, staff and the project consultant have completed an environmental impact analysis. The following criteria have been evaluated for impacts from this proposal: 1. Hydrologic conditions, such as surface drainage and watershed characteristics, ground water and soil permeability characteristics, natural water features and characteristics, and any potential changes or impacts. A complete floodplain impact analysis has been prepared by River Restoration.org. The floodplain study (attached) concludes floodplain elevations along Gore Creek will not be adversely impacted by the proposal. 2. Atmospheric conditions, such as airshed characteristics, potential emissions, and any potential changes or impacts. This proposal will not impact any atmospheric conditions in the area of Vail Village. 3. Geologic conditions, such as land forms, slope, soil characteristics, potential hazards, and any potential changes or impacts. This proposal is not located in any of the Town's identified geologically hazardous areas. No changes to existing landforms (other than limited grading and the placement of boulders - within the stream tract) are proposed. • 4. Biotic conditions, such as vegetative characteristics, wildlife habitats, and any potential changes or impacts. The existing aquatic environment of Gore Creek in Vail is currently impacted by non-point source pollution. Limiting factors include increased sediment discharge from the highways and adjacent development. Low flow periods in late summer and the resulting warmer water temperatures also have an impact. It is not expected that the project would have any major functional impact on of these limiting factors. This project is expected to have some effect on decreasing the increased sediment loading from the degrading North Bank. The reach is managed by DOW for cold water fisheries; the substrate is gravel, cobble boulder bed. Increased sediment loading on Gore Creek, largely associated with development, is the most critical reach habitat issue as identified by the DOW in a February 13, 2006 site visit. The reach of Gore Creek between the confluence with Red Sandstone Creek and the confluence with the Eagle River has been identified by the DOW as a Gold Medal Fishery. The project site is approximately 1.1 miles upstream of the reach which has been designated a Gold Medal Fishery. The long term effects of this project on the Gold Medal Fishery downstream would be decreased sediment loading by stabilization of the north (right) bank. The project may have temporary construction impacts with track equipment driving on and excavating the bed material in the wet channel. Construction activity may have isolated • increases in turbidity. Best management practices such as turbidity curtains, silt fences, construction sequencing and care of water would be utilized to minimize potential turbid conditions and locations. i 5. Other environmental conditions, such as noise levels and odor characteristics, and • any potential changes or impacts. Staff believes potential impacts to the existing noise level of the creek are minimal when i, compared to the noise generated by nearby uses/activities. These include loading and delivery at adjacent retail properties, snowmaking operations on Vail Mountain and special events along Gore Creek Promenade, Bridge Street and Gore Creek Drive. Staff does not anticipate any "nuisance" impacts from this proposal. 6. Visual conditions, such as views and scenic values, and any potential changes, impacts, or marked contrasts. Town staff will be working very closely with the contractor to ensure aesthetics of the ~ projects are the highest priority. Most materials used in this project will be natural and ~ consistent with materials occurring naturally within the Gore Creek stream tract. The exception to this will be a small utility box, 36"x36"x144" to hold the compressor and controls. The utility box will be sub-grade behind the existing rock wall on the North side of Gore Creek between the International bridge and pedestrian bridge (See Drawing). In- channel there will be adjustable structures attached to the existing concrete slab. These structures will fully deflate to no more than 3.5 inches in height. These structures will also be placed predominately under the pedestrian bridge. The structures are designed and placed to minimize visual impacts. 7. Land use conditions, such as characteristics uses, compatibility with officially approved land use and open space policies and objectives, and potential changes or impacts. • Because this project involves only minor improvement to the existing whitewater park, existing uses will be relatively unaffected. This portion of the Gore Creek stream tract has long been established as an area for recreational uses. This stretch of creek was previously dammed and used as an ice skating area and the grassy knoll portion of Gore Creek Promenade is currently used for concerts, parties and special events. Staff believes the intensity of the proposed use is compatible with both the historic use of the site and the intensity of adjacent uses. Adjacent uses include high-density residential (up to 25 units/acre), lodging and commercial. 8. Circulation and transportation conditions, such as volumes and traffic flow patterns, transit service needs, alternative transit systems, and potential changes or impacts. Staff does not believe this proposal will impact vehicular traffic flow or transit service needs in the area as the intended use of this area will not change from the existing use. 9. Population characteristics, such as residential densities, neighborhood patterns, potential displacement of residents or businesses, and potential changes or impacts. This proposal will not impact or displace any of the existing densities, • residents or businesses within Vail Village. . ~ OWN OF VA.~ ' Dcpurbnent of Public Works & Transportation 1309 Elkhorn Drive Vail, CO 81657 970-979-2158 Fax: 970-479-2166 www. vailoov. com MEMO To: Bill Gibson CC: Gregg Barrie From: Tom Kassmel, Town Engineer/Floodplain Coordinator Re: Whitewater Park Enhancement Project Date: 7/17/06 The proposed improvements to the Town of Vail's Whitewater Park have been reviewed for compliance to the 6 wn Code with regards to the 100 Year Floodplain. After reviewing the hydraulic analysis completed by er Restoration.Org dated July 13`h, 2006, it is evident that this project will not cause any negative flood impact to adjacent properties, there will be no increase to the 100 yr flood water surface elevations or quantity of floodwaters, and there will be no significant increase in velocity. It is my opinion that this project may move forward as designed. 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TOWN OF V~'I ~ 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 July 24, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Lion Square Lodge East; a request for a final review of a variance from Section 12-71-1-10, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for encroachments in the setbacks; and a request for a final review of a recommendation to the Vail Town Council for an amendment to Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, to create build-to-lines to allow for encroachments in the setbacks; located at 660 West . Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0041) Applicant: Lion Square Lodge East, represented by Bill Anderson Planner: Bill Gibson A request for a final review of a variance, from Section 12-66-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a garage addition within the ~ front setback, located at 265 Beaver Dam Road/Lot 40, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0040) Applicant: David Cohen, represented by Fritzlen Pierce Architects Planner: Bill Gibson A request for a final review of a variance from Chapter 14-5, Parking Lot and Parking Structure Design Standards For All Uses, pursuant to Chapter 12-17, Variances, to allow for a garage entry opening to be 12 feet (12') wide instead of the required minimum width of twenty feet (20'), located at Vail Cascade Residences/Vail Cascade Subdivision, and setting forth details in regard thereto. (PEC06-0045) Applicant: Steve Lindstrom, represented by RKD Architects, Inc. Planner: Matt Gennett A request for a final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for tine installation of a sanitary sewer line in the Gore Creek Floodplain, located at 3877 Lupine Drive/Lot 6, Block 1, Bighorn 15c Addition, and setting forth details in regard thereto. (PEC06-0046) Applicant: Roland and Jeanne Kjesbo Planner: Matt Gennett A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3- 7, Amendments, Vail Town Code, for proposed amendments to Chapters 12-21, Hazard Regulations, 14-7, Geologic/Environmental Hazards, and 14-10, Design Review • Standards and Guidelines, Vail Town Code, to create Wildfire ReguTations that add wildfire hazard to the Hazard Regulations and require mitigation in high and extreme wildfire hazard zones, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede • A request for a final review of an Exemption Plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a proposed realignment of the common property line between Lots 2 and 3, located at 5087 and 5097 Main Gore Drive, Bighorn Subdivision, and setting forth details in regard thereto. (PEC06-0048) Applicant: Fred and Janet Streich and Sandy Salmons Planner: Matt Gennett A request for a final review of a variance, from Section 12-6D-8, Density Control, and Section 12-15-2, Gross Residentiai Floor Area Requirements by Zone District, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the secondary unit of a primary/secondary development to construct more than 40% of the allowable gross residential floor area (GRFA), located at 1989 Circle Drive/Lot 27, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC06-0049) Applicant: James Garland and John Kirschner, represented by Galen Aasland Planner: Bill Gibson A request for a finai review 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 A request for a final review of floodplain modifications, pursuant to Chapter 14-6, • Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek streambank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. (PEC06-0050) Applicant: Town of Vail, represented by Gregg Barrie 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 July 7, 2006, in the Vail Daily. • . MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 14, 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 a combination of two lots into a single lot, Lots 12 and 13, Bighorn Subdivision, located at 4024 Willow Way and 4026 Lupine Drive, Bighorn Subdivision, and setting forth details in regard thereto. (PEC06-0051) I Applicant: Trudy Thomas Planner: Warren Campbell 1. SUMMARY The applicant, Trudy Thomas, is requesting approval of an amended final plat, pursuant to Chapter 13-12, Exemption Plat, Vail Town Code, to allow for a combination of two lots into a single lot, Lots 12 and 13, Bighorn Subdivision, located ~ at 4024 Willow Way and 4026 Lupine Drive, Bighorn Subdivision. Staff is recommending approval of this application subject to the findings and conditions outlined in Section IX of this memorandum. 11. DESCRIPTION OF REQUEST The applicant, Trudy Thomas, currently has a single-family home constructed on Lot 13 and owns Lot 12, which is currently vacant and is adjacent. A vicinity map is attached depicting the two lots (Attachment A). The applicant has proposed the combination of these two lots as the existing structure on Lot 13 has a zero setback from the shared property line of Lots 12 and 13 and a proposed dormer addition would have required the granting of setback variances. The applicant has chosen to combine the two lots in order to facilitate some minor additions the appficant has applied to construct without the need for granting variances. The applicant has proposed to combine these two parcels with the recording of an amended final plat entitled Biqhorn Subdivision, Lot 13: A Resubdivision of Lots 12 and 13, Biqhorn Subdivision. A copy of the plat to be recorded is attached for reference (Attachment B). The amended final plat, if approved, would result in Lots 12 and 13 becoming Lot 13, measuring 36,577 square feet in size. III. BACKGROUND Lots 12 and 13 of the Bighorn Subdivision were annexed into the Town of Vail by Ordinance 20, Series of 1974, which was effective November 5, 1974. . On October 27, 1986, a variance was granted for the existing residence on Lot 13 for a second story addition in the rear setback. The setback variance was granted as 1 the addition was located over a portion of the home which was already within the • setback. IV. ROLES OF REVIEWING BOARDS Exemption Plat Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval, approve with modifications, or disapprove the p1at. Specifically the code states in Section 13-12-3C, Review and Action on Plat: The p/anning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the p/at 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. 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: Within ten (10) days the decision of the P/anning and Environmental Commission on the fina/ p/at 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 Councrl appeals the P/anning and Environmental Commission's decision, the Council shall hear substantially the same presentation by the applicant as was heard at the Planning and Environmenfal Commission hearing(s). The Council shall have thirty (30) days to atfirm, reverse, or affirm with modifications the Planning and Environmenfal Commission decision, and the Council shall conduct the appeal at a regu/arly scheduled Council meeting. V. APPLICABLE PLANNING DOCUMENTS TOWN OF VAIL ZONING CODE TITLE 13: SUBDIVISION REGULATIONS (in part) 13-2-2 DEFIN{TIONS 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. 2 • 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. (Ord. 2(2001) § 1) 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 titie 12, chaqter 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- 3-613 of this title, with the provision that certain of these requirements may be waived I • 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 pubfic 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. VI. SUROUNDING LAND USES AND ZONING Land Use . Zonin North: Residential Two-Family East: Residential Two-Family West: Residential Two-Family • South: Residential Two-Family 3 - , . VII. SITE ANALYSI$ • Address: 4024 Willow Way and 4026 Lupine Drive Zoning: Two-Family Land Use Plan Designation: Low Density Residential Current Land Use: Vacant Lot/Single-Family Residence Development Standard Allowed Proposed Lot Area: 15,000 sq. ft. 36,577 sq. ft./0.8397 acres Dimension: 80'X80' min. 100'X100' Frontage: 30' min. 127 feet along Lupine Drive 196 feet along Willow Way GRFA: 46% of the first 10,000 s.f., 38% of the next 10,000 - 15,000 s.f., 13% of the next 15,000-30,000 s.f., and 6% of the remainder over 30,000 s.f. A structure measuring approximately 8,844 sq. ft. could be constructed on the new Lot 13. Access: Access to the site will be via Lupine Road over the existing driveway to the structure on Lot 13. Comparison of Proposed Lot 13 to a selection of other lots in the immediate vicinitv with~ the Biqhorn Subdivision Lot Zoninq Lot Size GRFA Lot 6 Two-Family 38,449 s.f. 8,956 s.f. Lot 7 Two-family 35,644 s.f. 8,788 s.f. Lot 8 Two-Family 31,740 s.f. 8,554 s.f. Lot 9 Two-Family 30,444 s.f. 8,476 s.f. Lot 10 Two-family 25,984 s.f. 7,927 s.f Lot 11 Two-Family 41,285 s.f. 9,127 s.f. Lot 14 Two-Family 31,003 s.f. 8,510 s.f. VIII. CRITERIA AND FINDINGS Exemption Plat (Defers to Section 13-3-4, which is as follows): The following are the requirements of Section 13-3-4, Commission Review of Application; Criteria and Necessary Findings, Vail Town Code, for the review of an Exemption Plat. "The P/anning and Environmental Commission shall conduct a public hearing ' on an application for a Preliminary P/an for Subdivision. The Planning and Environmental Commission shall consider the application, relevant additional maferials, Staff report and recommendations as well as any other comments or public information given at the hearing. The P/anning and Environmental • Commission may discuss advisable changes to the proposed subdivision with the applicant. The burden of proof shall rest with the applicant to show that 4 • the application is in compliance with the intent and purposes of this Chapter, the Zoninp Ordinance and other pertinent requlations fhat the P/anninq and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consu/ted under subsection 13-3-3C above." A. Before recommending approval, approval with conditions or disapproval of the Preliminary Plan, the Planning and Environmenfal Commission shall consider the following criteria with respect to fhe proposed subdivision: (1) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goa/s, objectives and policies outlined in the Vail Comprehensive Plan and is compatible wifh the development objectives of the town; and I Staff has reviewed the individual documents comprising the Vail Comprehensive Plan and found the Vail Land Use Plan to be the sole document addressing this parcel/subdivision. The Vail Land Use Plan identifies Lots 12 and 13 of the Bighorn Subdivision as being within the Low Density Residential Land Use Designation which states the following: This category includes single-family detached homes and two family dwelling units. Density of development within this category would typically not exceed 3 structures per buildable acre. Also • within this area would be private recreafion facilities such as tennis courts, swimming poo/s and club houses for the use of residents of the area. Institutional/public uses permitted would include churches, fire stations, and parks and open space related facilities. Staff believes the proposed plat is in conformance with the Low Density Residential Land Use Designation and therefore complies with this criterion. (2) The extent to which the proposed subdivision complies wifh all of the standards of this Tit/e, as we11 as, but not limited to, Tifle 12, Zoning Regulations and other pertinent regulations rnar the Planning and Environmental Commission deems applicable; and The proposed amended final plat complies with all the standards of Title 13 in regards to format. Staff further believes that the proposed exemption plat complies with all the standards found in Title 12, Zoning Regulations, Vail Town Code. The following are portions of Section Chapter 12-1-2, Purpose, Vail Town Code, which staff believes apply to this application: A. General: These regulations are enacted for the purpose of 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. 5 B. Specifically: These regulations are intended to achieve the • following more specific purposes: 6. To encourage a harmonious, convenient, workabie re/ationship among land uses, consistent with Municipal development objectives. 11. To otherwise provide for the growth of an orderly and viable community. Staff believes that the proposed amended final plat complies with this criterion. (3) The extent to which fhe proposed subdivision presents a harmonious, convenient, workab/e relafionship among adjacent land uses consistent with municipa/ deve/opment objectives; and Staff believes that the combination of Lots 12 and 13 allows for the continued development of "harmonious, convenient, workable re/ationship among adjacent land uses consistent with municipal development objectives." As can be seen in Section VII of this memorandum the combination of the two lots into one does not create a lot within the subdivision which is out of character with others in the subdivision. In addition, the combination of the two lots eliminates the • need for granting variances in the future for the existing structure as was done in the past. The combinations of the lots as proposed would take a non-conforming structure and make it conforming with the Zoning Code. (4) The extent of the effects on the future development of the surrounding area; and Staff believes that the proposed amended final plat will not have any negative effect on the development of the surrounding area, and therefore complies with this criterion. (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 The proposed amended final plat will have no negative impact on the items identified in the above criterion as the Lot 13 is currently platted and services and faciiities are in place. (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 fo upgrade under-sized lines; and • 6 • The proposed amended final plat will have no negative impact on the utility lines servicing Lot 13 as the lot is currently platted and adequate utility lines services are in place. (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 The proposed amended final plat does not create a lot which does not already currently exist. Staff believes the application complies with this criterion. (8) The exfenf fo which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetafion, riparian corridors, hillsides and other desirable natura/ features; and ' The proposed amended final plat, if approved, would not have any negative effect on the items listed in the above criterion as the lot is currently platted. (9) Such other factors and criteria as the Commission and/orCouncil deem applicable to the proposed subdivision. . IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves the amended final plat entitled Biqhorn Subdivision, Lot 13: A Resubdivision of Lots 12 and 13, Biahorn Subdivision, pursuant to Chapter 13-12, Exemption Plat, Vail Town Code, to allow for a combination of two lots into a single lot, Lots 12 and 13, Bighorn Subdivision, located at 4024 Willow Way and 4026 Lupine Drive, Bighorn Subdivision based upon the criteria evaluated in this memorandum. , Should the Planning and Environmental Commission choose to approve this , amended final plat, the Community Development Department recommends the ~ Commission pass the folfowing motion with the suggested condition: The Planning and Environmental Commission approves the request for an amended final plat to create the Biahorn Subdivision, Lot 13: A Resubdivision of Lots 12 and 13. Biahorn Subdivision pursuant to Chapter 13-12, Exemption Plat Review ' Procedures, Vail Town Code, to allow for a combination of two lots into a single lot, Lots 12 and 13, Bighorn Subdivision, located at 4024 Willow Way and 4026 Lupine ~ Drive, Bighorn Subdivision and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this , amended final plat, the Community Development Department recommends the Commission makes the following findings: • (1) That the subdivision is in compliance with the criteria listed in Subsection 93-3-4A of this Title. 7 (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 wifh and suitable to adjacent uses appropriate for the surrounding areas; and (4) That the subdivision promotes the health, safety, morals, and generai welfare of the Town and promotes the coordinated and harmonious development of the Town in an manner that conserves and enhances ifs 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 plat C. 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I ' I ~ ' ~ O 0 u I I I i I n.% c ~ ~ n I I 1 i o Z ,y ~ o r ~ ° s a , ~tn O - E-1 µy E•-1 b ~ord` (n C'7 p'' •-i W ° _e^ a ~ a <C i I r ~ I ~ ~r~ " - ~ ~ ; Ny ~ ~ ~~•>r~ _ i ~ ~u ~ W u xo~i ~ z w ~ N H 0 ~ U - a : s' f N tn Zo 0 H ` - o ` y3% ~ 1' rt - ~ LL a. 3-? > f 4 LL ~ W. ~ 0 ' , ( O L ~ o ~ ul . i~~ > o n3o •.,>,<.~\y' ~ % ~=2 fY o,~ 3 •`\.~__J nH O WQ,.~ ~ '00" W 7 96.49' ~ ~ ~ N 00' 19 cn in If II U J~ m w ~ - Q~JUm a y WIILOW WAY (50' R,O.W.) d - d ,i i I S~Vi m~P • • ~ ~ • *V)d ~~.THIS ITEM MA UBAFFECT L 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 August 14, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: 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 a combination of finro lots into a single fot, Lots 12 and 13, Bighorn Subdivision, located at 4024 Willow Way and 4026 Lupine Drive, Bighorn Subdivision, and setting forth details in regard thereto. (PEC06-0051) Applicant: Trudy Thomas Planner: Warren Campbell A request for a recommendation to the Vail Town Council of an amendment to Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, to further identify opportunities for the future redevelopment of the Lion Square Lodge, located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0056) Applicant: Lion Square Lodge East, and Vaif Resorts, represented by Chip Melick • Planner: Bilf Gibson . A request for a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Lion Square Lodge East, located at 660 West Lionshead Place/Lot 1, Vai! Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0041) Applicant: Lion Square Lodge East, and Vail Resorts, represented by Bill Anderson Planner: Bill Gibson A request for a final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to alfow for grading within the Gore Creek 100-year floodplain, to install public utilities, focated on an unplatted parcel of land directly west of West Forest Road (a more complete location description is available at the Town of Vail Department of Community Development). (PEC06-0052) Applicant: Eagle River Water and Sanitation District Planner: Bill Gibson A request for final review of a conditional use permit, pursuant to Section 12-8D-3, Conditional Uses, Vail Town Code, to allow for the redevelopment of ski racing facilities; and a request for a final review of a minor amendment to the Golden Peak Ski Base Development Plan, pursuant to Section 12-8D-6, Development Plan Required, to allow for an interior addition within the Children's Ski School building and the redevelopment of the race course finish building, locafed at 498 and 598 Vail Valley Drive/Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC06-0057 & 0058) I • Applicant: Vail Associates, Inc., represented by Jay Peterson Planner: Elisabeth Reed i Attachment: C A request for a final review of a minor subdivision, pursuant to Section 13-4-2, • Procedure, Vail Town Code, to allow for the resubdivision of Tract D, Vail Village Fifth Filing, creating two new lots, located at 442 South Frontage Road, and setting forth details in regard thereto. (PEC06-0060) Applicant: Lunar Vail, L.L.C., represented by Ron Byrne Planner: George Ruther 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 July 28, 2006, in the Vail Daily. • • • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 14, 2006 SUBJECT: A request for a recommendation to the Vail Town Council of an amendment to Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, to further identify opportunities for the future redevelopment of the Lion Square Lodge, located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0056) Applicant: Lion Square Lodge East, and Vail Resorts, represented by Chip Melick Planner: Bill Gibson 1. DESCRIPTION OF THE REQUEST The applicants, Lion Square Lodge East and Vail Resorts, are requesting a final review of a recommendation to the Vail Town Council of an amendment to • Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, to further identify opportunities for the future redevelopment of the Lion Square Lodge, located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1. The applicants are proposing to amend Section 5.11, Ski Yard, and Section 5.12, Lion Square Lodge, of the Lionshead Redevelopment Master Plan to allow the Lion Square Lodge to construct improvements within the setback areas adjacent to the Ski Yard. Under separate application, the Lion Square Lodge East is proposing a major exterior alteration which includes the construction of four new entry additions (including elevators for accessibility and exit stairs for emergency egress), the addition of 8,566 total sq. ft. of GRFA to the existing dwelling units (including the enclosure of 7 existing decks), the construction of new decks, the construction of new roof elements, and a significant upgrade to the building's fagade. Section 12-7H-10, Setbacks, Vail Town Code, requires a 10 foot setback from all site boundaries, unless otherwise specified in the Lionshead Redevelopment Master Plan. The Lion Square Lodge East renovation proposal includes encroachments into the prescribed 10 foot setback area adjacent to the Ski Yard. Therefore, the Lion Square Lodge, in cooperation with Vail Resorts, has submitted a request to amend the detailed plan recommendations of the Lionshead Redevelopment Master Plan to allow for these encroachments. The Lion Square Lodge and Vail Resorts are mutually agreeable to these • proposed encroachments. They are also mutually agreeable to reconfiguring the boundaries between their properties to better reflect the built conditions than the 1 . existing platted property lines. For legal reasons, both Lion Square Lodge East • and Vail Resorts are reluctant to again re-subdivide their properties to create new lot lines. Instead, the Lion Square Lodge East and Vail Resorts are proposing to establish a"restricted area" between their properties to function as a setback and a"perceived property line" to address building and fire code separation requirements. Vail Resorts has previously used this methodology to address setback and building separation requirements for several properties located at the Beaver Creek Ski Resort. The Lion Square Lodge East and Vail Resorts are requesting approval of amendments to Chapter 5, Detailed Plan Recommendations, of the Lionshead Redevelopment Master Plan to facilitate the proposed encroachments into the setback area adjacent to the Ski Yard. The applicants have proposed very specific text for this master plan amendment (Attachment B) that Staff believes would be more appropriately included in a legally binding development agreement between Lion Square Lodge, Vail Resorts, and the Town of Vail; should the Commission and Town Council choose to approve these master plan and major exterior alteration applications. Therefore, Staff has drafted broader language that the Staff believes would be more consistent and more appropriate for amending the master plan. The key elements of the proposed master plan amendments include: • Acknowledgement that the Lion Square Lodge uniquely borders the Ski Yard, and that the Ski Yard is used for outdoor recreational • purposes and not as traditional development site. • Acknowledgement that the existing Lion Square Lodge buildings are deficient in conformance with building and fire codes, and redevelopment opportunities that include encroachment into the setback adjacent to the Ski Yard could facilitate the resolution of these deficiencies. • Acknowledgement that both the Lion Square Lodge and the Ski Yard owner(s) must be mutually agreeable to any proposed setback encroachments, and both parties must recognize the potential negative impacts of such encroachments. • Acknowledgement that any encroachments into the prescriptive setback area must be off-set by an alternative means of implementing the intent and purpose of the setback requirements. The specific proposed text amendments to the Lionshead Redevelopment Master Plan have been attached in the form of Resolution No. 17, Series of 2006 (Attachment A). The Planning and Environmental Commission is being asked to review the proposed amendments and then forward a recommendation of either approval, approval with modifications, or denial to the Vail Town Council. II. BACKGROUND On December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan to encourage redevelopment and new development • initiatives within the Lionshead Study Area. The Town is now implementing the 2 i • master plan to facilitate numerous public and private development and redevelopment projects commonly associated with Vail's "Billion Dollar Renewal". From time-to-time during the implementation of the plan, issues and circumstances arise that were not contemplated at the time the plan was originally adopted. Therefore, the Town has recently approved several amendments to the master plan pursuant to the procedures outlined in Chapter 2.8 of the p{an. lll. CRITERIA AND FINDINGS Amendments to the Lionshead Redevelopment Master Plan require a pubfic hearing review process as outlined in Section 12-3-6, Vail Town Code. If approved, amendments are adopted by resolution by the Vail Town Council. Accordin9 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 originally adopted in December of 1998 to encourage redevelopment in the Lionshead. Since 1998, the Lionshead area has indeed experience a significant amount of both redevelopment and new development. As with any master plan, it was not possible to anticipate every future redevelopment scenario or opportunity when the Lionshead Redevelopment Master Plan was originally adopted. Therefore as • any master plan is implemented, it is amended from time-to-time to address these unanticipated circumstances. The Lion Square Lodge and Vail Resorts have a long history of mutual cooperation, which was recently exemplified by the Arrabelle project. In this continued spirit of mutual cooperation, the Lion Square Lodge and Vail Resort have jointly requested amendments to the Lionshead Redevelopment Master Plan to allow the Lion Square Lodge to encroach into setbacks adjacent to Vail Resort's Ski Yard. It was not anticipated in 1998 that these two adjacent property owners would mutually request approval of such a proposal. How is the plan in error? The Staff does not believe the existing Lionshead Redevelopment Master Plan is in error. How would an addition, deletion, or change to the plan be in concert with the plan in general? According to Chapter 2 of the Lionshead Redevelopment Master Plan, "This master plan was initiated by the Town of Vail to encourage I redeve/opment and new development initiatives within the Lionshead study area. Both public and prrvate interests have recognized that • Lionshead today lacks the economic vitality of Vai/ Village, its neighboring commercial district, and fails to offer a world-c/ass resort experience. Lionshead s economic potential has been inhibited by a number of 3 recurrent themes: lack of growth in accommodation units ("hot beds'), • poor retail. quality, the apparent deterioration of existing buildings, an uninteresting and disconnected pedestrian environment, mediocre architectural character, and the absence of incentives for redevelopment. Redevelopment is critical for Vail and Lionshead if the community is to remain a competitive four-season resort. Other resorts are spending millions of dollars to upgrade their facilities in order to attract more visitors year-round. Growth in the number of skiers annually has slowed to one to two percent, intensifying competition for market share. Skiers are spending less time skiing and more time shopping, dining out, and enjoying other off-mountain activities. As a result, the demand for quality retail shopping and a greater diversity of experiences has dramatically increased. A/l of these are sorely in need of improvement in Lionshead. i Vail, and specifically Lionshead, will fall behind if the community fails to upgrade the quality of its facrlities and correcf the existin9 f/aws in its primary commercial nodes. This master plan, developed over a period of two years and with extensive involvement by the communrty, 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 recommendations, incentives, and requirements for redevelopment and new development of • public and private properties. It also recommends specific public improvement projects that are strategically important to the future success of Lionshead. The master plan is intended to provide direction over the next 15 to 20 years. " , The proposed amendments to the Lionshead Redevelopment Master Plan will not change or aiter the fundamental goals and objectives of the plan. Instead, IStaff believes the proposed amendments provide a creative solution for ' additional redevelopment opportunities and the future success of redevelopment in Lionshead. Staff believes the proposed text amendments are also consistent with the purpose and intent of setback requirements of the Lionshead Mixed Use 1 Zone District. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Town of Vail Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council of the requested amendments to Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, to further identify opportunities for the future redevelopment of the Lion Square Lodge, located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. • 4 • Should the Commission choose to forward a recommendation of approval to the Vail Town Council, the Community Development Department recommends that the Commission makes the following finding: "The Commission finds that the proposed text amendments to the Lionshead Redevelopment Master Plan comply with the review criteria outlined in Section lll of the memorandum to the Planning and Environmental Commission, dated August 14, 2006, and that the amendments, as proposed, further the goals, objectives and policies, as stated in Chapter 2 of the Lionshead Redevelopment Master Plan. " V. ATTACHMENTS A. Resolution No. 17, Series of 2006 • . 5 Attachment: A RESOLUTION NO. 17 • Series of 2006 A RESOLUTION AMENDING CERTAIN SECTIONS OF THE LIONSHEAD REDEVELOPMENT MASTER PLAN REVISING THE DETAILED PLAN RECOMMENDATIONS FOR FUTURE DEVELOPMENT ON THE SKI YARD AND LION SQUARE LODGE DEVELOPMENT SITES, AS PRESCRIBED IN CHAPTER 5 OF THE LIONSHEAD REDEVELOPMENT MASTER PLAN, AND SETTING FORTH DETAILS IN REGARD THERETO. , I WHEREAS, on December 15, 1998, the Vail Town Council (the <<Town Council ) adopted the Lionshead Redevelopment Master Plan (the "Master Plan"); and WHEREAS, the Master Plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives within the Lionshead Study Area; and WHEREAS, Section 2.8 of Master Plan outlines a procedure for amending the Master Plan; and WHEREAS, pursuant to Section 2.8 of the Master Plan, the Lion Square Lodge has proposed an amendment to the Master Plan; and WHEREAS, the Town of Vaii Planning and Environmental Commission has held a public hearing on the proposed amendment on August 14, 2006, and has forwarded a • recommendation of approval of the amendment to the Town Council; and WHEREAS, the purpose of this amendment is to amend the detailed plan recommendations for future development of the Ski Yard and the Lion Square Lodge development sites, as prescribed in Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan; and WHEREAS, the Town Council finds that the proposed amendment improves and enhances the effectiveness of the Master Plan without negatively affecting the goals, objectives, and policies prescribed by the Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The Town Council of the Town of Vail hereby amends the Lionshead Redevelopment Master Plan as follows: The amendments to the text of the Lionshead Redevelopment Master Plan are indicated in bold italics (additions) and stgkethr~e~h +taiss (deletions). • 1 • CHAPTER 5 (in part) Detailed Plan Recommendations 5.11 Ski Yard Improvements recommended for the Lionshead ski yard are as foliows: 5.11.1 Relationship to the Lionshead Pedestrian Mall There is a significant grade change between the ski yard and the retail mall. As suggested in figure 5-15, a better grade transition could be designed at the north edge of the ski yard to make it a more usable public space and to articulate a strong linkage between the urban environment of the retail mall and the open environment of the ski yard. 5.11.2 Skier Bridge The existing skier bridge is a landmark but needs to be replaced. The new bridge should be visually compatible with the desired character of Lionshead and wide enough to separate skiers and pedestrians. 5.11.3 Connections As depicted in figure 5-15, pedestrian path connections should be provided from the north end of ski yard and #he gondola terminal to the Gore Creek recreation path, the skier bridge, and the southeast corner of the Lion Square Lodge (location of the KB Ranch Restaurant). • 5.11.4 Screening and Landscaping Lion Square Lodge should be involved in planning enhancements in the ski yard. Landscaping is desirable to screen the building at the west edge of the yard, but in the central area would conflict with skier operations and the yard's potential to function as a village green for community gathering and summer recreation. 5.11.5 Potenfial Sefback Encroachments by Adjacent Property Owners Since the Ski Yard functions as an outdoor recreation and special events area, rather than a traditional development site, encroachments within adjacent praperty owners' prescribed setback areas adjacent to the Ski Yard may be considered. 5.12 Lion Square Lodge The Lion Square Lodge, located at the end of Lionshead Place, occupies two parcels. The main parcel (phases 1, 2, and 3) borders the ski yard and the Gore i Creek recreation path. The north parcel (phase 4) is located north of the Lionshead Place cul-de-sac. Several issues arise because of this split configuration. 5.12.1 Traffic Concerns The primary concern of the Lion Square Lodge property owners is the existing and potential volume of traffic (both lodging vehicles and delivery vehicles) that accesses the Vail Associates core site. The current access into the core site passes between Lion Square's main and north properties, resulting in an unsafe and poorly defined connection between the buildings. When the Vail Associates core site is redeveloped, the mitigation of lodging and service vehicle impacts on the Lion 2 ~ Square Lodge will be essential. Service vehicles should not be allowed to stage • outside of the core site or to cause visual, audible, or air pollution impacts. 5.12.2 Pedestrian Connection between the Main Building and the North Building Potential redevelopment must address the need for a clear pedestrian connection and defined vehicular corridor between the main Lion Square Lodge property and the north building on the other side of Lionshead Place (see figure 5-16). 5.12.3 Ski Yard Pedestrian Access The pedestrian path around the north end of the Lion Square Lodge should be upgraded to provide an attractive and safe pedestrian connection from Lionshead Place into the ski yard. Because the path is close to the residential units in the northern end of the Lion Square building, landscaping and other screening methods will be needed. It is not recommended that this pedestrian access be emphasized, but only that it be of better quality. The west Lionshead pedestrian portal is more important as the western point of entry into the core area. 5.12.4 Potential Development and Redevelopment Scenarios Lion Square Lodge is in need of major exterior renovations or redevelopment. Figure 5-16 presents a scenario by which the Lodge could add significant density, enabling the creation of a strong architectural edge to Lionshead Place, a direct connection between the main and north Lodge properties, and a screened parking and arrival area. Another redevelopment scenario (not illustrated) entails relocation of the existing core site access road to a new dedicated access on the north side of I Lion Square's north building. This would enable redevelopment to connect the . , primary Lion Square Lodge building with its north property. Issues associated with ~ this scenario include the proximity of this new intersection to the adjacent West Lionshead Circle intersection and the potential for noise and visual impacts on the south side of the Montaneros property. 5.12.5 Pofential Setback Encroachments Adjacent to the Ski Yard The east properfy boundary af the Lion Square Lodge is uniquely situated adjacent to fhe Ski Yard, rafher than another traditional deve/opment site. Since the Ski Yard funcfions as an outdoor recreation and special events area, rather than a development site for permanent 6uildings, these two properties relafe differenfly than other properties in Lionshead. The existing Lion Square Lodge is deficient in regard to numerous building and fire code issues such as accessibiJity and egress, and any redevelopment of fhese buildings should remedy these deficiencies. Since the Lion Square Lodge a6uts the Ski Yard, rather than another traditional development site, an opportunity exists for redevelopment of the Lion Square Lodge to occur in response to the existing site condifions rather than in response to the prescri6ed setback areas. Encroachments into the setback areas adjacent to the Ski Yard should be considered when associated with a comprehensive redevelopment plan to improve fhe accessibility, egress, life safety, or other building and fire code compliance upgrades for the exisfing Lion Square Lodge. However, new • structures associated with a demo/rebuild of the Lion Square Lodge should nof be constructed in a setback area. 3 • The Lion Square Lodge owner(s) should acknowledge that any encroachment i into the setback area adjacent to the Ski Yard could have negative impacts to fheir residenfs and guests (noise, reduced privacy, obstruction of views, etc.) due to the close proximity of activities customary to the use and operation of the Ski Yard (recreational activities, special events, snow making, mainfenance, etc.) Addifionally, the Ski Yard owner(s) should acknowledge that any encroachment into the setback area adjacent to the Ski Yard may adversely affecf existing below grade improvemenfs and may reduce the potential future development of the Ski Yard. Should encroachments into the setback areas adjacent to the Ski Yard be considered, an alternative means of ineeting the purpose and intent of the setback requirements should be provided. Any alternative to the prescribed setback requirement should ensure adequafe light, air, and open space; adequate areas for drainage and ufilities; adequate separation of buildings and uses; etc. Special consideration should be made fo ensure that adequate landscaping and buffering is provided. Since encroachments info the setback areas adjacent fo the Ski Yard may have negative impacts; any alternative to the prescribed setback requiremenf should be mufually agreeable to fhe Lion Square Lodge owner(s), the Ski Yard owner(s), and the Town of Vail. Any adopted alternative to the prescribed setback requirement should be memorialized in a legally binding agreement between all three parties. . • INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of August, 2006. Rodney Slifer, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk • 4 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 14, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Lion Square Lodge East, located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06- 0041) Applicant: Lion Square Lodge East Condominium Association, represented by Bill Anderson and Chip Melick Planner: Bill Gibson 1. SUMMARY The applicant, Lion Square Lodge East Condominium Association, represented • by Bill Anderson and Chip Melick, is requesting a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Lion Square Lodge East, located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the request for a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Lion Square Lodge East, located at 660 West Lionshead Place/ Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto, subject to the findings and conditions noted in Section X of this memorandum. II. DESCRIPTION OF THE REQUEST The Lion Square Lodge East is the Phase I Building of the Lion Square Lodge complex located at 660 West Lionshead Place, which is zoned Lionshead Mixed Use 1 District (LMU-1), and located within the Lionshead Redevelopment Master Plan area. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). The applicant is requesting approval of a Major Exterior Alteration to allow for the • renovation of the Lion Square Lodge East. This renovation will include the construction of four new entry additions (including elevators for accessibility and exit stairs for emergency egress), the addition of 8,561 total sq. ft. of GRFA to the 1 i existing dwelling units (including the enclosure of 7 existing decks), the • construction of new decks, the construction of new roof elements, and a , significant upgrade to the building's fagade. In addition to aesthetic 'improvements, this proposal will also address the building's noncompliance with the American's with Disabilities AcYs (ADA) accessibility requirements and the i adopted building and fire code's egress requirements. I The applicant's request (Attachment B) and proposed architectural plans (Attachment C) have all been attached for reference. The Lionshead Mixed Use 1 Zone Districts requires a minimum setback of 10 feet from a development site boundary, unless otherwise specified by the Lionshead Redevelopment Master Plan. As part of this Major Exterior Alteration request, the applicant is proposing to construct encroachments into the 10 foot . setback adjacent to the Ski Yard (currently owned by Vail Resorts). The Lion Square Lodge East and Vail Resorts are mutually agreeable to the proposed encroachments. They are also mutually agreeable to reconfiguring the boundaries between their properties to better reflect the built conditions than the existing platted property lines. For legal reasons, both Lion Square Lodge East and Vail Resorts are reluctant to again re-subdivide their properties to create new lot lines. Instead, the Lion Square Lodge East and Vail Resorts are proposing to establish a"restricted area" between their properties to function as a setback and a"perceived property line" to address building and fire code separation requirements (Attachment D). Vail Resorts has previously used this methodology to address setback and building separation requirements for • several properties located at the Beaver Creek Ski Resort. r li i n Lion S uare Lod e and Vail Resorts are ro osin Under sepa ate app cat o, q g p p g to amend Chapter 5, Detailed Plan Recommendations, of the Lionshead Redevelopment Master Plan to facilitate the implementation of the proposed "restricted area" and the proposed encroachments into the prescriptive 10 foot setback area. III. BACKGROUND , The Lion Square Lodge East site was annexed into the Town of Vail in August of 1969 and originally constructed in 1971 as Phase I of the Lion Square Lodge Phases I, II, and III project. While minor renovations to the complex have . occurred over the years (main entry, pool, parking area, exterior building . materials, etc.); no significant redevelopment of the East building has occurred since its original construction. The Lion Square Lodge East is legally non- conforming in regard to numerous building and fire code regulations. 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 in review of this major exterior alteration application: is 2 • 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. " V. APPLICABLE PLANNING DOCUMENTS The following checklist was created to provide a means of evaluating the Lion Square Lodge North proposal for compliance with the Lionshead Redevelopment Master Plan. The checklist is intended for the Planning and Environmental Commission to use in conjunction with their copies of the Lionshead Redevelopment Master Plan to locate relevant portions of the Master Plan which pertain to this proposal. Lionshead Redeve/opment Master Plan • Chapter 2: Introduction Chapter 4: Master Plan Recommendations - Overall study Area Chapter 5, Detailed Plan Recommendations Chapter 6, Site Design Guidelines Chapter 7, Design Standards Chapter 8, Architectural Design Guidelines Zoninq Regulations Lionshead Mixed Use -1 Zone District 12-7H-1: PURPOSE: The Lionshead Mixed Use-1 zone district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a c/ustered, unified development. Lionshead Mixed Use 1 zone 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 P/an. • 3 This Zone District was specifically developed to provide incentives for properties • to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously esfablished 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. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape rmprovements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: ` A. Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection 8 of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. i. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section 12-11-4 of this title. 8. Major Exterior Alteration: The construction of a new building or the alteration . of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare 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. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 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. D. 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 tifle. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void two (2) 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. 4 • 12-7H-8: 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 Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment 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. 12-7H-10: SETBACKS: The minimum building setbacks shall be ten feet (10) unless otherwise specified in the Lionshead Redevelopment Master Plan as a build-to line. 12-7H-11: 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 sha/l 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. • 12-714-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shail be a/lowed 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. 12-7H-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (7091o) of the total site area, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-7H-15: LANDSCAP/NG AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in afl cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consu/tants. 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. • Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar 5 improvements. The intent of this section is to only require mitigation for large • scale redevelopment/development projects which produce substantial off site impacfs. VI. ZONING ANALYSIS Address: 660 West Lionshead Place Legal Description: Lot 1, Vail Lionshead Filing 1, Addition 1 Lot Area: 0.92 acres (40,003 sq. ft.) Zoning: Lionshead Mixed Use 1(LMU-1) ° Land Use Designation: Lionshead Redevelopment Master Plan Area Development Standard Allowed/Reauired Proposed Setbacks All Sides: 10 ft. min. 0 ft. (east)/10 ft.( others)* Building Height: 82.5 ft. max. 50 ft. max. 71 ft. average 49 ft. average Density (dwelling units): 36 DUs no change (27 existing) GRFA: 100,008 sq.ft. max. 42,308 sq. ft. (+8,561 sq.ft.) Site Coverage: 28,002 sq.ft. (70%) max. 15,751 sq. ft. (39%) Landscape Area: 8,000 sq.ft. (20%) min. 8,856 sq. ft. (22%) • "refer to the proposed amendments to Section 12.11, Ski Yard, and Section 12.12, Lion Square Lodge, Lionshead Redevelopment Master Plan. VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Residential Lionshead Mixed Use 1 District South: Mixed Use Lionshead Mixed Use 1 District East: Mixed Use Lionshead Mixed Use 1 District West: Mixed Use Lionshead Mixed Use 1 District VIII. MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1(LMU-1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; . • 6 I • Staff Response: The purposes of the Lionshead Mixed Use 1 zone district are stated in Section 12-7H-1, Purpose, Vail Town Code. As stated, the Lionshead Mixed Use 1 zone district is intended to provide sites within the area of Lionshead for a mixture of multiple-family dwellings, hotels, fractional fee clubs, restaurants, skier services and commerciaf/retail establishments. The development standards prescribed for the district were established to provide incentives for development in accordance with the goals and objectives of the Lionshead Redevelopment Master Plan. The applicant is proposing to construct additions to the existing Lion Square Lodge East dwelling units, to construct new entries with elevators and egress staircases, and a significant upgrade of the existing Lion Square Lodge East building exterior. The existing residential use of the Lion Square Lodge East (these units are often short-term rentals that function as "warm beds") comply with both the stated purpose of the Lionshead Mixed Use 1 District and the technical development standards of the district. Therefore, Staff finds that the major exterior alteration application complies with not only the intent of the zone district, but also the development standards of the district. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; ~ Staff Response: Chapter 2: Introduction Section 2.3 of the Lionshead Redevelopment Master Plan outlines the six . policy objectives of the plan: 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) Vitality and Amenities We must seize fhe opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, sfreeiscape, parks and other recreational improvements. 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 (`9ive beds" or "warm beds') through new lodging products. 7 4) Improved Access and Circulation • The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 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 residenfs. 6) Creatrve Frnancing for Enhanced Private Profrts and Public Revenues Financially creative and fisca/ly realistic strategies must be identified so that adequate capital may be raised from a/l possib/e sources to fund desired private and public improvements. Staff believes this proposed major exterior alteration conforms to these policy objectives. The proposal will significantly upgrade the architectural a and aesthetic quality of the Lion Square Lodge East property in keeping with the identity and character of the adjacent redeveloped properties such as Arrabelle, Marriott, Antlers, Montaneros, and Lion Square Lodge North. Staff also believes the new entries with elevators and egress stair cases will greatly improve the building's compliance with building and fire • codes, and vastly improve the safety of the residents and guests occupying the building. The existing Lion Square Lodge East building is only comprised of , dwelling units with no existing accommodation units, fractional fee units, or retail uses. However, many of these existing dwelling units are rented I to guests and function as "warm beds" (not "hot beds"). It is anticipated that the existing dwelfing units will continue to function as "warm beds" after the proposed renovations have been constructed. Chapter 4: Master Plan Recommendations Section 4.3 of the Lionshead Redevelopment Master Plan addresses the physical connection of Lionshead to the natural environment. Sub- Section 4.3.1.2 recommends a north-south axis orientation for buildings to lessen negative impacts to sun access and mountain views for streets and existing buildings. The applicant intends to maintain the existing north-south building orientation. Section 4.6 of the Lionshead Redevelopment Master Plan addresses vehicular and pedestrian circulation. The applicant is not proposing any changes to the existing parking lot which has been modified as part of the Arrabelle project. The applicant will be improving the sidewalks on the west side of the building, and bringing them into compliance with building • code and ADA standards. 8 ~ Section 4.8 of the Lionshead Redevelopment Master Plan addresses parking. This proposal does not effect the Lion Square Lodge East's parking requirement. The applicant is not proposing to change the existing parking lot. Section 4.9 of the Lionshead Redevelopment Master Plan addresses housing. With no changes in use, this proposal does not effect the employee housing requirement for the Lion Square Lodge East. Section 4.11 of the Lionshead Redevelopment Master Plan addresses public art. The applicant is proposing no public art at this time. Chapter 5: Detailed Plan Recommendations Section 5.12 of the Lionshead Redevelopment Master Plan addresses the entirety of the Lion Square Lodge (North, East, and South buildings). This detailed plan recommendation was drafted prior to the review and approval of the Arrabelle development project. In Section 5.12, concerns were noted about the no longer existing vehicular traffic through the Lion Square Lodge site and recommendations were made for an improved pedestrian connection between all the Lion Square Lodge buildings. With the current Arrabelle project, a significant portion of the vehicular circulation through the Lion Square Lodge is now located below grade. The pedestrian connection between all three buildings and the pedestrian • connection to the Lionshead ski yard and mall have also been enhanced. Section 5.12 also discusses the screening of parking at the Lion Square Lodge (primarily the East and South building's surface lot). The Lion Square Lodge parking lot was also reconstructed as part of the Arrabelle project. Chapter 6: Site Design Guidelines The entirety of Lion Square Lodge has coordinated with the Arrabelle project to improve the circulation and access for both vehicles and pedestrian adjacent to this site. Chapter 7: Development Standards This proposed major exterior alteration request conforms to the development standards of both the Lionshead Redevelopment Master Plan and the Lionshead Mixed Use 1 District. Chapter 8: Architectural Design Guidelines In addition to the Planning and Environmental Commission's review of a major exterior alteration request, the Town of Vail Design Review Board will also be reviewing this proposal for compliance with both the Town of Vail's general design guidelines and the architectural design guidelines of ~ the Lionshead Redevelopment Master Plan. 9 As this proposal involves the renovation of an existing building, rather • than the construction of a new building, the Lionshead Redevelopment Master Plan requires the review of the applicant's request on "a case-by- case basis, with determination of compliance based upon whether the building meets the general intent of these Guidelines and the tenants described herein" rather than the strict and literal compliance with the guidelines. Staff believes the applicant's proposal is consistent with the architectural style encouraged by the master plan and the character of the recently developed/re-developed adjacent Antlers, Marriott, Montaneros, Arrabelle, and Lion Square Lodge North. There are several "quantitative criteria" outlined in Chapter 8 of the Lionshead Redevelopment Master Plan related to the architectural design of the building. This major exterior alteration conforms with these guidelines, including wall spans, building materials, roof dimensions, roof • heights, roof eave heights, roof forms, wall surfaces, wall spans, etc.. Staff believes the applicant's request meets the intent of these guidelines, and is in keeping with the architectural and aesthetic qualities encouraged by the master plan. 3. That the proposal does not otherwise have a significant negative Effect on the character of the neighbortiood; and, Staff Response: • Staff has reviewed the proposal in an attempt to identify any significant negative impacts that may be created on the character of the neighborhood as a result of the construction of the project. The proposal conforms to the development standards of the Lionshead Mixed Use 1 District. Staff believes the proposal is in keeping with the general architectural style encouraged by the Lionshead Redevelopment Master Plan and the general character of the recently redeveloped adjacent properties including Antlers, Marriottt, Arrabelle, Montaneros, and Lion Square Lodge North. This proposal is subject to review by the Town of Vail Design Review Board. The Board is charged with ensuring that this proposal complies with both the Town's general design guidelines and the architectural design standards of the Lionshead Redevelopment Master Plan. , Staff does not believe the proposed additions significantly alter the general bulk and mass of the existing building, and the proposal remains in character with the scale of the neighborhood. By adding pitched roofs to this existing flat roofed building, as encouraged by the master plan, there will be only a slight change in the sun shade affect (refer to the attached sun shade analysis). Staff does not believe • this will have a significant effect on the adjacent properties in comparison to existing conditions. 10 ~ Since no new or additional uses are being proposed, Staff does not Ibelieve there will be a significant increase in vehicle trips or other negative traffic effects in comparison to existing conditions. In summary, Staff does not believe this proposal will have a significant negative effect upon the character of the neighborhood; instead this proposed major exterior alteration will redevelop the Lion Square Lodge East to be more in keeping with the intent of the Lionshead Redevelopment Master Plan. 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff Response: Staff has reviewed the Vail Comprehensive Plan to determine which elements of the Plan apply to the review of this proposal. Upon review of the Plan, Staff has determined that the Lionshead Redevelopment Master Plan element of the Plan applies. Staff also believes this proposal complies with the applicable elements of the Lionshead Redevelopment Master Plan (refer to criterion #2 above). in summary, Staff believes the applicant has presented evidence that the ~ proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 District, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan, that the proposal does not 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. IV. MITIGATION OF DEVELOPMENT IMPACTS Section 12-71-1-18, Mitigation of Development Impacts, states in part: "The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. " The applicant is proposing to address the impacts of the proposed encroachments into the north and east setbacks, in cooperation with Vail Resorts, bY establishin9 a «restricted area„ to function as a setback and to address building and fire code separation requirements. While this proposed "restricted area" will not follow the existing property lines, it is intended to better relate to the built conditions of the properties. This separation wifl be 20 feet in width, consistant with the setbacks of the Lionshead Mixed Use 1 District. The applicant is not proposing any other mitigation of development impacts at this time. . 11 X. STAFF RECOMMENDATION • The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the request for a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Lion Square Lodge East, located at 660 West Lionshead Place/ Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this major exterior alteration request with conditions, Staff recommends the Commission make the following findings part of the motion: "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, fhe 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 Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment 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. " ' Should the Planning and Environmental Commission choose to approve this • ' major exterior alteration request, Staff recommends the following conditions: Prior to Application for Building Permits 1) Prior to application for building permit, the developer must obtain Vail Town Council approval of a resolution amending the Lionshead Redevelopment Master Plan to allow for encroachments within the setback area adjacent to the Ski Yard. 2) Prior to application for building permits, the developer must obtain Town of Vail Design Review approval of this proposal. 3) Prior to application for bui/ding permits, the developer and Vail Resorts must enter into a legally binding agreement wifh the Town of Vail . memorializing the location and specific provisions of the "restricted area": Prior to Reauestinp a Temporarv Certificate of Occupancv 4) Prior to requesting a temporary certificate of occupancy for this proposal, the applicant must obtain Town of Varl approval of an amendment final plat to update Condominium Map to show the improvements associated with this proposed renovation. The applicant shall place a note on the plat acknowledging the potential negative impacts associated with encroachment into the setback areas adjacent ~ to the Ski Yard. 12 i • XI. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Proposed Architectural Plans D. Lion Square Lodge and Vail Resorts "Restricted Area" Agreement Text E. Public Notice • ~ 13 ; , . i Attac:tynrent: A , ~ ~ ~ ~ ~ ° 1 ""q~ ~.~~~'•l ~ a~~ 1n i w? ° . ~r~ • ~ ~ 61;~ ~ a'a ~ ' ~ ~ ~ 1, .:~,sri, a • .~a f L..- fr a ~~n r, k,~• g , , , ~ . 1•~y'~ ` ~ + ~ ~ 75 d~ %'Y` 9;•ry,„~;,_ J, p . L,' ~t~ L l.. < 4 ~ , ~ r Y ~ ~ ~ j1'9!' ~ ~ ~ CD .l .r m~a i CD , a ~ ~ ~ cN , • , ~ ~ , , ~ E ~ • 1 w N , . : r ~ t 4 ~ ~ _ ~yk +r. i i r a'+ ~:w . OL 077, `it i LU i w, W O ` ~y. t, , ~ . w ..Y+Na. ~ y.N,~l,~~° y.~y, ~ ' ~ ~ ~"'y~~'S Yl 'y`~• .l~ L6 ~ 0 m ~ I A IT w, ~ U . ~ ~ (c:`;ti , •j:'.1 rN~ ~~i ~ L C \ V qp 4 ~ I / ~ C:RFln ~ R'$ ~K4 ~d~ ~ ~O t Cr O E , ~ ~ ~ ~ ~ ~ C • ~I? ,;,at k ;01' O w ,ag".ANN& I -p ~ + ' ~ ~ . . , r q ~ ~ a.u~ A~~ ~ I'+vs. k { ! • r ~ ~ ~ ~ i+ s x- I !ry ^b , F aa...- ~r _ J {~1 F i~@ v I o.....Wm ~ ~ ~ ~ ~t~ ~ r ' . c(`IO 1~?jjj i';/~Y b x ~ Aw flop- „ - M E L i c K A S S O C I A T E S I N C Attachment: B LION SQUARE LODGE - EAST PROJECT COMPLIANCE - Lionshead RedeveloRment Master Plan 5/30/06 Submittal to Community Development for the PEC and DRB approval process Lionshead Mixed Use 1(LMU-1) District INTRODUCTION The Lion Square Lodge East Project is proposing to remodel the exterior of the existing building and add square footage to the existing units. This scope of work includes: 1. Adding 6'-0" to the east elevation at floors 1-3 for the full length of the project in the north/south direction. 2. Adding 5'-10" to the west elevation at floor 1 for the full length of the project in the north/south direction. 3. Adding 3'-10" to the west elevation at floors 2-3 for the full length of the project in the north/south direction. 4. Enclosing 7 out of 9 fourth level west decks (see plan). 5. Adding four entry pods to the west elevation at floors 1-3 to accommodate a new entry, elevator and exit stair at each existing entry. The elevator and egress for the southern most entry is proposed to be through Phase II/III (see plans). ~ 6. Adding new open egress stairs to the east elevation at floors 1-3. 7. Remodeling the building's exterior faqade and roof line. CHAPTER 5- LION SQUARE LODGE Pedestrian and Vehicular TrafFic - With the exception of a minor shift in the existing parking alignment to accommodate the new entry pods, there is no change to the existing pedestrian and vehicular circulation. Ski Yard Pedestrian Access - Ski Yard Pedestrian Access was primarily dealt with by Vail Resorts during the approval process for the Arrabelle project. Access to the ski yard is obtained from north and south of the East Building. Potential Development and Redevelopment Scenarios - The East project is undertaking major exterior renovations with the additions to the east and west for the existing units in the existing building. This project is not adding any density. CNAPTER 6- SITE DESIGN GUIDELINES Primary Pedestrian Mall - not applicable Seconda,ry Pedestrian Mall - not applicable Primary Pedestrian Walk - not applicable ! 25107 GENESEE TRAIL RD A R C H I T E C T U R E SUITE ONE HUNDRED ONE I N T E R I O R 5 GOLDEN CO 80401 P L A N N I N G TEL 303.534.1 930 WWW.MELICK.COM FAJ( 303.534.1931 - Secondary Pedestrian Watk - not applicable ~ Vehicular Pedestrian Retail Street - not applicable Pedestrian Path - The pedestrian walk along the west side of the existing building is being shifted slightly to the west to accommodate the new entry pods. The East project will be providing a landscape buffer between the sidewalk and the units to the east. This landscaping will be achieved with a mix of deciduous and evergreen trees to protect views and sun exposure. Ornamentals, perennials and annual flowers will be provided for a wide variety of textures and seasonal color. The landscape materials will not interfere with the pedestrian walk or snow storage requirements at mature growth. I Fences and Enclosures - Existing service functions for the East project are being achieved within the building footprint and therefore will not require supplemental fencing. Compliance with Town of Vail Streetscape Moster Plan - not applicable CHAPTER 7 - DESIGN STANDARDS Landscape Area - A minimum of 20% of the site will be landscaped as required. (see calculations attached) Site CoveraQe - A maximum of 70% of the site will be covered by structures as required. (see calculations attached) Setbacks - ~ I A minimum of a ten foot setback will be provided as required. The required setback is being achieved through an agreement with Vail Resorts to have them provide a no build zone on their property to allow the required setback for the expansion of the existing units to the east (see plan). The no build zone with recorded with either a variance or an amendment to the master plan. Gross Residential Floor Area (GRFAI - The GRFA will not exceed 250 sf of GRFA for each 100 sf of buildable site area. (see calculations and drawings depicting limits attached) Densi - Density is not being added to this project. New Unit Definition - not applicable Building Height - also see Chapter 8 The height of the existing building is not being increosed. The building height will not exceed 71 feet (average) and 82.5 feet (maximum). CHAPTER 8 - ARCHITECTURAL GUIDELINES Architecture - The form and massing of the building provides for a comfortable pedestrian scale and also breaks down the scale of the building utilizing a base, middle and top. Building Height - ~ i The building height fits within the maximum allowable of 71 feet (average) and 82.5 feet ~ (maximum). The maximum initial eave height falls within ihe allowable for remaining building frontage. The vertical wall face dimensions are broken with horizontal steps, changes in material and color to break down the massing of the building in order to provide for a higher quality and more interesting articulation. Exterior Walls - The exterior walls are designed with a base, middle and top. The rhythm and order of the renovated exterior on the existing building are dictated by the existing conditions. An effort has been made to break the roof lines and decks. Gable roof forms have been added at the deck elements to break the continuous horizontal line on the building and to provide an A, B rhythm. This is also enhanced with the use of painted metal railings and balusters at the balconies. Materials and Colors - The base is defined either with a different darker stucco color or stone, as well as a break in plane. The middle is defined by a lighter color of stucco. The top is defined by a change in material and texture with vertical siding the same color as the 'middle' stucco along with the roof and chimney form. All trims, eaves, rakes, trims, doors, and timber elements are tan. Window cladding is bronze. The colors were chosen to blend with the surrounding structures while providing a visual and psychological warmth to pedestrians. Window Sizes, Shal2es and Types - All windows have a consistency of size and proportion throughout the elevations. Operable windows will be casements and awnings. The windows will be aluminum clad, bronze. All windows will be trimmed, the color tan. Balconies. Guardrails and Handrails - ~ The balconies have been located to provide functional outdoor space and also to provide aesfhetic benefit and detail to the building exterior. Where balconies are not practical, they have been added to the building exterior as a'romeo and julieY balcony to provide visual detail and interest to the building exterior. The materials to be used for the handrail, pickets and posts will be painted metal. The design of the railing system is patterned after the order of the building exterior elevations. Roofs - The roof forms being used include hipped and unhipped gable roofs over existing balconies and new structures. The predominant gable roof forms being used take their cue from the simple, fragmented, gable roof forms of European villages. Roof overhangs will be constructed with the minimum 30 inch eave and rake overhangs along with the minimum of 18 inches at secondary roof forms. Ridge beams and outriggers will be visually sturdy members of 6x or 8x minimums. Rafter tails are not part of the exterior building vocabulary at this time. The roof pitch will be a 12:12 accept as noted othenwise on the drawings. The existing roof pitch is 6:12. The existing building structure will not accommodate adding a new roof form over the building. Snow fences are being provided in locations to protect pedestrians below from falling snow and will be painted metal. Gutters will be heat traced with interior downspouts. FireRlaces and Chimnevs - Stucco chimneys with open metal caps to promote air flow and screen spark arrestors are being provided for fireplace chimneys. ~ Parkin - The existing parking layout is being maintained in terms of layout, circulation and number of spaces provided. There is no increase in density being proposed. Gradinq - 1. Maximum Finished Grade - The maximum finished grode does not exceed a 2:1 slope. ~ The natural slope of the site is relatively flat. New grading to accommodate drainage will be blended into the natural topography. 2. Construction Fence - The construction site will be properly surrounded by a non- removable construction fence during the construction process. 3. Erosion Control - Erosion control measures will be utilized using the best management practices. The erosion control plan will be prepared by a registered Colorado Professional Engineer. Retaining Walls - 1. The retaining walls will be designed and stamped by a licensed P.E. Terrace landscape walls will be within the 4' - 6' maximum height range. Due to the relatively flat nature of the site retaining walls will not exist on slopes exceeding 30%. These walls will be veneered with stone. Geologic/Environmental Hazards - 1. The site does not contain snow avalanche, debris flow, rock fall, unstable soils or slopes or wetlands. ~ I I i LION SQUARE LODGE - EAST Zoning Calculations an oios ~ Required Proposed Comments Site Area over 10,000 sf 40,003 conforms I Setbacks 10 feet 10 feet min conforms see setback agreement plan Maximum Roof Heights 71' avg, 82.5 max 37'-0" avg, 45'-2" max conforms Density 133 % of exist. 133% of exist. cortfortns Allowable Units 36 Existing Units 27 Proposed Units 0 Total Units 27 GRFA 250 sf/100 si build. site area 118 sf/100 sf build. site area conforms Allowable 100,008 sf Existing 33,747 sf Proposed 42,308 sf Site Coverage 70% max 70% conforms Allowable 28,002 sf Proposed 15,751 si South Building 373 sf rLZn7d-sca.p,e 20% minimum 20 % conforms Minimum Required 8,000 sf Propod 8,856 sf Required Parking 1.4 per new dweliing unit 1.4 per new dwelling unit conforms • Existing existing New Required 0 Proposed existing Employee Housing Unit not applicable none conforms Snow Storage existing to remain conforms Building Eave Height at Remaining Areas 60' max. eave height conforms 12' min. step back conforms Wall Surface Criteria 35' maximum vertical face conforms horizontal step required con/orms Exterior Wall Spans 30' maximum span at street level conforms Primary Secondary Building Material Def. 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TM JJJ r . ~ a N { ~ fl ~ _ . . ~ ~ . ~ ~F~ ~ ~u ; I r' ) ~ i ~ . _ k ~iQ~; , 1 d l ~ r~'_I f ~ ~ P~ rW~,.s r , I . )VP ~ . , ~ Ll 1 1 ~ ~ m~ , L....__..._~___._.~__-_:_..Y... _ _...........n......~..~..n_~.~.-..:>~~_............~ I ~ t~• c ~ ' w ~ Attachment: D , • LIONSHEAD REDEVELOPMENT MASTER PLAN PROPOSED MASTER PLAN AMENDMENT July 14, 2006 5.11 Ski Yard add - 5.11.5 Restricted Area The Restricted Area, as depicted in Figure 5-15a and defined as running parallel to the stepping east fagade of the Lion Square Lodge (Phase I), not including the exterior decks and stairs, shall be increased from the required combined twenty feet dimension between buildings, to twenty six feet. The Restricted Area shall also be defined by a twenty foot dimension from the discharge point of the egress staiz's. This is being done in order to: 1. Meet a variety of building code and zoning ordinance requirements; and 2. Reduce potential future development of permanent above-grade structures in the ski yard to the east of ski yard's west property Iine within the Restricted Area. No vertical, above-grade permanent building shall be constructed on or • within the Restricted Area of the ski yard, provided, however, that the owner of the ski yard or the owner's permitee may construct underground improvements and above-grade non-habitable improvements, including but not limited to, balconies, roof overhangs, utilities and landscaping elements which are permitted within the Restricted Area on the ski yard, including but not limited to retaining walls, hardscape elements, and planting elements (but specifically excluding any vertical, above-grade buildings associated with such landscaping elements). Temporary facilities/tents for special events are specifically permitted within the Restricted Area on the ski yard. 5.12 Lion Square Lodge add - 5•.12.5 Restricted Area The Restricted Area, as depicted in Figure 5-15a and defined as running parallel to the stepping east fagade of the Lion Square Lodge (Phase n, not including the exterior decks and stairs, shall be inereased from the required combined twenty feet dimension between buildings, to twenty six feet. The Restricted Area shall also be defined by a twenty feet dimension from the discharge point of the egress stairs. This is being done in order to: ~ • 1. Meet a variety of building code and zoning ordinance requirements; and • 2. Reduce potential future development of permanent above-grade structures in the ski yard to the east of ski yard's west property line within the Restricted Area. No vertical, above-grade permanent building shall be constructed on or within the Restricted Area of Lion Square Lodge (Phase T), pzovided, however, that the owner of Lion Square Lodge (Phase I) or the owner's permitee may construct underground improvements and above-grade non-habitable improveznents, including but not limited to, balconies, roof overhangs, utilities and landscaping elements which are permitted within the Restricted Area on Lion Square Lodge (Phase I), including but not lirnited to retaining walls, hardscape elements, and planting ~ elements (but specifically excluding any vertical, above-grade buildings assoeiated with such landscaping elements). , 1330451.DOC1Atnd-MasterPlan-Lenguage-Cin3 • ~ • Y t ~ ~ 07- z ° ~ Ar , O ~ ~ V. S ~ a Q ' o x e Q w ' O ~ . ~ 0. 1 i 1 ~ p 1 . , • . ~ / ~ . . . • ' r J , ~ p , r , r- ~ - ~ ~ o ~ p I u ~ . ~ (D O O `p ~ I ' ? . .drJ ~ ~ ~ ~ ~ ~ . ~ ~ l / / / ~ ~ ~ . w Attachment: E *ViAE ~M 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 I Code, on July 24, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Lion Square Lodge East; a request for a final review of a variance from Section 12-7H-10, Setbacks, Vai1 Town Code, pursuant to Chapter 12-17, ~ 6y Variances, Vail Town Code, to allow for encroachments in the setbacks; and a request ~(Y I for a final review of a recommendation to the Vail Town Council for an amendment to ~ Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, to create build-to-lines to allow for encroachments in the setbacks; located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0041) Applicant: Lion Square Lodge East, represented by Bill Anderson Planner: Bill Gibson A request for a final review of a variance, from Section 12-613-6, Setbacks, Vail Town • Code, pursuant to Chapter 12-17, Variances, to allow for a garage addition within the front setback, located at 265 Beaver Dam Road/Lot 40, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0040) Applicant: David Cohen, represented by Fritzlen Pierce Architects Planner: Bill Gibson A request for a final review of a variance from Chapter 14-5, Parking Lot and Parking Structure Design Standards For All Uses, pursuant to Chapter 12-17, Variances, to allow for a garage entry opening to be 12 feet (12') wide instead of the required minimum width of twenty feet (20'), located at Vail Cascade ResidencesNail Cascade Subdivision, and setting forth details in regard thereto. (PEC06-0045) Applicant: Steve Lindstrom, represented by RKD Architects, Inc. Planner: Matt Gennett A request for a final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for tine installation of. a sanitary sewer line in th'e Gore Creek Floodplain, located at 3877 Lupine Drive/Lot 6, Block 1, Bighorn 15` Addition, and setting forth details in regard thereto. (PEC06-0046) Applicant: Roland and Jeanne Kjesbo Planner: Matt Gennett I A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3- I 7, Amendments, Vail Town Code, for proposed amendments to Chapters 12-21, Hazard Regulations, 14-7, Geologic/Environmental Hazards, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create Wildfire ReguTations that add • wildfire hazard to the Hazard Regulations and require mitigation in high and extreme wildfire hazard zones, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede L_ _ • MEMORANDUM TO: Planning and Environmental Commission ~ FROM: Community Development Department DATE: August 14, 2006 SUBJECT: A request for a final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for grading within the Gore Creek 100-year floodplain, to install public utilities, located on an unplatted parcel of land directly west of West Forest Road (a more complete location description is available at the Town of Vail Department of Community Development). (PEC06-0052) Applicant: Eagle River Water and Sanitation District Planner: Bill Gibson l. SUMMARY The applicant, Town of Vail, is requesting approval of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vaii Town Code, to allow for grading within the Gore Creek 100-year floodplain, to install public utilities, • located on an unplatted parcel of land directly west of West Forest Road and setting forth details in regard thereto. Based upon Staff's review of the criteria in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the requested floodplain modification, subject to the findings noted in Section VII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Eagle River Water and Sanitation District (ERWSD), is requesting approval of a floodplain modification request, pursuant to Chapter 14-6, Grading Standards, Vai! Town Code, to allow for the stabilization of the Gore Creek stream bank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road). A vicinity map has been attached for reference (Attachment A). The applicant is proposing to install a 116 foot segment of new sanitary sewer line to connect to existing lines. The installation of this new sewer line segment, and an additional manhole, will increase the capacity of the ERWSD's sanitary sewer service. This new sanitary sewer line will be located within the western portion of the West Forest Road Right-of-Way (owned by the Town of Vail), a small portion of 816 West Forest Road (owned by Vail Resorts), and an unplatted • portion of the Gore Creek stream corridor (owned by the Town of Vail). 1 . A 33 foot long portion of the proposed sanitary sewer line will be installed below • grade within the Gore Creek 100-year floodplain. Up to 800 sq. ft. of floodplain area could be disturbed due to the construction of this new line. While a portion of this construction is located within the 100-year floodplain, the proposed construction disturbance area is not located within the current Gore Creek live water channel. Since the Gore Creek water levels historically continue to lowering into the fall months, the applicant does not anticipate this construction will have any direct impact on live waters and no temporary diversion of the creek will be necessary. ~ Once installation of the proposed sewer line has been completed, the applicant is proposing to restore the existing, natural topography and the native vegetation of any disturbed areas. Therefore, there will be no permanent modification to the Gore Creek 100-year floodplain. The applicant's request (Attachment B), the proposed engineering drawings (Attachment C), and site photographs (Attachment D) have been attached for reference. The Town of Vail Floodplain Coordinator has reviewed this proposal and determined that it conforms with the technical requirements of the Vail Town Code (Attachment H). I11. BACKGROUND On August 1, 2006, the Vail Town Council granted an easement to the Eagle River Water and Sanitation District to allow for the construction of this project. A • description of that easement has been attached for reference (Attachment E). IV. ROLES OF REVIEWING BODIES Planning and Environmental Commission: The Planning and Environmental Commission is responsible for final approval, approval with conditions, or denial of a floodplain modification application. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoninq Requlations (Title 12, Vail Town Code) Section 12-21-10E, HAZARD REGULATIONS, DEVELOPMENT RESTRICTED (in part) E. The Administrator may require any applicant or person desiring to modify the f/ood plain by fill, construction, channelization, grading, or other similar changes, to submit for review an environmental impact statement in accordance with Chapter 12 of this Title, to establish that the work will not adversely affect adjacent properties, or increase the quantity or velocity of flood waters. Town of Vail Development Standards Handbook (Title 14, Vail Town Code) Chapter 14-6, GRADING STANDARDS (in part) • 2 • Floodplain Standards: No grading is permitted in the 100-year floodplain without Planning and Environmental Commission approval. If an applicant wishes to grade into the 100-year floodplain, an environmental impact report is required. The environmental impact report shall include impacts to vegetation, riparian areas, appropriate hydraulic engineering calculations to show no increase in water surface profile and velocity, as well as stating that there will be no adverse impacts to adjacent properties. No permanent improvements shall be constructed within 1' of the floodplain line. The floodplain line shall be determined by a registered professional land surveyor by plotting the appropriate elevation of the floodplain on a maximum 1"20' topographic 2' contour map using the adopted Town of Vail f/ood profi/es (the Federal Emergency Management Agency Flood Insurance Study). The topographic survey shall reveal the method for determining the starting point and the starting elevation for the floodp/ain delineation. A site specific study performed by a Professionai Engineer per FEMA guidelines and approved by the Town of Vail and FEMA may be required. VI. CRITERIA AND FINDINGS Floodpiain Modification A. The Planninci and Environmental Commission shall consider the followinq • criteria when reviewinca an application for a modification to the floodplain: 1. The proposed floodplain modification will not increase the quantity or velocity of flood waters. The applicant is proposing to restore the existing natural topography and native vegetation of any areas disturbed by this proposal, so there wilt be no permanent modification to the Gore Creek 100-year floodplain. Additionally, the Town of Vail Floodplain Coordinator's analysis (Attachment H) finds that there will be no adverse impacts to adjacent properties or measurable increase in the quantity or velocity of flood waters. 2. The proposed floodplain modification will not adversely affect adjacent properties. The applicant is proposing to restore the existing natural topography and native vegetation of any areas disturbed by this proposal, so there will be no permanent modification to the Gore Creek 100-year floodplain. Additionally, the Town of Vail Floodplain Coordinator's analysis (Attachment H) finds that there will be no adverse impacts to adjacent properties or measurable increase in the quantity or velocity of flood waters. • 3. Such other factors and criteria as the commission deems applicable to the proposed variance. 3 The Town of Vail Floodplain Coordinator has determined that this • project does not significantly change the environment and does not require the submittal of an environmental impact report pursuant to Section 12-12-2, Applicability, Vail Town Code. The appiicant has already received U.S. Army Corp of Engineers permit approval for the construction of this project (Attachment G). On August 1, 2006, the Vail Town Council granted an easement to ' the Eagle River Water and Sanitation District to allow for the construction of this project. I B. The Planning and Environmental Commission shall make the followinq I'findings before approvinq a floodplain modification: ' 1. The proposed floodplain modification will not increase the quantity or ' velocity of flood waters. 2. The proposed floodplain modification will not adversely affect adjacent properties. Vll. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and • Environmental Commission approves, with conditions, a floodplain modification request, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek stream bank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract I, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Willow Bridge Road), and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this request; the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicants' request for floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek stream bank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract 1, Block 5E, Vail Village Filing 1, (generally located east of the International Bridge on Wil/ow Bridge Road), and setting forth details in regard thereto, subject to the following conditions: 1. Prior to construction, the applicant sha/l comply with the requirements of all applicable local, state, and federal permits and approvals. • 4 ~ 2. Prior to construction, the applicant shall submit written documentation to the Town of Vail verifying Vail Resort's granting of an easement allowing for the construction of the new sanitary sewer line. 3. Prior to construction, the applicant shall coordinate all grading associated with this proposa/ with the State of Colorado Division of Wildlife to ensure the protection of fish and other aquatic species. 4. Within 30 days of comp/etion of the improvements/modifications within the 100-year floodplain, the applicant shall obtain Town of Vail approval of an as-built survey demonstrating that the 100-year floodplain was modifred in accordance with this approval. Should the Planning and Environmental Commission choose to approve this request, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. The proposed floodplain modification will not increase the quantity or velocity of flood waters, based upon the analysis by the Town of Vail Floodplain Coordinator. • 2. The proposed f/oodp/ain modification will not adversely affect adjacent properties, based upon the analysis by the Town of Vail Floodplain Coordinator. 3. The proposed floodp/ain modification will not have an adverse affect on the environment, based upon the analysis by the Town of Vail Floodplain Coordinator. " VI11. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Engineering Drawings D. Site Photographs E. New Sewer Easement F. Wetlands Study prepared by Watershed Environmental Consultant's, Inc. G. U.S. Army Corp of Engineers Approval H. Town of Vail Floodplain Coordinator Approval 1. Public Notice • 5 ~ t~~ Attachment: A ~ t4, q I t,~ E ; ~ ~a " i.~ ' x i..k (.u~IX.. ~r~i jf r .3;~. ~ r ~ ,~r - ~ ~ ° ~ ' .8' y ~~e1 ~ ' T ? 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Attachment: B EAGLE RIVER WATER 8c SANITATION DISTRICT Forest Road • Vail, Colorado 81E157 ~ ('i70) 476 -7480 • FAX (970) 47G-4089 July 21, 2006 Town of Vail Department of Community Developinent 75 South Frontage Road Vail, CO 81657 SUBJECT: FLOODPLAIN MODIFICATION SUBMITTAL REQUIREMENTS Dear Bill Gibson: The Eagle River Water & Sanitation District is proposing to begin a project that will allow a portion of sewer flow to by pass the Vail Waste Water Treatment Plant (VWWTP). This project is located west of Vail Village Sixth Filing, south of the VWWTP and Gore Creek. This construction is to be in the Gore Creek Floodplain and when the construction has been finished the existing grades will be restored. A pre-construction survey has been submitted and a post-construction will be submitted to show existing grades have been restored and that there is no impact to the 100 year floodplain. An Army Corps of Engineers Permit has also been submitted and this permit states that finished grade are to be restored to pre-construction conditions. Sincerely, c: .Ilnl Bo) d Tom Kassnie1 MMG/mnig • WATER, WASTEWATER, OPERATIONS & MANAGEMFI`JT SENVICES ~ F:\ISWSD\4ENG\CONSTENG\PROIECTSU3YYASS\PEC FLOODPLAIN LLTTER.DOC F " • ~ ~ R rl~~~ ~ ~t:~~tl~~~~~~'-~E~~1 i~}~i 7, < < it~~~?~~7 ~~~a~i~ ~1~~~t~t~ t 1 *S ~ . ~ st• ~ : ~ ~ ~ ; ' ~ ~ ~ 4 t y A4 ~~1,~ ~..Y A1\~~ ,s. ~ ~ ~ • •'r ~ ~ \~1°1~_-~ ~ ~t~ ~ ~ r ~i' ~J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ t ~ ~ ~7t~ ~ c ~ ~ ~ ~ ~ • ` , ~ ; rur~ , ; , ~ . ` ~r?~~ _ t , ~ ~ ~ ~ ''c ,e s~ • ~ 1 i• 00 1 i i ° 1 ~ N ~ o < Al 1 , S.~ ',I \ ~ q ~gf ' Rn' 5~~., ~ ri ; ~ a a BOB $0A ~ c ~ ~ e v yp I ~ ~ r e ~ti`4 ~ ~ ~ ~ . . m e0eo.7 .A .___II. . . ~ \ N ~AIN~ Y 1 ' ~ ` Z I 4 ~ \ Ze •4 4 . y L \ . ~ Y e0823 _4_~l • ~ . a~. i , x . i \i,, a~ w'm-- S ~y \ l ~ j~ ' . ~ ~ r PRB ~ r +1~ ~4~~? , eo9a. . _ _ . , ~ 3. , , ~ . 1 g 9a 9. ~I . ...._I. . , I \ + ~ I I I ' e105.3 .oN~5~2~~ ~ I Zodo~ I~ ~ P~ p r7~^ tl~ N ' y[~ O I TI O • ~ ~ o-: oe-~-a B. 1 »5 ARROYO~NGINEERING.iw_ UJ No. A~MSian a,a VAIL PEDESTRIAN BRIDGE SEWER BYPASS N m EAGLE RIVER WATER AND SANITATION DISTRICT SEWER PLAN AND PROFILE l 51 _ • ! ~ ~eS a-aaaoa:~ R ~ y t S - ; p 5 q^. 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' i ? r~ rv , . ay ,ri'- •d' y,,,.... '...~a ' t - a . . ' ' 3 y' ~ ti. ~ ~ a m~ ~ , ~ S ~ ~ti yt' , aw +»~aa ~ ' ~ jAa. ~ v~ o~* t~ *~±~Y}`uFw"~~,"'A' ~ ~ t r k r r • ~,rx~ ~ +'n y ra. J~'''uwr+,x t ~ • M ~ L n.4~' ' o,w ~ ~ x : ~ , ~ ' 1' ~ ~ ; ' Tst~~' n~ 'Y .~y. . t~2i ~,J~i+R a a ,ra t ~~'~'i, t M ;;~,7 ~ ~ ~ 1 ~ ~ a y!~' r . ~ •,a.~ 7f.,~+j..,.'~ In v . Attachment: E EXHIE31T A ~ I 0_* J r'~ . ~~1~ ,-!J ~f„i ~ • ~ r`" ~ ~ ~ / .,t-~ ~..i ' r.• ~ ' ~ .J ' I ' ' 0 ~ ~ ~ J ~„~l ~`S' ' ~ J ~ ' f ? ` ' / ' r 7 / / d? ~ ~ '°o ! r' ~ J/ ~ ` l~ ' ~ _ : ~ ~ ~ , ~ , a _ ~p i ( AW_~CSEMEN-T 20' SEWER raAoo \ ~ i ~ UNPLATTED R. L 15 O eho. S~WER EASEMENT r ~ ~ 5' TEMPORARY ~ CONSTRUCTION EASEMENT I ( LO? 15 VAII 'Al-LAGE, 51X7H FlUN I l I I ~ I~ I 1 1 gCALE' 20' ~ DRAFT 7-7-06 ARROYOcENGN~E~ RoN~ 7,",~ E SIXTH FILtiNG VAIL tLLp'G ~jLORAflQ' ~:vrd~Plnal~unN~b VAIL- u ~ 87b72 'p SEWER EA'gEt~AENT ~ ~g7D19161728.Fa 1~~I916.2750 PRopOSE Watershed Environmental Consultants, Inc. Attachment: F Wetland Sciences • Environmental Planning • Hydrology • Habitat Inventory/Restoration • Permitting P.O. Box 3722 Voice & Fax: 970l328-4364 Eagle, CO 81631 Website: www.waterfolks.com May 31, 2005 Mr. Mark Gilfillan U. S. Army Corps of Engineers 402 Rood Avenue, Room 142 Grand Junction, CO 81501 RE: Wetland Delineation and Pre-Construction Notification, Vail Pedestrian Bridge Sewer Main Bypass, Vail, Colorado Dear Mark, Please find the attached Wetland Delineation report and pre-construction notification (PCIJ) for the area south of Gore Creek near the Pedestrian Bridge west of Forest Road in Vail, Colorado. The applicant is the Eagle River Water and Sanitation District, in care of Mr. Lee Whittington of Arroyo Engineering at P.O. Box 2946, Edwards, Colorado. The ~ project is located within Section 7, Township 5 South, Range 80 West in Eagle Couirty, Colorado. Watershed Environmental Consultants, Inc. (WEC) are providing your office with a delineation of wetlands on the property and a pre-construction notafication (PCN) for a proposed sewer main bypass to disturb a portion of the associated wetlands. The proposed sewer main bypass is to be constructed in order to update existing facilities and to accommodate new construction. The total of the identified wetlands on the site is approximately 4.04 acres, and the proposed sewer main bypass will affect approximately 0.01 acres of wetlands. The project conshuction date has been set for autumn 2005. Mark, thank you for your time and please, feel free to contact me with any questions. Kind Regards, / Daiva Katieb, Principal , Enclosures: Wetland Deline,ation, Vail Pedestrian Bridge Sewer Main Bypass, Vail, Colorado Pre-Construcxion Notification, Vail Pedestrian Bridge Sewer Main Bypass, Vail, Colorado Cc. Arroyo Engineering, Mr. Lee Whittington, P.O. Box 2946, Edwards, CO, 81632; Eagle River Water and Sanitabion District, Ms. Linn Schorr, 846 Forest Road, Vail, CO 81657 ~ wa•tewshed 1'w6t-ar-'shedl adj: The region above a specific point on a stream from wh+ch water drains inco the stream. A turning ~ point, critical factor, and new waq of working with the environment. ~ ~ Wetland Delineation Vail Pedestrian Bridge Sewer Main Bypass Prepared for: Anroyo Engineering, LLC Mr. Lee Whittington P.O. Box 2946 Edwards, Colorado 81632 ~ Prepared by: Daiva Katieb, Principal Watershed Environmental Consultants, inc. P.O. Box 3722 Ea.g1e, Colorado 81631 May 31, 2005 ~ TABLE OF CONTENTS aye I. INTRODUCTION ................................................................. 1 II. METHODS ........................... .................................... 1 III. DESCRIPTION OF STUDY AREA ..................................... 3 SOII..S ..................................................:... 3 VEGETATION ............................................ 3 HYDROLOGY ............................................ 4 IV. RESULTS ............................................................................. 5 V. CONCLUSION ..................................................... 5 VI. REFERENGES ................................................................... 5 VII. Arr~NDICIES ........................:............................................. 7 LIST OF TABLES Table Pane I.. Wetland Plant Species List, Vail Pedestrian Bridge Sewer Main Bypass .......................... ~ 4 LIST OF FIGURES Fi¢_ ure 1. Project location map ............................................................. 2. Upstream view of riparian wetland (Al-A7) from the manhole (#0860) to the pedestrian bridge ...................... 3. View of sample point #2, within uplands ........................ 4. Overview of delineated riparian wetland ............ . .. . ...... . Paae 2 8 9 9 LIST OF A~'Y INDICES Annendix Paae A. Photographs of study site .......................................... 7 B. Data forms ............................................................ 10 C. Wetland delineation map for Vail Pedestrian Bridge Sewer Main Bypass ..................... 15 • ~ I. INTROpUCTION: The Eagle River Water and Sanitation District is initiating plans to develop a section of a sanitary sewer main line, w}uch wi11 tie urto two existing segments of sewer main line. The proposed line extends from the existiug manhole 0340) near the Vail pedestrian bridge at Forest Road on the south side of Gore Creek and extends approximately 116.27 feet in length to tie into the existing manhole 0860) adjacent to Gore Creek. This proposed woxk is limited to the south side of Gore Creek and is located in Section 7, Township 5 South, Range 80 West, UTM NAD 27: 380452mE, 4388623mN. The project is being conducted within the Town of Vail limits. The Eagie River Water and Sanitation District, Project Manager is Ms. Linn Schon, 846 Forest Road, Vail, Colorado 81657, 970.476.7480. Arroyo Engineering, Mr. Lee Whittington, P.O. Box 2946, Edwards, Colorado 81632, 970.926.2728, has designed the proposed line. Watershed Environmental Consultasrts, Inc. (WEC) have been retained by Arroyo Engineering to identify and delineate jurisdictional waters of the IJ. S. on the project site and advise of ariy permits as might be required from the U. S. Army Corps of Engineers (USACE). H. METHODS: Wetlands were evaluaxed by employing procedures described in the USACE Wetlands Delineation Manual(19$'n. A routine on-site inspection for wetland areas equal to or less than 5 acres in size was eonducted. Wetland boundaries were based on the prevalence of hytlrophytic vegetatioq hydric soils, and indicaxors of wetland hydrology. Section III, Description of Study ~ Area, of this report records the evaluation of the vegetation, soils, and hydrology of the site. Appendix A contains photographs of the site. Field forms for the vegetation, soils, and hydrology are included in Appendix B. Table 1 lists the domimant vegetation observed on the project site. The wetland boundazies were identified in the field with flags labeled alpha.numericaUy. These flagged paints were surveyed and the map is provided in Appendix C. Yail Pedestrian Bridge Sewer Main Bypass !Zti: _ , i ~ t{` ~ t ~~L-: ~ ~ i.%~~~ ~ , 1 ~i•. r~~ r( J~( ~ ~ ~ , 4` i,\1v~- ~ iG, IU , ~ f ' ~ • i / T , ? ti ~..r~ ~1~ ~~ti \ l/~ ~ i/>> iT „f 1 ~i ~ 1 ~ ~ , a\°.i'. •i , i ~"`~=1 `if~'\S, 1 _ /r~~ ~~('1' .r-!`~1' ~ ~N ~I ~ ` 1~ ~ 1 / ~-`~~.1, 1",._=-' ~ ~ ~ I ~L i s`~:` l~~J'~~~ ,c:~ / - ' ~ q,. ~ r+~'_' ~~;`~i l t,\~1 ` 'afl,~ ` • A m~ele bcefion ` i : Vl1~ yT - ,~~ti~~~' ~1y~;i~~-~~ ~"~~j'~ • ~ i ~ ~`h'''~ ~ ~'~-._.,,i '4 ~ t~'i 1 _ J~~~~}I( j ' ~ ~ 7 • • ~ r ' -~~.-...1~ f 1.„ eo y s ~ a , , / r: ~ ,r-~-.~-_ iy , ~ ~ - _ -v- J `l~~ , ~ ~ . ' • , , ' ~ ; j ` ~ii n ~ , , i r-l ~ ~ f ~ , ~ ~ 1 r ' -x``. '~~,'~%r ' ~ • ~ ~'-i ~ ~ ~ ~ i 1 ~ ~ 1 a.. tJIrV__,~ ~'r ~ I i H -Ar ~ ~ J ' ~ %~lli~ ~ ~ : , t ~ ~~t ,•,c ,i ` ? / ~ i~ ~ ~ 7'-., ~i' f ~ - .1 t I ~l ' ~~~7~~•~-~"~; r~ ' 1 ~ / ~ ~----•~t-` ' ~`~,ti ~f"_ , ~ ~ ;i ~~r ~~i. ` .~._'~d,;-~." i ~ {r"~--,rJy ~ ~ ~.'~~t~ r ` ~ x ~ ~ r- .u~. ~ ! ~_=--:1, ^~t ~ /r ~t l ~r ~ { ;~n., f~~ i~,/ / = r '~,.`z~~~ ~ ~ \ 1 ` ~r_ ~ ~ ~ C~~~ ~ / ~ ~~~1.I ~i? i"~ . ( ~r/~ \ \ `l \ ' ~ f ~~iJ`~~ f f ` ( ~ ~ 1 \ / t 'r, • ~ i TN ~~~taoitti a soo tome~tms M.p ~wd wNk 1C7401! D]0431imon16~opy~lc (www.n~4m~pop~aesadlopo) Figwe 1. Project location map. ~ 2 Yail Pedesirian Bridge Sewer Main Bypass • III. DESCRIPTION OF STUDY AREA: CliYnatic data for the project site is unavailable; however, va.iues have been obtained at station C02454, Eagle FAA Airport, elevation 6,500 feet, located approximately 27 miles, straight-line distance, west of the project site. The recorded mean annual precipitation is 10.66 inches and the mean annual temperature is 42.9° F, both values were averaged over 47 years of record (Western Regional Climate Center, 2005). Precipitation is relatively evenly distributed throughout the year, with slightly higher amounts occurning in late summer and autumn. The growing season, days with the Iow temperature above 32° F, is less iha.n 90 days. SOILS The Naturat Resource Conservation Service (NRCS) has not mapped the soils in this immediate location; however, much of the mapped sites within the alluvial areas along Gore Creek have been mapped as Forsey cobbly loam. It is likely that this soil assaciation is continued onto the projed site. Other mapped soil units on the banks of Gore Creek include Jeriy-MUerlake loams and Torriorthents-Camborthids-rock outcrop. All of these mapped soil series are Argic Cryoborols. The Forsey cobbly loam unit may have inclusions of sandstone rock outcrop, which compose approximately 5 percent of the total acreage. This association is typically found on alluvial fans, mountainsides, and ridges. The parent material is alluvium, residuum and colluvium derived from mixed mineralogy. These soils aze deep and well drained with a moderate permeability. ~ The soils observed on site were deep and well drained. No rock outcrops are Iocated on the parcel. The m-face layer of the soils were fairly uniform, mostly with only one, A, harizon. The deeper B-horizon was observed to the depth of the profile. No mottiing or gleying was observed I throughout the proffies. VEGETAT'ION Native, upland grasses and spruce (Picea spp.) characterize a large portion of vegetation on the upland portion of the site. A number of annuat weeds exist along the upland aress, this is due to regions of land disturbance. WiUow (Salix spp.), mountain alder (Alrrus incana), and other woody and herbaceous wetland plants characterized the riparian areas. Woods rose (Rosa woQdsii), cow parsnip (Heracleum sphondylium), and grasses composed the vegetation within the transition zone between wetlands and uplands. The followin$ table lists the plant species that were observed an and near the project site. 0 3 Yail Pedestrian Bridge Sewer Main Bypass Table 1. - Wetland Plant Species List, Vail Pedestrian Bridge Sewer Main Bypass ~ Scientific Common Family Origin* Wetland** Name Name - - Staius Almu.s incana Mountain alder Betulaceae N FACW Betular fontinalis Water birch Betulaceae N FACW Bromus carinatus Mountain brome Poaceae N NL Alreus incana Mourrtain alder Betulaceae N FACW Brvmus tectorum Cheatgrass Poaceae I NL Carex aquatilis Water sedge Cyperaccae N OBL Dcrctylis glomerata Orchardgrass Poaceae I FACU Elymus cartade»sis Canada wildrye Poaceae N FACU Heracleum sphondylium Cow pazsnip Apiaceae N FAC Koeleria macrantha Prairie junegrass Paaceae N NL Phleum pratense Timothy Poaceae I FACU Picecr engelmannii Engelmann spruce Pinace,ae N FACU- Picea pungens Blue spruce Pinaceae N FAC- Poa ferrdleriana Muttongrass Poaceae N UPL Pseudoroegneria spicata Bluebunch wheatgrass Poaceae N UPL Rosa woodsii Woods rose Rosaceae N FAC- Satiz eastwoodiae Mountain willow Salicaceae N OBL *Qd& I Introduced ~ N Native **Wetland Status NL Not Listed 1VI No Indicator UPL Obligate Upland FACU Facultaxive Upland FAC Facultative FACW Facultative Wet OBL Obligate HYDROLOGY Gore Creek is the active waterway that flows adjacent to the project site. Gore Creek is a perennial stream with its hydrograph dominated by snowmelt runof~ because of this it is to be expected that seasonal fluctuations of the groundwater table occur. Gore Creek is tnbutary to the Eagle River and flows to the Colorado River. Streamflow values for Gore Creek were obtained from the U.S. Geological Survey (USGS) strea.mflow gaging station # 09066310 GORE CREEK, LOWER STATION, AT VAIL, COLORADO. This gaging station is located just downstream of the project site. The period of 4 ~ varl Pedestrian Bridge SewerMai» Bypass ~ record is 12 years; the gage had operated &om September of 1988 to September of 1999. Mean monthly streamflow at this location is 118.2 cfs, the lowest monthly average (11.4 cfs) occurred in February and tkee highest monthly avera.ge (636 cfs) occurred in June. The drainage area of Gore Creek at tlus lacation is 77.1 square miles. IV. RESULI'S: One wetland was identified on the project site, Iabeled numerically from A1 to A7. This wetland occurred as tlie riparian wetland associated with the south ba.ak of Gore Creek from the existing manhole 0860) to the Vail Pedestrian Bridge. Aff aspects of wetlands, hydrophytic vegetatioq hydric soils, and indica.tors of wetland hydrology, were evidenced at the established area. This wetlaad is considered to be a jurisdictional water of the U. S. since it is adjacent to waters. The approximate area of the identified wetland is 1,830.85 square feet, or 0.04 acres, measured from the established wetland boundary to the approximate waters edge. Photographs of the site axe included in Appendix A and Field data forms are included in Appendix B. V. CONCLUSION: Background im?estigation and fietd inspection revealed wetlands along the riparian corridor of Gore Creelc. This wetiand was evidenced by hydrophytic vegetation, hydric soils, and wetlana hydrology. This is a rivezine wetland, totaling an area of appraximately 0.04 acres. The area estimation was estimated fram the approximate waters edge to the surveyed line of the identified wetlands. 40 A proposed sewer main line is to be developed on the property. The proposed area of imPact to the identified wetlands totals approximately 542.74 square feet or 0.01 acres. The USACE District Engineer will be notified of disturbance activities associated with the project. A Pre- Conshvction Notificatian (PCN) for activities, which qualify under the guida.nce of Nationwide Permit 12, Utility Liwe Discharges is attached. VL REFERENC'ES: Rced, B.R 1988. National List of plant Species that occur in wetlands; Colorado. U. S. Fish and Wildlife Service. St. Petersburg, FL. Stubbendieck, J., Ha.tch, S.L., ButterSeld, C.H. 1997. North American Ra.nge Plants, Fifth F.ciition. 'I'he University of Nebraska Press, Lincoln, Nebraska. U. S. Army Corps of Engineers. 1987. Wetlands Delineation Manual, Technical report Y-87-1. U.S. Army Corps ofEngineers Waterways Experiment Station, Vicksburg, MS. USDA, NRCS 1999. The PLANTS Databa.se (http:l/pla.nts.usda.gov/plants). National Plants Data Center, Baton Rouge,Louisiana 70874-4490 USA. ~ S Vail Pedestriart Bridge SewerMain Bypass USDA, NRCS 2000. Hydric Soils of the United States • (http://www.statlab.iastate.edu/soils/hydricn. Iowa Sta.te University Statistical Laboratory. USDA Soil Conservation Service. 1992. Soil Survey of Aspen-Gypsum Area, Colorado, Parts of E.agle, Garfield, and Pitkin Counties. U. S. Govemment Prirning C}ffice. Washington, DC. USDA, USGS 2005. Surface Water data for USA: Monthily Streamflow Statistics (http://waterdata.usgs.gov/nvAs/monthly). Reston, VA 20192. Western Regional Climate Center 2005. (www.wrcc.dri.edu). 2215 Raggio Parkway Reno, Nevada 89512. ~ 6 ~ Vail Pedestriarr Bridge Sewer Main Byprrss • APPENDIX A ` Photographs of study site 1 1; ~ i'ail Pedestrian Bridge Sewer Main Bypass A ~J ~t~•~-- . " r~{ ~ ~;`~t~ ~ 4t~r~.~M~~i~~•y~"~+~i, ~ ' ~S~ ~?y_ t$~y+a~y~~t tT t~gr~k~~ y c 6 F °5V» ~ k ' A ky,;~'~'"~ ~ ~~a ~ ~y ~ ~ d~~r'`~``~~~~~$k`1+~ r,~,+ ~Z~ty,~°! ~~~`~~i ~a~1~,~~~ ~ a~j.~ ~ j ~w ,~~1t,'1~11,~ ~ ,~'~5•~ ~~rt y~y~`,+'~ :;':'J~~r d~- .'L,k~C . ~I~h3A., ~'~u ~,~IC ~6~~'~~~~~~7~~} A~ ~'i ~~1~J~`~M v~~ ~r ZI ~ Y t.~^~ yµ,w ~ -k' ~ If+~ ~i . ~s d~N,~A~Y M fiti:J ~ l. ,r c Attin a~t y-t~e ; 7 5'~rr s'f ~v°~`N rn~ " ' ° . 'Ap il ,1i ,a~~ ~ r/'4 r~ ; s c~ ~ ~s at ' ~ ~,y.,~ ~1~~`,y ~ 3~ ~ ~ ? ~ ::J~ F ~'S~' sa~ y .A~ yA,~.^',~dr n~'r.. ~`t~'~ ,rs~ ~y,~ yr,., ~t : iMf. L, A° /,}t~ y ,~'t ~6 t ~ 4 ~ ~rI' ?N : . n r~~'+.~~~„ 'C~ ,~"yT y ~ Y v V ~ tin'Ae ~ ~?'hr ,t~ y j ~s~t~ t {s~ ~y,d'~ vk T Y~.rS' ~ ~ :r~ "i~-y~"~ v~ `4._.~,•,~" y ?'7a:~ ~ *~r ~ iw~ ~Af.^.i "S~';fr`~`a%~F, . ry~. Y~Be..w - Figure 3. View of sample point #2, withm uplands ~ € ~ y ~ y ~~A u.~ wM x.', ; g_' I.-C q~7P Ry,, ~K,-• y( ~xy~~ 5 ~ 4 ; ~~I~' d ~ F.~ rt t'~"~ r~ ~ i ~+•,J.". T ~ • ra, rAA,~ ~ ~ ~ 1 ~ ~ir ~,r ~ ' . ~ X "#'m"~t. ~aµ.~5 ~ ~ - w ~t CL r a .k ~ Skw Aq4i sr F s s,i,~ a a A Y!'TDmmatE'+ yr.~~1~M+e~+ •~'..."S` F 7+ 1y F ~ i 1 J ~ M 0 . C k+ ~uWlLil~~ 9~`~'~^•~ 4 x w ' ~ '`i +~b ` ` ~ s I)oLltl(~c'~1"}~ '~k d ,I t Jsk' , ~ ~ b . ~~,'~i~ ~,..~:..w..~r..a~a ~ , ~ Figure 4. Overview of delineaxed riparian wetland. i 9 Yail Pedestrian Bridge Sewer Main Byp's ~ . . .w~r.. . ! , . . w,.,, . . ~~~tYillh~fl?+1w~..,~:. + . `~~g .~...m r+r... ~ , . ' • '4ti. Y ~ ~ '~~~1 ~~9t i5~~ ;~p4~'~ ~'1 ~ y ~ k~ ~ ~ 11 pa b A7a f {'1 j ~ 1M1 ~~G'~, a~a~~«L`~k'+'~? . `"~~u ~,A~k~p AI I "f q~~8~?1 W -4', xrj,~ • ~t ~Ir. lY . ~ " i t y yY ~.."?t , . ~ A~~~~,~~t?~ h h'RY' k: aE x s~ ,Mr+ ~.~w.~ ~f A'a~^"'~+t"' ~d i xr r~ ~ ,~+I°+'~ ~ ~,n y ~ .~K'„ .:iuk ~ ~ . . Figure 2. Upstreann view of riparian wetland (A1 - A7) from the manhole 0860) ta the pedestrian bridge. ~ g Vail Peciestrian Bridge S'ewer Main Bypass ~ APPENDIX C Wedand delineation map for Vail Pedestrian Bridge Sewer Main Bypass • 15 ~ Yail Pedestrian Bridge Sewer Main Bypass ' 80lLS ~ AMRv thk Nerris (8nies and Phass): Dralnape Gtess: FIeW O!»ervetlans 7aianomy (SuhprouP): Confim IukPPW TYP•4 Yea No PMNA DoMtdRM AAaMz C.olor lul~lle Colors Motlb Abundance! 7etun. Conon~tions. ~amboL rerunn (M.,.ae MWM)_ (lAuwetl.yplMU Si~'.^~+tmt $r~+~•. am. D• ~ ~ o Z- ~ ` I*rlo Sol hdWalore: ,r t~Fl ipedon _ IiCQhnOn~ coment In sufio. t.syer In sanay soN. $uRklic Odor ~ QrqaNc 81maWnp In 8endy Sois ~ R~iduo~ ndk~fo~ Littsd on Loaal~yd~ic BoN~ tiet _ nlsysd or Lov~rChrorr~ Cobn Othwr !F-~nN~do~a~ft~o ~.Jst `temorke. ~ WETLAND DETEHMMATfON hlydraphytlc vepoOMfnn Preaeni't Yes tClyde> (Cticia) WaU~nd Fydeobgy Praeer~? Yes Hytlrfo Soils Pn~ser?t4 Yss 1 is tlde SempYng PdM Wilhin a Wolltt?d9 Yes Herrlfr'lat: APP+'QMed by FIQISACE 3W ~ eppal,aix e sbnk" E,a+mpla ota r-orms B3 ~ DATA FC?RM ROUTWE'WETLAND DEl'EFiMIAIATION . (1987 COE Wetlends Delineatbn Manual) • Projectlsite: r Dats: ApppcantlOwner: ' i ~ ~ • CO+ftY' ° Irnestipe?tor: f State: 12, Do Normal Cirarr~starces exist on the si#e? ~ i~b Commu~ity ID; S/vce Is the site sig?~iflcanty dlsturbed (Atypical SiEuation)? Yes I~b Transect !D: +s the area e potential Problem a~ea? Yas Nc, pkn Io: 1f needed lsin on rewse. VEGETATION .?~~afo~i a h?u L~~~ 4,i~ele~ aaWUCQ~ 1ndk*WL s. _ . 4~ 12 E 1 S. a 14 7, ta. PwmM oi Omntrant Spsdes that arr 08l„ FACW or FAC ~ • Ordudin FAC- . l/G ~ le's y - HYDROLOGY A.oorded paas (Qbaocdbe In Remarka): weHand Fydnaody ixiceam: L sUeem, uks, or Tica cinuo Pomsryr t?e+~e6ors: _ M'N Phobgraphs ~ hundatsd -Oihar ` 9suaded In U{per 72 inchee No RooortJod Dau IwiallehM ` Wa1er Nwke „ qriN i.lrm _ ~artrient D~posifa Fiefd Obeerwtlone: S Dralnsps Patterris in Wetfmde SaooMiry imJCS1an (2 ar more requlrod): oepn+ ar swraca weee?: W~sE~Y~ed I.esres ~ uppor t2 t~c??as~. Oapth b Fros WaMr In PIC Imd 8oY 6uwy Data _ FM-Wrul~al TaM 000A to Sat~xated 8Wk Ollwr (Expaln h Remarke) Reneft: la,6vr~ ~t'Gl s 2~v~ S2 APPendDc B 81a*end FaYJkmple Aate Fams i I s~r . soiLs Mikp s a ~ Nwo (Belf Phare): _-~'1 G V .1A°1, J praina" Clus: ~ Tr---- Fbld Obeenratbns taxarwmY (8ubproaP): Con6nn AMPPed Type9 Yei No Pmflla noterintion: Daplh FAaVixColor MottM Calora Modls Abundance/ 7okurs, GoncrsUona, mmlmn.._ (~1 (Ikmwg Wirt1 {~o~m~aet ~{~p. ate. SMAI 1".407 ?W?lc Sd hdWftm: , ~ ~ _ c«,~,b?s 8u1f~ Odor' h1Gh OrWnk Content h Surfa~ LAyor M 3andy Se~7a Soft Aqulc M~Dlefura F~pit~e _Lbbd on Loanl Fy~iric~ LNI i 7Qkys~d or L~a d-Ch~rorns coara (EVIsh ~ ~~~oa tlrt rr a r~,~'~'t~;Trha . f ~y,g ~Y"i~ ~G't.'t~,+' .~uY~'d~?i~c! GD~t~ Jf i7/ , WETLAND DETERMINATION Nydraphytlc YepaWion Preaent? Nu Irc Welpnd iiy~l~blo~y PrecerN? ~ ~C le) (Gkcli) WydrfC SMs Prassm4 No la Ws SempMq PotIt Wlthin a Wetlend? No Remarks: 904flan aj/' . k4o 4/" %02I" ~ . APPMVQd bY HOUSACE 3192 . ~ Appendlz 9 Bfank and Earampfe Data Farms 83 DATA PORM ROUTiNE WETLAND DETERMlINATION (1987 COE Wetlarxls Delirmtbn Manaaq ~ ' ~ C)ate: a i?45 tJ4 PtoJect/8ite: r f - 9 A~pNc~ntlOwner: oelie- Cour~y In~estt~ator: 1~, gtate,; C° Do Norrr~s! CirCtur~star~ces exist on the site? ~ Pb Ct~mmt~'~1ty iD: !s the site sig?~iricanty disturbed (Atypicet Sltuatbn)4 Yss Nu Trans~rct ID: ~ is the 8rea a poteritl~l Problem Area7 Yss Nb Pbt l0: ~ If needed !n on reverse. VEGETATqM u~+m~ M1d1~IQf ~j~f ~n~J a~$~._ a+r~aw~.- ~ ,r...~ 1~~ ~ 9,!?+;2a a J ,o ~ 4. 12 S 19. Q• 14. y 16. g, 16. - wroem of ncn,r?oM specles IM are o6L.. FAcw or FAC 15' tojobAkm FAC- . R~n~rks: ttYDROLOGY Hecortied Oah (Oeecrfbe ln Remerks): Wedend Hydrdopy+ htlleabore: 1 Stream, fatlro. or'I'Wa Cieupe PrMary 6'xllceta^a: ^ Aeiisl PholoWaph6 h1r1d9ted -Other ~ Sahureted In Upper 12 Inch" No Racardsd Dala IMralMbla WaOer Mrrb :zqrllt t.km ser6mant DeposRs F1ok! Obearvenons: Draftge Paitemm In Wafiends Sec:orAwy tWlromrs (2 a maro roquked): Dspth d 8u?(aae Weda'; Ox(dtted Eioot Ctwrulile kt l1PW 12 twhes WameaStrirwd Leavee Oepth to Froe WaW in Pft 00 LADW Od SurveY Dato G„ FAC-rM" Tmt nePn, to sabxvted soa: g ci,., _orrw (Exphdn MRen*ft) Ramaks: ~ ~l ~r? ~L ~.~G~c~ t~ -rs'~2'~. d~j~ zr',? D ~ajeC C,--eete' /ow Lv~~l°~ ~l rl ~ , :~j~~''' ~3t6?,:~ tu~it° }9'9if.'~~';;~i':~/'~'~ ~.i; ~':'%~~~''.i'~:f'r''_~,~`~ ~ B2 appendbc 8 Blmh and F.xwpio Doka Forma ~ APPENDIX B Data forms ~ I ~ ~ 10 Yail Pedestrian Bridge Sewer Main Bypass Pre-Construction Notification • Vail Pedestrian Bridge Sewer Main Bypass I May 31, 2005 APPLICANT'S NAME AND ADDRESS: Eagle R.iver Water and Sanitation District c/o Arroyo Engineering Linn Schorr Lee Wluttington 846 Forest Road P.O. Box 2946 Vail, CO 81657 Edwards, CO $1632 970.476.7480 970.926.2728 AGENT' S NAME AND ADDRESS: Watershed Environmental Consultants, Inc. Daiva Katieb P.O. Box 3722 Eagle, CO 81631 970.328.4364 I PROJECT LOCATION: ~ Vail Pedestrian Bridge, Forest Road Vail, Colorado Eagle County UTM NAD? 27: 380452mE, 4388623mN Section 7, Township 5 South, Range 80 West ' STREAM/WETLAND IlyPACT: The total acreage of identified riparian wetlands associated with the south side of Crore Creek is approximately 0.04 acres; see Wetland Delineation, May 31, 2005. The length of impact to the delineated wetlands is approximately 55.16 feet, and the total of wetland disturbance is approximately 0.01 acres from the proposed work. The area of imp$ct has been m;nimized by the design of the sewer line. PURPOSE AND NEED: . The proposed municipat sewer ma,in line is a new section of line to tie into existing sections af sewer main. Existing, undersized main line will be abandoned once the new segment is in place. The new section of sewer maim is needed in order to update the existing facilities and to accommodate new constructi4n. Tb.e existing manhole to wluch the new sewer line will tie into is currently within the riparian wetlands. The limited disturbance to the wetlands will occu.r from a portion of the new line extending to reach ~ 1 . ~ this existing manhole (#0860). The proposed sewer main line wiff be constructed upon verification and approval of this Pre-Constniction Notification. Construction is set to ' be$in in autumn 2005. DESCRIPTION OF WORK: . Silt fence protecting the waterway will be instaMed grior to any construction activity. A track hoe wiff be employed ta elccavate a trench, and the excavated material will be temporarily side cast in a manner in which it wiff not be dispersed by cuirents or other forces. The area of disturbance to the identified wetlands has been minimized to the extent possible. The proposed segment of sewer main line will be tied into the existing manholes. Once the utility line is iua place, the area will be backfilled with the topsoil from the trench and the disturbed region will be regraded to approximate pre-construction contours. Any excess material wiff be removed to upland areas immediately upon completion of construction. The disturbed area wiff be revegetated with native vegetation in order to stabilize the disturbance. The revegetation will include wetland plants, including willows (Salix spp.) within the identified wetland area. This will servc to stabilize and enhance the existing wetland habita.t upon the site. ~ QUANTITY OF FII,L: T'he only fill that will be placed into the identified wetlands is the proposed sewer main line and native backfill material excavated from the trench. F-NDANGERED SPECIES: No endangered species have been identified at the project location. PERMIT TYPE: Nationwide Pennit #12, Utility Line Discharges. I ATtJRE OF A NT: ~ 5 1,V140,5- t 7~. 7~ Daiva V. Katieb Date ~ 2 _ • ~ ~ y.. l~ ~ 1~5 \ ~ ~kT~ f ~ ~ ~"ir` ~ {j+1 ~~„'V i}~ ~ ~ ! ( /j f/ ~i. l/i~ ~I~/ )1, ! i~l ~ 1J~ , 'i r ; ~ I I = `ii' ! ; i.;,' + ~ ~ i l~/~ 1 - ~ ~4~ ~ " ' ~ ~~r ~ i i t ~ Il t \ ~ i~ I; i~ ~ i i I. ~ I' iG i~ (f `-'1 1i~ ~r'f~''~ ~ v_ 1 -'st~~~~~~ l;~``v~ 1J ; f z i ~ l i' ~'l,l J ~„~a~ ~ t J + ~ ` t t~`~~L~~ ,~\I ~4~t~ ITrJ ~ 1'r f ~ _~~\v', *~N(/~ .Z~\ ~ ti1 ~ ' ` ~ ~ ~ 1 ~s ,•w` -'rs~' ' ~~Il ~ , , , a ~ ~ , , l t ' ~ . ~ ~ ' """l \ ~~1 ~ ~ 1 ~~t( ~ ~ / ~ 1 I~`~: • 1': 4q, 1 - ' _ _ . # ' ~ ! ~1~ ..~J~ 1 ~ : t`~~'~,. . ~ , '-1-• ...\'`a~. 1 J ~ 1C. ~ r `lT 1 ~ • ~ ~i~ ~II~ • y__ ^t __.~;i~~~a~ _ 1 l,J ~ , r~:- •a ~ ,;r~ ~ s ~ ~ di ~ % ~ •A bnuon Y ' i 1 Va~l /r"?.f i~ i~ ~.~1~ tl r ~j , - • ~ / ~ }~`P I \ 1 i; I - y====^-..-~,,,~„~ ',1`~'• ~i ~\S ~{s+j,d'~~ > ~ m ,~t~,i~' P`~~~}{' ~ ~f '~i 1~ f? i ti ~ ~ ~ J ~ ~ ~ ~f \ t K • J) ot ; _ ' ='~1.,-~,-t~,,,`_.~ - fa. . ~ ~ ? ~~r ~~~'y~F ~ ~t,' r,~ ,/~~r `a ~~J` ~.,j ~ / _ r~r J• i~ \ ~ ~ , ~ 1~ ~ ~i J'/. r/ ~ f"~ f f • ~ ~ ~ _ ~ r \ ' ~ i r~ ' ~ f ~ t'._ ~ ~ ~ :.P 4~~` I ~ ~ 'f r 'r ~ ~ ` d t~S ~ _i-~'~~?+\ ~1~ I ~ ~-_'~G6o: , r ~'`~°P- ~ ~ I r ~ ~ ~ . ri ~ `t~ ; F~`~ ?ir". ;~1~ `Q`~~`. y,t~.•,~--!'r-~//~ ....~~=`~o.. E;.-~~k'~'~` aa ` `,`~b\~".~.,.. - =fJr~ /~t ~ i ~~L ~ w.~`~~ ~•.v ~ I f~ ~ ,V ` ~ \ ,(e~tfj i ~ ~r--?`-= ~.~r/ J l! ~ r r~ r~ ` \ 1~ , ~ r~l., -~°/~>>/l ~ ff / ~ ~`-f': '="%A''~ ~ ( \C' / /~~-^1' ~~~~1~, '\'~,~~1 ~ ~ "'1 - -~'~l/`~~~='%~~ ~ iT.'~ ~ \ ~ - `1; '~:4 ~`.`..._-J~ ~ / f0%• D~~1(tlU1kEl 0 'm ____..!D]DNCI[~6 MW arYd~il?TOPOW 020031i1b=i0aopqLc (wwwa~tm~pasrom~opo) Figure 1. Project locatipn map. ~ 3 OS B h3.48 aM ` ~ ~ \ NAwg. `,t26i1~ ~ ~ ~ ei WEi DEtnuf nt0 2005\VOtI Ped Bro9e Srr.4w9MasD ~ \ \ N F'1 f', ~ -~o 1 I 1' 11 ` 1 N~1E ~ F 4 E E E f~ l;, r F ~fAtPJ o N \ ~}w I , ` ~ ` ~ ~ + ~ ~ ~ N ~ O'~~~ \ ` ~ zA~~ m y S~ m pQ ?j iNE.~.RINGLLG `x~" ~ p,RROY ~G~NGINLLAINc! CONSULI~~' ~tP~N2 Z~ 1 m rn W N O ~ 1 ~ ~ w N J ~ , P.0.9nx2~ -B1rdEa~c 816)2. 9 2 b 2' 7J2 l ~ F,dxs9s7N0142b-2729, Fs: t~o> ~Al~~~ N C7 R1 wECLANDs ~ELtNEA~ON Attachment: G ~ DEPARTMENT OF THE ARMY . U.S. ARMY ENGINEER DISTFiICT, SACRAMENTO T ` CORPS OF ENGINEERS ~ 1325 J STREET ~ REPLYTO SACRAMENTO, CALtFORN1A 958142922 A"ENTwN oF Ju ly 6, 2005 Regulatory Branch (200575355) Ms. Linn Schorr Eagle River Water and Sanitation District 846 Forest Road Vail, Colorado 81657 Dear Ms. Schorr: I am responding to your June I, 2005, request for a Department of the Army permit for the Vail Pedestrian Bridge, sewer main bypass project. This project involves activities, including discharges of dredged or fill material, in waters of the United States to construct a new sewer main tie-in line. The project site is located at Black Gore Creek within Section 7, Township 5 South, Range 80 West, Eagle County, Colorado. Based on the information you provided, the proposed activity is authorized by Nationwide General permit number 12. Your work must comply with the general terms and conditions listed on the ~ enclosed Nationwide General permit information sheets. You must sign and return the enclosed Compliance Cextification to this office within 30 days after corapletion of the work. This verification is valid tor two years from the date of this letter, or until the Nationwide General Permit is modified or expires, whichever comes first. The Nationwide Permit is scheduled to expire on March 18, 2007. It is incumbent upon you to remain informed about changes to the Nationwide Permit Program. Please refer to identification number 200575355 in correspondence concerning this project. If you have any questions, please contact me at the address below, email Mark.A.Gilfillan@usace.army.mil, or telephone 970-243-1199, extension 15. ~ ~ Sincerely, Mark Gilfillan Biologist, CoZorado/Gunnison Basin Regulatory Office 400 Rood Avenue, Room 142 Grand Junctian, Colorado 81501-2563 Enclosures Copies furnished without enclosures: Ms. Daiva Rateib, Watershed Environmental Consultants, Incorporated, Post Office Box 3722, Eagle, Colorado 81631 Eagle County, Post Office Box 850, Eagle, Calorado 81631 ~ i ~ COMPLIANCE CERTIFICATION Permit File Number: 200575355 Permit Type: Nationwide General permit number 12 Naane of Permittee: Ms. Linn Schorr 846 Forest Road Vail, Colorado 81657 County Where Work was Performed: Eagle Date of IsBUance:July 6, 2005 Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: Colorado/Gunnison Basin Regulatory Office U.S. Army Corps of Engineers, Sacramento District Wayne N. Aspinall Federal Building 400 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with ~ the terms and conditions of the permit your authorization may be suspended, modified, or revoked. If you have any questions about this certification, please contact the Corps of Engineers office in Grand Junction, telephone number 970-243-1199, extension 15. I hereby certjfy that the work authorized by the above-refereaced permit, iacludiag alI the required mitigation, wae completed in accordance with the terms aad conditions of the permit verificatioa. Signature of Permittee Date ~ ~ • I ~ PUBLIC NOTICE FOR FINAL S7ATEWIDE REGIONAL CONDI710NS FOR THE NATIONWtDE PERMIT PROGRAM !N THE STATE OF COLORADO Riimw ,rvr,nf Action~ The foliowing are the final Regional Conditions to the Nationwide Permits within the State of Colorado. This action is in accordance with the authority of Sectian 404 of the Glean Water Act and Title 33, Code of Federat Regulations, Part 330.5(c). Nationwide Permits (NWPs) are generai permits issued on a nationwide basis to authorize minor activities with fittle or no paperwork and which would typically have minimai adverse effects on the aquatic environmenL Regional conditioning is a method to protect regionally high value waters of the United States, and other regionat situations to ensure that the NWPs will not authorize activities that result in more than minimal adverse effects on the aquatic environment Regional conditional idea{ly result in significant added protection to the aquatic environment without substantiaily increasing the Corps' workload. $ac(iground• On March 18, 2002, fhe reissued Nationwide Permits became effective. A public notice was issued on February 11, 2002, proposing modifications to the Regional Canditions to the Nationwide , Permits within the State of Colorado. This represents the firta! Regionat Conditions for Colorado. Enclosed with this ublic notice are the Re iona! Conditio s for NWPs ivi' p g n act tres within the boundanes of the state of Colorado. , Comment~ !n order to minimize impacts to the aquatic environment, the Corps has made, modifications to the Regional Conditions for MNPs in the State of Colorado. These Regional Conditions are now in effect ~ until such time the Nationwide Permits are modified, cevoked, or expire. Raymond G. Midkiff Veutenant Colonei, EN District Engineer Enclosure ~ FlNAL REGIONA(. CONDITiONS FOR NATIONWIDE PERMITS WiTHiN THE STATE OF COIORADO Enclosure 1 CRITICAL RESOURCE WATERS IN COLORADO ~ In accordance with General Condition No. 25 (Designated Critical Resource Waters) the following waters within the State of Colorado are designated as critical resource waters: a. QlitstandingN^tur^I Reaollrce Waters; Cache la Poudre Basin: All tributaries to the cache La Poudre River system, including all lakes and reservoirs, which are within Rock Mountain Naticna! Park; Laramie River. All tributaries to the Laramie River system, including all lakes and reservoirs which are in the Rawah Wilderness Area; ' North Fork Gunnison River. All tributaries to North Fork Gunnison River system, including lakes, reservoirs and wetlands within the West Elk and Raggeds Wildemess Area; North Platte River. All tributaries to the North Platte River and Encampment Rivers, including all fakes and reservoirs, which are in the Mount Zirkle Wildemess Area; San Migue! River. All tributaries, lakes, reservoirs, and wetlands within the boundaries of the Lizard Head and Mt. Sneffels Wilderness Area; ' I Roaring Fork River: All tributaries to ihe Roaring Fork River system, including lakes, reservoirs I and wetlands within the Maroon Bells/Snowmass Wildemess Area; Umcompahgre River: All tributaries to the Uncompahgre River system, including lakes, reservoirs, ~ I and wet(ands within the Mt. Sneffels and Big Blue Wilderness Areas; Upper Arkansas River Basin: All streams, wetlands, lakes, and reservoirs within the Mount Massive and Collegiate Peaks Wilderness Areas; Upper Colarado River: Mainstem of the Colorado River system including tributaries, lakes, , reservoirs, and wetlands within Rocky Mountain National Park; Upper Gunnison River Basin: All tributaries, lakes, reservoirs, and wetlands in the La Garita Wilderness Area. Aff tributaries to the Gunnison River system, including lakes, reservoirs, and wetlands within West Elk, Collegiate Peaks, Maroon Bells, Raggeds, Fossil Ridge, Oh-Be-Joyful and Big Blue Wilderness Areas; White River: Trapper's Lake and tributaries to Trapper's Lake; Yampa River: All tributaries to the Yampa River, including lakes, reservoirs and wetlands within Zirkle Wilderness Area. b, Imnortant , awning arAaS: In Colorado , important spawning areas are defined as "Gold Metal Waters' as identified by the State of Colarado. Gold Metal Waters are defined in the Colorado Fishing Season Information brochure, on the Colorado Division of Wildlife website www.dnr.state.co.us, or can be obtained at any Corps office in Colorado. ~ Regional Conditions Applicable to Specific Nationwide Permits Within Colorado + 1. ?he following are statewide regional conditions (a. through f.) a, Nationwid P r it tin 13 Aank sta qi7atian In Colorado, bank stabilization activities necessary for erosion prevention in streams that average less than 20 feet in width (measured beiween the ordinary high water marks) are limited to the placement of no more than 1/4 cubic yard cf material per running foot below the plane of the ordinary high water mark Activities greater than 1/4 cubic yard may be authorized if the permittee notifies the District Engineer in accordance with General Con dition No. 13 (Notification) and the Carps determines the adverse environmental effects are minimal. b. Nationwid - P.rmit Nn 27 Stream and WPsland RPCtoration A ivitiP_4;. (1) For activities which include a fishery enhancement component, natification wili include a letter from the Colorado Oivision of Wildtife concurrfing that the project will benefit the fishery; and (2) for projects in streams classifled as "Gold Metai Wa#ers", Nationwide Perrnit No. 27 may not be used. For such projects, the applicant can apply for the existing Colorado Regional General Permit No. G040-16900 (Stream Habitat Improvement Structures) or a standard individual permit Regional Conditions Applicable to All Nationwide Permits Within Colarado. c, $pmoval of Tem oraqr Fit(s, General Condition No. 24 (Removal ot Temporary fills) is amended by adding the foilowing: When temporary fills are placed in wetlands in Colorada, a horizontal marker (i.e, fabric, certifies weed-free straw, etc.) must be used to delineate the existing ground elevation of wettands that will be iemporarily filled during construction. _ d. (m rtan . awnip,g arPass, Generaf "Gondition No. 20 (Spawning Areas) is amended by adding ~ the following: In Colorado, activities which; (1) would destroy important spawning areas; (2) would be canducted in these waters during spawning seasons for trout and Kokanee salmon (spawning season for rainbow and cutthroat trout is March 15 through July 15, and for brown and brook trout and Kokanee salmon is September 15 through March 15); or (3) would have greater than minimal release of sediments during these spawning seasons are not authorized by any nationwide permit. Bio-engineering techniques, such as native riparian shrub plantings are required for all bank protection activities that exceed 50 linear feet in important spawning areas. Important spawning areas are identifled in the attached list of critical resource waters in Colorado. Regional Conditions for Revacations Specific to Certain Geographic Areas e. Fens. In Colorado, nationwide permits No. 1, 2, 4, 6-11, 13-19, 21-25, 26-31, 33-36, and 3944 are revoked for activities in these regionally important aquatic resources. Fens are defrned as wstlands which are characterized by water logged spongy ground and contain (in all or part) soi(s classified as histosols• or mineral soils with a histic epipedon`. To determine whether this provision applies, the entire wetland must be examined for the presence of histosols or histic epipedons. •Histosols have 40 centimeters (16 inches) or more of the upper 80 centimeters (32 inches) an organic soil material (ar less over bedrock). Organic seil' material has an organic carbon content (by weight) of 12 to 18 percent, or more, depending ori the clay content of the soil. Histic epipedons have a 20 to 60 centimeter-thick (8-24 inches) arganic soil horizon that is at or near the surface of a minerat soil. Histosols and histic epipedons are widely recognized as organic soits formed by slow accumulation of plant debris in waterlogged situations where it cannot decompose. (More information on histosols can be obtained from the U.S. Department of Agriculture, Natural Resaurces Conservation Service publications on KaycA to snii 13ynnamT end Figd Indicatnrs ot H ric Reils in the Llnited States . f. Springs: Within the State af Colorada, all nationwide permits are revoked within 100 feet of the water source of natural springs. A spring source is defined as any location where ground water emanates . ~ . M from a point in the ground. For purposes of this regional condition, springs do not inctude seeps or other discharges which do not have a defined channei. ~ Critical Resource Waters in Colorado (See Enclosure 1) ADDITIONAL INFORMATION 2, The foilowing provides additional information regarding minimization of impacts and compliance with . existing general Conditions: a. Permittees are reminded of the existing Gerteral Conditiort No. I8 which prohibits the use of unsuitabte materiai. Organic debris, building waste, asphalt, car bodies, and junk materials are not suitabfe materiat. Atso, General Condition No. 3 requires appropriate erosion and sediment controls (i.e. all fills must be properly stabilized to prevent erosion and siltation into waters and wetlands). Streambed matetiaf or other small aggregate material placed alone for bank stabilization will not meet General Condition No. 3, b. Permittees are encouraged to mitigate project impacts prior to or concuRent with project construction. This issue continues to be a'concem and the Corps prefers at this time to request that . nationwide permif notification submittais expticidy address prior to or concurrent mitigation or the reasons why mitigation cannot occur prior to or concunent with project construction. . Raymond G. MidkifF Ueutenant Colonel, EN . ~ I Oistrict Engineer Enciosure . I ~ . . (Iv) Access roads: The construction of access roads for the construction and maintenancx of utility tines, including ~ averhesd power lines and utility line substations, in non-tidal waters of the US excluding non-tidal waUands N atio n wid e adj acent to tidal waters, provided the discharges do not U S Army Corpc of cause the loss of greater than 'h-acte of non-tidal waters of Engenaers P e rmit S u m m a ry the US. Access roads shall be the minimum width Sacromerrto DWd 33 CFR Fan 330; Issuance of Nationwide necessary (see Note 2, below). Access roads must be Permits - January 15, 2002, lncluding constructed so that the iength of the road minimizes the Comectioq - Fe6ruary 13, 2002 advecse effects on waters of the US and as near as posstble to preconstruction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Accxss mads 12. Utility Ltne ActivIties. Activities required for the constructed above preconstruction contouts and elevations conatruction, maintcnance and npair of utility lines and 'u? waters of the US must be properly bridged or culverted to associated facilities in waters af the US as follows: maintain sutface flows. .(i) UtI[ity Iines: The construction, maintenance, or repair The term "utility line" daes not inetude activities which of utility lines, including outfall and intake structures and drain a water-ofthe US, such as drainage tile, or ftench drains; the associated excavation, backfill, or bedding for the utility however, it dces apply to pipes conveying drainage from another lines, in all waters of the US, provided there is no change in area. For the purposes of this NWP, the loss of waters of the US precomstruction contours. A"utility line" is defined as any inciudes the filled area plus waters of the US that are advasety pipe or pipeliae for the transportation of any gaseous, liquid, affected by flooding, excavation, or drainage aa a result of the liquescent, or slurry substance, for any purpaso, and sny project. Activities authorized by paragraph (i) through (iv) may cable, line, or wire for the traasmission for any pu¢pose of not exceed a total of 'h-acre loss of waters of the US. Waters of electrical energy, telephone, and telegraph messages, and the US temporarily affected by filling, flooding, excavation, or radio and television commtmication (see Note 1, below). dminage, whete the project area is restored ta preconstruction Material resulting from hmch exeavation may be contours and eievation, is not included in the calculation of temporarily sidecast (up to three months) into waters of the Pennanent loss of watexs of the US. This includes teraporary US, pravided that the material is not placed in such a construction mats (e.g., timber, steel, geotextile) used during manner that it is dispersed by currents or other forces. The construction and removed upon completian of the work. Whec+e ~ District Enginem may extend the period of temporary side certain fuc?ctions and vaiues of waters of the US are permanenUy casting not to exceed a total of 180 days, where agpropriate. adversely affected, sueh as the conversion of a forested weflaad In wettands, the top 6" to 12° of the trench should normalty to a herbaceous wetiand in the pemunentiy maintainod utility be backfilled with topsoil from the trench. Furtheimore, the line right-of-way, mitigation will be required to reduce the trench cannot be constructed in such a manner as to drain adverse effects of the project to the minimal level. waters of the US (e.g., backfilling with extensive gravel layers, creating a frcnch drain effect). For example, utility Mechanized land clearing necessary for the coastruction, line trer?ches can be backfilled with clay biocks to ensure maintenance, or repair of utility lines and the construction, that the trench does not drain the waters of the US through maintenance aad expgnsion af utility line substations, which the utility line is insialled. My exposed slopes aad foundations for overhead utiiity lines, and access roads is atream banlcs must be stabili2ed immediately upon authorized, provided the cleared area is kept to the minimum completion of the utility line crossing of each waterbody. necessary and preconstruction contours are maintained as near as possibie. The area of waters of the US that is filled, excavated, (i7 Uti6ty Iine substationa: The construction, or flooded must be limited to the minimum necessary W maintenance, or expansion of a substadon faciiity sssociated construct the utitity line, substations, foundations, and access with a power line or utility tine in non-tidal waters of the raads. Excess material must be removed to upland areas US, excluding non-tidal wetlands adjacent to tidal waters, immediately upon compietion of construction. 'i'his NWP may provided the activity dces not result in the loss of greater $uthorize uiility lines in ar afFecting navigable waters of the US than %:-scre of non-iidal watsrs of the US, even if there is no associated discharge of dredged or fill material (See 33 CFR Part 322). (iti) Foandations for overhead utility line towers, poles, and ancbors: The construction or maintenance of Notification: The permittee must notify the District fo?undations for overhead utility line towers, poles, and ~gineer in accordance with General Condition 13, if any of the anchors in all waters of the US, provided the foiu?dations are foliowing criteria are met: ffie minimum size necessary and stparate footings for each tower leg (rather than a larger single pad) are used where (a) Mechanized land clearing in a forested wetland for the feasible. utility liae right-of-way; ~ Natioawidc 12 Permit Summaiy P$Be 2 (b) A Section 10 pennit is required; 0 3. Soil Eros[on and Sediment Controla. Appropriate soil erosion and sediment controls must be used and maintained (c) The utility line in waters of the US, excluding overhead in effective aperating condition during construction, and all ~ lines, exceeds 500 feet; exposed soil and other fills, as well as any work belaw the ordinary high water mark or ltigh tide line, must be permanently (d) The utility line is placed within a jurisdictional area stabilized at the eazliest practicable date. Permittees are (i.e., water of the US), and it nms parallel to a stream bed eacouraged to perform work within waters of the United States that is within that jurisdictional area; during periods of low-flow or no-flow. (e) Discharges associated with the construction of utility ? 4. AquaHc Life Movementa. No activity may line substations that result in the loss of Breater than ' substantially disrupt the necessary life-cycle movements of those 1/10-acre of waters of the US. species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the (fl Permanent access roads constructed above grade in activity's primary purpose is to impound water. Culverts placed waters of the US for a distance of more than 500 feet; or in streams must be installed to maintain low flow conditions. (g) Pennanent access roads constructed in waters of the US O 5. Equipment. Heavy equipment working in weflands with unpervious materials. (Sections 10 and 404) must be placed on mats, or other measures must be takea to minimize soil disturbance. Note 1: Overhead utility lines constructed over Section 10 waters and utility lines that are routed in or under ? 6. Regional aad Case-By-Case Conditiona. The activity Section 10 waters without a discharge of dredged or fill must comply with any regional conditions that may have been material require a Section 10 permit; except for pipes or added by the Division Engineer (see 33 CFR 330.4(e)) and with pipelines used to transport gaseous, liquid, liquescent, any case specific conditions added by the Corps or by the state or slurry substances over navigable waters of the US, or tribe in its Section 401 Watcr Quality Certification and which are considered to be bridges, not utility lines, and Coastal Zone Management Act consistency deteraiination. may require a permit from the USCG pursuant to Section 9 of the Rivers and Harbors Act of 1899. ? 7. Wild and Scenic Rivers. No activity may occur in a However, any dischazges of dredged or fill material component of the National Wild and Scenic River System; or in associated with such pipeliz?es will require a Corps a river officialiy designated by Congress as a"study rivd' for pemut under Section 404. possible inclusion in the system, wlule the river is in an official study status; unless the appropriate Federal agency, with direct . Note 2: Access roads used for both construction and management responsibility for such river, has detetaiined in maintenance may be authorized, provided they meet the writing that the proposed activity will not adversely affect the tenns and coaditions of this NWP. Access roads used Wild and Scenic River designation, or study status. jnformation solely for construction of the utility line must be ' on Wild and Scenic Rivers may be obtained from the appropriate removed upon completion of the work and the area Federal land management agency in the area (e.g., National Park restored to preconstruction contours, elevations, and Service, U.S. Forest Service, Buresu of Land Management, U.S. wetland conditions. Temporary access roads for Fish and Wildlife Service). constcuction may be authorized by NWP 33. ? 8. Tribal Rights. No activity or its operation may impair Note 3: Where the proposed utility line is constructed reserved tribal rights, including, but not limited to, reserved or installed in navigable waters of the US (i.e., Section water rights and treaty fishing and hunting rights. 10 waters), copies of the PCN and NWP verification . will be sent by the Corps to the National Oceanic and ? 9. Water Quality. Almospheric Administration (NOAA), National Ocean Service (NOS), for charting the utility line to protect O(a) In certain states and tribal lands an individua1401 navigation. Water Quality Certification must be obtained or waived (See 33 CFR 330.4(c)). A. General Condirions. The following general conditions ?(b) For NWPs 12, la, 17, 18, 32, 39, 40, 42, 43, and must be followed in order for any authorization by an NWP to 44, where the state or triba1401 certification (either be valid: generically or individually) does not require or appmve water quatity management measures, the permittee must O 1. Navigation. No activity may cause more than a provide water quality management measures that will ensure minimal adverse effect on navigation. that the suthorized work does not result in more than minimal degradation of water quality (or the Corps ? 2. Proper Maintenance. Any structure or fill autliorized determines that compliance with state or local standards, shall be properly maintained, including maintenance to ensure where applicable, will ensure no more than minimat adverse public safety. effect on water quality). An unportant component of watez quality management includes stormwater management tha~ minimizes degradation of the downstream aquatic system, Nationwida 12 Permit Summary ' page 3 including water quality (refer to Genecal Condition 21 for ? 12. Historic Properties. No activity which may affect stormwater managetnent requirements). Another important historic properties listed, or etigi'ble far tisting, in the National component of water quatity managecnent is the Register of Historic Places is suthorized, until the District ! establishment and maintenance of vegetated buffers next to Engineer has cotnplied with the provisions of 33 CFR Part 325, ~ open waters, including streams (refer to General Condition Appendix C. The prospective per[nittee must notify the Dishict 19 for vegetated buffer requirements for the NWPs). Engineer if the suthorized activiry may affect any historic properties listed, detennined to be eligible, ar wtuch the This conditios? is only appiicabie to pmjects that have prospective permittee has reason to believe may be eligible for the potential to affect water quality. VJhile appropriate listing on the National Register of Historic Places, and shall not measures must be taken, in most cases it is not begin the activity until notified by the District Engineer that the necessary to aonduct detailed studies to identify such requirements of the National Historic Pr,eservation Aet have measures or to require monitoring. becn sadsfied and that the activity is authorized. Information on the location and existence of lustoric resources can be obtained ~ O 10. Coaataf Zone Management. In certain states, an from the State Historic Preservation Office and the National individual state coastal zone management consistency Register of Historic Ptaces (see 33 CFR 330.4(g)). For activities concurrence must be obtained or waived (see 33 CFR 330.4(d)). that may affeei histotic propeities listed in, or eligible for listing ~ in, the National Register of Historic Places, the natification must ~ 0 11. Endangered Species. state w6ich historic properiy may be affected by the proposed I work or include a vicinity map indicating the location of the I ?(a) No activity is authorized under any NWP which is historic property. IikeIy to jeopardize the continued existence of a threatened or endangered species or a species proposed for such 0 13. Notification. designation, as identified under the Federal Endangered SQecies Act (ESA), or which wilt destroy or adversely ?(a) Timing; where required by the terms of the NWP, modify the critical habitat of such species. Non-federal the prospective permittee must nodfy the District Engineer permittees s6a11 notify the District Engineer if any listed with a preconstrucdon notification (PCN) as early as species or designated critical habitat might be affected ar is possible. The District Engineer must determine if the in the vicinity of the project, or is located in the designated notification is complete within 30 days of the date of receipt ctitical habitat and shail not begin'work on the activity tmtii and can request addirional information necessary w make notified by the Disvict Engineer that the requirements of the t6e PCN complete only once. However, if the prospective ESA have been satisfied and that the activity is suthorized. permittee does not provide all of the requested information, . For activities that may affect Federally-listed cndangered or then the District Engiaeec will notify the prospective threatened species or designated critical habitat, the pennittee that the notificadon is stilt incomplete and the notification must include the name(s) of the endangered or PGN review process will not commence until all of the ~ threatened species that may be affected by the proposed requested infrnmation has been received by the District work or that utilize the designated critical habitat that may Engineer. The prospective permittee shall not begin the be affected by the proposed work. As s result of formal or activity: informal consultation with the FWS or N1lffS the District Engineer may add species-specific regional endangered O(1) Until notified in writing by the District speciea canditions to the NWPs. Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or ?(b) Authorization of an activiry by a NWP does not Division Engineer, or authorize the "ta[cd" of a threatened or endangered species as defined under the ESA. In ihe absence of sepazate ?(2) If notified in writing by the District ar suthorization (e.g., an ESA Section 10 Permit, a Biological Division Engineer that an Individual Pennit is required; Opinian with "incidental take" provisians, etc.) from the or USFWS or the NMFS, both lethal and non-ietha[ "takes" of ?(3) Unless 45 days have passed from ihe District pmtected species are in violation of the ESA. Information Engineer's receipt of the complete notification and the on the location of dhreaiened and endangered species and prospective pemrittee has not received written notice their critical habitat can be obtained directly from the offices from the District or Division Engineer. Subsequently, of the USFWS and NMFS or their wdrld wide web pages at the permittee's right to pmceed uader the NWP may be httn://www.fws.g_ov/flendsp.p/endspp.html and modified, suspended, or revoked only in accordance httn://www.nfins.nosa.gov/prot resJoverview/es.html with the procedure set forth in 33 CFR 330.5(d)(2). respectively. ~ Natioawide 12 Permit Summary Page 4 ?(b) Contents of Notification: The nodfication must be ?(ri) A statement that the single-family housing ' in writing and include the following information: activity is for a personal residence of the permittee; ?(1) Name, address and telephone numbers of the ?(iii) A description of the entirc parcel, • prospective permittee; including its size, and a delineation of wetlands. For the purpose of this NWP, parcels of Iand ?(2) Location of the proposed project; measuring'/a-acre or less will not require a foimal on-site delineation. However, the applicant shall ?(3) Brief description of the proposed project; the provide an indication of where the wetlands are • project's purpose; direct and ind'uect adverse and the amount of wetlands that exists on the environmental effects the project would cause; anY Property. For parcels greater than %.-acre in size, other NWP(s), Regional General Permit(s), or formal wetland delineation must be prepared in Individual Permit(s) used or intended to be used to accordance with the cuTrent method required by the authorize any part of the pmposed project or any rclated Corps. (See paragraph 13(fl); activity. Sketches s6ould be provided when necessary to show that the activity complies with the terms of the ?(iv) A written description of all land NWP (Sketches usually clarify the project and when (including, if available, legal descriptions) owned provided result in a quicker decision.); by the prospective pemnittee and/ar the prospective pcrrnittee's spouse, within a one mile radius of the 0 (4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, parcel, in any form of owners}up (including any 42, and 43, the PCN must a[so include a delineation of land owned as a parlner, corparation, joint tenant, affected special aquatic sites, including wetlands, ca-tenant, or as a tenant-by-the-mtirety) and any vegetated shallows (e.g., submerged aquatic vegetation, land on which a purchase and sale agreement or seagrass beds), and riffle and pool camplexes (see other contract for sale or purchase has been paragraph 13(f)); executed; 0 (5) For NWP 7(Outfall Structures and ?(10) For NWP 31 (Maintenance of Existing Flood Maintenance), the PCN must include information Control Facilities), the prospective permittee must regarding the original design capacities and either notify the District Engineer with a PCN prior to configurations of those areas of the faeility whcre each maintenance aetivity or submit a five year (or less) maintenance dredging or excavation is pmposed; maintenance plan. In addition, the PCN musf include all of the following: 0 (6) ForNWP 14 (Linear Transportation Projects), The PCN must include a compensatory mitigation ?(i) Sufficient baseline information idenrifying proposal to offset permanent losses of waters of the US the approved channel depths and configurations and a statement describing how temporary losses of and existing facilities. Minor deviations are waters of the US will be minimized to the maximum authorized, provided the approved flood control extent practicable; • protection or drainage is not increased; 0 (7) ForNWP 21 (Surface Coal Mining Activities), 0 (ii) A delineation of any affected special the PCN must include an Office of Surface Mining aquatic sites, including wetlends; and, (OSlv) or state-approved mitigation pian, if applicable. To be suthorized by this NWP, the District Engineer ?(rii) Location of the dredged material disposal must determine that the activity complies with the terms site; and conditions of the NWP and that the adverse environmentai effects are minimal both individually ?(11)ForNWP 33 (Temporary Constructioq and cumulatively and must notify the project sponsor of Access, and Dewatering), the PCN must also include a ' this detetmination in writing; restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resotaces; ?(8) ForNWP 27 (Stream and Wedand Restoration Activities), the PCN must include documentation of the ?(12) For NWPs 39,43 and 44, the PGN must also prior condidon of the site that will be reverted by the include a written statement to the District Fngineer percnittee; explaining how avoidance and minimization for losses of waters of the US were achieved on the project site; ? (9) ForNWP 29 (Singie-Family Housing), the • PCN must also include: ?(i) Any past use of this NWP by the Individual Permittee and/or the permittee's spouse; ~ Nationwide 12 Permit Summary • Page S C] (13) For NWP 39 and NWP 42, the PCN must ?(18) For activities that may affect historic include a compensatnry cnitigation proposai to offset propeRies tisted in, or eligible for listing in, the . losses of waters of the US ar,justification explainiag Nationat Register of Historic Places, the PCN must why compensatory mitigation should not be required. state which historic pmperty tnay be affected by the For discharges that cause the loss of greater than 300 proposed work or include a vicinity map indicatiug the linear feet of an intennittent stream bed, to be location of the historic praperty. authorized, the District Engineer must detemiine that the activity complics with the ather terrns and ?(c) Form of Notification: The siandard Individual conditions of the NWP, determine adverse Permit application form (Form ENG 4345) may be used as environmental effects are minimal both individually the notification but must cleariy indicate that it is a PCN and and cumulatively, and waive the limitation on stream must include all of the infoanation required in (b) (1)-(18) impacts in writing before the permittee may proceed; of General Condition 13. A letter containing the requisite infrnmation may also be used. ? (14)ForNWP 40 (Agricultural Activities), the PCN must include a compensatory mitigation proposal ?(d) District Engineer's Decision: In reviewing the PCN to o$set losses of waters of the US. This NWP does for the proposed activity, the District Engineer will nat authorize the relocation of grater than 300 determine whether the activity suthorized by the NWP wiIl lineat-feet af existing serviceable drainage ditches result in more than minimal individual or cumulative constructed in non-tidal streams unless, for drainage advecse enviromnental effects or rnay be contrary w the ditches constructed in intermiuent non-tidai streams, public interest 7'6e prospective permiuee may submit a the District Engineer waives this criterion in writing, proposed mitigation pian with the PCN tn expedite the and the District Engineer has determined that the process. The District Engineer will consider any praposed project complies with all tenns and conditions of this compensatory mitigation the applicant has included in the NWP, and that any adverse impacts of the project on proposal in deterrn+.+;,,g whether the net adverse the aquatic environment aze minimat, both individually environmeniai effects to the aquatic environment of the and cumulatively; proposed work are minimal. If the District Engineer I ' determines that the activity complies with the terms and ?(15) For NWP 43 (Stormwater Management conditions of the NWP and that the adverse effects on the I Facilities), the PCN must include, far the conswction aquatic environment are minimal, afia cansidering of new stormwater management facilities, a mitigation, the District Engineer will notify the permittee maintenance plan (in accordance with state and tocal and include any conditions the District Engineer deems I • requirements, if applicable) and a compensatory necessary. The District Engineer must approve az?y mitigation proposal to offset losses of waters of the US. compensatory mitigation proposal before the permittce For discharges that eause the loss of greater than 300 commenees work. If the prospective permittee is required linear feet of an intermittent stream bed, to be to submit a compensatory mitigation proposal with the suthorized, the District Engineer must determine that PCN, the proposal may be either canceptual or detailed. If the activity complies with the other terms and the prospective permittee eiects to submit a compensatory conditions of the NWP, determine adverse mitigation plan with the PCN, the District Engineer will environrnentat effects are minimal boih individually expeditiously review the proposed compensatory aritigation and cumulatively, and waive the limitation on stream plan. The District Engineer must review the plan withu? 45 unpacts in writing before the permittee may proceed; days of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure ?(16) For NWP 44 (Mining Activities), the PCN na more than minimal adverse effects on the aquatic must include a description of all waters of the US environment. If the net advecse effects of the project on the adversely affected by the project, a description of aquatic environment (afler consideration of the measures taken to minimize adverse effects to waters of compensatory mifigation pmposal) are detercnined by the the US, a descriptian ofineasures taken to comply with District Engineer to be minimal, the District Engineer will the criteria of the NWP, and a reclamation plan (for all provide a timely written response to the applicant. The aggregate rnining activities in isolated waters and response will state that the project can proceed under the non-tidal wetlands adjacent to headwaters and any hard terms and conditions of the NWP. rock/mineral mining activities); ' ? If the District Engineer determines that the adverse O(17)For activities that may adversely affect effects of the proposed work are more than miniznal, then Federally-listed endangered or threatened species, the the District Engineer will notify the applicant either: PGN must include the name(s) of those endangered or threatened species that may be affected by the proposed C] (1) that the project does not qualify for work or utilize the designattd critical habitat that.may authorization under the NWP and instruct the applicant be affected by the proposed work; and on the procedures to seek authorization under an Individual Permit; ~ Nationwide 12 Permit Summary Page 6 0 (2) that the project is aut6orized under the NWP ?(fl Wotland Delineations: Wetland delineations must be subject to the applicant's submission of a mitigation prepared in accordance with the current method required by proposal that would reduce the adverse effects an the the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcets aquatic environment to the minimal tevel; or less than Y.-acre in size). The permittee may ask the Carps • to delineate the special aquatic site. There may be some 0 (3) that the project is authorized under the NWP delay if the Corps does the delineation. Furthermore, the with specific modifications or conditions. Where the 45-day period will not start until the wetland delineation has District Engineer determines that mitigation is required been completed and submitted to the Corps, where to ensure no more than minimal adverse effects occur to appropriate. the aquatic environment, the activity will be authorized within the 45-day PCN period. The suthorization will ? 14. Compliance CertiScation. Every permittee who has include the necessary conceptual or specific mitigation received NWP verification from the Corps will submit a signed or a requirement that the applicant submit a mitigation certification regarding the completed work and any required proposal that would reduce the adverse effects on the mitigation. The certification will be forwarded by the Coips i aquatic environment to the minimal level. When with the suthorization letter and will include: conceptual midgation is included, or a xnidgationplan I is required under item (2) above, no work in waters of ?(a) A statement that the authorized work was dotte in the US will occur until the District Engineer has accordance with the Corps suthorization, including any I appmved a specific mitigation plan. generat or specific conditions; ?(e) Agency Coordination: The Distrid Engi.neer will ?(b) A staument that any required mitigation was consider any comments from Federal and state agencies completed in accordance with the pertnit conditions; and (c) concerning the proposed activity's compliance with the The signature of the pennittee certifying the completiam of terms and conditions of the NWPs and the need for the work and mitigation. mitigation to reduce the project's adverse environmental effects to a minimal level. O 15. Use of Multipie Nationwide Permita. The use of more than one NWP for a single and complete project is ~ For acdvities requiring notification to the District prohibited, except when the acreage loss of waters of the US En ' eer that result in the loss of greater than'/~-acre of suthorized by the NWPs does not exceed the acreage limit af the ~ waters of the US, the District Engineer will provide NWP with the highest specified acreage limit (e.g. if a road immediatel csiau'ie transmission, ovemight crossing over tidal waters is constructed under NWP 14, with . . Y ~eg. via fa mail, or other expeditious manner) a copy to the associated bank stabilization authorized by NWP 13, the appropriate Federal or state offices (CJSFWS, state maximum acreage loss of waters of the US for the total project ~ natural resource or water quality agency, EPA, State cannot exceed 1/3-acre). Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of NWP ? 16. Water Supply Intakea. No activity, including 37, these agencies wili then 6ave 10 calendar days from structures and work in navigable waters of the US or discharges the date the material is transmitted to telephone or fax of dredged or fill material, may occur in the proximity of a the District Engineer notice that they intend to provide public water supply intake except where the activity is for repair substantive, site-specific comments. If so contacted by of the public water supply intake structures or adjacent bank an agency, the District Engineer will wait an additional stabilization. 15 calendar days before making a decision on the notification. The District Engineer wili fully consider ? 17. Shellfish Beds. No activity, ineluding structures and agency comments received within the specified time work in navigable waters of the US or discharges of dredged or frame, but will provide no response to the resource fill material, may occur in areas of concentrated shellfish agency, except as prnvided below. The District populations, unless the activity is directly related to a shellfish Engineer will indicate in the administrative record harvesting activiry authorized by NWP 4. associated with each notification that the resource agencies' concerns were considered. As required by ? 18. Suitable Material. No activity, including structures Section 305(b)(4)(B) of the Magnuson-Stevens Fishery and work in navigable waters of the US or discharges of dredged Conservation and Managernent Act, the District or fill material, may consist of unsuitable material (e.g.,lrash, Engineer will provide a response to NMFS within debris, car bodies, asphalt, etc.) and material used for 30 days of receipt of any Essential Fish Habitat construction or discharged must be free from toxic pollutants in conservation recammendations. Applicants are toxic amounts (see Section 307 of the CWA). encouraged to provide the Corps multiple copies of notifications to expedite agency nolification. 0 , • Natioawide 12 Permit Summary _ Page 7 ? 19. Mitfgation. The District Engi.ueer will consider the both wetlands aad open waters exist on the pro,ject site, the factots discussed below when detercnining the accepiability of Corps will determine the appropriate cotnpensatory apPropriate and practicable rnitigadon necessary to offset mitigation (e.g., stream bufFers or wetlands compensation) adverse effects on the aquatic environment that are more tban based on what is best for tYie aquatic environment on a tninimal. wetershed basis. In cases wherc vegetated buffers are determined to be the most appropriatc form of ?(a) The project must be designed and camstructed to compensatory mitigation, the District Engineer may waive avoid and min;viiize adverse effects to waters of the US to or reduce the requirement to provide wetland compensatory the maximum exient practicable at the project site (i.e., on mitigation for wetland impacts. site). O(g) Compensatory mitigatian proposats submitted with ?(b) Mitigarion in all its forms (avoiding, minunizing, the "notification" may be either conceptual or detailed: If rectifying, reducing or compensating) will be required to the conceptual plans are appro ved under the verification, then extent necessary to ensure that the adverse effects to the the Corps will condition the verification W rcquire detaiicd aqnatic environment are minimal. plans be submitted and approved by the Corps prior to construction of the suthorized, activity in waters of the US. ?(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland impacts ?(h) Permittees may propose the use af mitigation requiring a PCN, unless the District Engineer determines in banks, in-lieu fee arrangernmts ar separate activity-specific writing that some other form of mitigation would be more campeasatory xnitigation In all cases that require I environmentally appropriate and provides a project-specific compensatory mitigation, the mitigation provisions will waiver of this requirement. Consistent with National policy, specify the party responsibie for accomplishing and/or the District Engineer witi establish a preference for oomplying with the mitigation plan. restoration of wetlands as compensatory mitigation, with O 20. Spawnfng Areas. Activities, including structures and . preservation used only u? exceptional circumstances. work in navigable waters of the US or discharges of dredged ar fill material, in spawning areas during spawning seasons must be ?(d) Compensatory mitigation (i.e., replacement or avoided to the maximum extent practicable. Activities that - substitutioa of aquatie resources for those impacted) witl not result in the pbysieal destruction (e.g., excavate, fill, or smother be used to increase the acreage losses allowed by the . downstream by substantial turbidity) of an important spawning acreage limits of some of the NWPs. For example, '/,-acre area are not authorized . of wetlands cannot be created to change a'/+-acre loss of wetlands to a'f-acre loss associated with NWP 39 ? 21. Management of Water Flows. To the maximum verification. However, ~6-acre of created wetlands can be extent practicable, the activity must be designed to maintain used to reduce the unpacts of a?~-acre loss of wettands to preconstruction downstream flow conditions (e.g., location, the minimum impact level in arder to meet the minimal capacity, and flow rates). Furthermore, the activity must not impact requirement associated with NWPs. permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to ?(e) To be practicable, the mitigation must be available impoLmd waters) and the structure or discharge of dredged or fill and capable of being done considering costs, existing material must withstand expected high flows. The activity must, technology, and lbgistics in light of the overall project to the maximurn extent practicable, provide for retaining excess purposes. Examples of mitigation that may be appropriate flows from the site, provide for maintaining sutface flow rates and practicable include, but are not limited to: reducing the from the site aimilar to preconstruction conditions, and provide size of the project; establishing and maintaining wetland or for not increasing water flows from the project site, relocating upland vegetated buffers to protect open waters such as water, or red"uecting water flow beyond preconstruction . streams; and replacing losses of aquatic resource functions conditions. Stream channelizing will be reduced w the minimal and values by creating, resioring, enhancing, or preserving amount necessary, and the activity must, to the maximum extent sunilar functions and values, preferably in the same practicable, reduce adverse effects such as flooding or crosion watershed, downstream and upstream of ths project site, ualcss the activity is part of a larger system designed to manage water flows. In ?(f) Compensatory mitigation plans for projects in or most cases, it will not be a requirement to conduct detailed near streams or other open waters will normally include a studies and monitoring of water flow. requirernent for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated This condition is only applicable to ptojeets thai have the buffers to open waters. In many cases, vegetated buffers potential to affect waterflows. Whiie appropriate measures must will be the only compensatory mitigation required. be taken, it is not necessary to conduct detailed studies to Vegetated buffers should consist of native species. The identify such measures or require monitoring to ensure their width of the vegetated buffers required will address effectiveness. Normaily, the Corps will defer to state and local documented water quality or aquatic habitat loss concems. authorities regazding management of water flow. Normally, the vegetated buffer will be 25 to 50 feet wide on • each side of the stream, but the District Engineers may require slighfly wider vegetated buffers to address documented water quality or habitat loss concerns. Where Natioawide 12 Permit Summary page 8 ? 22 Adverse Effects From Impoundments. If the activity creates an impoundment af water, adverse effects to the aquatic 0 (b) Discharges in Floodway; Above Headwatcrs. I system due to the acceleration of the passage of water, and/or the Discharges of dredged or fill materis] inio waters of the US restricting its flow shall be minimized to the maximum extent within the FEMA or locally mapped floodway, resulting in ~ ~ practicable. This includes structures and work in navigable permanent above-grade fills, are not suthorized by NWPs watets of the US, or discharges of dredged or filI materiat. 39, 40, 42, and 44. ? 23. Waterfowl Breeding Areas. Activities, including ?(c) The permittee must compiy with any applicable structures and work in navigable waters of the US or discharges FEMA-approved state or local floadplain management I of dredged or fill material, into breeding areas for migratory requirecnents. waterfowl must be avaided to the maximum extent practicable. ? 27. Construction Period. For activities that have not been verified by the Corps and the project was commenced or under ? 24. Removal of Temporary Fills. Any temporary fiils contract to commence by the expiration date of the NWP (or must be removed in their entirety and the affected areas returned modificatian or revocation date), the work must be wmpleted to their preexisting elevation. within 12-months after such date (including any modification that affecis the project). ? 25. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated marine sanctuaries, ? For activities that have been verified and the project National Estuarine Research Reserves, National Wild and Scenic was commenced or under contract to commence within the Rivers, critical habitat for Federally listed threatened and verification period, the work must be completed by the date endangered species, coral reefs, state natural heritage sites, and determined by the Corps. outstanding national resource waters or other waters officially designated by a state as having particular environmental or ? For projects that have been verified by the Corps, an ecotogical significance and identified by the District Engineer extension of a Corps approved completion date may aRer notice and opportunity for public cornment. The District requested. This request must be submitted at least one Enginar may also designate additional cridcal resource waters month before the previously approved completion date. after notice and opportunity for comment. B. Further Info»nation O(a) Except as noted below, discharges of dredged or 1. District Engineers have authority to determine if an activity fill material u?to waters of the US are not authorized by complies with We terms and conditions of an NWP. NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 2. NWPs do not obviate the need w obtain other Federal, state, 44 for any activity within, or directly affecting, critical or local permits, approvals, or authorizations required by law. • resource waters, including wetlands adjacent to such waters. 3. NWPs do not grant any property rights or exciusive Discharges of dredged or fill materiais into waters of the US priviteges. may be authorized by the above NWPs in National Wild and 4. NWPs do not authorize any injury to the property or rights Scenic Riveis if the activity complies with General of others. Condition 7. Further, such discharges may be suthorized in 5. NWPs do not authorize interference with any existing or designated critical habitat for Federally listed threatened or proposed Federal project, endangered species if the activity complies with General Condition 11 and the USFWS or the NMFS has concurred C. Reeional Condidons for NaHonwide Permits - in a determination of compliance with this condition. Sacramento District ?(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25; 27, I. Regional Conditions to be applied across the entire 28, 30, 33, 34, 36, 37, and 38, notification is required in Sacramento District: accordance with General Condition 13, for any activity proposed in the designated critical resource waters including ? 1. Nationwide Permits 14, 29, 39, 40, 41, 42, and 44 wetIands adjacent to those waters. The District Engineer are withdrawn from used in histosols, including fens. Far may suthorize activities under t6ese NWPs only after it is the used of all other nationwide permits in fens, project deterrnined that the impacts to the critical resource waters proponents are required to notify the Corps using the will be no more than minirnal. notification or PCN procedures of the nationwide pennit program (General Condition 13). T6is will be a"Corps O 26 Fills Within 100-Year Ftoodplains. For purposes of only" notification. this General Condition, 100-year floodplains will be identified through the existing Federal Emergency Management Agency's ? 2. For all activities using any existing and proposed (FEMA) Flood Insurance Rate Maps or FEMA-approved local nationwide permits, mitigation that is required by special floodplain maps. condition must be completed before or concurrent with project construction. Where project mitigation involves the O(a) Discharges in Floodplain; Below Headwaters. use of a mitigation bank or in-lieu fee, payment must be Discharges of dredged or fill material into waters of the U5 made to the bank or fee-in-lieu program before commencing within the mapped 100-year floodplain, below headwaters construction of the permitted activity. (i.e. five cfs), resulting in permanent above-grade fills, are ~ not authorized by NWPs 39, 40, 42, 43, and 44. Atstionwide 12 Pc:mitSammary ~ Page 9 0 3. For all nationwide permits requining notification, except 27, the applicant must provide a written statement to • the disuict eagineer explaining how avoidancc and minimization of loses of waters of the United States were achieved on the project site. H. Regionat conditions to be applied in California and Nevada. O All existing and proposed nationwide permits are suspended in the Lake Tahoe basin in favor of using General Permit 16. M. Regional conditions to be applied in Utah ? For use of any nationwide permit with the following attributes, notification of the Corps of Engineers' Utah Regulatory Office, using the `Notification" procedures of the Nationwide Permii Program (Gcneral Condition 13), is required, except where certain nationwide permits are restricted and can not be used as indicated in each category. This will be a"Corps only" notification. D 1, All activities that will affect waters of the U.S. below the elevation 4217 feet msl adjacent to the Great Salt Lake and below 4500 feet msl adjacecrt to Uta6 Lake. ? 2. Bank stabilization in a perennial stream that would affect more than 100 feet of stream length as measured from the upstream portion of the affected bazilc to the downstream section, narrow the ~ cross-section of the stream, subatantially reduce the riparian vegetation, or increase velocities. ? 3. Ali activities that will affect springs. A spring is an aquatic feature caused by ground water being . discharged to the surface, creating wetland and/or stream characteristics. Nationwide Permits 14, 16, 18, 29, 33, 36, 40, 42, 43, and 44 can not be used in spring arcas. . ' Attachment: H , • TOWN OK~ Department ofPacblic Works cg Transportation 1309 Elkhorn Drive Vail, CO 81657 970-479-2158 Fax: 970-479-2166 www.vailgov.com MEMO To: Bill Gibson, Town Planner From: Tom Kassmel, Town Engineer, Floodplain Administrator Re: ERWSD Sanitary Sewer line- grading within Floodplain Date: 8/07/06 Based on the review of the Eagle River Water and Sanitation District's plans and letter dated July 21 S`, 2006, regarding the construction of a new sanitary sewer line within the unplatted Tract along Gore Creek just west 00 the West Forast Rd. Bridge, I recommend approval of grading within the floodplain. This approval shal] be conditioned with the requireinent that ERWSD provide an As-Built survey of the dishirbed areas that shows that there has been no change to finish grade within the 100 year floodplain. ~ ' Attachment: I • AFFECT *ViAl ~I~.THlS ITEM MA UBL C NOTI~CER PROPERTY NOTICE IS HEREBY GIVEN that the Pianning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on August 14, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exernption Ptat Review Procedures, Vail Town Code, to allow for a combination of two lots into a single lot, Lots 12 and 13, Bighorn Subdivision, located at 4024 Willow Way and 4026 l.upine Drive, Bighorn Subdivision, and setting forth details in regard thereto. (PEC06-0051) Applicant: Trudy Thomas Planner: Warren Campbell A request for a recommendation to the Vail Town Council of an amendment to Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, to further identify opportunities for the future redevelopment of the Lion Square Lodge, located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0056) Applicant: Lion Square Lodge East, and Vail Resorts, represented by Chip Melick • Planner: Bill Gibson A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Lion Square Lodge East, located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth detai(s in regard thereto. (PEC06-0041) ' Applicant: Lion Square Lodge East, and Vaif Resorts, represented by Bill Anderson Planner: Bill Gibson A request for a final review of a ffoodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for grading within the Gore Creek 100-year ~ I~ floodplain, to install public utilifses, located on an unplatted parcel of land directly west of West Forest Road (a more complete location description is available at the Town of Vail V" Department of Community Development). (PEC06-0052) Applicant: Eagle River Water and Sanitation District Planner: Bill Gibson A request for final review of a conditionaf use permit, pursuant to Section 12-8D-3, Conditional Uses, Vail Town Code, to allow for the redevelopment of ski racing faci)ities; and a request for a final review of a minor amendment to the Golden Peak Ski Base Development Plan, pursuant to Section 12-8D-6, Development Plan Required, to allow for an interior addition within the Children's Ski School building and the redevelopment of the race course finish building, located at 498 and 598 Vail Valley Drive/Tract B, Vail • Village Filing 7, and setting forth details in regard thereto. (PEC06-0057 & 0058) Applicant: Vail Associates, Inc., represented by Jay Peterson Planner: Elisabeth Reed ~ MEMORANDUM ~ ' TO: Planning and Environmental Commission ' FROM: Community Deveiopment Department DATE: August 14, 2006 SUBJECT: A request for final review of a conditional use permit, pursuant to Section 12-8D-3, Conditional Uses, Vail Town Code, to allow for the redevelopment of ski racing facilities; and a request for a final review of a minor amendment to the Golden Peak Ski Base Development Plan, pursuant to Section 12-8D-6, Development Pian Required, to aliow for an interior addition within the Children's Ski School building and the redevelopment of the race course finish building, located at 498 and 598 Vail Valley Drive/Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC06-0057 8 0058) Applicant: Vail Associates, Inc., represented by Jay Peterson Planner: Elisabeth Reed 1. SUMMARY The applicant, Vail Associates, represented by Jay Peterson, is requesting an amendment to an approved development plan within fhe Ski Base Recreation (SBR) zone district, in accordance • with Section 12-8D-6, Development Plan Required, Vail Town Code, to allow for an interior addition within the Children's Ski School Building and a Conditional Use permit, pursuant to Section 12-8D-3, to allow for tthe redevelopment of the race course finish building, located at 498 and 598 Vai! Valley Drive. Staff is recommending approval with conditions of the proposed requests, subject to the findings and criteria as noted in Section VIII of this memorandum. i II. DESCRIPTION OF THE REQUEST The applicant, Vail Associates, represented by Jay Peterson, is requesting an amendment to an approved development plan within the Ski Base Recreation zone district, to allow for an increase in gross square footage at the Children's Ski Schoo! Building. According to the Ski Base Recreation District, a development plan is required for any development occurring within the District, which must be reviewed and approved by the Planning and Environmental Commission. Any amendments to an approved development plan, such as the one being proposed today, are considered in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code. The requested amendment to increase the square footage of the Children's Center is being prompted by crowded working conditions that exist within the 2"d story office space of that building. No additionaf staff will be added as a result of the infill. The second request, the "redevelopment of ski racing facilities", is being prompted by the failing condition of the existing race shack. The race shack is located just east of the Riva Bahn Express Lift and adjacent to the "Golden Peak Race" run. The existing shack is two stories tall and approximately 9,000 square feet in size and is located nearby a similar building that exists for storage and is about 750 square feet in size. Both structures are proposed to be demolished ~ 1 .1 and replaced with one new structure. The new race building will be a two story (33') height • structure, to include 3,418 square feet of gross floor area. The building is proposed to be aesthetically similar to the existing Golden Peak Base lodge, down to metal stair railings, stone veneer columns and the familiar golden stucco color. Though "ski racing facilities" are a permitted use "outside of lodge" within the Ski Base Recreation District, "redevelopment of ski racing facilities" is a Conditional Use Permit and is ~ subject to Planning and Environmental Commission review. Reductions of the plans for both requests have been attached for reference (Attachment A). ~ Also attached for reference are the Applicant's Request (Attachment B) and the Vicinity Map (Attachment C). III. BACKGROUND In 1983, the area of today`s discussion, Tract B, Vail Village Filing 7, was zoned Ski Base Recreation. The zoning was applied in anticipation of the eventual construction of a new base area for the mountain, Golden Peak. In 1988, the Ski Base Recreation District was amended to include a"Children's Ski School Building" as a permitted use. The 14,000 square foot Children's Center, then simply a daycare, began construction shortly thereafter and was completed in 1991. Over time, the Children's Ski School building has grown to be an integral part of the mountain base at Golden Peak. However, existing office space within the building has been at capacity for some time and the applicant is requesting to convert existing unused vaulted spaces into • usable floor area through this request. The total gross floor area added would be 1,318 square feet, added in four separate locations upon the 2"d floor. Because the amount of square footage being added totals to less than 5% of the total square footage of the Development Plan approved for the Golden Peak base facilities (35,500 square feet), the request can be reviewed as a minor amendment (instead of a major amendment) to an approved development plan. The applicant is not proposing to add any staff as a result of the infill being requested today. Currently, forty (40) staff members work within the building. There are eighteen (18) parking spaces that are located in the parking lot between the Children's Center and the Base Lodge, all of which are dedicated for use by the public. All Vail Resorts staff members who work in the Children's Center currently park in one of the structures and either use transit or travel to work by foot. Regarding the second request, the race shack was constructed some time in the mid 60's before zoning was applied to the area. It is not clear from the Town's files the exact time that the race shack construction was complete. However, the race shack has been declining in functionality for many years and the need to construct a new race building has surfaced. Because "ski racing facilities" are a permitted use within the Ski Base Recreation District, but "redevelopment of ski racing facilities" are a conditional use within the same district, the applicant is requesting a conditional use permit to construct a new race building to replace the two shacks that exist today. The proposed two story building will be nearly 3,500 square feet and will house three office spaces and a lunch room, storage space, a locker room, a timing room, and a large viewing 0 2 • deck oriented, of course, to the Golden Peak Race run. The proposed location of the new building was chosen just north of the existing building's locations due to two very large existing coniferous trees that the applicant chose to maintain upon the site. lV. ROLES OF REVIEWING BODIES Amendment to an Approved Developmenf Plan Planninq and Environmental Commission: The Planning and Environmental Commission is responsible for final approval or denial of an amendment to an approved development plan in the Ski Base Recreation zone district. 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. Plannin4 and Environmental Commission Acfion: The PEC is responsible for final approval/denial of CUP. V. APPLICABLE PLANNING DOCUMENTS Title 12, Zoninp Requlations, Vail Town Code Staff has reviewed the Town of Vail Zoning Regulations (Title 12, Zoning Regulations, Vail • Town) and believes the following code sections are relevant to review of the applicant's request: Section 12-8D-1: Purpose:The Ski Base/Recreation District is intended to provide for the base facilities necessary to operate the ski mountain and to allow multi-family residential dwellings as a secondary use if certain criteria are met. In addition, summer recreational uses and facilities are encouraged to achieve multi-seasonal use of some of the facilities and provide for efficient use of the facilities. ~ Section 12-8D-3: Conditional Uses (in part): The following conditional uses shall be permitted in the ski base/recreation district, subject fo the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Redevelopment of ski racing facilities. Section 12-8D-6: Development Plan Required: A. Compatibility Wifh Intent: To ensure fhe unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the ski base/recreation district will meet fhe infent of the district, a developmenf plan shall be required. ~ 3 ~ Section 12-9A-10: Amendment Procedures • 1. Minor modificafions consistent with the design criteria outlined in subsection 12-9A-2 (definition of "minor amendment") of this Article, may be approved by the Department of Community Development. All minor modifications shall be indicated on a comp/etely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development. 2. Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided to all property owners within or adjacent to the specia/ development district fhat may be affected by the amendment. Affected properties shall be as determined by the Department of Community Development. Notifications shall be postmarked no lafer than five (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the P/anning and Environmental Commission will be informed of the staff decision. !n all cases the report to the Planning and Environmenta/ Commission shall be made within twenty (20) days from the date of the sfaffs decision on the requested amendment. 3. Appeals of staff decisions may be filed by adjacent property owners, owners of property within the specia/ development district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in Section 92-3-3 of this Title. i Section 12-9A-2: Definitions I MINOR AMENDMENT (STAFF REVIEW): Modifications to building plans, site or landscape • plans that do not alter the basic intent and character of the approved special development district, and are consistenf wifh the design criteria of this chapter. Minor amendments may include, buf not be limited to, variations of nof more than five feet (5) to approved setbacks ~ and/or building footprints; changes to landscape or site p/ans that do not adversely impact Pedestrian or vehicular circulation throu9hout fhe sPecial develoPment district, or chan9es to gross floor area (excluding resrdential uses) of not more than five percent (5%) of the approved square footage of retail, office, common areas and other nonresidential floor area, ~ except as provided under section 12-95-4, "Inferior Conversions" or 12-95-5, "Additional Gross Residenfia/ Floor Area (250 Ordinance)'; of this title. I Vail Land Use Plan I Staff has reviewed the Town of Vail Land Use Plan. The plan is intended to serve as a basis from which future decisions may be made regarding land use within the valley. Staff believes , the following goals of the Vail Land Use Plan are applicable to this proposal: i Goa/ 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercia/ and recreationa/ uses to serve ~ both the visitor and permanent resident. Goal 1.3 The quality of development should be maintained and upgraded whenever possible. Goal 2.2 The ski area owner, the business community and fhe Town leaders • 4 • should work together closely to make existing facilities and fhe Town function more efficient/y. Vail Villaqe Master Plan Staff has reviewed the Vail Village Master Plan. The plan is intended to guide land use decisions in the Vail Village area. The Children's Center is addressed in the Vail Village Master Plan under the "Golden Peak Ski Base Sub-Area." The goals for Vail Village are summarized in six major goal statements. Each major goal focuses on a particular aspect of the Village community (promotion of a healthy economy, environmental protection, etc.). Each identified goal is listed below as well as the applicable objectives and policies that are addressed by the Ski Club Vail redevelopment plan. , Goa/ 1 Encourage high quality redevelopment while preserving the unique architectural sca/e of the Village in order to sustain its sense of community and identity. 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. Goal 2 To foster a strong tourist industry and promote year-round economic health and viabilify 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 fhroughout the Village and allow for development that is compafib/e with these esfablished /and use patterns. • 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing facilities to better serve the needs of our guests and permanent residents. Goal 6 To ensure the continued improvement of the vital operational elements of the Village. 6.1 Objective: Provide service and delivery facilities for existing and new development. The specific concepts in the Vail Village Master Plan that address the Golden Peak area serve as advisory guidelines for future land use decisions by the Planning and Environmental Commission and the Town Council. The Master Plan recognizes that properties within the sub- area will redevelop, as the following sections from page 59 and 60 state: The Golden Peak Ski Base Sub-Area has traditionally served as a recreational activity center throughout the year. The Golden Peak Ski Base facility provides one of four access portals to Vail Mountain during the winter months, and accommodates a number of the Town's recreation programs during the summer. In 1983, Vail Associates received approval for fhe redevelopment of fhis facility and in 1988, completed the Children's Ski Center. The further redevelopment of this area will serve to reinforce its role as a major ski base and recreational activity center for the entire community... 0 5 #90-1 Golden Peak Ski Base: Redevelopment of the Golden Peak base facility shall be low • profile (2-3 stories) to minimize impacts on views to Vail Mountain. Tennis courts impacted by the redevelopment shall be relocated in the area (or in Ford Park). Commercial activity at this site should be limited to "ski base/recreational" uses. Additional parking for any facilities to be provided on site. VI. ZONING ANALYSIS 498 and 598 Vail Valley Drive/Tract B, Vail Village Filing 7 Zoning: Ski Base Recreation Zone District Lot Size: 49.83 acres Allowed/ReQUired Proposed Parking Spaces 18 spaces for public use no change Site Coverage per PEC approval -1,200 additional sq. ft. (63,979 sq. ft. existing) GRFA per PEC approval no change GFA (Gross Floor Area) per PEC approval 3,236 additional sq. ft. (82,779 sq. ft. existing) Height per PEC approval -35' VII. SURROUNDING LAND USES AND ZONING Land Use Zonin North Residential High Density Multiple Family South Ski Portal Ski Base Recreation • East Residential Special Development District West Ski Portal Ski Base Recreation VIII. CRITERIA AND FINDINGS FOR A DEVELOPMENT PLAN AND A CONDITIONAL USE PERMIT WITHIN THE SKI BASE RECREATION ZONE DISTRICT DEVELOPMENT PLAN Criteria used for development plan evaluation within the Ski Base Recreation zone district are as follows: A. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. It is anticipated the proposed Children's Center infill will better accommodate the existing activities and office staff within the building. The proposal for additional interior space will likely bear no effect on the neighborhood or community as a whole. Additionally, the redevelopment of the ski racing facilities will provide a better structure (improvement) for the uses of that site currently and for the neighborhood and community as a whole. • 6 • B. Open space and iandscaping are both functionai and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding properties, and when possible, are integrated with existing open space and recceation areas. Neither open space nor landscaping would be affected by the proposed Children's Center infill. The proposed race building will add -1,200 square feet of site coverage, but sill preserve the natural features (namely two coniferous trees) on the site and maximize opportunities for use by the public by combining two existing buildings into one building. C. A pedestrian and vehicular circulation system designed to provide safe, efficient and aestheticafly pfeasing circulation to the site and throughout the development. The existing pedestrian and vehicular circulation system wou{d remain intact. Because no staff is being added to the Children's Center to prompt this request, the circulation is presumed to remain unchanged. Regarding the ski race building redevelopment, a vehicular circulation system is in place that will remain for the purpose of the redevelopment. D. Compliance with the Vail Comprehensive Plan and other applicable plans. Staff believes that neither the proposed infill nor the ski race building redevelopment are • affected by the Vail Comprehensive Plan. CONDITIONAL USE PERMIT The review criteria for a request of this nature are established by the Town Code. The proposed redevelopment of ski racing facilities is located "outside of lodge" within the Ski Base Recreation District. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12-16, Vail Town Code. A. Consideration of Factors Reqardinq Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the Town. Staff believes the proposed redevelopment of ski racing facilities is consistent with the purpose of the Ski Base Recreation District and the aspects of the associated plans which address recreation and their related aesthetic environment. The proposal for redevelopment of an aging structure contributes to the improvement of the existing uses and conditions within the area. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes the proposed location of the ski racing facilities will have no negative effects on the above-mentioned criteria as the area is currently occupied by a ski ~ 7 racing facility and is also conducive to public recreation, facilities, and needs. • 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that the proposed ski racing facility redevelopment will have no negative effects on the above-mentioned criteria. The location was agreed upon by various Town Departments in association with the original Golden Peak development plan, and does not impede pedestrian or vehicular traffic. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed location of the ski racing facility is compatible with the surrounding uses. The scale of the new building is congruent with the existing race facility. B. The Planninq and Environmental Commission shall make the followina findinqs before qrantinq a conditional use qermit: 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 Ski Base Recreation 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, or welfare 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. IX. STAFF RECOMMENDATION ~ The Community Development Department recommends that the Planning and Environmental Commission approves with conditions the request for a final review of a minor amendment to I the Golden Peak Ski Base Development Plan, pursuant to Section 12-8D-6, Development Plan Required, to allow for an interior addition within the Children's Ski School building and the redevelopment of the race course finish building, located at 498 and 598 Vail Valley Drive/Tract B, Vail Village Filing 7. Staff's recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: Amendment to an Approved Development Plan 1. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. • 8 • 2. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. 3. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering befinreen the proposed uses and surrounding , properties, and when possible, are integrated with existing open space and recreation areas. 4. A pedestrian and vehicular circulation system is designed to provide safe, efficient and aesthetically pleasing circulation to the site and throughout the development. 5. Compliance with the Vail Comprehensive Plan and other applicable plans has been demonstrated by the applicant. Conditional Use Permit 1. 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. • 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. The Department of Community Development recommendation is subject to the following condition: 1. Prior to release of a building permit from the Town of Vail Community Development Department, the applicant shall receive approval of the associated design review request. X. ATTACHMENTS A Reductions of Plans B. Applicant's Request C. Vicinity Map ~ 9 Attachment A ~ ~ • ~ 17TH . i i i ~ ~ . . i i . i i 1 . r \ 1 ( ~y ~ l / ~ I ~ I ~ ~ i~/ g¢ 1 I I I ~ 1 \ I ~ I I i ) I 1 ~ ~ ~ ~ j 1 I ~ _ I ~ I / \ I ~ I ~ • 1 93~eS~iE}F!i a3'°'~ D a r.~ak~a~-~tr#€za~~a ~ GOLDEN PEAK RACE BUILDING ~ p~F~t9F~S~2F~iCRti p _ VAIL. WLORADO I - ? a~ p~ ~ ~ a a a ~ oA ~ ~ ~ ~ 0 r d ~ r~ m < 9 71 No~ ~ ° ; n o 0 M ~ a s ~ n y in ;z ~ Y O 1R Z ~ ry p ~ ~ 'Z a~ Q ~ ? G~ ~ mr \ 0 0 ~ L~ ~ ~ ~ , ~ - ~ 6 y ~ ~ : ~ ~ i Q - O . ~ ~ ~ ' ~ ~ ~ ~ ~ ~ 0 O ti ti ti ti ~ .ri~ ti ~ r d b rn ~ < 9 ~ ~ 0 ~ 7~ ~ ~°~n ~ ~ ~ n ~ ~ Z f~ " mc ~ ~ ~ 4 ~ H : y~ C ~ Z ~ ~ ~ • - ~ ~ ; i 6 i . T ~ J L ~L J L J~ I 1 1 I J I I~ ~ 1 I I I I I 1 I; ;--~-;i i i 3 -h _r 'h -y _r -h ; -ti _r ° -h -ti ~ 0 r t7 b ~ m >a x;x o n a ~ • Nn~ m M m z n ~ n r.y r~+ r 0 z . c~ ~ , l~ _ \ ~1 - ~ : ~ , - C _ - - - ~ - - - 3 y ' ' _ ~ , !tl , ~ I I . " < . o { j c--• O 1=7 • i . ~ ~ L ~ L i p rJ O C-) UG ED • ~ o ~ I i~ - ~J I O P ~ O j ~ ; o b o . I ~ . I ; - - - ' ~ = ~ GOLllLN YEAK CH1LllRENS_CENTER VAIL RESOIt'1'S DEVEI.O~P\9EN"1 COD4PANY v.aii.. roi.oaADO ~ , -5 yi ~ ' 0 _ t1 D T • ~ . . . ~ ~ - ' ° - ~ ' O nII r ~ l I ` II _ ..t . I _ i , ; ; - - r I p ~ i M1 ~i j; d ~ . ~;.~.,.-...._..,v. I : ;L~) i ~ . - _ _ _ , ~ - - • , _ - i 4 - il . , G , . - 0~ • - , . ; . , . ~ O ~ fi I Z , I ( 4 ~ ( O , ~ • ~ 1 , •i~ ~ \f ~ ~ I O 1 . • . ~ ~ , , ll+- , - I a~ C• 0 4: . ~ ° . - ~ I ,i1~iFn _ ' I I ~ . GOLDEN_PEAK_CHILDRENS CLNTLR i ~ VAIL RGS<)P.TS DEVELOYn4EN7' COMYANI ii VNL. COl_UH.4ll0 _i;, _ . II ~ , • Attachment B : GOLDEN PEAK SKI SCHOOL • June 28, 2006 ZONING ANALYSIS - SKI BASE RECREATIONAL DISTRICT - MINOR AMENDMENT The Golden Peak Ski School proposes to infill four separate second floor openings that will provide for an addition of 1,318 square feet of floor area. The purpose of the additional area is not to provide for additional staff, but to provide additional work area for existing staff in order to make their work area more functional. The total gross floor area between the ski school and residential Golden Peak base facilities is approximately 35,500 square feet. The amount of the proposed infill floor area is 1,318 square feet. The proposed additional space is less than 5% of the gross area of the two buildings and is therefore bein9 requested as a minor amendment. ~ ~ We are requesting that no additional parking be required because no additional staff is being added to the ski school facility. The building envelope of the structure is not being modified beyond the existing exterior walls and roof. Therefore, there are no changes to building and deck setbacks, architectural projections, site coverage, landscape area, lot size, frontage, and building height. ~ , Attachment C ~t 1' - to M. . ? I ~ II tLJ e i°~y ~ t y,~. F ` . R * N f ~ ~ 4 ..z' ~ ? ~ ? ~ ~r. J~ M ~ ~ Or'{"y ^ iy~ < ~ ,~r ~ , a a ~,~',r~ x~ ~ " u R'':'y~ ~ ~ O i', ~1~ ~ , ~~r', rl ~ i ~ M { ~l a ~ ~471i, r 4'- ~ I'.. F'~ ' '~«,.~~'~~(q`f;'~ ~ , ~ ~ ~ - ~t• . , . a ~ rt m~ ~ni~~'~+~~'~t~H~ , i~y i ~ v ~ ~ ~ I T rc ~3~ k I r* .tq ~ ~ ~ ~ ^ ~4. h•~`' ,.#pi~ iS'° ` D °F i '~r .r s~+~'~;'~{~t g ex h~ a~r~ . ~ < .~Lg' ~ § ~ t ~ '0 4.4 i:,Y. -t~','~^.a~~,"' v V • ~ ~ ~ "~"F,,. .y13 ~%s~: . ~ ~ ~ ~ ' ~ ~ r , . . . . _ ~ I ~ A1}i ~a.: x ~ ,y i~.~ a~ i ?~~i~''''~' ~ ~~r, ~ .E, r ~ ~ W a. ~ aw; ~ "k~u ~ s . 7 ~ £ ft MF4, ~ + . . ~ ~ , ~ ii ~ ~ . ~ 'i ''tti., ~.~s ' ~ , ` ,^~'~t~~ N 1~~ 4.1 y ° r, 4 . r+^`• I' ~ ~ 'W ~ ` ',y~ ~~+'R~` ~ • ~~M~ , Y~Y r'4^~ YlO Yi • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 14, 2006 SUBJECT: A request for a final review of a minor subdivision, pursuant to Section 13-4- 2, Procedure, Vail Town Code, to allow for the resubdivision of Tract D, Vail Village Fifth Filing, to create Lot 1, aresubdividion of Tract D, Vail Village Fifth Filing, located at 442 South Frontage Road, and setting forth details in regard thereto. (PEC06-0060) Applicant: Lunar Vail, L.L.C., represented by Ron Byrne Planner: George Ruther 1. SUMMARY The applicant, Lunar Vail L.L.C., represented by Ron Byrne, is requesting approval of an application for a minor subdivision, pursuant to Section 13-4-2, Procedure, Vail Town Code, to allow for the resubdivision of Tract D, Vail Village Fifth Filing, creating • Lot 1 a resubdivision of Tract D, Vail Villaqe Fifth Filinq, located at 442 South Frontage Road,. Staff is recommending approval, with condition(s), of this application, subject to the criteria and findings outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Lunar Vail, L.L.C., is proposing a minor subdivision, pursuant to Section 13-4-2, Procedures, Vail Town Code, to facilitate the redevelopment of Buildings C& D of the Apollo Park at Vail Association Condominiums. According to the proposed final plat submitted on behalf of Lunar Vail, L.L.C., the new lot (Lot 1) will be 1.295 acres or 56,410.2 square feet in size. Tract D remains 1.2925 acres or 56,301.3 square feet in size. The newly proposed lot line follows an existing line drawn on the existing Apollo Park at Vail Association condominium map. A vicinity map depicting the subject property has been attached for reference (Attachment A). The proposed final plat, entitled "Final Plat Lot 1, a resubdivision of Tract D, Vail Village Fifth Filinq," has also been attached for reference (Attachment B). III. BACKGROUND On November 4, 1965, the original plat of the Vail Village Fifth was approved by the Eagle County Planning Commission establishing Tract D, Vai! Village Fifth Filing. ~ On September 5, 1978, a condominium map of the Apollo Park at Vail Association was recorded in the Eagle County Clerk and Recorder's Office. 1 On June 21, 2006, the Town of Vail Design Review Board approved a design review • application for the redevelopment of a portion of Tract D, Vail Village Fifth Filing. A condition of the Board's approval requires the review and approval of a minor subdivision application by the Town of Vail Planning & Environmental Commission. In addition to demolishing the existing buildings on the site, the design approval resolves a long-standing non-conforming structure issue that has plagued the Town of Vail for nearly 20 years. 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 pfat 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. V. APPLICABLE PLANNING DOCUMENTS • TITLE 13, VAIL TOWN CODE: SUBDIVISION REGULATIONS (partial) 13-2-2 DEFINITIONS "Minor Subdivision: Any subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development I of the remainder of the parcel or adjoining property. " 13-4-2: PROCEDURE: The procedure for a minor subdivision shall be as follows: A. Submission Of Proposal; Waiver Of Requirements: The subdivider 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 Environmenfal Commission if determined not applicable fo the project. 8. 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 13-3-681 of this Title. 2 ~ C. Review And Action On Plat: The Planning and Environmenfal Commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove fhe plaf within twenfy one (21) days of the first public hearinq on fhe minor subdivision or the minor subdivision will be deemed approved. A longer time period for rendering a decisron may be granted subject to mutual agreement between the Planning and Environmental Commrssion and subdivider. D. Appeal: An appeal of the Planning and Environmental Commission's decision by the Town Council shall follow procedures as outlined in Section 13-3-10 of this Title. (Ord. 2(1983) § 1) VI. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: I-70 ROW N/A East: Residential High Density Multiple Family Residential West: Residential High Density Multiple Family Residential ' South: Town-owned stream tract Natural Area Preservation i VII. SITE ANALYSIS Zoning: High Density Multiple Family Residential (HDMF) • Land Use Plan Designation: Vail Village Master Plan area Current Land Use: Residential Current Lot Size: 1.295 acres/56,410.2 sq.ft. Devefopment Standard Allowed Proposed Lot Area: 10,000 sq. ft. 56,410.2 sq. ft. Minimum Dimension: 80'X80' min. 162'X162' min. Buildable Area: 12,500 sq. ft. 56,410.2 sq. ft. Frontage: 30' min. 248.38' min. VIII. APPLICATION CRtTERIA AND FINDINGS Minor Subdivision A basic premise of subdivision regulations is that the minimum standards for the creation of new lots must be met. This subdivision will be reviewed under Title 13, Subdivision Regulations, of the Town of Vail Code. 1. The first set of criteria to be considered by the Planning and Environmental Commission for a Minor Subdivision application is: I • 3 Lot Area: The minimum lot area for the High Density Multiple Family zone • district is 10,000 square feet of buildable area. The proposed area of Lot 1 will be 1.295 acres or 56,410.2 square feet. Frontaqe: The minimum frontage requirement for the High Density Multiple Family zone district is 30 feet. The proposed frontage for Lot 1 will be I 248.38 feet. Dimension: The minimum dimension of a lot in the High Density Multiple Family zone district is 80 feet by 80 feet. The minimum dimension of Lot 1 will be 162 feet by 162 feet. 2. The second set of review criteria to be considered with a minor subdivision request is outlined in the Subdivision Regulations, 13-3-4, and is as follows: ~ "The burden of proof shall 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.... The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision contro/, densities proposed, regulafions, ordinances and ~ resolutions and ofher applicable documents, environmental integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town." The purpose section of Title 13, Subdivision Regulations, is intended to ensure that • the subdivision is promoting the health, safety and welfare of the community. The subdivision purpose statement from 13-1-2 (C) are as follows: 1. To inform each subdivider of the standards and criteria by which II development proposals will be evaluated and to provide information as to the type and extent of improvements required. " Staff Response: The applicant was informed as to the standards and criteria by which the proposed plat and future development would be evaluated. One purpose of subdivision regulations, and any development control, is to establish basic ground rules which the staff, the PEC, the applicant and the community can follow in the public review process. Although this request does not involve the creation of a new subdivision it does include the resubdivision of an existing tract of land, the minor subdivision process is the appropriate process for the applicant to resubdivide Tract D. 2. To provide for the subdivision of property in the future without conflicf with development on adjacent land. " ~ Staff Response: The proposed minor subdivision does not make either property, the remaining portion of Tract D or Lot 1, non-developable or non- conforming with regard to zoning requirements or development potential. • 4 . • 3. To protect and conserve the value of land fhroughout the Municipality and the value of buildings and improvements on the land. Staff Response: The proposed minor subdivision will have no detrimental affect on the value of land within the Town. 4. To ensure that subdivision of pr'ape?ty is in compliance wifh the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives. Staff Response: Staff believes the proposed minor amendment will not preclude a harmonious, convenient and workable relationship among land uses consistent with municipal development objectives. No development parameters identified in the High Density Multiple Family zone district are affected by this plat. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient ~ capacity to serve the proposed subdivision. Staff Response: The subdivision regulations are intended primarily to • address impacts of large-scale subdivisions of property, as opposed to this particular proposal to amend this plat. Staff does not believe this proposal will have any negative impacts on any of the above-listed public facilities. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desrrable construction design standards and procedures. Staff Response: The proposed minor subdivision will provide for accurate legal descriptions for the two newly configured properties. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard fhe water table and to encourage the wise use and managemenf of natural resources throughout the Town in order to preserve the integrify, stability, and beaufy of the community and fhe value of the land. Staff Response: The proposed minor subdivision will have no negative affect on the criteria listed above. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning & • Environmental Commission approves, with condition(s), the applicant's request for a minor subdivision, pursuant to Section 13-4-2, Procedure, Vail Town Code, to allow for the resubdivision of Tract D, Vail Village Fifth Filing, to create Lot 1, a 5 resubdivision of Tract D, Vail Villaqe Fifth Filinq, located at 442 South Frontage • Road, 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, 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 considerafion shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-3C above. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard fo Town polrcies 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." Should the Planning & Environmental Commission choose to approve the minor subdivision request, staff recommends that the Commission places the following condition(s) on the approval: 1. That the applicant submits an exhibit to the Eagle River Water • and Sanitation District depicting the location of the relocated 30-foot wide water and sanitary sewer easement for final review and approval prior to the issuance of a building permit for the construction of the Vail Mountain View project. Said easement shall be recorded by the applicant at the Office of the Eagle County Clerk and Recorder prior to the issuance of a temporary certificate of occupancy for the Vail Mountain View project. X. ATTACHMENTS A. Vicinity Map B. A reduced copy of the proposed Final Plat. • 6 . ~l 07, Attachment: A *+r4'S • . '{'~~dY~~~~+Y j- ~ ~y e ~ Y,yai Y9y Y jy ^f '1 ~ ,y,~ ~ ~ ~s Y~j a,~ ~ ~ , • ° , ~ :3 0 `4 ~y'~~~~ tm~K ~ . ~ L ~3 ~ . s f q~- ~ ,~a ! Wr d x~ ^Y tl u$ i~ = 4$p^r cr . l , ~ i I . +a . x 1 ~i. •;.e~Y ' ~q' E~~ ' . Q, " CL s3 : s ~ m ~ ~ r~~ ~ ~ • ~ IV ~ ..~'Y~ + , ~ ~ (n' ~ (n ~ O • O v ~ti m ~ C: (n ~ ~ ~ ~ . ~ ~ ~ ~ . , . ~ d^~(4 ~ . ~ { a . ! t ; [ . . . . . ' , , . I 41 y44;a 1.4tu~'. I" ~~.'~Y'} Mt'~g'~q ~ ~ a~~" P ~ .~g ~''k~ r " ~1~r.~,3~i s4k'{ j' , v s. r~ly~ a~ i i ' 1 r?? ~ i ~ ; i d~ ~ ~ i~j ; ~ ~i P ; ~ k~ ~ a ~d i ' ~ ~ -r- ~ ` O 9 * ~ y ~ . ~ ~ s +j i rA ii ftil~ •it!~ Is~y?~~~E ~ t t ~a ;~~~~;~~9','~;'°~~,~~T~~ i{{~~~`•~1 ~ ~ ~;~;`I ; ' ,E~~iii~; i •t~ • ~ ~ R ~1 C E1.~• 3 . ~ ~ yi~~5 ~ (~t Y~ ~y ~ • {~1r1 s t~~~t~1.: xi:~ 1~ t ~•t,=$ ~ ~z ~ ? ~i~(- ~t' ~~i . 1 e* ~ ~ s; j } ~t~~ ~ ?i~~~~.~~ t ~ ~ ~ ~ ~ tr ~ ~ ' ~?t~a~ ~ t ~ `i.~ .1 ~ ~x~~'~ ; t 'It ~ • ~ ~ ~t 1 t~~;~1t C ~ ~ • ~ ~ ~ t C : ' 1 F 1 ~ • ~ Pueuc aoricE TMIS IIM 1661 Mar ~FECr~ arr w,BUC ~,once ~ NOTICE IS HEREBY GIVEN that the Planning and PROOF OF PUBLICATTON Emironmental Commission of tbe Town oi Vail will hold a public hearing in accordance with section 123-6, Vail Tam Cotle, on August 14, 2006, at 1:00 pm in the Town of Vail Municipal Building, in STATE OF COLORADO } Consideration of: s_ l C~ C`~~ 'A request for a final review of an amended fnal I plat, pursuaM to Chapter 13-12, Ecemption Plat COLINTY OF EAGLE } Review Procedures, Vail Town Code, to allaw tor a combination of two bts into a single lot, Lots 12 and 13, Bighom Subdivision, located at 4024 Wil- stownWayandandsetting4026foLrthupirredeDrivels ''EC06 tai, Bighorn Subdivi- io, in regard thereto. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Pianne.A-°°s,~ Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and p~~~ Tn~yThomas : warten campbeu has a general circulation therein; that said newspaper has been published continuously and A request for a recommendati_ to the Vail Town uninterruptedly in said County of Eagle for a period of mare than fifty-two consecutive weeks next prior `~uncil of an amendmeM to Chap[er 5, Detailed ' '?ken Recrommendations, Lionshead Retlevelop- to the first publication of the annexed legal notice or advertisement and that said newspaper has ment Master Plan, to turther identify opportunilies for the future redevelopmeM of the Lion Square Published the requested legal notice and advertisement as requested. Lod9e, locatea at sso west Liotisnead Place/Loc Vail Lionshead Filing 1, Addition t, and setting The Vail Daily is an accepted legal advertising medium, only for jurisdictions o eratin under details in regard thereto. (PEC06-0056) P g Applicant: Lion Square Lodge East, and Vail Re- Colorado's Home Rule provision. sorts, represented by Chip AAelick Planner: Bill Gibson That the annexed legal notice or advertisement was published in the regular and entire issue of every A request for a finat review of a major eMerior al- teraiion, pursuant to Section 72-7H-7, Major Exteri- or Atterations or ModHications, Vail Town Code, to number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of albw for additions to, and the renovation of, the Li- on Square Lodge East, located at 660 West Lions- -fiead Place/lot 1, Vail Lionshead Filing 7, Addition said notice was in the issue of said newspaper dated July 28 A.D. 2006 and that the last publication of 1, antl set[ing forth details in regard thereto. (PEC06-0041) said notice was in the issue of said newspaper dated July 28 A.D. ZOOG. Applioant: Lion Square Lodge East, and Vail Re- sorts, represented by Bili Anderson Planner: Bill Gibsan A request for a'Tinal review of a floodplain mod'rfi- In witness whereof has here unto set my hand this 31st day July, 2006 ; cation, pursuant to Chapter 14-6, Grading Stand- ards, Vail Town Code, to allow fa grading within the Gore Creek 700-year floodplain, ro install pub- ' Gc utilities, located on an unplaried parcel of land. her/ n a anager/Editor 4dk~Y ~st of West Forest Road (a more com- piete location descripiiai is available at the Town of Vail DepartmeM of Community Development). Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this Appl ~~Eagle River Water and Sanitation Dis- 731 st trict Of Jtlly, ZOOE). Planner: Bill Gibson ~ A request for final review of a conditional use per- -^+-m8, pursuaM to Section 12-8D-3, Conditional i ~ Uses, Vail Town Code, to aHOw fur ttie redoV6I0p- ment of ski racing faCiNdes; and e r8quest tor a fi- nei review of a minw amendmeM b the Gdden Pamel a chultz ' ~ ~ ~ PgY e Secdm 194Die, Deiielopiiiiiiiilt Pi- Requ"d, ID , r L•.~~~Neoe~•~ Notary Public a~n~a _ inn~ wnrnn inC I:MWren' P(/ S Ski Schooi bWodin9 azid me redevelopment of ttie ~ 2U ~ o~ race course firtish butldng, lorated at 498 and 598 Vail Vatley Drivelfracl B, Vail ViHege Filing 7, and s My Commission expires: November 1, 2007 setting torth details in regard thereto. (PEC06-0057 1 • ° • r a ~'pJJ1El,p, & . . a Applicant: Vail Associates, Inc., represented by ~ uL ~ i Jay Peterson ,7 • •n Planner: Elisabeth Reed A request for a final review ot a minor subdivision, • pureuaM to Section 13-4-2, Procedure, Vail 7own ~~y~~ Code, to allow for the resubdivision of Trect D, Vail ~~rA Viliage Fifth Filing, creatinq two new lots, located v+~ at 442 South FroMage Road, and setting forth de- - taiis in regard thereto. (PEC06-0059) AppBcant: Lunar Vail, L.L.C., represeMetl by Ron Byrne Planner. Gewge Ruther The applications and infortnation about tlie propos- als are available for puaic inspection dtxing office Deveiopmer~t hours at the Town of Vail Community DepartmeM, 75 South Frontage Road. The public - is irnited to attend projeCt brierrtation and ^ Tsite - riease can 970-479-213B ror aoartwnai mroma- tion. Sign language interpretation is available upon re- quest, with 24-hour notfication. Please call 970- 479-2356, Telephone for the Hearing Impaired, for information. Published July 28, 2006. in the Vail Daily.(32572023) ~ ~ • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • ~ August 28, 2006 TO~Nt~~At[, ' 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME MEETING HAS BEEN CANCELLED MEMBERS PRESENT MEMBERS ABSENT Site Visits: Driver: George Public Hearing - Town Council Chambers 1. A request for a final review of a variance from Chapter 14-6, Grading Standards, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for retaining walls in excess of 6 feet in height, located at 796 West Forest Road/Lot 13, Block 1, Vail Village Filing 6, and setting forth details in regard thereto. (PEC06-0054) Applicant: Doug and Kathy Gannett, represented by Steve Riden Ptanner: Bill Gibson ACTION: WITHDRAWN 2. A request for variances from Section 12-14-17, Setback from Watercourse, Vail Town Code and • Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter12-17, Variances, Vail Town Code, to allow for a deck addition to encroach into the fifty foot Gore Creek stream setback and the eastern side setback, and for the addition of bulk and mass within the front setbacks, located at 1905 West Gore Creek Drive/Lot 27, Vail Village West Filing 2, and setting forth details in regard thereto. (PEC06-0059) APplicant: Nadine Lan9e, rePresented bY Dave Irwin Planner: Elisabeth Reed ACTION: WITHDRAWN 3. Approval of August 14, 2006 minutes MOTION: SECOND: VOTE: 4. Information Update 5. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for 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 August 25, 2006, in the Vail Daily. Page 1 • 16 • 76 PROOF OF PUBLICATION ~ STATE OF COLORADO } } SS. •g. o - COUNTY OF EAGLE } PUBLIC NOTICE THIS fTEM MAY AFFECT YOUR PROPERTY I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same PUBUCNOTICE Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and NOTICE IS HEREBY GNEN that the Planning and EmironmeMal Commission of the Town of Vail wilf has a general circulation therein; that said newspaper has been published continuously and hWd a puWic hearing in accordance with section . 12-3f, Vail Town Cotle, on August 26, 2006, at uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior 1:~ Pm in the Town of Vail Municipal Building, in consideravon ot: to the first publication of the annexed legal notice or advertisement and that said newspaper has C^ode,~~St mr a fi ~l r ~,i~, of a variance from Vail T~, pursu ant toChapter 1 2-1 7, Variances, Vail Published the requested legal notice and advertisement as requested. of 6 craater feet in ,a-s, Gheight,reding located at 796 Standartls, WestForest The Vail Daily is an accepted legal advertising medium, only for jarisdictions operating under T°`"" CO~, to allow for retaining watls in excess ' Road/Lot 13, elodc 1, Vail Village Filing 6, and set- ting forth de[ails in regard thereto. (PEC06-0054) Colorado's Home Rule provision. ed by Steve Riden Apphcant: Doug and Kathy Gannett, represent- Planner: That the annexed legal notice or advertisement was published in the regular and entire issue of every Bill Gibso~ A request for variances from Section 12-i4-17, Sero number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of ack from Watercourse, Vail Town c~ and Section 12-60-6, Setbacks, Vail Town Code, pur- suant to Chapterl2-17, Variances, Vail Town said notice was in the issue of said newspaper dated August 11 A.D. 2006 and that the last publication of C°de• to allow for a deck addftion to encroach into the fifty foot Gore Creek stream setbadc and the eastern side setback, and for the addition of bulk said notice was in the issue of said newspaper dated August 11 A.D. 2006. and m~ within the front setbadcs, located at 1905 West Gore Creek Orive/Lot 27, Yail Village West Filfng 2, and setting forth details in regard ~ thereto. In witness whereof has here unto set my hand this 31st day July, 2006 APPlicnt: Nadine Lange, represented by Dave Irwin (PECO6-0059) Planner. Elisabeth Reed I ~ The applications and informatlon about the propos- als are available for public inspection during office Publ' e Gener ManagerBditor hours at the Town of Vaii Communiry Devebpment ~ Department, 75 South Frontage Road. The public Subscribed and sworn to before me, a not is imiRed to atlend project onentation and the site ary public in and for the County of Eagle, State of Colorado this visits that precede tbe public hearing in the Town ~ of Vail Community Development Department. 731st Of July, ZOO6. , Please cau 970-479-2138 for addftional informa- ~ tion. Sign language interpretation is available upon re- ~ quest, with 24-hour notification. Please call 970- 479-2356, Telephone for the Hearing Impaired, for information. Published August 11, 2006, in the Vaii Daity. ~O.o ~ ~ ,p&~ amela Jo ~ an Schul ~ (32512095) Notary Pubiic My Commission expires: November 1, 2007 : SCM . . 9' UC7Z • . QOI. ~ . 1693 - _ • 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 pericd of more than fifty-two consecutive weeks next prior pursuant to Chapter 12-77, Variances, to the first publication of the annexed legal notice or advertisement and that said newspaper has Vail Town Code, to allow for retaining walls in Published the requested legal notice and advertisegnent as requested. e"ce~ °f s r~`'" ne'9'",'°~'~ at'~ we~ F°'- est Road/Lot 13, Blodc 1, Vail Village Filing 6, The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under ~~~m~9 ~~~~s in regard thereto. (PEC06- Colorado's Home Rule provision. Applicant: Doug and Kathy Gan- nett, represeMed by Steve Riden Planner: Bill Gibson That the annexed legal notice or advertisement was published in the regular and entire issue of every ACTION: WITHDRAWN 2 A 12-74-17, Setba reqdcUefmm Watercourse number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of Code and Section 12-6o-6, setbaas, vaii Ta,,,,,, ~ CodeU to allow h for t a 1 dedc addi4ai to en1i said notice was in the issue of said newspaper du*ed August 25 A.D. 2006 and tliat the last publication of c,oacn imo the fiity foot Gore Creek stream set- badc and the eastem side setbeqc, and for Me ad- said notice was in the issue of said newspaper dated August 25 A.D. ZOOG. dRion of bulk and mass wfthin the front setbadcs, bcated at 1905 West Gore Creek DriveJLot 27, Vail Village West filing 2, and setting forth details in regard thereto. (PEC(6-0059) In witness whereof has here unto set my hand this 25th day August, 2006 APPlicaM: Nadine ~nge, r¢pre- sented by Dave Irvvin Planner: Elisabeth Reed ACTION: WITHDRAWN I PUbI1S / eral a r/Editor 3. Approval of August 14, 2006 minutes I MOTION: SECOND: VOTE: Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this q, Information Update 25th of August, 2006. 5. Adjournment I P~Y PUe Pa ela oan Schultz Notary Public • }•a My Commission expires: November 1, 2007 : PAMELp` SCHULTZ ' 0~ , . . ~ ••....o ._,%~(DF PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING September 11, 2006 Tp1YNQ1'GAIL ' 1:00 MEETING HAS BEEN CANCELLED TOWN COUNCIL CHAMBERS / PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT $It@ VISItS: r's:R f r`j:ia Driver: ~ t, ,3 ~ ~Public Hearing - Town Council Chambers r . ' ..?.f# • ~W x{ 'j 7t, sX -0' ' 11p 7 2. Approval of August 2&H 2006 MOTION. _ SEC:OND: f ~VOTE: S.'f t j " ' T~",Aj'` 341,~ a 3. Infor"tion Update K 4. Adjournment MOTIQN; ~SECOND:'`VOTE: 9 1aA The applications ahd 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 #he 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 September 8, 2006, in the Vail Daily. Page 1 0 • 1702 ~ PROOF OF PUBLICATION PLANNING AND ENVIRONMENTAL 5TATE OF COLORADO } PUB~MEETING ~ c C. September 11, 2006 ~7~7 1:00 COLJNTY OF EAGLE } MFETING HAS BEEN CANCELLED The applications and information about the propos- als are availaWe tor public inspectbn during regu- I, Steve Po e, do solemnl swear that I am a ualified re resentative of the Vail Dail That the same ~~ce hours at the Town of Vail Community De- p y Q p lopment Department, 75 South Frontage Road. Dail news a er rinted, in whole or in art and ublished in the Count of Ea le, State of Colorado, and The public is invited to attend the project orienta- y p p p p p y g tion arid the site visits that precede the public hear- has a eneral circulation therein; that said news a er has been ublished continuousl and ins in the Town of Vail Community Development g P P P y DeparhneM. Please call (970) 478-2138 for addi- uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior t'°"a''"'°`"'a`'°". ~ to the first ublication of the annexed le al notice or advertisement and that said news a er has Sign language interpretation is available upon re- I p g p p quest with 24-hour notification. Please call (970) Published the requested legal notice and advertisement as requested. 479-2356. Te~ne ro, me r,ea,i~ I ,~~«a, r~~ information. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Communiry Development Department Colorado's Home Rule provision. Published September 8, 2006, in the Vail Daily. 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 newsnaper dated September 08 A.D. 2006 and that the last publication of said notice was in the issue of said newspaper dated September 08 A.D. 2006. In witness whereof has here unto set my hand this 13th day September, 2006 Publish nera Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 13th of September, 2006. ela Joan Schultz O~•~Y P(/e~, Notary Public 2,' My Commission expires: November 1, 2007 : PqMELP` J• : t SCHUI.TZ ; . 00 -9~•••....••. OF C7G- . • 1694 • PROOF OF PUBLICATION STATE OF COLORADO } t 1•uBL1C NOTICE ) SS. THIS ITEM MAY AFFECTt'OUR PROPERTY COUNTY OF EAGLE PUBUC NOl7CE ~ NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Tpwn of Vail will hold a Dublic hearing in accordance with seMion I, Steve Pope, do solemnly swear that I am a qualified representative of the VaiI Daily. That the same 123-6, Vail Town Code, on September zoos. at 1:00 pm in the Town of Vail Municipal Building Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Coiorado, and 'n considera6on of: n; that said newspaper has been published continuously and SEPTEMBER 11, 2006 M8E71NG CANCEILED A request for a final rec;ommendation to the VailI has a general circulation therei to Chapters 12-21, Hazard Regula6ons, 74-7, uninterruptedly in said County of Eagle for a pe:iod of more than fifty-two consecutive weeks next prior Town Council, pursuaM to Section 72-3-7, Amentl- to the first publication of the annexed legal notice or advertisement and that said newspaper has ^e^+s, Vail Town Code, for proposed amendments Puhlished the requested legal notice and adverti~ement as requested. c~~n~ronme~l ar,a ,s-,o, sign Review Standards and Guidelines, Vail Town The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under c~, to create Wildlire Regulations that add wiltl- ~ r~aro to tre r,naro ~g,~u~ ~d ~uim Colorado's Home Ru1e provision. mitigation in high and extreme wiidlire hazard zones, antl setting firth detaNs in regard therem. (PECO6-0029) ~ ApplicaM: Town of Vaii " Planner Tabled to September 25, 2006 That the annexed legal notice or advertisement was published in the regular and entire issue of every : Rachel Friede number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of ~~lications and information about the propos- als are available for publiC inspection during office hours at the Town of Vail Comrrlunity Development said notice was in the issue of said news a er ~at~ DepertmeM, 75 South Frontage Road. The public P p d August 25 A.D. 2006 and that the last publication of ~s irnnted to attentl project orieMation and the site ' visits that precede the puWic hearing in the Town said notice was in the issue of said newspaper dated August 25 AD~ vaii Community Deveiopment Department. Piease call 970-479-2138 for atlditional informa- iion. • Sign language interp2tation is avaiiable upon re- In witness whereof has here unto set my hand this 25th da;;4 quest, with 24-hour notification. Please ca0 970- 479-2356, Telephone for the Hearing Impaired, for information. PuWished AuguSt 25, 2006, in the Vail Manager/Editor Daily.(32512192) Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this zsuh of August, 2006. - ~ P ela Joan Schultz `f R ~P(/e, Notary Public My Commission expires: November 1, 2007 ' PAAAEL.A J. : SCNULTZ : , . :J ~s~~/•y•.~~ ~`i~ , "~r.~.,• i' `r MEMORANDUM • TO: Planning and Environmental Commission FROM: Department of Community Development DATE: September 25, 2006 SUBJECT: A request for a worksession with the Planning and Environmental Commission regarding a proposal to establish Speciat Development District No. 40, pursuant to Article 12-9(A), Special Development Districts, Vail Town Code, to allow for the redevelopment of The Willows Condominiums and a request for a worksession regarding review of a conditional use permit pursuant to Section 12-61-1-3, Conditional Uses, allow for the construction of timeshare estate units, fractional fee units and timeshare license units, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1St Filing, and setting forth details in regard thereto. (PEC06-0061 and PEC06-0062) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed 1. SUMMARY i The purpose of this meeting is to allow the applicant an opportunity to present the proposed redevelopment plans for The Willows Condominiums to the Planning and Environmental Commission. it ;s hoped that the following items are outcomes of today's worksession: • Clear direction to the applicant regarding all aspects of the proposal, particularly the proposed deviations and mitigating factors; • Information for the public regarding the application; • An opportunity for the Commission to identify issues for review at future meetings. The Commission is not being asked to take any formal positions on this application at this time. As such, staff will not be providing a formal recommendation at this time. The next step in the review process of this development application includes a final review by the Planning and Environmental Commission tentatively scheduled for October 9, 2006. II. DESCRIPTION OF THE REQUEST The applicant, The Willows Condominium Association, represented by Triumph Development, LLC, has requested a worksession meeting with the Planning and Environmental Commission to present a proposed development application and two • requests: one for the establishment of a new special development district intended to facilitate the redevelopment of The Willows Condominiums, and the second for ~ M 1 I review of a conditional use permit, to allow for the construction of timeshare estate • units and timeshare license units, located at 74 Willow Road/Lot 8, 8lock 6, Vail Village 1 st Filing. A vicinity map has been attached for reference (Attachment A) as has a reduced copy of the floor plans and elevations (Attachment E). The key elements of the proposal include: • Demolition of the existing, thirty-six (36) year old Willows Condominiums and rebuild according to following memorandum; , • A net decrease from 28 existing dwelling units to 19 new dwelling units on site; • An increase in the amount of landscaped area upon the site; • Increased conformance with the front setback along Willow Road; • Demolition of the existing above-grade parking structure located adjacent to Vail Road and creation of a new underground parking structure; • An increase in the number of live-beds added to the existing lodging inventory; • Construction of recommended streetscape improvements to Willow Road; and, • Provision of one new employee housing unit within the Town of Vail. The applicant is proposing the following deviations from the underlying zone district in this area, the High-Density Multiple-Family (HDMF) District: • A deviation from the density requirements of the HDMF district, including: • 1. A reduction number of dwelling units (from 28 to 19), but still an overage of seven dwelling units on site; 2. An increase in the amount of Gross Residential F/oorArea (GRFA) to nearly double the amount allotted to a lot of this size. • Deviations of between 7.5 and 16 feet from the front, side and rear setbacks; and, • A deviation from the amount of allowable site coverage. III. BACKGROUND The existing building of the Willows Condominiums is thirty six years old and in need of many repairs and upgrades, including but not limited to the following: • Demolition and/or repair of the parking decks; • Installation of a fire sprinkler system; • Upgrades to the mechanical systems within the building; • Renovation of all the units and common spaces; and, • Renovation to the exterior of the building. Because the building was constructed using a concrete "T" system, any renovations or upgrades would compromise the already low (7', 6") head height. Between the type of existing construction and the non-conformities of the existing building, the • applicant and The Willows homeowners have chosen a proposal to demolish and rebuild the building instead. The applicant has not yet met with the Town of Vail ~ Design Review Board for conceptual review discussions. However, the Board is • scheduled to conceptually review the proposal at its next regularly scheduled meeting on October 18, 2006. VI. SITE ANALYSIS Staff anticipates that there may be changes to the proposal that will affect the development standards data. According to the application information provided by the applicant, the deviations to the prescribed development standards are listed below in bold font. Zoning: High Density Multiple Family (HDMF) Land Use Plan Designation: Village Master Plan Current Land Use: Village Master Plan Address: 74 Willow Road/Lot 8, Block 6, Vail Village 1St Filing Development Standard Allowed Existin Proposed Lot Area: 10,000 sq. ft. . 4854 acres (21,144 sq. ft.) no change Setbacks: Front: 20 feet 8 feet 12.5 feet Side: 20 feet 4 feet 4 feet . . Rear: 20 feet 5.5 feet 7 feet • Bldg. Height: 45 ft. flaUmansard 48 feet no change ' 48 ft. sloping Density: 12 dwelling units 28.dwelling units 19 du's + 1 EHU GRFA: 16,069 sq. ft. 18,607 sq. ft. 32,053 sq. ft. Site Coverage: 11,629 sq. ft. (55%) 12,638 sq. ft. (-60%) 14,073 sq. ft. (-67%) Land. Area: 6,343 sq. ft. (30%) 2,848 sq. ft. 13%) 8,761 sq. ft. (14%) Parking: FFU =.7 spaces 42 spaces 30 spaces DU = 1.4 spaces Requested deviations notated in bold VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Residential High Density Multiple Family South: Residential Two-Family Primary/Secondary East: Residential High Density Multiple Family • West: Residential Two-Family Primary/Secondary ~+f VIII. DISCUSSION ISSUES • The purpose of this worksession meeting is to allow the applicant an opportunity to present the revised proposed plans to the Planning and Environmental Commission and to provide the applicant, public, staff, and the Commission an opportunity to identify issues for discussion at future meetings. The Commission is not being asked to take any formal positions on this application at this time. However, the Town of Vail has reviewed the development application submitted by the applicanYs representative for completion and compliance with the prescribed submittal requirements. Completeness of the application Upon completion of review by the Community Development, Public Works, and Fire Departments, it has been determined that additional information is required to be submitted and reviewed before any final decisions may be made by the reviewing boards. These issues have already been communicated to the applicant. For reference purposes, the following information is needed: • The proposed loading bay location must be identified on the site plan. One loading bay will be required pursuant to the section of the Vail Town Code which states that "One loading berth for uses up to 100,000 square feet gross residential floor area" will be required for "Multiple-family dwellings with over 20,000 square feet gross residential floor area" (Section 12-10-13, Vail Town Code). • A set of plans designating areas and amount of square footage located within all • setbacks, both total numbers and "per floor" numbers must be provided for Staff and Planning and Environmental Commission review. • A massing model must be provided, either digitally or otherwise as part of the complete Special Development District application. The applicant is already in the process of constructing a model, which Staff is hoping will help identify areas of significant proximity or encroachment onto neighboring properties. • A sun/shade study is being required by Staff for review to help better understand the impacts of the new and expanded buildings proposed by the applicant. Though the applicant is not proposing to increase the height of the building, Staff believe that the impacts of sun/shade may be affected significantly by the encroachment of building bulk and mass into the setbacks. • Elevation drawings which reflect the approximate height and massing of surrounding buildings must be provided. • A parking level floor plan which includes the property lines must be provided to identify constructability issues, total below grade site coverage, and setback distances. • A complete and accurate roof plan must be provided with existing and proposed grades shown underneath to be used in the determination of building height. . . • An egress plan must be provided in order for the Town of Vail Fire Department to • begin its review of the proposed construction. • An application for a conditional use permit to allow for a Type III Employee Housing to be constructed on the development site must be submitted to and reviewed by the Planning and Environmental Commission. • Additionally, pursuant to Section 12-7A-12 (A)(2)(j) of the Vail Town Code, "Any additional information or material as deemed necessary by the Administrator or the Town Planning and Environmental Commission may be requested". • For specific Public Works Department requests regarding the proposal, please see the attached letter from Tom Kassmel, Town Engineer, dated September 14, 2006 (Attachment B). /s there any additional information or materials that the Planning and Environmental Commission finds is necessary to be submitted for review and consideration prior to acting upon the applicant's requests? Proposed Deviations Staff has completed a preliminary review of the proposed sito plan. The proposed deviations from the requirements of the High Density Multiple-Family (HDMF) District are as follows: • • A deviation from the density requirements of the HDMF district, including: 1. A reduction number of dwelling units (from 28 to 19), but still an overage of seven dwelling units on site; 2. An increase in the amount of Gross Residentia/ Floor Area (GRFA) to nearly double the amount allotted to a lot of this size. • Deviations of between 7.5 and 16 feet from the front, side and rear setbacks; and, • A deviation from the amount of allowable site coverage by 13%. Based upon staff's review of the proposed plans, we believe that the Planning and Environmental should consider the proposed deviations from the density regulations based on the following objective and policy stated within the Vail Village Master Plan: 2.3 Obiective: Increase the number of residential units availab/e for short term overnight accommodations. 2.3.1 Policy: The development of short term accommodation units is 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 short term overnight rental. Regarding the proposed deviations, Staff believes that changes may be needed to • the proposed setbacks in ordee to ensure compliance with the prescribed regulations. For example, the proposed first level at the east side encroaches i considerably (16') into the existing setback. The building's proximity to Riva Ridge • South Condominiums may necessitate redesign or a change in the proposed location of the building upon the site. The eventual redesign of the Riva Ridge South Condominiums should also receive consideration as the setback deviations are deciphered. Any design changes directed by the Planning and Environmental Commission should take into consideration the prescribed setback criteria, the revised sun/shade study, and adjacent land uses. Regarding site coverage, Staff believes that the Planning and Environmental Commission must weigh the intent of the following definition for site coverage as specified in Title 12: Zoning Regulations, Vail Town Code: "The ratio of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of this definition, "building area of a site" shall mean that portion of a site occupied by any building, carport, porte cochere, arcade, and covered or roofed wa/kway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or supporting columns" (Section 12-2-2: Definitions). The applicant's proposal will nearly comply with the above-grade site coverage regulation by using 56% (11,890 sq. ft.) of the 55% allowable site coverage. However, the parking structure beneath will extend beyond the building footprint and site coverage regulation and is proposed to cover approximately 67% (14,073 square feet) of the site area, exceeding the allowable by 13%. • Does the Planning and Environmental Commission be/ieve fhat changes should be considered to the proposed density, setback, or site coverage deviations from the regulations specffled within the High Density Multiple Family zone district, the need for compliance wifh the various masfer plan documents, and the physical parameters of the site? If so, what changes are suggestedl . Sun/Shade Analvsis and Massinq Model The presence of sun and shade contributes significantly to the quality of the environment for the pedestrian, the driver, and others enjoying the outdoors. The importance of sun/shade is well documented in the Vail Village Master Plan. According to a portion of Section I of the Vail Village Urban design Considerations, "all new or expanded buildings should not substantially increase the spring and fall shadow pattern (March 21 fhrough September 23) on adjacent properties of the public right of way": . Given the criteria established for the review of projects and evaluating their impacts on sun/shade and the criteria established for building massing, are there any steps that the Planning and Environmental Commission might suggest at this time for the applicant to pursue in responding to building mass concerns? Proposed Public Benefifs • • Pursuant to Section 12-9A-1, Purpose, in part, of fhe Vail Town Code, "The purpose of the Special Development District is to encourage flexibility and creativity in the development of /and 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 economica/ provision of streets and utilities; fo preserve the natura/ and scenic features of open space areas; and to further the overall goa/s of the community as stated in the Vail Comprehensive P/an. An approved deve/opment plan for a Special Development District, in conjunction with the property's underlying zone district, shail establish the requirements for guiding deve/opment and uses of property included in the Specia/ Development District. The Special Development District does not apply to and is not available in the following zone districts: Hillside Residential, Single-Family, Dup/ex, Primary/Secondary. The elements of the development plan shall be as ouflined in Section 12-9A-6 of this Article. " Furthermore, Sections 12-9A-8, Design Criteria, and 12-9A-9, Development Standards, of the Vail Town Code, states, in part: "It shall be the burden of the applicant to demonstrate that submitta/ material and the proposed deve/opment p/an comply with the development standards and design criteria, or demonstrate that one or more of them is not applicab/e, or that a practical solution consistent with the public interest has been achieved. Development standards including lot area, site dimensions, sefbacks, height, density • control, site coverage, landscaping and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section 12-9A-8 of this Article." The applicant has proposed deviations to the number of dwelling units and GRFA upon the site, the required setbacks of finrenty feet (20') on all sides of the building, and the required site coverage maximum of 55% of the total site area. Prior to the request for deviations from the development standards, the Commission and Council must make a finding that the said deviations provide benefits to the Town which outweigh the adverse effects of such deviations. Staff recommends that the applicant and Commission discuss the magnitude of the requested deviations and the public benefits that the applicant is proposing. Historically, the Town has recognized such benefits as off-site streetscape improvements, heated surfaces, landscaping, employee housing, public art donations, and other similar items. Currently, the applicant is proposing the following items as public benefits of the project: 1. Allowing the existing Willows Condominiums owners to maintain ownership of a ~ revitalized Vail property. 2. The provision of one 600 square foot Type ll/ Employee Housing Unit within the • Village. 3. Upgraded sfreetscape improvements extending the length of Willow Road, which includes a section of asphalt for aufomobile traffic and an eight foot wide pedestrian wa/kway with paver treatments. - 4. The provision of a new high quality fractiona/ ownership opportunity within the Village, contributing to the Town's goa/ of providing increased numbers of "hot ' beds': What additional information may the Commission need to respond to the questions of adverse effects versus public benefitsl IX. APPLICABLE MASTER PLAN SECTIONS VAIL VILLAGE MASTER PLAN GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UN/QUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITYAND /DENTITY. 1.2 Obiective: Encourage the upgrading and redeve/opment of residentia/ and • commercial facilities. 1.2.1 Policy; Additiona/ development may be allowed as identified by the Action P/an and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. 1.3 Obiective: Enhance new developr?aent and redevelopment through public improvements done by private developers working in cooperation with the fown. 1. 3.1 Policy: Public improvements shall be, developed with the participation of the private sector working with the Town. 2.3 Obiective: Increase the number of residential units available for short term overnight accommodations. 2. 3.1 Policy: The deve/opment of short term accommodation unifs is 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 short term overnight rental. 2.5 Obiective: . Encourage fhe continued upgrading, renovation and maintenance of existing /odging 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 /odging properties. 2.6 Obiective: Encourage the developmenf of affordab/e housing units through fhe efforts of the private sector. 2. 6.1 Policy: Employee housing; unifs may be required as part of any new or redevelopmenf project requesfing density over that allowed by existing zoning. 2.6.2 Polic : Empioyee housing, shail be developed with appropriate restrictions so as to insure their availability and affordability to the /oca/ work force. 2.6.3 Polic : The Town of Vail may facilitate in the development of affordable • housing by providing limited assistance. i W/LLOW C/RCLE SUB-AREA (#2) • . r^. * ~.`3. K}~'+~`r?'. ,r" • .~,..,.--w,,,;w. ~ YS' '~'y :`Y, ? ,r . s • • ~ ~ ~ • a • • ? . ~At PO 1i1VER mtim ~'4J ,~....«.'?y f p{} f+ " ~ ' . ~ ~ .~Q~ s . 'w.. 'l ~,ks ~ • r + w,? I ~ ~..J°'.~ . V~i} 1'~• • r ~ • r N ~ .r+, ~ f....+ ~ r ~ + ~.s"~ . . ~ rt a • ~ r ~ r • ?d' 1.r'}1 ~ i ,~~~?wM s~a~ ~ t• r kt~r~ A ~ ~ •~ss? wLr~• , ! 7~; ~,.....~....1~.~....... . , ~ :rr•Mra~MNw4~vww~~ ...,d' ~ ;~~s•~r~r*tr,w~~s:•)) ...y..~~?~y?~/~y/'~' • ~ .~f! ~ ~ ~ ~ ~ .~'Y MI"rY°*Y'Y N i s1 f t • j ••7i7.i7iG , ~ ,f f 1 Ir M?~ I~11iA y~(uy •f r II • x~ .rF' '`I, a'R~ • • ~ ? i,'~~~`\, ? ~ X • . ~ y ~ - . , , Although immediately adjacent to the mixed use developmenfs found in the Commercial Core.and Mixed Use sub-areas, the willow circ/e sub-area has retained an exclusively residentia/ characfer. Condominium developments have occurred on all but one of the sub- area's parcels and many of these properties are actively "short-termed" to overnight guests. In most cases, parking has been provided in underground structures. This design feature, . coup/ed with the Town-owned open space (Willow Circ/e Park), contributes to the pleasing appearance of this area. In most cases, the levels of deve/opment throughout this sub-area greatly exceed what is allowed under existing zoning (High Density Multi-Family). Gross residentia/ floor area ratios (GRFAR) range from .6 to 1.3, with an average of 1.01. With the exception of one parcel, all properties within this sub-area are, developed at, or over, their permitted levels of development. As such, there is little development potential left in this sub-area. Residential uses dominate this sub-area and are proposed to confinue with the exception of one potential commercial space at the east end of the sub-area facing Willow Bridge Road. This concept is discussed further under Sub-Area 2.2. ~ ~ URBAN DESIGN GUIDE PLAN E. STREET EDGE Buildings in the Village Core shou/d form a strong but irregu/ar edge to the street. Unlike many American towns, there are no standard setback requirements for buildings in Vail Village. Consistent with the desire for intimate pedestrian scale, p/acement 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 imp/y continuous building frontage along the property line. A strong street edge is important for continuity, but perfect/y 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 /andscape areas, give life to the street and visual interest for pedestrian travel. Where buildings jog to create activity pockets, other elements can be used to continue the street edge: - low p/anter walls - arcades - tree p/anting ~ - raised decks - raised sidewalks - texture changes in ground surface 1. 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 sunlit areas. On al/ but the warmest of summer days shade can easily lower temperatures below comfortable /evels and thereby negatively impact uses of those areas. All new or expanded buildings should not substantially increase the spring and fall shadow pattern (March 21 through September 23) on adjacent properties or the public R. O. W. 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 /nfluence the massing of buildings. limited height exceptions may be granted to meet this criteria. Additions to existing buildings may be creafed In severa/ ways to avoid extending shadow patterns. ARCH/TECTURE/LANDSCAPE CONSIDERATIONS ~ ROOFS Where visible, roofs are often one of fhe most dominant architectura/ e/ements in any built environment. In the Village roof form, color and texture are visibly dominant, and generally . consistent, which tends to unify the building diversity to a great degree. The current expression, and objective, for roofs in the Village is to form a consistent/y unifying backdrop for the architecture and pedestrian sfreetscape, and to avoid roofs, which tend to stand out individually or distract visually from the overall characfer. Roof Forms Roofs within the Village are typically gable in form and of moderate-fo-low pitch. Shed roofs are frequently used for small additions to /arger buildings. Freestanding shed roofs, butterfly roofs and f/at roofs can be found in the Village but they are-generally considered to be out of character and inappropriate. Hip roofs likewise are rare and generally inconsistent with the , character of the Core Area. Towers are exceptions, in both form and pitch, to the general, , criteria, but do have an established /ocal vernacular style, which should be respected. , Pitch Roof slopes in the Village typically range from 3112 fo 6112, with slightly steeper pitches in limited applications Again, for visua/ consisfency this general 3112-6112 range should be preserved. (See Construction below) Overhangs Generous roof overhangs are also an established architectura/ feature in the Village - a traditional expression of shelter in alpine environments. Roof overhangs typically range from 3 to 6 feet on all edges. Specific design considerafion should be given to protection of pedestrian , ways adjacent to buildings. Tee falls, snow slides, and runoff hazards can be reduced by roof orientation, gutters, arcades, etc. • Overhang details are treated with varying degrees of ornamentation. Structural elements such as roof beams are expressed beneath the overhangs, simp/y or decoratively carved. The roof fascia is thick and wide, giving a substantia/ edge to the roof. Compositions The intricate roofscape of the Village as a whole is the result of many individua/ simple roof configurations. For any single building, a varied but simple composifion of roof planes is preferred to either a single or a complex arrangemenf of many roofs. As individual roofs become more complex, the roof attracts visual attention away from the streetscape and the total roofscape tend toward "busyness" rather than a backdrop composition. Sfepped Roofs As buildings are stepped to reflect existing grade changes, resulting roof steps should be made where the height change will be visually significant. Variations which are too subtle appear to be more stylisfic than functional, and out of character with the more straightforward roof design fypical in the Village. Materials Wood-shakes, wood shingles, and built-up tow and gravel are almost exclusively used as roof materia/s in the Village. (See Construcfion below.) For visual consistency, any other materials should have the appearance of the above. Construcfion ~ Common roof problems and design con-siderations in this climate include: • - snowslides onto pedestrian wa/ks - gutters freezing - roof dams and water infiltration - heavy snow /oads Carefu/ attention to these funetional details is recommended, as well as familiarity with the local building code, proven construction details, and town ordinances. For built-up roofs, pifches of 4112 or steeper do not ho/d grave/ well. For shing/e roofs, pitches of 4112 or shallower often result in ice dams and backflow /eakage under the shing/es. Cold-roof construction is strong/y preferred, unless warm-roof benefits for a specific application can be demonstrated. Cold-roofs are doub/e roofs, which insulate and prevent snowmelt from interna/ building heat. By retaining snow on the roof, many of the prob/ems listed can be reduced. Periodic snow remova/ will be required and should be anticipated in the design. Roof gutfers tend to ice-in completely and become ineffective in the Vail climate, especially in shaded north side locations. Heating the interior circumference with heat-tape e/ements or other devices is generally necessary to assure adequate runoff control in co/der months. FACADES Materials Stucco, brick, wood (and g/ass) are the primary building materials found in the Village. While not wishing to restrict design freedom over-much, existing conditions show that within this small • range of materia/s-much variation and individuality are possible while preserving a basic harmony. Too many diverse materials weaken the continuity and repetition, which unifies the streetscape. Of the above materials, stucco is the most consistently used material. Most of the buildings in the Village exhibit some stucco, and there are virtually no areas where stucco is entirely absent. It is intended to preserve the dominance of stucco-by its-use in portions, at least, of all new facades, and by assuring that other materia/s are not used to the exclusion of stucco in any sub-area within the Village. Color The intent of these regulations regarding color shall be to provide greater latitude in the use of color in Vail Village in order to create visual interest and to enliven the area. Colors used shou/d retain a discernible consistency within a general range of colors relating well to fhe colors found in the surrounding mountain backdrop of Vail, but need not be specifically found in that environment. A!I colors used shall relate to the colors of the natura/ materials found on the buildings like wood tones, slate roof colors, stone colors and the like. Additionally all building colors shall work with the colors of the buildings in proximity as well as with all natural /andscape materials found nearby. While there is no restriction per se on specific hues, primary colors of high chroma shall not be used on building surfaces but can be used in a limited fashion for accents. Body colors, both • siding and stucco, shall be rich and lively but must be less chromatic shades, which relate to natural colors and can be either light or dark. All stucco shall have a flat finish. Generally, to avoid both "busyness"; and weak visual interest, the variety of major wall colors • (and materials - excluding glass) shou/d nof exceed four nor be /ess than two. A color/material change between the ground floor and the upper f/oors is a•common and effective reinforcement of the pedestrian scale of the street. High chroma co/ors can be used for signage, accents, doors, canopies, wall graphics and other similar e/ements as long as they do not dominate eifher the building they are used on, the adjacent buildings, or the streetscape (see E. Accent Elements). The color schemes for all properties shall be considered on a case-by-case basis. Transparency Pedestrian scale is created in many ways, but a major factor is the openness, attractiveness, and generally public character of the gr.ound floor facade of adjacent buildings. Transparent store fronts are "peop/e attractors"; opaque or solid walls are more privafe, imp/y "do not approach On pedestrian-oriented streets such as in the Village, ground floor commercial facades are proportionate/y more transparent than upper f/oors. Upper floors are typically more residential, private and thus /ess open. As a measure of transparency, the most characteristic and successful ground floor facades range from 55% to 70% of the tofal length of the commercial facade. Upper floors are often the converse 30%-45% transparent. . W/NDOWS In addition to the general degree of transparency, window details are an important source of pedestrian sca/e-giving elements. The size and shape of windows are often a response to the function of the street adjacent. For close-up, casua/ pedestrian viewing windows are fypically sized to human-sized dimensions and characteristics of human vision. (Large g/ass-wall storefronfs suggest uninterrupted viewing, as from a moving car. The sense of intimate pedesfrian scale is diminished.) Ground floor display windows are typically raised slight/y 18 feet f and do not extend much over 8 feet above the walkway level. Ground floors which are noticeably above or below grade are exceptions. The articulation of the window itself is still another element in giving pedestrian scale (human- related dimensions). Glass areas are usually subdivided to express individual window elements - and are further subdivided by mullions into small panes - which is responsib/e for much of the old-world charm of the Village. Similarly, windows are most often clustered in banks, juxtaposed with p/ain wall surfaces to give a p/easing rhythm. Horizontal repetition of single window elements, especially over long distances, should be avoided. Large single pane windows occur in the Village, and provide some contrast, as long as they are generally consistent in form with other windows. Long continuous glass is out of character. Bay, bow and box windows are common window details, which further variety and massing to • facades - and are encouraged. • Reflective glass, plastic panes, and aluminum or other meta/ frames are not consistent in the Village and should be avoided. Metal-clad or p/astic clad wood frames,. having the appearance of painted wood have been used successfully and are acceptab/e. DOORS Like windows, doors are important to character and sca/e-giving architectura/ e/ements. They should a/so be somewhat transparent (on retail commercia/ facades) and consistent in detailing with windows and other facade elements. Doors with g/ass contribute to overall facade transparency. Due to the visibility of peop/e and merchandise inside, windowed doors are somewhat more effective in drawing peop/e inside to retail commercia/ facades. A/though great variations exist, 25-30% 1 transparency is fe/t to be a minimum transparency objective. Private residences, lodges, restaurants, and other non-retail establishments have different visibility and character needs, and doors should be designed according/y. Sidelight windows are a/so a means of introducing door transparency as a comp/ement or substitute for door' windows. Articulated doors have the decorative quality desired for Vail. Flush doors, light aluminum frames, plastic applique elements all are considered inappropriate. NOTE: Security is an important design consideration in Vail, Deadbolt locks are encouraged. Locks, door handles and g/ass shou/d all be designed to discourage break-ins. • Security-design discussrons with the Town police staff are encouraged. As an expression of entry, and sheltered we/come, protected entryways are encouraged. Doorways may be recessed, extended, or covered. TRIM Prominent wood trim is also a unifying feature in the Village. Particularly af ground floor levels, doors and windows have strop, contrasting (see Color-Facades) framing elements, which tie the various e/ements together in one composition. Windows and doors are treated as strong visual features. Glass-wall detailing for either is typically avoided. . DECKS AND PATIOS Dining deGks and patios, when properly 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. A review of successful decks/patios in Vail reveals several common characteristics: - direct sunlight from 11:00 - 3: 00 increases use by many days?year and protects from wind - elevated feet to give views into the pedestrian walk (and nof the reverse) - physical separation from pedestrian wa/k of to (planter better than a wall) overhang gives . pedestrian sca/e/ shelter. Decks and patios should be sited and designed with due consideration to: • - sun - views - wind - pedestrian activity BALCON/ES Balconies occur on a/most all buildings in the Village which have at least a second level facade wall. As strong repetitive features they: - give sca/e to buildings - give life to the street (when used) - add variety to building forms - provide she/ter to pathways be/ow. The prominence of ba/cony forms is due to severa/ fairly common characteristics: Co/or They contrast in color (dark) with the building, typically matching the trim colors (see Facade- Color). Size They extend far enough from the building to cast a prominent shadow pattern. Balconies in Vail are functiona/ as well as decorative. As such, they shou/d be of useable size and located to encourage use. Balconies less than six feet deep are seldom used, nor are those always in • shade, not oriented to views or'street life. Mass They are commonly massive yet semi-transparent, distinctive from the building, yet allowing the building to be somewhat visible behind. Solid balconies are found occasionally, and tend to be foo dominant obscuring the building architecfure. Light balconies lack the visual impact which fies the Village together. _ Materials Wood balconies are bY far the most common. Vertical structural members are fhe most dominant visually, often decoratively sculpted. Decorative wrought iron balconies are also consistent visually where the vertica/ members are close enough to create semi-transparency. Pipe rails, and plastic, canvas or g/ass panels shou/d be avoided. Construction Cantilevered beams, beams extended to support the balcony, are most often visibly exposed on the underside of ba/conies. As such they are an expression of structure and tie the balconies to the building visually. ACCENT ELEMENTS The life and festive quality of the Village is given by judicious use of accent elements which give color, movement and contrast to the Village. Colorful accent e/ements consistent with existing character are encouraged, such as: • • Awnings and canopies - canvas, bright color or stripes of two colors. Flags, banners - hanging from buildings, poles, and even across streets for special occasions. Umbre/las - over tab/es on outdoor patios. Annual color flowers - in beds or in planters. Accent lighting - buildings, plazas, windows, trees (even Christmas lights all winter). Painted wall graphics - coats of arms, symbols, accent compositions, etc. Fountains - sculptural, with both winter and summer character. LANDSCAPE ELEMENTS Landscape considerations include, but go beyond, the placement of appropriate plant materia/s. Landscape considerations include: - plant materials - paving - retaining walls ' - street furniture (benches, kiosks, trash, etc.) - lighting ' - signage P/ant Materials Opportunities for planting are not extensive in the Village, which places a premium on the plant se/ection and design of the sifes that do exist. Framework p/anting of trees and shrubs should ~ include both deciduous and evergreen species for year round continuity and interest. Native plants are somewhat limited in variety, but are clearly besf able to withstand the harsh winter climate, and to tie the Village visually with its mountain setting. Some typical local plant materials include: Trees Willow Narrow-leaf cottonwood Dogwood Balsam pop/ar Serviceberry Aspen A/pine currant Lodgepole pine Chokecherry Colorado spruce Mugho pine Subalpine fir Potentilla Buffa/oberry Shrubs Pavinq The freeze/thaw cyc/e at this a/titude virtually eliminates common site-cast concrete as a paving surface (concrete spall). High-strength concrete may work in selecfed conditions. Asphalt brick (on concrete or on sand), and concrete b/ock appear to be best suited to the area. In general, paving treatments should be coordinated with that of the public R.O. W.• adjacent. The Town uses fhe following materials for all new construcfion: ~ - asphalt - general use pedestrian streets - brick on concrete - feature areas (plazas, intersections, fountains, etc.) Retaininq Walls • Retaining walls to raise planting area often protects the landscape from pedestrians and snowplows, and should provide seating opporfunifies. Two types of material are already well established in the Village and shou/d be utilized for continuity. - split-face moss rock veneer - Village Core pedestrian streets (typical) - rounded cobb/e hidden mortar - in open space areas if above type not already established nearby. (examp/e: Town of Vail entry wall) Wood retaining walls. are strongly discouraged due to deterioration caused by the harsh climate. They may be effectively used with appropriate detailing to resisf rot and express crafted joint conditions. Liqhtinq Light standards should be coordinafed with fhose used by the Town in the public R. O. W. Siqnaqe Refer to Town of Vail Signage Ordinance. Colorful annuals are used in key locations fhroughout the Village to accent pedestrian areas, highlight building entries, and as p/aza focii. These color accents can be provided in: ~ - retained p/anting beds - flower boxes - hanging pots, baskets - ground beds X. CRITERIA AND FINDINGS . The following section of this memorandum is included to provide the applicant, community, staff, and Commission with an advanced understanding of the criteria and findings that will be used by the reviewing boards in making a final decision on the proposed applications. Conditional Use Permit Criteria and Findings (for timeshare estate units, fractional fee units, and timeshare license units) A. Consideration of Factors Reqardinq Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the Town. 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. ~ ~ 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. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and butk of the proposed use in relation to surrounding uses. B. The PlanninQ and Environmental Commission shall make the followinq findinas before qrantinq a conditional use permit: 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 Public Accommodation 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, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply wifh each of the applicable provisions of the conditional use permit section of the zoning code. ~ Special Development District Design Criteria 12-9A-8: DES/GN CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed specia/ development district. It shall be the burden of the applicant to demonstrate that submittal materia/ and the proposed development p/an comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: A. Compatibility.- Design compatibility and sensitivity to the immediate . environment, neighborhood and adjacent properties relative to architectura/ design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. 8. Re/ationship: Uses, activity and density which provide a compatib/e, efficient and workable re/ationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. D. Comprehensive Plan: Conformity with applicab/e elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natura/ And/Or Geologic Hazard: Identification and mitigation of natura/ and/or geologic hazards that affect the property on which ~ the special development district is proposed. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development ~ responsive and sensitive to natura/ features, vegetation and overall aesthetic quality of the community. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aesthetic /andscaping and open space in order to optimize and preserve natura/ features, recreation, views and function. l. Workab/e P/an: Phasing plan or subdivision p/an that will maintain a workab/e, functiona/ and efficient relationship throughout the development of the specia/ deve/opment district. XI. STAFF RECOMMENDATION As this is a worksession, staff will not be providing a staff recommendation at this time. Staff will provide a staff recommendation at the time of a final review of this application. Staff is simply recommending the following as outcomes from today's discussion, as previously stated in Section I, Summary: • Clear direction to the applicant regarding all aspects of the proposal, particularly the proposed deviations and mitigating factors; • Information for the Public re9ardin9 the aPPlication; • Overall direction for Staff as review of the proposal continues; • An opportunity for the Commission to identify issues for review at future meetings. • Staff proposes the following next steps as review of the proposal progresses: ' • Completion by applicant of requested elements of the application, as outlined in Section VIII of the memorandum. • Continued review by Staff. • Conceptual and final reviews by the Design Review Board on October 4, 2006 and November 1, 2006. ' • Return to the Planning and Environmental Commission for final review and recommendation to Town Council on October 9, 2006 or November 6, 2006. • First reading by Town Council on November 21, 2006. • Second reading by Town Council on December 5, 2006. XI. ATTACHMENTS A. Vicinity Map B. Public Works letter from Tom Kassmel dated September 12, 2006 C. Letter of Concern from Art Abplanalp dated September 14, 2006 D. Adjacent Property Owner Mailing List. E. Proposed Elevations and Floor Plans • ~ Q W ~ ~k • • , , ~ .~t~ k~ . ~~ry' 9~ M, ~ pkr ^ . ~ I } . ~ N +1 ~ l~' y4''j ~ f ~ l ~ty^~~•f~• ~ 1~......~ ~ i ~v , ° ~ ~l ~ • 3 ~ ~ ~ ~ ~ ~ a . ' . . ~ .01 € . • . . . . . . ~ 1,. . . ~ k k . . I r. • ~ ~ O e Y ~N w d . . ~ . 4;1 ^py`vL~F ~ _ ~•~~Yx _ . :R ef' f • ~ _ ~i~. 1 t~ ~ . 4• u , • f . ~ s ~ • ~ t~ M . : r4~+ . . • ~~M = rt. : ° > a ~ . ?7a ~ ~ ~ ~ ~ ~ ~ F.. • 44 4i. u n. • _ , ~rv4 . ~ ? ¦ 6 ~ '~k , ' n . • • ~ ~ ~ ~ ~ ~ ' ~ ~ ~ ~ ~ ~ [ ~ y ~ a . ` .s A ~ a1 '~t r??: I~ , ~ - ~ r+~...,.,._.. e ~ ~ *a x 7~ ~ ~r ' ~~'`y~ "S~e4.. U # ~ A ~ ` . . . S'~ ~ pt ~r'J : ~ , ~~CI ~ * A ~ ~ R~# ~ ~ t ~ • R y ~ ~~A + . . ~ A , i ~3'Y.+, ~ *+R~, Y F. F ~ Y11~a } . . . . ff. , i3' ¢ b• ~ ~ . r ~ s~ ~_~j, y~~~?t 1 ' , • ' ~ , Attachment: B ' #WN OV~K' Department of Public Works & Transportation 1309 Elkhnrn Drive Vail, CO 81657 970-479-2158 Fax: 970-479-2166 www.vailgov.com MEMO To: Elisabeth Reed From: Tom Kassmel, Town Engineer Re: Willows Redevelopment PEC Review Date: 09/ 12/06 The Town of Vail Public Works Department has received the Planning and Environmental Commission submittal plan set dated 8/28/06 for the Willows Redevelopment. Based on our review the following comments will be required to be resolved prior to approval. Comments ~ 1. The Porte Cochere area does not meet current town standards. TOV standards requires a minimum entrance angle of 70 degrees for 30'. However due to its location on a one way street and the traffic flows in and out of the Porte Cochere area PW can support this variance. 2. Show driveway slopes on Porte Cochere. 3. The first 30' of the driveway entrance shall not exceed 4%. Please show slope. . 4. All driveways greater than 9% must be heated. All heat within ROW must be on a separate zone and no heat shall be in the required concrete pan. 5. Show sight distance triangle on Landscape/Site plan. 6. Provide an 8' concrete pan at drive entrances. A 4' pan with a 1" invert may be used if it has adequate drainage capacity. 7. Show top and bottom of all walls. 8. All retaining walls must be a minimum of 2' off adjacent property lines. 9. Minimum two way drive access into parking garage is 22'. 10. Minimum two way garage door access width is 20'. 11. Show snow storage on site. 12. The minimum width of the porte cochere is 12' for one-way access. 13. The developer shall provide a traffic impact study showing any change to PM peak hour trips. 14. The developer has proposed to reconstruct Willow Rd to provide an 8' paver walk and a 12' travel lane with curb and gutter, similar to Hansen Ranch Rd. and East Gore Creek Drive. Preliminary design plans should be provided prior to approval. This improvement is in consistent with the intent of future Streetscape improvements and is supported by Public Works. 15. Coordinate with AIPP for Public Art contribution. ~ 16. The Developer complies with Public Works General Conditions of Approval. (See attached) • Town of Vail ~ Public Works General Conditions of Approval 1. Please add the Town of Vail General Notes to construction plans. (Notes can be e-mailed upon request) 2. Please add Utility Signature block and have all utilities sign acknowledging acceptance of utility design. 3. All construction staging issues shall be resolved prior to construction including staging, phasing, access, schedules, traffic control, emergency access, etc... 4. A ROW/LTtility permit shall be obtained and approved by the Town of Vail prior to commencing any construction within public Right of Way. 5. A Town of Vail Revocable'ROW permit shall be recorded for all private property improvements located within public ways. 6. Prior to approval of a Building permit all necessary permanent and temporary easements are recorded with Eagle County. 7. Prior to approval of a Building 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). , 8. Any excavation shoring methods used that encroach upon adjacent public or private property shall have approval by the appropriate owner and have a recorded easement prior to construction. 9. A CDPHE Permit and all applicable ACOE permits (i.e. Dewatering) shall be submitted prior to construction. ~ 10. Provide full civil construction drawings meeting Town of Vail standards prior to building permit submittal. ~ ~ Attachment: C Law Office of ~ Arthur A. Abplanalp, Jr. L.L.C. Telephone: Post OffiCe Box 2800 Physical Address: 70.476.0300 Vail, Colorado Suite 301 I 970.476.6500 Vail 21 Building Telecopier: 81658-2800 472 East Lionshead Circle 970.476.4765 Vail, Colorado E-mail: Art.Abplanalp 14 September 2006 81657 @earthlink.net Plaruiing and Environmental Commission of the Town of Vail 75 South Frontage Road West ~ Vail CO Re: Willows Condominium Redevelopment Members of the Commission: This office represents Riva Ridge South Condominium Association in connection with an application for the demolition and redevelopment of the Willows Condominium, which is adjacent to Riva Ridge South. The application for the redevelopment of the Willows Condominium is scheduled for a work session with the PEC on the 25th of September, and this letter is being directed to the PEC in coruiection with that work Session. ~ It should first be emphasized that Riva Ridge South supports the redevelopment of the Willows Condominium. On its face, the current Willows redevelopment plan appears to be attractive. Although there is at least one violation of the common property line by a proposed roof line, that arrangement may be acceptable to Riva Ridge South, recognizing that a similar condition may exist with reference tathe roof of Riva Ridge South. There are, however, several considerations which compel Riva Ridge South to point out that the application is not ready for forma] consideration by the Town of Vail, although the work session review which is scheduled is a logical and necessary first step toward redevelopment of the Willows project. First, the application filed with the Town of Vail does not indicate whether or not the current proposal can proceed without the use of the lot to the east, which is the Riva Ridge South Condominium property. By overlaying the Garage Level Floor Plan (which doesn't establish the location of the property lien or Riva Ridge South) on the First Level Floor Plan (which does establish the location of the property line and Riva Ridge South) (see attached), it appears that the garage/foundation wall will be only approximately thirteen feet from Riva Ridge South (without consideration of the actual area of excavation, although Mr. Pyleman has indicated that the Willows actually is to be moved eighteen inches to the west). Excavation and construction in such close proximity to Riva Ridge South may affect the structural stability of its building. Information regarding the nature and effect of this proximity, which has a direct relationship to the question of whether the Willows project can proceed without the use of Riva Ridge South land, should be provided and available to the Town before fornial consideration of the • application by the PEC. ; • Recent discussions between the Willows developer and Riva Ridge South indicated that it may be impossible to construct the east wall of the proposed parking garage/foundation wall without the use of soil nails or similar devices which would extend across the property line onto Riva Ridge South property. If this is the case, the use of soi] nails or other construction technique may affect the structural integrity of the improvements on the property. Although representatives of Riva Ridge South have discussed the project and hope to cooperate with the Willows developers, at this point in time no infonnation regarding construction techniques have been provided. To the best of the knowledge of the representatives of Riva Ridge South, plans have not been developed by the Willows developers which identif_y the requirement for construction of that garage/foundation wall or the nature, scope, or impact of such construction on Riva Ridge South property. The developer should be required to confirni the type of construction technique which will be employed so close to an existing building. The questions of whether Riva Ridge South property must be used or penetrated in association with the Willows project and whether Riva Ridge South can or will permit the use of its property in association with the Willows project must be resolved prior to formal consideration of the Willows application. Otherwise, the Town may find that it's staff time and effort will have been devoted to a project which cannot proceed because the project is premised ~ on an assumption (use of Riva Ridge South property) which cannot be realized. Riva Ridge South has several other concerns which should be considered early in the consideration of the Willows project. One central concern is the preservation of existing large trees which are located in whole or in part on Riva Ridge property. One of these trees appears to be within ten feet of the proposed Willows garage wall (again without consideration of the actual area of excavation). These trees may be killed by adjacent excavation and construction activity. Riva Ridge South is also concerned regarding the demolition of the current Willows structures. While it is, perhaps, to early to expect definite answers to this concern, it is a concern which will arise during the planning process. Another issue relates to the possible redevelopment of the Riva Ridge South project. Riva Ridge South must obtain assurance, to the extent possible, that the development of the Willows project will not affect or limit the redevelopment of its own property. Further, the effect of the Willows redevelopment project should not affect the enjoyment of the Riva Ridge South property by its owners. Although a commitment has been made to provide visual depictions of the appearance of the Willows project from the Riva Ridge South condominiums, that has not yet occurred. M ~ ~ While the fundamental and preliminary questions of (a) whether Riva Ridge South property must be used in association with the Willows development property and (b) whether the , Willows redevelopment plan may affect the structural integrity of the Riva Ridge South property should be determined before formal consideration of tlle Willows project occurs, each of these concerns noted above should be dealt with and resolved during the early review of the project proposal. For each of the reasons noted above, Riva Ridge South Condominium Association cannot, at this time, provide any assurance whatsoever that the Willows redevelopment project will be able to use Riva Ridge South property or that support can be given to what generally appears to be an attractive project. In order to determine whether the Willows project can proceed without the use of Riva Ridge South property, the effect of the proposed construction in close proximity to that property must be determined and evaluated, and a decision should be made regarding the terms upon which Riva Ridge South property may be used, if such use is necessary, before the Willows application receives formal consideration. If the PEC and the Town of Vail proceed with formal consideration of the Willows ~ redevelopment project, that decision must be premised upon the understanding that no agreement may ever be reached permitting the use of Riva Ridge property in the redevelopment of the Willows. Approval of a project premised on an erroneous assumption would be an unfortunate and expensive experience for all concerned, and the Riva Ridge South Condominium Association hopes that, to the extent possible, these issues will be resolved before action is taken by the Town on the pending application. If you have any questions regarding the foregoing, you may contact me. On behalf of the Riva Ridge Condominium Association, I thank you for your consideration of the Association's concerns relating to this matter. \ V e truly yo ' Arthur A. Abplana , Jr. Enclosure xc: Riva Ridge South Condominium Association Town of Vail Department of Community Development Attention: George Ruther and Elizabeth Reed • I ; • ~ a- ~ o ' F ' d I ,X oasOdoae LL ~ ~ ~47 ~ e 8 a ' L Z J ~ CL V I LLJ ~ O w i ' ~..o~~ 5 . ' ~J . i . ~ I . . ~ . ~ - ' GO , - • ~ i • ~ I . . . . _ ! ~ C - ::R^~ - \ I' ' ~ ~ I = ~ ~ ~ ~ "tl ' ` - . . ~ : I G 'r i j I I . . . , ' I , • yt t 1 ~ ' - _ ~ i i j , . • . _ . . t ~ ~ - . . . . . , . . ~ ~ , , ~ 1 W ~ li ; . . c~ - , , . . t' ~ 1 . ~ ~l~l,~`: _I.... . , '-_I- - v ~~i .L'~~ //W['~ •'~f~^4 ii -±.-i! r^ . ~ Q _ _ _~I • / ~ ~ ~ -?•i'~/~ • ' ~ _ _ ~ : N J.__~_.__ . ~)66F • . . :l . 1~. ~ ~ oe•y. .1' . . . 5C ~ ~ ~ ~o ~ • ~ ~ i ~ --s Attachment: D Willows SDD application Adjacent owners mailing list . 100 Vail Road William J. Dore C/O Dore Family Office - PO Box 67 Sulphur LA 70664 10 Forest Road Ronald J. Byrne 10 Forest Road Vail CO 81657 44 Willow Place Patricia L. McMunn Unit 1 1741 Galleon Drive Naples FL ~ 34109 Helen Miller Kurtz Unit 2 6 Eaton Road Scarsdale NY 10583 Alford, Theodore Bruce & Barbara Lawrence ' One Chestnut Weston MA Unit 3 02193 Bisho Park Bishop Park Condominium Association C/O Phillips & Associates, Inc. PO Box 1403 Vail CO 81657 Edelweiss Edelweiss HOA 103 Willow Place Vail CO ~ 81657 Riva Ridge South ~ Riva Ridge South Condominium Association C/O Willows Management 74 Willow Road Vail CO 81657 Willow Road Public Park Town Of Vail 75 S. Frontage Road Vail CO 81657 • ~ N 0 ~ M m 0 ~ L~ W CL, . ~ W 0 9 oa c ° ~ ~ _1 ~ a ~}oa s o ~ o Z N j W ~ ^ s 66a w ~ C] a5 o a~° ~ 2 o z 'o'MR' u c rL ~ (a ~~gmq!~ ' ~q w " °c) _j a °d A4 llijmu 3a1,Q° 9,Ow~ ~ ~ a w V 7 0 ~~3~ 3 g LL~ 65 ~ W Nq'zWi~ ~`S 7 6g u .6 5 4 3 ~ ~ ~ ~1 p ~ ~ ~ ~ ~ sk y c.~ Y~ vT0-~ ~CO Z J Q ~ Q 0 Q i~y$'~ $~~~k.' t~ wl ur N~~N a So~ ~ a:~a `S'< j ~ ~ g~a ~ ~ ~:I ^ I 'oo, ~ . , a f[~~ p \ noin oen ! ~ ; n` ' 1~ N u: ~ ~ ~ V9 o d~~ - .99'9fl ~ pdn . / .t1f'm . . 3.Lbq A 1 9g~ry 3; 41 ` ~ ~ ~ ~ t ~ $ r°n'rn . 1 ~ • 1 ? r { ~ ; i.. Z5 0 I ` 3. ~ ~ 9 t n _ . '--~'a:e`~ ~ , O O~> i^ ~~w cr ^ . . " 1' s I ° ~ ~w°' . %`3s 6.~tl '~i.1 • ~ . 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'~S --+~-ii-' I ' I ~ '~yk I I I I ~ l ( i ~ i i ~ i ~ i i i I >,r,.,.a.....,v:,.~.,..-r.:.~~..,. . ~ __.,,,~:>-.4;,..-~:..: _ • . . , MEMORANDUM • TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 25, 2006 SUBJECT: A request for a final review of an exemption plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, for a modification to a shared property boundary between Lots 3 and 4, Block 5, Bighorn Fifth Addition, located at 4916 and 4920 Juniper Lane, and setting forth details in regard thereto. (PEC06-0063) Applicant: Slick Asset Management Trust, represented by William and Sally Slick, Co-Trustees Planner: Warren Campbell 1. SUMMARY The applicant, Slick Asset Management Trust, represented by William and Sally Slick, is requesting approval of an Exemption Plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to reconfigure the lot line • shared by Lots 3 and 4, Block 5, Bighorn Subdivision, Fifth Addition, which will result in no net change in lot area for either lot. Staff is recommending approval of this application, subject to the criteria and findings outlined in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant has proposed to reconfigure the lot line shared by Lots 3 and 4 as depicted on the proposed plat (Attachment B). The purpose of reconfiguring the property line is to allow for the location of more aesthetically pleasing landscaping on Lot 3. The existing lot sizes of Lots 3 and 4 will not change as the shared lot line is to be reconfigured to facilitate an equal swap of land. Lot 3 will remain at 0.532 acres (23,173.9 sq ft); and Lot 4 will remain at 0.588 acres (25,613.2 sq ft). A vicinity map and the proposed exemption plat are attached for reference (Attachments A& B). III. BACKGROUND In November of 1966, the original plat of the Bighorn Subdivision Fifth Addition was approved, thereby establishing Lots 2 and 3, Block 1, Bighorn Subdivision, Fifth Addition. In September of 2004, the Design Review Board (DRB) approved a new single family residence on Lot 4. . 1 ~ I 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 I 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 I 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. 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: Within ten (10) days the decision of fhe 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 Environmenta/ 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 • 2 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. VI. SURROUNDING LAND USES AND ZONING Land Use Zonina North: Residential Two -Family Primary/Secondary (P/S) East: Residential Two -Family Prima ry/Seconda ry (P/S) West: Residential Two -Family Primary/Secondary (P/S) South: Residential Two -Family PrimarylSecondary (P/S) VII. SITE ANALYSIS ~ Lots 3 & 4, Block 5, Bighorn Subdivision, Fifth Addition (4916 & 4920 Juniper Lane) Zoning: Two -Family Primary/Secondary (P/S) Land Use Plan Designation: Low Density Residential Current Land Use: Single and Two-Family Residential Current Lot Size: Lot 3: 23,174 sq ft(0.53 acres) Lot 4: 25,613 sq ft(0.58 acres) Development Standard Existin Proposed Lot Area: Lot 3: 23,174 sq ft (0.53 acres) No change Lot 4: 25,613 sq ft (0.58 acres) Minimum Dimension: 80'X80' min. No change Buildable Area: 23,174 sq ft and 25,613 sq ft No change Frontage: 30' min. No change Access: maximum of 2 No change • 3 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 ihe recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-3C 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 I, 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. Staff is recommending approval based upon the no net change in lot sizes for either lot with this proposal, and upon the basis of it resulting in an aesthetic improvement for the neighborhood. • IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission (PEC) approves an exemption plat pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to an existing lot line between Lots 3 and 4, Block 5, Bighorn Subdivision, Fifth Addition. 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 13-3-3C above. The Planning and Environmenta/ 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 4 surrounding land uses and other app/icab/e documents, effects • on the aesthetics of the Town. " X. ATTACHMENTS A. Vicinity Map B. Copy of the proposed Exemption Plat for Lots 3 and 4, Block 5, Bighorn Subdivision, Fifth Addition. • ~ 5 4".~1 'MMp ~#Y~~I+ a~,~~ c~y+~~ , • ~:'r~ .i;.,+ . ~ E ~.~p? f +r~: ~ ~ w~M , yti.}J!~ a . 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August 14, 2006 . 1~iV'NOFVAfL'' 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Doug Cahill Chas Bernhardt Biil Pierce Rollie Kjesbo Dick Cleveland Anne Gunion Bill Jewitt Site Visits: 1. Kjesbo Residence - 3877 Lupine Drive 2. Thomas Residence - 4024 Willow Way and 4026 Lupine Drive 3. Vail Mountain View Townhomes - 442 South Frontage Road 4. Golden Peak Ski Base and Race Building and Children's Ski School - 498 Vail Valley Drive 5. Whitewater Park - East of the International Bridge on Willow Bridge Road i 6. Lion Square Lodge East - 660 West Lionshead Place 7. Eagle River Water and Sanitation District - Unplatted parcel west of West Forest Road I •8. Timberline Roost Lodge - 1783 North Frontage Road Driver: George • ' Public Hearing - Town Council Chambers 5 minutes 1. A request for a final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the installation of a sanitary sewer line in the Gore Creek Floodplain, located at 3877 Lupine Drive/Lot 6, Block 1, Bighorn 1S' Addition, and setting forth details in regard thereto. (PEC06-0046) Applicant: Roland and Jeanne Kjesbo Planner: Matt Gennett ACTION: Approved with conditions MOTION: Cleveland SECOND: Jewitt VOTE: 6-0-1 (Kjesbo recused) COND{TlONS: 1. That the applicant provides the Community Development Department with an ILC of the site following the completion of the sewer line connection work prior to the granting of a TCO or CO in order to verify no permanent modification to the floodplain has occurred as a result of this proposal. Matt Gennett presented the project according to the memorandum. Anne Gunion asked if an EIR (Environmental Impact Report) had been submitted. Matt Gennett clarified that the Public Works Department had waived that requirement due to the fact that the • applicant had already received Army Corps approval for the proposal. Shortly afterward, Doug CahiN verified with staff that the appropriate approvals had been obtained. Page 1 i t ~ 30 minutes 2. A request for a final review 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: Matt Gennett I ACTION: Approved with conditions MOTION: Kjesbo SECOND: Cleveland VOTE: 7-0-0 CONDITIONS: 1. That all the public works conditions of approval, as stated in Section IX of the staff memorandum dated August 14, 2006, be adhered to in full prior to the issuance of a TCO for the Timberline Lodge property. 2. That the developer shall add 4" irrigation sleeves on the traffic control islands proposed on the North Frontage Road at the time of construction of the proposed redevelopment, should irrigation be required on their landscape plan as part of the applicant's Design Review Board application. Matt Gennett presented the project according to the memorandum. Dominic Mauriello, the applicanYs representative, explained the project in further detail through I' story boards and a digital rendering. I Greg Beamis, a neighbor to the north, expressed continued concern about the side of the building. He recommended that the PEC take some time to review the new plans in detail. • Jim Lamont, Vail Village Homeowners, expressed concern about the turn lanes, the median, the bus stop, and the general interaction between the proposed structure and the existing Frontage Road and I-70 corridor. Dominic Mauriello commented that they were actually not even required to provide left turn lanes, but were, regardless. Jim Lamont again expressed the concern that the road may eventually carry far more traffic than it does today. Wendy Erb commented that she thought that the developer was moving towards a better structure. However, she was still concerned about the bulk and mass of the structure. She expressed further concern about the amount of shadow cast during the winter on surrounding areas. She felt that some drainage mistakes existed on the road to the north, regardless. Finally, Ms. Erb commented that she thought there might be an error regarding hearing dates in the memo. Bill Pierce asked Greg Hall how and when the Frontage Road improvements would occur. Greg commented that the traffic impact fee could be raised, but Council approval would be required for any change. Anne Gunion agreed with the Staff's recommendation, but also agreed with the developer's request to change the conditions of approval. She commented that the developer has proposed ~ more than should have been required as part of today's application. Page 2 Chas Bernhardt agreed with the suggestion to modify the conditions. He commented favorably on the modification of the bulk and mass, the changes to the faCade, etc. • Dick Cleveland asked the applicant if the for sale units would be operated under a rental program. The applicant replied in the affirmative. He also asked if the bike would truly be a ~ bike/recreational path, and not simply a pedestrian path. Dominic replied that the path was meant for "recreation". Mr. Cleveland asked if the developer was asking for an offset to the traffic impact fee to cover the amenities proposed. The applicant replied that the offset to the traffic impact fee would help in the construction of the proposed improvements. Dick Cleveland ~ said that he did not see a problem with the continuation of the bike path. He thought that the trash shelters did not necessarily need to be combined. As large as the project is, he thought its proximity to the Frontage Road could be tolerated. Bill Jewitt also supported modifying conditions #20, #14, and #21. This process has shown that the changes to the building spoke well for the ongoing review process that existed in the Town, since the building has become substantially better. He also thanked the neighbors for their input. Rollie Kjesbo agreed that the developer had traveled far in the review process. He had no issues with the changes proposed to conditions #20 and 21. He thought that condition #14 should stay active. red his collea ues. He thou ht that the buildin Doug Cahill seconded the opinions offe by g 9 9 complied with the criteria for approval. He worried about the proximity of landscaping to the roadway, but was still in favor of the project. Dick Cleveland mentioned that Jim's comments had merit. He proposed that the Town provide • for the possible eventual construction of a median. Chas Bernhardt asked if the continuation of the walk would contribute to the discounted impact fee. His question was verified affirmatively. Following the motion and second, Dominic commented that there were a number of large trees that would likely need to be removed if the sidewalk was continued. The PEC commented that that would be a DRB issue to resolve. 10 minutes 3. A request for a final review of floodplain modifications, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for the stabilization of the Gore Creek streambank and modifications to the Town of Vail White Water Park, in the Gore Creek floodplain, located at Tract 1, Block 5E, Vail Viliage Filing 1, (generally located east of the fnternational Bridge on Willow Bridge Road), and setting forth details in regard thereto. (PEC06-0050) Applicant: Town of Vail, represented by Gregg Barrie Planner: Bill Gibson ACTION: Denied - MOTION: Jewitt SECOND: Kjesbo VOTE: 4-3-0 (Pierce, Gunion, Bernhardt opposed) (Based on the finding that the proposed structure would have a negative effect on the environment). Bill Gibson presented the project according to the memorandum. • Page 3 Rollie Kjesbo asked if "such other factors and criteria as the commission deems applicable" could include the facts that the proposed bladders are not a natural addition to the creek. Bill Gibson commented in the affirmative. • Gregg Barrie commented that when the park was originally constructed, there were high hopes regarding its future. He said that numerous analyses had been completed regarding improving the site. He said that any additional permanent structures or boulders could impact the floodplain. The reason the bladders are being proposed is the can be deflated at times of high water flow to not impact the floodplain. He commented that most people who walk by will likely not notice the bladders. Doug Cahill asked how the floodplain would be affected by rocks within the stream. Gregg responded that the flow would be displaced and therefore cause a floodplain issue. He continued by saying that only a couple of inches of height could be permanently placed in the stream without negatively effecting the flow. ~ Bill Jewitt questioned the original decision to construct the whitewater park in it present location. He quested if a different section of the creek would be more appropriate and no have the potential floodplain impacts of the current site. Bill Pierce did not have issue with the un-natural appearance of the bladders since the creek was not currently a pristine environment. However, he did not support the expenditures necessary to implement this proposal. Anne Gunion believed that the proposal complied with the review criteria. Chas Bernhardt commented that this proposal was similar to the terrain park on the ski • mountain. The whitewater park should be visible, easily accessed, and improved in order to bring people to town. Dick Cleveland stated that there is no question that this met all the floodplain issues. He did think it was unreasonable to expect this area of the creek to be a whitewater park. The negative impacts of the bladders would not outweigh the convenience of the higher water level. Bill Jewitt agreed with Mr. Cleveland and felt that the proposal did not meet the criteria for modifications to the floodplain. 10 minutes 4. 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 a combination of two lots into a single lot, Lots 12 and 13, Bighorn Subdivision, located at 4024 Willow Way and 4026 Lupine Drive, Bighorn ' Subdivision, and setting forth details in regard thereto. (PEC06-0051) Applicant: Trudy Thomas i Planner: Warren Campbell ACTION: Approved MOTION: Kjesbo SECOND: Jewitt VOTE: 7-0-0 Warren Campbell presented the project according to the memorandum. Trudy Thomas, the applicant, made herself available for questions but did not have anything to add, but commended staff for being so helpful. . Page 4 , Doug Cahill asked the applicant if she was comfortable with the concept of transforming two lots into one. ~Trudy Thomas commented that the proposal would be in better keeping with the surrounding lots. Bill Pierce asked if the applicant could re-subdivide into two lots in the future, Staff commented in , the affirmative. 30 minutes 5. A request for a recommendation to the Vail Town Council of an amendment to Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, to further identify opportunities for the future redevelopment of the Lion Square Lodge, located at 660 West , Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0056) Applicant: Lion Square Lodge East and Vail Resorts, represented by Chip Melick ~ Planner: Bill Gibson ACTION: Recommendation of Approval Forward to the Town Council MOTION: Kjesbo SECOND: Jewitt VOTE: 7-0-0 Bill Gibson presented the project according to the memorandum. Anne Gunion asked if Vail Resorts had agreed to the proposal, which Staff verified in the affirmative. Chip Melick described the application in further detail. ~No public comment was proffered. Bill Pierce noted his concern about the precedence this proposal could set for other properties. Bill Gibson commented that a"build to" line had been contemplated, but that such a line was better suited for streets, streetscape design, and other related projects. Bill Jewitt comrriented that in a different situation, the adjacent property owner might be badly effected. Bill Gibson commented that easements which allow for certain improvements are beneficial in that they allow for legal means for an encroachment. The encumbrance would be in perpetuity, or at least last for the duration of the existing structure, in answer to Anne Gunion's question. Doug Cahill asked about the extension of the existing GRFA into the setback. Chip Melick commented that the building footprint currently existed two feet (2') within the setback. Chas Bernhardt commented that this concept was a step forward for the whole Town in implementing the intent of the Town's regulation, rather than just the black and white. He noted that achieving consensus between two parties was invaluable. Dick Cleveland asked if this change was approved if this property was the only property entitled this privilege. Bill Gibson commented that, as proposed, this would only apply to Lions Square Lodge. Any other property would need to undergo the same process for a simifar request. He ~ommented that the 4`h paragraph of the proposed text was excessive and should be deleted. Page 5 Bill Jewitt commented that the proposal met the intent of the setback area. ' Doug Cahill asked if the building code non-conformities were being addressed through this • proposal, which Mr. Melick clarified in the affirmative. He then asked why this was not addressed as a variance. Bill Gibson commented that staff felt that a variance from the setbacks would not be appropriate and the more appropriate process would be to amend the master plan. Doug Cahill asked that the finding be added to Rollie's motion that stated the increased conformance of the project with applicable codes. Other Commission members did not think that such a finding would be necessary. Bill Pierce asked if these units were not expanding if the request would be necessary. Bill Gibson commented that the proposed additional square footage necessitated the application. 30 minutes 6. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and• the renovation of, the Lion Square Lodge East, located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0041) Applicant: Lion Square Lodge East, represented by Bill Anderson Planner: Bill Gibson ACTION: Approved with conditions MOTION: Kjesbo SECOND: Jewitt VOTE: 7-0-0 CONDITIONS: Prior to Application for Buildinq Permits . 1. Prior to application for building permit, the developer must obtain Vail Town Council approval of a resolution amending the Lionshead Redevelopment Master Plan to allow for encroachments within the setback area adjacent to the Ski Yard. 2. Prior to application for building permits, the developer must obtain Town of Vail Design Review approval of this proposal. 3. Prior to application for building permits, the developer and Vail Resorts must enter into a legally binding agreement with the Town of Vail memorializing the location and specific provisions of the "restricted area". Prior to Requestinq a Temporarv Certificate of Occupancv 4. Prior to requesting a temporary certificate of occupancy for this proposal, the applicant must obtain Town of Vail approval of an amendment final plat to update Condominium Map to show the improvements associated with this proposed renovation. The applicant shall place a note on the plat acknowledging the potential negative impacts associated with encroachment into the setback areas adjacent to the Ski Yard. Recommendation: 1. The applicant and the Design Review Board find ways improve the proposed landscape plan better screen the parking lot and the provide a better transition to the ski yard. 2. The applicant should make a contribution to public art (Commissioner Cahill). Bill Gibson presented the project according to the memorandum. . Page 6 I~ . Chip Melick, the applicanYs representative, further explained the proposal and iliustrated the nature of the Major Exterior Alteration via a 3D digital model presentation. • Doug Cahill asked if copies of what was presented in the presentation could be made available for the public. George Ruther commented that still photo images from the model could be provided, but not necessarily the computer files. Jim Lamont, Vail Village Homeowners Association, asked what the applicant's strategy was for the final phase of redevelopment of this project. Bill Anderson, general manager of the Lion Square Lodge, commented that the applicant was willing to work on the landscaping near the ski yard. They were more than happy to make the connection in that area work well. Jim Lamont asked if anything could be done to reduce the amount of surface asphalt. Bill Anderson noted commented that a large portion of the parking lot was just rebuilt with the Arrabelle project, but that the three condominium associations were working together to provide a better transition area. , Dick Cleveland also expressed concern about the areas that Jim mentioned. He also asked about future parking being located below grade. Overall, he was supportive of the project. Bill Pierce expressed some concern about the parking as well. Bill Anderson expressed that they, too, had the desire to reduce the surface parking area. He stated that is was quite complicated to complete the reconstruction that had been prompted by the Arrabelle reconstruction as well. To do anything now would be prohibitive for several years. ` Doug Cahill commented that is was refreshing to see a project that was not proposing substantial new height increases, etc. He asked what public value was being added as a part of this request. Chip Melick commented that the exterior changes to the building were likely valuable enough. Dick Cleveland asked that the importance of reducing visible parking be made clear to the Associations. 10 minutes 7. A request for a final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for grading within the Gore Creek 100-year floodpfain, to install public utilities, located on an unplatted parcel of land directly west of West Forest Road (a more complete location description is available at the Town of Vail Department of Community Development). (PEC06-0052) Applicant: Eagle River Water and Sanitation District Planner: Bill Gibson ACTION: Approved with conditions MOTION: Cleveland SECOND: Jewitt VOTE: 7-0-0 CONDITIONS: 1. Prior to construction, the applicant shall comply with the requirements of all applicable local, state, and federal permits and approvals. 2. Prior to construction, the applicant shall submit written documentation to the Town of Vail verifying Vail Resort's granting of an easement allowing for the construction of the new sanitary sewer line. ~ Page 7 3. Prior to construction, the applicant shall coordinate all grading associated with + this proposal with the State of Colorado Division of Wildlife to ensure the ' protection of fish and other aquatic species. • ~ 4. Within 30 days of completion of the improvements/modifications within the 100- year floodplain, the applicant shall obtain Town of Vail approval of an as-built survey demonstrating that the 100-year floodplain was modified in accordance with this approval. Bifl Gibson presented the project according to the memorandum. He commented that Army Corps approval had been given, as had the Town's floodplain coordinator. Marty G. responded to a question that the construction would likely take place in October. Chas Bernhardt asked a question about stench in another area of town, which question was irrelevant to the subject at hand. 15 minutes 8. A request for final review of a conditional use permit, pursuant to Section 12-8D-3, Conditional Uses, Vail Town Code, to allow for the redevelopment of ski racing facilities; and a request for a final review of a minor amendment to the Golden Peak Ski Base Development Plan, pursuant to Section 12-8D-6, Development Plan Required, to allow for an interior addition within the Children's Ski School building and the redevelopment of tMe race course finish building, located at 498 and 598 Vail Valley Drive/Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC06-0057 & 0058) Applicant: Vail Associates, Inc., represented by Jay Peterson Planner: Elisabeth Reed ACTION: Approved with condition(s) • MOTION: Kjesbo SECOND: Jewitt VOTE: 7-0-0 CONDITIONS: , 1. Prior to release of a building permit from the Town of Vail Community Development Department, the applicant shall receive approval of the associated design review request. Staff made a presentation per the staff memorandum. Jay Peterson, representing Vail Associates, made himself available to answer any questions the Commission may have. There was no public comment. Bill Pierce indicated no concerns with the application. He recommended that the DRB reviews the project and address materiality and quality concerns. i Doug Cahill questioned the location of the building relative to the race arena and any safety issues. Brian McCartney addressed the questions, stating that the building was being proposed further to the north simply to protect existing vegetation. . Page 8 ~ ~ 10 minutes 9. A request for a final review of a minor subdivision, pursuant to Section 13-4-2, Procedure, Vail . Town Code, to allow for the resubdivision of Tract D, Vail Village Fifth Filing, creating two new lots, located at 442 South Frontage Road, and setting forth details in regard thereto. (PEC06- 0060) Applicant: Lunar Vail, L.L.C., represented by Ron Byrne Planner: George Ruther ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Bernhardt VOTE: 7-0-0 CONDITIONS: 1. That the applicant submits an exhibit to the Eagle River Water and Sanitation District depicting the location of the relocated 30-foot wide water and sanitary sewer easement for final review and approval prior to the issuance of a building permit for the construction of the Vail Mountain View project. Said easement shall be recorded by the applicant at the Office of the Eagle County Clerk and Recorder prior to the issuance of a temporary certificate of occupancy for the Vail Mountain View project. George Ruther presented the project according to the staff memorandum. Jay Peterson, representing the applicant, made himself available for questions. There was no public comment John Zohner, a neighbor who lived in Building B, commented that there was a provision on page • 6 of the memo that stated that the applicant needed to submit an easement to the Water District. George Ruther commented that this was agreed to by the District to be identified on the plat. He verified to John that this was a condition of approval. John commented that Buildings C and D were currently not associated with Buildings A and B. 10. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendments, Vail Town Code, for proposed amendments to Chapters 12-21, Hazard Regulations, 14-7, Geologic/Environmental Hazards, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create Wildfire Regulations that add wildfire hazard to the Hazard Regulations and require mitigation in high and extreme wildfire hazard zones, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede ACTION: Table to September 11, 2006 MOTION: Kjesbo SECOND: Jewitt VOTE: 7-0-0 11. 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) Page 9 Applicant: Vaii Resorts Development Company, Town of Vail, and Glen Lyon Office Buiiding ~ General Partnership Planner: Warren Campbeil • ACTION: Withdrawn 12. A request for a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Lion Square Lodge East; a request for a final review of a variance from Section 12-71-1-10, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for encroachments in the setbacks; and a request for a recommendation to the Vail Town Council for an amendment to Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, to create build-to-lines to allow for encroachments in the setbacks; located at 660 West Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC06-0041) Applicant: Lion Square Lodge East, represented by Bill Anderson Planner: Bill Gibson ACTION: Withdrawn 13. A request for a final review of a variance, from Section 12-6D-8, Density Control, and Section 12- 15-2, Gross Residential Floor Area Requirements by Zone District, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the secondary unit of a primary/secondary development to construct more than 40% of the allowable gross residential floor area (GRFA), located at 1989 Circle Drive/Lot 27, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC06-0049) Applicant: James Garland and John Kirschner, represented by Galen Aasland Planner: Bill Gibson ACTION: Withdrawn • 14. Approval of July 24, 2006 minutes MOTION: Jewitt SECOND: Cleveland VOTE: 6-0-1 (Kjesbo recused) 15. Information Update • Vacation schedules 16. Adjournment MOTION: Jewitt SECOND: Kjesbo 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 August 11, 2006, in the Vail Daily. . - Page 10 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING M August 28, 2006 TOWN4FVAli,'' 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME MEETING HAS BEEN CANCELLED MEMBERS PRESENT MEMBERS ABSENT Site Visits: Driver: George Public Hearing - Town Council Chambers 1. A request for a final review of a variance from Chapter 14-6, Grading Standards, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for retaining walls in excess of 6 feet in height, located at 796 West Forest Road/Lot 13, Block 1, Vail Village Filing 6, and setting forth details in regard thereto. (PEC06-0054) Applicant: Doug and Kathy Gannett, represented by Steve Riden Planner: Bill Gibson ACTION: WITHDRAWN 02. A request for variances from Section 12-14-17, Setback from Watercourse, Vail Town Code and Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter12-17, Variances, Vail Town Code, to allow for a deck addition to encroach into the fifty foot Gore Creek stream setback and the eastern side setback, and for the addition of bulk and mass within the front setbacks, located at 1905 West Gore Creek Drive/Lot 27, Vail Village West Filing 2, and setting forth details in regard thereto. (PEC06-0059) Applicant: Nadine Lange, represented by Dave Irwin Planner: Elisabeth Reed ACTION: WITHDRAWN 3. Approval of August 14, 2006 minutes MOTION: SECOND: VOTE: 4. Information Update 5. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Rlease call (970) .479-2356, Telephone for the Hearing Impaired, for information. Community Development Department / Published August 25, 2006, in the Vail Daily. Page 1 . i PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING so O September 11, 2006 TqWN 1: 00 MEETING HAS BEEN CANCELLED 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 September 8, 2006, in the Vail Daily. ~ . • Page 1 • PLr,NNING Alto ENnnwo?MEr?rAL • 1731 ~ , OOF OF PUBLICATION ' ~OWN COUNClL CHAMBERS / PUBLIC WEL- PR COME STATE OF COLORADO } MEMBERS PRESENT MEMBEfiS ABSENT site visrts: } SS• r. n,e waaWS -7a wuo„~ c~ COUNTY OF EA GLE } 2. Slidc Residence - 4916 and 4920 Juniper tsne Drnier: Public Hearing -TOwn Counai Chambers j I, Steve Pope, do solemniy swear that I am a qualified representative of the Vail Daily. That the same ~ minutes . A request ior a remnxr~on to 7 Daily newspaper printed, in whole or in part and published in'the County of Eagle, State of Colorado, and ~ v~, T~, ~or 8p~ cD ~r~n spec~al oEwewp,neM oisvict r~o. ao, r- j has a general circulation therein; that said newspaper has been published continuously and Su ~t to,~ae ,2-s~A>, s~ o~a~~~ tricts. Vail Town Code, to allow for the redeveloP- uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior meM of the Willows Condominiums, bceted at 74 wllow RoadlLot 8 Bbck 6, Vail Village FiNng 1st to the frst publication of the annexed legal notice or advertisement and that said newspaper has Firng, ~~ni~m~mae~ilsin .~rau~~ro. ' (PECO6~0o67) e Published the requested legal notice and advertisement as requested. .~~r Thewii~s cO~,aOm~- , um Association, Inc., represented try Triumph De- The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under ~bpment, LLC Planner. Elisabeth Reed Colorado's Home Rnle provision. i ACTION: MOTtON: SECOND: VOTE: 5 minutes at the annexed legal notice or advertisement was published in the regular and entire issue of every 2. A r~,esc ~r fin~ r~~ o+ 8~~i- I tional use permk pursuaM to SecUOn 12-6FI-3, Conditional Uses, allow for ~e construction of num er of said daily newspaper far the period of 1 consecutive insertions; and that the first publication of ""~fe e~ unn~, fr~~,a+ ~ u~ ~ tlmeshare license uni[s, bcated at 74 wlbw said notice was in the issue of said newspaper dated Se tember 2 , R~L~ e a~ s, Yail ViNage Fdirg tst Filing, P 3 ~2~~n9 in regard tl~ereto. (PEC06- A.D. 2006 and that the last ! ,opplscaM: rne wuUWS condo»ini- publication of said notice was in the issue of said newspapIctober ted September 23 . 2006. um ,~o~aoo~. ~~we~~t~ ~y T~~m~n o~- ~ rebpmerrt. LLC i Planner. Elisabeth Reed j ACTIOW: . ~ MOTIOM: SECOND: VOTE: n witness whereof has here unto set my hand this 16th da, 200 ` t5 mirwtes ~4~_ 3. A request tor a final review of an e9cempGon plat, pursuaM to Chapter 1&12, Exem~ n Plat ReaeProcedures, Vaii Town Code, for ~'u er/General a g e E d i t o r a rtwdification to a shared properry boundary be- tween Lots 3 and 4. Bbdc 5, Bighom FrRh A d di- Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this ° 3~ ro~m a~r~s m~ ~ECo 16th October, 2006. ' ment Trust. uysl v~ `~m a°~'~w ~ s`~i'~, , I co-T~~ w~cc.a ACTKK MOTION: SEf..ONU: VOTE; `71 4. A requeat br d rp~mnerrtlstion to me vail rown cow~a7 a an amerwknerx 6O ma Li- ~mela Joan Schultz o"~ ~ secaon e.s, aaopaon Na Amer,e,neM of u,e Mas- ter, , tbnshead RadevelopmeM Master_ Plan, pVe NOtBty PUbIiC toaPlmean~thelionsheadstudyAreaBoundanes 2O and Ctiapter 5. Deisiled Plan Recommendations, to include the sWdy'West lionshead' area, My Commission expires: November 1, 2007 9eneralN bcated at 646. 862, sso, srz~, ssa, s~, iooo, arw iosi soum r-r«,r~~~»oaa~w~ c : PAMELA J. i arKi D Vrcil Yi~iafgeGFling 2~, and nsereral ~ SCHULTZ ~ uo- . . planea par~l.s (a more ~te legal desc ~ ~~Q - . : i is awailable at tlie Commu^ftY ~ f'~ ~ partment), and setting forM details in y m o.~ ~00 to. (PEC06-0008) ~ O ~ ~E m~~~~ p~ C(~merrt ComPeM~. Ta~m W q V V"' fioe Bu i~ Pl~anr e. ~ k~F ~O C-0 -ec to the 9i ~ ,yy ~y ~E 5V ~ • m3m ;G-1 T o .22-'~=m ~ 1703 < 3~mo~.c m°ob'w~n~ ~Q 3 Q ^ o ~ &M m -n o5- o~'' m PROOF OF PUBLICATION ~ m~~ m a B 8 ° o C); 3{ W~ v° 3 F g`° 3 r- ~ ~ 3 O ~ 0 3 - m~ y~ n~ 5TATE OF COLORADO o=9 C y= Z = o a } SS. m f o y; v g mtns° 5 9 m ~ COUNTY OF EAGLE ~ m m° < y~ , g ~ ~.3Qnom a ~ ~ _ ~~m~m0 ~ m 3°» o f Fi ~r° m m Z O~ y n N< N Cm N~ m I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same a~ a m D~~ m m g.~ v~ m_ a 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 ~ y o= o ' m gR'_' m P1 w 3' D ~ g w. m~ afDo~ ~ a ~ o S ! w m~ a D uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior a~= m d o~ m, a;, m m ~ m to the first publication of the annexed legal notice or advertisement and that said newspaper has o m-n Ait m= a m0 11 <r~ mva-i 0o~o ~c o o r!,Qw J 5 G Published the requested legal notice and adveRisement as requested. 0 0. ~ m y; y m o m o=. m m,„ m m The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under g f a o a ;9 ~=2 ~ 3 m~ ~ ~v3 n ? m ~ ~ ~ Colorado's Home Rule provision. ~ o w N`. ~ - o ' y ~ 0-. f m 'c a- ~ a~ ° n `o ~ m oi ° c 0 '5 o $ '0mxo a omm3xy oa That the annexed legal notice or advertisement was published in the regular and entire issue of every m°(D; 3'R 3. ~ s m? o _ 3. w_ n ~ a u ~ lp F C) number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of _ 3 o a a 3 ~ N~ m H o m m m n»^ CI a said notice was in the issue of said newspaper dated September OS A.D. 2006 and that the last m` N•; y~ " a = - ? p ~ m d m O N(/i ~ ; publication of said notice was in the issue of said newspaper dated September 08 A.D. 2006. ° ' 3n3 m L~tn~+~u'~~ a~ o D ~ v ~ o o m - o c m - m a p m C T a Q N O O s3 m m~~ c m r~va ~a ~ ~ ap~c E m C g G TI Omi m. ~ a j m . CN fG j N (T In witness whereof has here unto set my hand this 13th day September, 20 y. 2 3;; N y a~„~a m; Oa n~ d1 t° ~ r~ n a n p~~ f Pllbll enet~f anager/Editor aL~ nmrT r L?fAipD ~ I 3 m 5 a- Q~ 3 D m 3°' 3 3 ~ x m^ m 11 m 3 m'-(Dm~~Amm^~:o?~ zoQ~ ~a Su bscribe d an d sworn to be fore me, a notary pu b lic in an d for t he County o f Eag le, State o f Co lora do t his o a a~ m a g~ o N o~ m ~ a s, 13th of September, 2006. m 3 N'a 0~" m°~" m- 3 ~ p O y 3 N pp I ~ Cp~ m ^wl N A OR N 0. O m ~ SG 0~ Pi ~ ~ r ^ flt ID V 0,i m~ > a 7'. a C I c0 0 n0~ o n m ~ m~ m Y P~ Pamela Joan SchuTiz m m a r~ m> 0) Notary Public -u ; A.M U, - .D o y o ~ „ J :2 > O• ~4 C~ ~m y~ ~ My Commission expires: November 1, 2007 3 m~ m . pp,l~AELA J • _ ~ g ~ ~ _ ~ : SCNULTZ ; m ~~m o3K m~(~ Ofm' mm • A J m K a 1 C1Q O o ^ ~ C~ ~ ~ m!p , • 'i W O ~ ~ N O ~ G . ~ 0*00.4 *000 ? oj ~ ~T ~ . o a o" m 3 _ ? y ~ ~ m 3 > > O m 6 9~~ w m~ v° ~ ~ a m w' ~ (o mm o rm ~ n~ ~ g -0~ m m m $m 3 O o ~ ~ - $ a 3 -4 m °c 3 ~ 3 ~ v PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ~ October 9, 2006 TOWNOF VA1L : TOWN COUNCIL CHAMBERS / PUBLIC WELCOME I MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Rollie Kjesbo (left at 3:10 pm) Ann Gunion Chas Bernhardt Doug Cahill Bill Jewitt I Dick Cleveland Site Visits: (none) Driver: Public Hearing - Town Council Chambers 1. A request for a worksession to discuss a proposed 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 October 23, 2006 MOTION: Jewitt SECOND: Cleveland VOTE: 6-0-1 (Rollie absent) , Warren Campbell gave a presentation per the staff memorandum. I Jay Petersen and Tom Braun, representing Vail Resorts Development Company, stated that they had addressed the concerns heard previously from the Commission in the proposed text i presented in the staff inemorandum. They made themselves available to address any questions. Jim Lamont, representing the Vail Village Homeowners Association, and Kaye Ferry, expressed concern about the elimination of language regarding employee housing within West Lionshead. Both identified the need to have interspersed locals housing within any development in West Lionshead. Jay Petersen identified that Section 4.9, Housing, Lionshead Redevelopment Master Plan, addressed how employee housing would be incorporated into any redevelopment of the sites. The Commission as a whole expressed concern over the need for more specifics on providing • employee/locals housing within the redevelopment. Within the Master Plan locations for housing and mix should be discussed. It was stated that the success of a new portal and West Page 1 Lionshead depended on having a critical mass of permanent locals housing ranging from products for families to individuals. Commission member Jewitt suggested that if the cost of • moving the Frontage Road would prevent the incorporation of significant locals housing maybe the Frontage Road would be better left where it is currently. Commission member Kjesbo expressed concern that employee/locals housing was not practical with the cost of redeveloping West Lionshead. The Commission asked to be informed of the outcome from the Council discussion regarding employee housing requirements discussed on October 10, 2006. Concern was also expressed by the Commission regarding specifics on the proposed transportation center and the related traffic study. Members expressed concern over what functions of a transportation center should be included within West Lionshead and was a large amount of public parking in this location appropriate. It was suggested that the language referencing the Simba Run underpass be made clearer and strengthened. Commission member Pierce commented that the Master Plan suggestion of an east bound exit in West Lionshead was still a good idea and should not be removed from the plan. The Commission requested that an overview of the traffic study be discussed at their next meeting. Several Commission members expressed concern over the viability of any large quantity of retail within this proposed portal. Uncertainty regarding whether or not the Town could support the square footages of retail proposed within the redevelopment was expressed. Commission member Cleveland expressed concern regarding the "creep" of Llonshead Mixed Use 1 and 2 zoning westward to include the Glen Lyon Office Building and Cascade Crossing then eventually towards Cascade. Jay Peterson stated that he spoke with Greg Hall regarding the transportation fee that would then be used to pay for projects such as Simba Run underpass. The redevelopment would be • assessed its portion of the traffic impact fee which could be put towards constructing Simab Run underpass. As far as housing, Mr. Petersen asked, should this site be the cure for the housing issue, beyond Vail Resorts obligation? If the Town Council passes a regulation fo provide employee housing, then VR will comply. Tom Braun stated that he was concerned to hear some of the comments made regarding the proposed text. He stated, that master plans are generally vague and mushy language, at a global level. The development review stage is where the specifics get discussed. What does the developer really get with this master plan amendment? They get the ability to ask for the development, but do not get the development outright. While employee housing has been stricken, this means that VR wants to have it at the North Day Lot or at Timber Ridge. The plan has not changed very much, and is addressing concerns, but the level of specificity at this point is at the master plan level. The impetus is the new lift and the addition of the 3.5 acres into the Lionshead Redevelopment Master Plan. 2. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendments, Vail Town Code, for proposed amendments to Chapters 12-21, Hazard Regulations, 14-7, Geologic/Environmental Hazards, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create Wildfire Regulations that add wildfire hazard to the Hazard Regulations and require mitigation in high and extreme wildfire hazard zones, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede MOTION: Cleveland SECOND: Jewitt VOTE: 7-0-0 ACTION: Recommendation of approval to the Vail Town Council with modifications and • conditions: Page 2 1. The words "plywood" "aluminum" and "steel" that were added to Articie 14-D1 shall be stricken from the text amendment; • 2. Staff shall consult the Town Attorney on the final language of the Ordinance to ensure it is in keeping with State Regulations; and 3. Staff shall include necessary language in Ordinance and adopt a policy that applications for re-roofing on duplexes be handled on a side-by-side basis, with each side allowed to re-roof and comply with new regulations separately. Rachel Friede made a presentation per the staff memorandum. Commissioner Rollie Kjesbo asked how duplexes will be addressed that are re-roofing at different times. Commissioner Bill Jewitt requested that Staff inform the media of the proposed text amendments so that the public was given a chance to comment. Staff responded that a press release will be created before the Town Council hearing, or before another PEC hearing, in the event that this item be tabled. Anne Gunion commented that the proposed text amendments should be reviewed with the Town Attorney because a new Colorado Statute that relates to roofing materials may require changes to the proposal. Bill Jewitt commented that this proposal is better than the previous comprehensive regulations. Rollie Kjesbo commented that Staff may need to entice duplex owners to re-roof at the same time and with the same Class A roofing materials. Otherwise, the Town Code should be amended in order to allow two different roofs for a period of time. • Dick Cleveland felt that plywood, aluminum and steel should be left as materials that go to the DRB for review under the criteria in place. Jim Lamont of the Vail Village Homeowners Association addressed the PEC, commenting that the Fire Department needed to create a comprehensive plan before the Staff changed the regulations. 3. A request for a recommendation to the Vail Town Council of an amendment to the Town of Vail Streetscape Master plan, pursuant to Chapter 1, Master Plan Process, to relocate Checkpoint Charlie, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Greg Hall Planner: George Ruther ACTION: Tabled to October 23, 2006 MOTION: Jewitt SECOND: Bernhardt VOTE: 6-0-1 (Rollie absent) 4. A request for a recommendation to the Vail Town Council of a proposal to establish Special Development District No. 40, pursuant to Article 12-9(A), Special Development Districts, Vail Town Code, to allow for the redevelopment of the Willows Condominiums, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1 St Filing, and setting forth details in regard thereto. (PEC06-0061) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed • ACTION: Tabled to October 23, 2006 MOTION: Jewitt SECOND: Bernhardt VOTE: 6-0-1 (Rollie absent) Page 3 • 5. A request for final review of a conditional use permit pursuant to Section 12-6H-3, Conditional Uses, allow for the construction of timeshare estate units, fractional fee units and timeshare license units, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1 S` Filing, and setting forth details in regard thereto. (PEC06-0062) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed I ACTION: Tabled to October 23, 2006 MOTION: Jewitt SECOND: Bernhardt VOTE: 6-0-1 (Rollie absent) 6. Approval of September 25, 2006 minutes ACTION: Approved MOTION: Cleveland SECOND: Pierce VOTE: 6-0-1 (Rollie absent) 7. Information Update 8. Adjournment MOTION: Bernhardt SECOND: Jewitt VOTE: 6-0-1 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 October 6, 2006, in the Vail Daily. ~ ~ • Page 4 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 9, 2006 SUBJECT: A request for a work session to discuss a proposed 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 "West Lionshead" study 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 one unplatted parcel (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 ~ 1. SUMMARY The applicants, Vail Resorts Development Company, Town of Vail, and the Glen Lyon Office Building General Partnership, are requesting a work session 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 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 one unplatted parcel; and to amend the text of Chapter 4, Master Plan Recommendations, and Chapter 5, Detailed Plan Recommendations, of the Plan to include detailed recommendations for the subject parcels. An additional purpose of the amendment is to adopt detailed plan recommendations for the properties. The purpose of the amendment 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 provide the applicants with feedback regarding the proposed amendments to the Lionshead Redevelopment Master 1 Plan. Staff and the applicants request that the feedback be as specific as • possible in order to most efficiently guide the amendment process. II. DESCRIPTION OF THE REQUEST The applicants, Vail Resorts Development Company, Town of Vail, and the Glen Lyon Office Building General Partnership, are requesting a work session with the Town of Vail Planning and 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, Vaif Village Filing 2, and one unplatted parcel. A map of the area to be added to the Lionshead Redevelopment Master Plan study boundary, "West Lionshead" (Attachment A) has been attached for reference. In addition to amending the study area boundary to 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 at the end of the section of the memorandum. The proposed amendments have been prompted by recent changes to the ~ existing conditions within the West Lionshead area. Vail Resorts has purchased three parcels of land which together have created opportunities for redevelopment that were not possible during the preparation of the Lionshead Redevelopment Master Plan. The primary opportunity is the creation 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 three additional parcels of land which should be incorporated into the Plan in the process, as the current text of the Lionshead Redevelopment Master Plan discuss potential future uses that impact the parcels, however, they are not included in the study area boundaries. 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 former 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 Town-owned stream tract and one Town-owned unplatted parcels located to the south of Gore Creek and Tract K of the Glen Lyon Subdivision. A map is attached for reference (Attachment A). 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 . 2 • purpose of the amendment is NOT to amend or otherwise alter the overall goals, objectives and policies stated in the Master Plan. The proposed amendments are indicated in bold (additions) and GtFoke threug# (deletions) as follows: Chapter 4, Master Plan Recommendations - Overall Study Area This section of the master plan addresses issues fhat 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 goa/ 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. 4.1.5 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 fown shops, a former gas station, the Vail Professional Building, Cascade Crossing, the Glen Lyon Office Building and Tract K of the Clen Lyon Subdivision, a portion of stream fracf, and two unp/atted parcels adjacent to Tract K to the south of Gore Creek. This area of Lionshead is generally under ufilized and from an aesfhetic 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 acquisifion of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part of Lionshead. Lift service brings wifh it greaf pofenfial for the re-development of this area and in doing so expand all of Lionshead to fhe west with improved pedestrian connections, new retail and office activity and other improvements. While lift access wil/ certainly energize this area during the winter months, attention shou/d be given to creating a year-round attraction within this area of Lionshead (see defailed plan recommendations in Chapter 5) Uses inGreased , empleyee , offiGe , meuntai.q , • The master plan recommends fhat this hub become a residential/ mixed use area wifh an emphasis on meeting the needs of both • the /oca/ community and our guests. Appropriate uses could include high density Feal-estate residential development, lodging, community and visitor based office and retail space, emp"e #eusing-~~ parking, bus or transit functions and a ski lift 3 connection to Vail Mountain. The catalysf for fhis mixed use • hub is ski lift access to Vail Mountain. aFea- To the extent possible development patterns in this area should reflect north-soufh orientation of buildings, visual penetrations to the mountain, and a pedestrian orienfed environment. The degree of north-south building orienfation may be difficu/t given the relatively narrow east-west orientation of fhis area. in addifion, fhe introduction of ski lift access in this location creates an ~"°rn,"~ opportunity for an sfructured 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 sanitafion plant. The mountain service yard will cou/d be reduced in size, as some functions can be moved to less central locations. It may a/so 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 sife. 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. 4.5 Public Transportation • An etficient transit system is critical to the character and environmental quality of any pedestrian-oriented resort. Goa/s identified by the master plan regarding transit include: 4.5.1 Connection to West Lionshead West Lionshead consists of the West Day Lot, the Vail Associates service center, the sanitation plant, aoe? the Holy Cross lot, the former 9as station, the Ifail Professiona/ Buildin9, Cascade - Crossing, the Glen Lyon Office Building, Tracf K of the Glen Lyon Subdivision, the Town owned Gore Creek stream tracf, and fwo Town owned unplatted parce/s to the south of Gore Creek. Because it is an area of potentially significant growth, it is important that it be fully integrated info 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). ' , , . The addifion of a ski lift in ihis area wou/d make this area more viab/e to redevelopment as it would be within fhe acceptable wa/king distance of a lift (1,200 feef). • 4 ' • 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: 4.5.2.1 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. It may be - possible to locate e/ements of a regiona/ transit stop in fhe West Lionshead area in conjunction with a new ski lift and parking facility. However, given its location on the periphery of Lionshead, this area may not be the most viab/e /ocation for a regiona/ fransit stop. Notwithstanding the above, facilifies for skier drop-off, private shuttle vans and Town of Vail in-town buses • should be included in the design of the ski lift and - parking facility. 4.6 Vehicular and Pedestrian Circulation 4.6.1 Interstate Highway 70 • 1-70 is the primary vehicular circulation corridor for the Vail Valley and is critically important to the economic health of the Vail community. !t 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 1-70 through the Town of Vail be studied and the potential benefits and impacts considered. Specifically, consideration should be given to securing the air-rights over 1-70 so that future development and circulation scenarios are not precluded. 4.6.2 South Frontage Road Recommendations outlined below address potential re-alignmenf 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 fronfage road, see fhe traffic • impact study contained in appendix A. 5 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 developmenf, thus reducing the potential for conflicting turning movements. There are fhree viable alternatives for the alignment of fhe Frontage Road and each has implications on how West Lionshead could re-deve/opment in the future. One altemative is for the Frontage Road to remain in iis existing /ocafion. The other two alternatives involve the Frontage Road shifting to abuf the , interstafe right-of-way. Each of these alternatives is depicted on the following pages and is further discussed in section 5.17. Regarding future land use, the realignmenf 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 figures 4-9, 4-9a, 4-9b, and it would be necessary if the service yard property is used for a secondary #--public parking struGWFe facility or other uses. Any existing parking on the West Day Lot must be replaced within the Lionshead study area. Specific considerations regarding realig?iment are. a. Proposed Alignment The proposed realignment of the South Frontage Road is depicted in figures 4-9a and 4-9b. Critical design issues include the width of the road and the radius of the curves. Bofh 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 Frontage Road re-alignment depicted in Figure 4-9b is pursued, the Vail Professional Building, Cascade Crossing and Glen Lyon Office Building would add to this contiguous development parcel. This altemative wou/d require cooperation between • different property owners and also involve extensive coordination of deve/opment phasing. As such, it is possib/e thaf fhe re/ocation of fhe 6 • Frontage Road ifself could be done in more than one phase, e.g. Realignment as depicted in Figure 4-9a implemented first with a second re-alignment phase to implement as depicted in Figure 4-9b. Staff has attached the proposed figures for review at the end of the memorandum (Attachments B, C, and D) 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. A new parcel of developable land, suitable for offices or non- resort retail, would be created on the soufheast 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 to the fronfage road. Another alternative that should be considered is to connect Forest Road to West Lionshead Circle via the existing Fronfage Road • right-of-way. • 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 a through- transit route to fhe west end of Lionshead and also keeps in place the existing utility corridor. e. Feasibility of Realignment The abilrty to realrgn the frontage road wrll 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 1-70 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 fhe village and west Vail roundabouts 7 and a proposal to relieve local traffic with an I-70 • underpass adjacent to the Simba Run condominiums. , main. . All of these issues will need to be evaluated if realignment is pursued. 4.6.7 Simba Run Underpass Currently the Town of Vail has only fwo north/south access points between fhe North Frontage Road and South Frontage Road befween Main Vail and West Vail. For several years if has been contemplated thaf an additional north/south connection be established just west of Cascade Crossing. The potential need for this underpass may be accelerated as a resu/t of fhe Town's redevelopmenf plans for Timber Ridge and West Lionshead. The redeve/opment of fhe West Lionshead area should be done in a manner that does not prec/ude this new connection from being esfab/ished at some point in the future. • 4.8 Parking 4.8.3 Public Parking 4.8.3.3 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: a. Lionshead Parking Structure The existing Lionshead parking structure is a logical locafion 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 • (1,200 spaces in total). The addifion of one complete level would increase the structure by 400 spaces, two complete new levels by 800 spaces. 8 • 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 presenfly 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 masterplan 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 S.outh Frontage Road and l-70. Future expansion plans of the Lionshead parking structure should consider the potential impacts expansion could have on fhis view plane. Also an issue is the necessary structural reinforcement of the existing facility to support the weight of additional decks. ~ b. West Lionshead The construction of a sesend new public parking s#-rus#ur-e facility 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 Vai! Associates maintenance yard) and is large enough to meet projected parking demand. It is well located in relation to the potential new eastbound 1-70 access ramps. The viability of a new public parking facility in this location wou/d be enhanced by bringing lift service to this area. The construction of a new public parking facility would address the existing deficiency of off-street parking on peak days and the shifting demand of parking created by the introduction of a new ski lift in West Lionshead. It is anticipated that the new public parking strucfure would contain approximately 400 public parking spaces, which would be in excess of any parking requirements generated by proposed development. 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. 9 - - • South Frontage Road Realignment. South • Frontage Road must be realigned to free up a parcel large enough for a major parking facility. • Competing Land Use Priorities. The west end of Lionshead has alse previously been identified as a . priority employee housing location by the Town of Vail and Vail Associates. , #-iving--fssues. However, fhe costs to prepare this site (re-location of Frontage Road and re/ocafion of fhe exisfing VR mainfenance yard) so it is suitable for re-deve/opment are very significant as are the costs associated with lift access and public parking facilities. Given these costs it is not feasib/e to expecf West Lionshead to accommodate a significant amount of empioyee housing. However, any re- development in West Lionshead wou/d be expected to conform to the housing regulations thaf may be in place at that time. In order to create activity and_vibrancy in West Lionshead if are appropriafe to include a limited number of . dispersed housing opportunities for permanent local residents in proposed developmenfs in the area. • Cost. • Timing. The Lionshead master plan ground rules stipulate that there will be no nef loss of existing employee housrng through redevelopment. , Due to the re-deve/opment of the Lionshead Core site, fhe employee housing previously /ocated in the Sunbird Lodge will have to be replaced most like/y to the North Day Lot or to another locafion within the Town of Vail. en-t#e-exis#ing . • , 10 i probable, ~ 84-6-. The second timing issue is the pofential 1-70 interchange at this location. Planning decisions regarding a future parking structure, housing, or an 1-70 interchange will have to be made at the same time, or importanf opportunities may be lost. ~ • Convenience. Given the T#is location for a this parking s#Fusfacility, it had been assumed that must-,qave regular transit or shuttle servrce would 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 structure would be proximate to the new lift and as such the need for regular shuftle service would be minimized. However, some provisions for bus sfops and/or a transit facilify shou/d be considered for the parking sfructure. • 4.9 Housing 4.9.4 Potential Housing Sites Following are specific sites that have been identified as suitable for locals and employee housing (see Map W). 4.9.4.3 Vail Associates Servrce Yard a,nd the Holy Cross Site, Vail Professional Building, Cascade Crossing, Glen Lyon Office Building, and the former gas station site Af one time these parcels were considered promising sites for significant density employee housing. In light of recent changes to this area (including but not limited to the acqujsition of key properties by Vail Resorts and the notion of introducing lift service to this area) coup/ed with competing land use priorities (secfion 4.8.3.3), a concenfration of employee housing is no longer considered tite most appropriate use in this area. While any re- development of West Lionshead will need to conform to the Town's housing requirements, the North Day Lot (or some other suitable site within the Town of Vail) may be considered a more appropriate /ocation for a significant employee housing project. In order to create activity and vibrancy in ~ West Lionshead it may be appropriate to inc/ude a limited number of dispersed housing opportunities for permanent local residents in proposed deve/opmenfs in the area. 11 • However-, • SUPPOFt , . Additionafly-, . , -h . . , Lionsheac~, ~ g, • , . , SGhGQ~, . step. However, , 12 ~ , sanitahen , TheFe , however-, other- signifiGant dengands on th site, -94 , #eusing: 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 fhe residential properfies 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 limrt or eliminate ideas relating to specrfic parcels; any • proposals consistent with this framework should be considered even if they are not anticipated in thrs 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/BP-Amoco Site Nail Professional Building/ Cascade Crossing/ Glen Lyon Office Building Planning for the western end of Lionshead must consider twe fhree different scenarios: the realignment of South Frontage Road behind the Maintenance Yard and Holy Cross sife, the realignment of the Frontage Road behind the entire West Lionshead area, and its retention in the existing alignment. While the introducfion of lift service is viable in either of these Frontage Road alternatives, site design will vary depending upon what happens to the Frontage Road. See Figures 4-9, 4-9a, and 4-9b for the Frontage Road realignment alternatives. Notwithstanding, regardless of Frontage Road scenarios fhere should be "no net /oss" of exisfing retai/ or office square footage as a result of the redevelopmeni 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 overafl character and visual intent of the master plan and be • compatible with the adjacent existing development of the Marriott and the Vail Spa. 13 As compared to a separate, free-standing portal, West Lionshead is ~ considered a part of the greater Lionshead area. In order for this area to be successfu/, if is important to have a strong pedesfrian connection with the resi of Lionshead. A sfrong connection along the Gore Creek corridor already exists. Streetscape improvemenfs along West Lionshead Circ/e befinreen Concert Hall Plaza (current/y the western end of Lionshead retail influence) and the Ritz-Carlton Residences will sfrengthen existing conditions and in doing so improve the viability of mixed uses in West Lionshead. Improvements to street lighfing, walking surfaces, seating areas and public art are just some examp/es of what cou/d sfrengthen this corridor. The development of a sfrong pedestrian connection between the Lionshead Core area and the western side of Lionshead will encourage pedestrian activity in fhis area and in doing so will energize all of West Lionshead. During the winter monfhs fhe ski lift and associated parking will generate significant traffic and activity. However, considerafion should be given fo how West Lionshead can be an active and vibrant place year-round of the year. This can be accomplished a number of ways. Quality architecfure and the creation of appealing outdoor spaces in and of itself will encourage people to visit this area. This cou/d be reinforced by a well-crafted program of specialty retailers, office, and restaurants. An acfive , program of public art, residential units that are used for "artists in • residence" ; a culinary schoo/, improved access to Gore Creek or Red Sandstone Creek for fishing or other purposes or specific recreation features such as a climbing wall are just some examples of design elements or land uses that could create a cata/yst for activity. If is assumed that the development standards of Lionshead Mixed Use 1 or 2 will guide the design of redevelopment in fhis area. Notwifhstanding the height a//owances of these zone districts, building height and sca/e shou/d be responsive to the Gore Creek corridor and the Interstate. For examp/e, buildings, shou/d "step down" af the westernmost end of West Lionshead and a/ong Gore Creek. On fhe Interstafe side of this area building design should be articulated to avoid large expanses of shear/unbroken wall p/anes. a. Retention of Existin_q Fronfa_qe Road Ali_qnmenf If fhe Frontage Road remains in its currenf /ocafion the Maintenance Yard/Holy Cross parcels, fhe Vail Professional Buiiding/Cascade Crossing and the Glen Lyon Office Building all remain viable development sites. The mosf viable site for a public parking facility would be the Maintenance Yard/Holy Cross parcels. While ofher liff locations are feasib/e, fhe o/d Amoco/BP site is a viable /ocation for a base terminal. This location wou/d require a grade separated pedestrian crossing • to the Maintenance Yard/Holy Cross parce/s. A strong east- west orienfed pedestrian corridor with ground floor retail uses would be necessary io creafe a strong connection 14 • between this area and the rest of Lionshead. Under this Frontage Road scenario the Vail Professional Building and Cascade Crossing could be developed as a contiguous parcel and Glen Lyon Office Building wou/d re-deve/op as a free- standing development sife. In bofh cases it is assumed development wou/d conform wifh the Lionshead Mixed Use 1 zoning. The Ho/y Cross site and the Vail Professional Building both abut Red Sandstone Creek. Any redevelopmenf of these parcels should consider how the Creek can be enhanced and made an asset or amenity of the redevelopment. b. Frontape Road Realiqnmenf the Entire Len_qfh of Wesf Lionshead Studv Area This realignmenf alfernative is the most complex to accomplish buf also presents the most opporfunities in fhat it resu/fs in one very Iarge and contiguous development parcel. This a/fernative would a/so allow for the most convenient and desirab/e pedestrian connecfs to the rest of Lionshead. The most viable site for a public parking facility would 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 wou/d not require a grade separated pedestrian crossing to the Maintenance Yard/Ho/y Cross • parcels. This alternative would also presenf the greatest range of possibilifies for re/ocating or enhancing Red Sandstone Creek. A strong east-west oriented pedestrian corridor with ground f/oor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. c. Frontaqe Road Realiqnment behind the Maintenance Yard and Holv Cross site This a/ternative would involve the same "development program" elements outlined about and would accomplish many of the same benefits of the "full" Frontage Road realignment. Foremost among these benefifs is the ability fo integrafe the Mainfenance Yard and Holy Cross site wifh the rest of Lionshead. However, the Vail Professional Building/Cascade Crossing and the Glen Lyon Office Building as stand alone deve/opment parcels. , i . . . . The , • ~ « „ , 15 . • generation. The , , ha-s this , iski tFait , theFe , s44gle tr-ansit step: 5.18 Old Town Shops The old town shops site has had been targeted for a variety of uses throughout the master planning process, including employee housing, expansion of the Vail sanitafion plant, and Vail Associates mountain services. These uses may be were fhoughf fo be appropriate for the site, but it was recognized they were all ar-e not compatible. Input-#rem • . In 2043 the Eagle River Water and Sanitation District purchased the old town shops site. The site was redeveloped with a surface parking lof. Additionally, in 2004 Vail Resorts constructed a bridge across the Gore Creek from fhis site to provide possible future mountain operafions access io Vail Mountain. 5.20 Eag/e River Water and Sanitation District While this parcel wou/d certainly be a viable deve/opment site, the costs to re/ocate uses at this sife, particularly the treatment facilities, are very significant. For this reason it is assumed that the treatment facilities will remain in their existing locafion. A viable alternafive to relocating the entire building would be to relocate the District's offices and construct "air-rights" deve/opment above and around the treatment facility. 5.21 Tract K, Glen Lyon Subdivision and Town Owned Stream Tracf, and one Unp/afted Parcel soufh of Gore Creek These town-owned parcels are located along and south of Gore • Creek. While fhey are included in the Lionshead study area, no buildings or "vertical" deve/opment is contemplated for these parcels. Potential mountain operations access routes and skier 16 S access through these. parcels during winfer monfhs should be considered to link West Lionshead with Vai! Mounfain. I11. 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 two new zone districts, Lionshead Mixed Use 1 and 2, which 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 was a proposal fo locate a ski lift adjacent to the new structure. The Town recognized the potential impact of a new ski lift on the Town as a whole, 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. It was agreed that the appropriate method to review a potential new ski lift in the area was to pursue an amendment to the Lionshead Redevelopment Master Plan. It was also agreed that potential existed to incorporate several new parcels recently purchase by Vail Resorts into the Master Plan study area at the time of this amendment to the Plan. On November 10, 2005, the Lionshead Redevelopment Master Plan amendment committee assembled to provide input on a possible amendment to the Lionshead Redevelopment Master Plan held the 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, Vai4 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, the applicants held an open house at the Vail Mountain ' Marriott for the community as a whole to discuss the proposal. Approximately fifty individuals discussed the potential problems and merits of the initial concept 17 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 on the existing Vail Village and Lionshead commercial cores. 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 I parcels included for inclusion in the Lionshead Redevelopment Master Plan were presented. No text amendments were proposed 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 have been incorporated into the text found in Section V of this memorandum. On March 13, 2006, the Commission held a public hearing to discuss the proposed amendments to the Lionshead Redevelopment Master Plan. The comments were as follows: • Concern was expressed that the term "employee housing" had been stricken from several locations within the Master Plan recommendations • for this area. It was suggested that there may be a way to intersperse employee housing throughout the project. Employee housing could be for-sale deed restricted units, rental units, etc. It was suggested that including a large number of employee housing units in a ski-in ski-out project would be difficult and suggested that a pay in-lieu program would possibly satisfy the need for employee housing. • It was discussed whether or not fhe Timber Ridge redevelopment should be mentioned in the Master Plan. • The need for the Simba Run vehicular underpass was discussed. • A need for clarity on the number of parking spaces associated with the proposed new West Lionshead parking structure was discussed. • Discussed the need for an express bus between the major portals and the need for viable skier drop-off within the proposal. • Concern about the correct retail mix to insure year-round viability. • Discussed taller building heights along the South Frontage Road and scale/step down to the Gore Creek. • Discussed the opportunity to separate elements of the ski schools to alleviate traffic congestion at Golden Peak. IV. ROLES OF THE REVIEWING BOARDS I Lionshead Redevefoament 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 18 ~ consistency of the proposed amendment with applicable review criteria and the poiicies, 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. V. APPLICABLE PLANNING DOCUMENTS This section of the memorandum contains portion of the Lionshead Redevelopment Master Plan which are pertinent to the review of the application. 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 initratives 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 pedesfrian environment; • Mediocre architectural character; and the 19 • 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, incenfives, 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. lt articulates a community's fundamental land use policies, principies, and goais in a broad and general way. It plans for the future physical development or redevelopment of an area of fhe 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 may be modified and new provisions enacted in order to conform ~ to the master plan and carry ouf 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 adopfion of the Lionshead Master Plan, every development proposal wiil have to go through the applicabie development review and approval process, with its attendant public notices and public hearings. A proposa!'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 masfer plan and to provide a policy framework for the master pianning 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 I 20 • coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenrties 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 recreafional improvements. ~ 2.3.3 Stronger Economic Base Through lncreased Live Beds In order fo enhance the vitality and viability of Varl, renewal I and redevelopment in Lionshead must promote rmproved occupancy rates and fhe creation of addrtional 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 privafe services must be upgraded to support redevelopment and revitalization efforts and to meet the service expecfations of our guests and residents. 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from a!! . possible sources fo fund desired private and public improvements. ~ 21 VI. LAND USE ANALYSIS • Zoning and Land Use Designation Analysis Existing Potential New Existing Potential New Master Plan ~ Parcel Zoning Zoning Land Use Land Use Study Area Designation Designation Status Vail Resorts Lionshead Lionshead Lionshead Mixed Use 1 Community Redevelopment Maintenance Mixed Use-2 Included Facility (LMU-2) °r 2(LMU-1 or Office Master Plan 2 LRMP Holy Cross Site Lionshead LMU-1 or 2 Community LRMP Included Mixed Use-2 Office BP/Amoco Gas Lionshead LMU-1 or 2 Community LRMP Included Station Mixed Use-2 Office Eagle River Water General Use Community and Sanitation General Use or LMU-1 or 2 Office LRMP Included District Vail Professional Arterial LMU-1 or 2 Community LRMP Proposed Building Business Office Cascade Crossing Arterial LMU-1 or 2 Community LRMP Proposed Business Office Special Glen Lyon Office Devefopment LMU-1 or 2 Community LRMP Proposed Building District No. 4 Office SDD No. 4 Tract K, Glen SDD No. 4 SDD No. 4 Open Space LRMP Proposed Lyon Subdivision Outdoor Recreation Town Owned (OR) and OR and NAP Open Space LRMP Proposed Unplatted Parcel Natural Area Preservation NAP Stream Tract NAP NAP Open Space LRMP Proposed ~ 22 ~ Development Statistics Analysis Existing Existing Existing Potentiai Potential Potentia! Parcel/Size Height Maximum New height Maximum Zoning Limits Density Zoning limits Density Vail Resorts Lionshead 124 DUs, Maintenance Max 82.5' No No Facility/3.55 Mixed Use-2 Avg. 71' 386,595 sf Change Change No Change acres (LMU-Z} GRFA , Holy Cross -2 Max 82.5' 35 DUs 108,900 sf No No I Site/1.24 acres LMU Avg. 71' GRFA Change Change No Change BP/Amoco Gas 32 DUs, Max 82.5' No No Station/0.94 LMU-2 Avg. 71' 54,450 sf Change Change No Change acres GRFA Eagle River Water and Prescribed Prescribed by LMU-1 or Max 82.5' 65 DUs, Sanitation General Use by the PEC the PEC LMU-2 Avg. 71' 163,350 sf DistricU1.88 GRFA acres Vail Professional Max 40' Type III EHUs 31 DUs, Building/0.89 Arterial 70% at 32' Conditionaf LMU-1 vr Max 82.5' 96,921 sf acres Business or less Use, 23,261 sf LMU-2 Av9• 71' GRFA GRFA ~ Cascade Max 40' 7ype III EHUs 35 DUs, Crossing/1.02 Arterial 70% at 32' Conditional LMU-1 or Max 82.5' gg 010 sf acres Business or less Use, 23,261 sf LMU-2 Avg. 71' GRFA G RFA Glen Lyon Office per the 61 DUs, Building/1.75 SDD No. 4 Developme N/A LMU-1 or No 163,350 sf i acres nt Plan LMU-2 Change GRFA Tract K, Glen Per the Lyon Subdivision SDD No. 4 Approved N/A SDD No. Change No Change Plan Outdoor Recreation Max 24' in Town Owned (OR) and OR, Not No No Unplatted Parcel Natural Area Applicable N~A Change Change No Change Preservation in NAP NAP Stream Tract NAP AppNcable N/A Change Change No Change 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 detailed recommendations for development within the "West Lionshead" area. 23 The review process for amendments to the Lionshead Redevelopment Master ~ Plan are outlined in Section 12-3-6 of the Town Code. According to the Lionshead Redevelopment Master Plan, amendments to the Master Plan must address the following review criteria. Staff will address these criteria at the October 23, 2006, public hearing of the Planning and Environmental Commission. 1. How have conditions changed since the Lionshead Redevelopment Master Plan was adopted? 2. How is the Llonshead Redevelopment Master Plan in error? 3. How would an addition, deletion, or change to the Lionshead Redevelopment Master Plan be in concert with the plan in general? On March 13, 2006, the Commission held a public hearing to discuss the i proposed amendments to the Lionshead Redevelopment Master Plan. At that I meeting several comments were made regarding the proposal. Staff will respond to the comments made by the Commission and show how they have been addressed. The following statements shown in bold were made by the Commission: • Concern was expressed that the term "employee housing" had been stricken from several locations within the Master ~ Plan recommendations for this area. It was suggested that there may be a way to intersperse employee housing , throughout the project. Employee housing could be for-sale market deed restricted units, rental units, etc. It was suggested that that including a large number of employee housing units in a ski-in ski-out project would be difficult and suggested that a pay in-lieu program would possibly satisfy the need for employee housing. The topic of "employee housing" and how to best achieve the goal of increasing the number of "employee housing" units in Town is one with which our community and many other resort communities have struggled. Currently, the Town has an adopted "employee housing" generation policy to obtain additional "employee housing" units from multi-family and commercial projects through the mitigation of development impacts. Recently, the Town Council and the Vail Housing Authority, have been working to address the need to formalize the current "employee housing" generation policy through the codification of regulations in the Town Code. On October 10, 2006, the Town Council will be holding a public hearing to discuss this issue solely and it is believed there will soon be a codified "employee housing" generation regulation. ~ To address the concerns of the Commission the proposed text has been modified from that seen on March 13, 2006, to include 24 clearer lan9uage regarding the "employee housing" needs of West ~ Lionshead if it is redeveloped. Section 4.8.3.3b, Potential New Parking Sites, Competing Land Use Priorities and Section 4.9.4.3, Vail Associates Service Yard, Holy Cross Site, Vail Professional ~ Building, Cascade Crossing, Glen Lyon Office Building, and the ' former gas station site, of the Lionshead Redevelopment Master Plan as found in Section V of this memorandum are proposed to be amended to conform with all housing regulations at the time of i redevelopment. In addition, language has been added to both sections to state that beyond complying with any Town "employee housing" regulations opportunities will be explored for additional housing within the redevelopment proposals. Does the Commission feel that this issue has been addressed I satisfactorily? ' • It was discussed whether or not the Timber Ridge ' redevelopment should be mentioned in the Master Plan. The Timber Ridge project plays an important role in the current and future needs of the Town in regards to providing "employee housing". Staff does not believe that the possible redevelopment of Timber Ridge should be addressed in the Lionshead Redevelopment Master Plan as it is outside the study boundaries of the Master Plan and will have different parameters established for the parcels redevelopment than those found in the Master ~ Plan. The development of "employee housing" resulting from the redevelopment of parcels within the Lionshead Redevelopment Master Plan will take into consideration the specific needs and opportunities presented at those times including Timber Ridge, Middle Creek, ect. The redevelopment of Timber Ridge was mentioned in Section 4.6.7 Simba Run Underpass, as the redevelopment of the project may accelerate the need fro the new underpass connection. Does the Commission feel that this issue has been addressed satisfactorily? • The need for the Simba Run vehicular underpass was discussed. The current Town of Vail Transportation Master Plan identifies the potential for constructing an underpass just to the west of the Lionshead Redevelopment Master Plan study area. Staff has proposed to include a new section in the Master Plan, Section 4.6.7 Simba Run Underpass, which identifies that any redevelopment in West Lionshead should not preclude the construction of the underpass with any redevelopment. i Does the Commission feel that this issue has been addressed satisfactorily? 25 . • A need for clarity on the number of parking spaces ~ associated with the proposed new West Lionshead parking structure was discussed. I The applicants and Staff has discussed this issue in great length , and through the use of traffic studies and analysis have determined that approximately 400 to 500 public parking spaces, which would be in excess of any requirements generated by redevelopment or Vail Resort's employee parking would address the current parking deficiency on peak days and a new ski lift. The text in Section 4.8.3.3b Potential New Parking Sites, found in Section V of this memorandum addressed the new parking facility which would be located in West Lionshead. Does the Commission feel that this issue has been addressed satisfactorily? • Discussed the need for an express bus between the major portals and fihe need for viable skier drop-off within the proposal. The proposed text for West Lionshead identifies the need for bus stops and service to the new portal. Any redevelopment application in West Lionshead will incorporate bus transportation and the possibility of an "express" could be explored. The text in Section 4.5.2.1 Relocate the Regiona! Transit Stop, of the Master ~ Plan found in Section V of the memorandum contains language . addressing this concern. Does the Commission feel that this issue has been addressed satisfactorily? • Concern about the correct retail mix to insure year-round viability. This concern is one shared by the applicants and the community, which was expressed at the open house at the Vail Mountain Marriott in January of 2006. The applicants have had discussions with lan Thomas, a consultant whom specializes in retail, do some initial analysis (Attachment E) which explains conceptual some ideas to achieve the goal of year-round viability. In addition, the proposed text amendment to Section 5.97 West Day Lob Vail Associates Service Yard/ Holy Cross Site/ BP-Amoco Site/ Vai! Professional Building/ Cascade Crossing/ Glen Lyon Office Building of the Master Plan has included language to address this concern found in Section V of this memorandum. Does the Commission feel that this issue has been addressed satisfactorily? . 26 ~ • Discussed tailer building heights along the South Frontage Road and scale/step down ta the Gore Creek. The applicants agree with this concern and design goal as well. The development of the lower scale Gore Creek Residences along Gore Creek to the south of the existing Vail Mountain Marriott and the approved Ritz-Carlton Residences is an example of how this design goal was addressed in previous redevelopment in Lionshead. The text in Section 5.17 West Day Lot/ Vail Associates Service Yard/ Holy Cross Site/ BP-Amoco Sife/ Vail Professional Building/ Cascade Crossing/ Glen Lyon Office , Building of the Master Plan has included language to address this i concern, found in Section V of this memorandum. Does the Commission feel that this issue has been addressed satisfactorily? • Discussed the opportunity to separate elements of the ski schools to alleviate traffic congestion at Golden Peak. The existing traffic congestion at Golden Peak generated by ski school on peak days is an issue the Town and community as a whole have been trying to address. The applicants have not proposed text amendments to the Lionshead Redevelopment • Master Plan that address this concern. It is believed that the operation of the proposed new portal in West Lionshead will not be conducive to ski school functions as it will take guests from the base to a mid mountain location without a ski yard area for conducting the various functions the school provides. The applicant and Town will continue to look at options which will help to alleviate the traffic congestion at Golden Peak. - Does the Commission feel that this issue has been addressed satisfactorily? The applicants and Staff would ask that the Commission provide any feedback they may have regarding the proposed text amendments as it is anticipated that a final recommendation will be requested at the October 23, 2006, public hearing. VIII. STAFF RECOMMENDATION ' 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 this proposal to its October 23, 2006, public hearing. • • 27 IX. ATTACHMENTS ~ A. Map of area proposed for inclusion in the Lionshead Redevelopment Master Plan with this amendment. B. Proposed Figure 4-9 C. Proposed Figure 4-9a D. Proposed Figure 4-9b E. Letter from lan Thomas dated January 13, 2006 ~ ~ 28 - ~s`~, ~ ~ ~,t + ; ~ ~ `yI~_ . . '`~`T ~ i.;. ~ `~~~~~~f .~y I ~ ~ r+~'•, l~qy~ ~ r m ~ ~ m ~ c, J 4A ` Z rn ~ ~ r n ~-+Q t 1 Q 44 tU ~ ~ .~1\ r ? ~p~~~~~~ ~ # , . , x , ` Pk ~ • ~ l . . M i• . I ~ VI ' R11~ • ` , x ~ ~ ~ 's~'!i~ • ~C j • ~ `~'c'`!, '1,.'~ i~- ' ys ro ,4,i r*+~ ' ~,#1 ~'i it? ~ r f ~m.. ~ w C, . ~ ~ " ...y ~ ~ ~ LU . a. O w C~ \ O y~ ~ LA W `•t ~ \ V.- ~ V . , Z Iv, t \ oc ~ t1J w 1 W O 5. u dib N i Oro W z Q x a 1 t ~ s v~ ~ ~ 1 u ~ w a 1 1 . 0 o X m u' ~ ~ 1 L- ~ r ~ ' w LL LL LLI ~ LL LL 4 ~ r a r oac 1 o w ~ a ~ w m Q LL ~ ~ O Z c~ N l 5 ~ N V- O ~w . Z W z CC w O ¢ ~ Q 0 t'Si a v • , • • ~ pttachment: B ~ F igure 4-9 l,i..... r--' ~ d ' ~ O ~ ~ w - a Z ~ t~ ~ b 1 ~ N Z ~ a x 1 ` QG a d ~ 7~ a U ~ W ~ ~ 1~ • Z K p r] in 7 ~ V ~ v U ~ ~ 6 7 ~ 2 7 Z 1 ~ C7 w v> O ~ 7 ~ m 4 1 7 ~ r a d V ~ A 1 • 1 ` ~ Fjgure 4-9a + . . . •v r-- i ' . r l.F ¦ ~ ~ } "~Ay,.'' • . . , . . • ~ _ ~ _ , ~ • . '"~1 4.Ji ~ - ` j' ~ C~ W ~ ~ ~ O • + V t ' w 4 O u, '4 Ti„ yy l W yy sL ~ '~Y4 `tl, ~ • d ~ xi q °t Z p V t ~Y \ a x 'i ~ = ~ ~ ~ ,.,a r N w 4 0 . r OG a 7 cc W 0. r W a ~ . N, a w X OO r ? m ~ W rf' ~ o g N ` p o # O 4 = U ~l Q a u ~ tl~ ! *t , \ ~ • ~ Figure 4.gb Thorrtas Consultants Pnc. Sufte 1650, 400 Dr.crrnr•d Strcel / i ~ l'aucorr.ver, 13ritzch Coltrrnfircr . Cat2cz&t i/6C3AC Te%p.honc: (604) 687-2110 Fctcsrmzle: (604) 688-7788 E-Afai1..• tci@lboniasctuut.iltartts.ccr ttt nu~. thon7czsco r zrt.~ltc: i~.t's. cr,z 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 wi!l be a stunning new anchor and meeting point, that location possesses less than 30,000 square feet of retail. In 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 appeai of Lionshead e.g. new Wayfinding patterns through the whote 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: E West Lionshead also has the abiiity 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 Vlfest Lionshead but not at the expense of other retail areas in Vail. Masterplan Comments - The placemaking of Lionshead can become its own impartant exercise. - By developing greater critical mass, you create more reasons to go there. West Lionshead can thus become more its own destination with commensurate appeaf. - ln 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 Viilage. Quite the contrary, it would similarly round out the overal4 appeai of Vaif Vilfage/Lionshead. More dolfars would be spent with less outflow thereby substantially enhancing revenue to the Town of Vail. - The plan needs ta stap the present jarring nature of Lionshead and create a more unified node where the rhythm of the area moves seamiessly and continuously from one anchor attraction to another, for example from Arrabelle to The Marriott to The ~ Ritz Car4eton to Sites A-C and uftimateiy incorporating the Cascade Crossing Center, Vail Professional Building and the Norris Land of 1.75 acres. - From the west, the Lionshead/Vaii Village experience would start not at Vaif Square - Arrabeife, 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 directiy 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 Vail itself with its pedestrian character. Accordingly, retail starts to better laid out with proper double foaded 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 sacial gathering, meeting place. • • - As retail needs to tie together the various single use elements into a single experience, this is very much accompfished in this proposed plan. Preliminary Retail Feasibilitv 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 fo the Town. Accordingiy, the preliminary calculations highiight 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 buifd 466 hoteflcondo units. - For Sites A-C, a total of 283 units are proposed. - By incorporating the Narris 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 #ootage 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 $11.15 million 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. 1 0 - Based on our experience on other resorts and corresponding expenditures, the . proposed 28,000 square feet for retail is quite reafistic. Potential Tenant Mix A preliminary tenant mix coufd be as foilows - Food and beverage o Restaurant (2) 5,000 o Coffee Shop (2) 2,000 o Bar 2,000 o Take away food 1,000 o Convenience storelgenera4 storefwine bar 3,000 o Video rental 1,500 o Hair sa}on 1,000 o Health and beautyaids 1,500 o Logo store 2,040 o Ski rentallbike rental 3,000 o Ski accessories 1,000 o Ski fashion 1,500 o Liquor store 1,500 o Reaf estate office 2,000 o Total square footage 2LO-00 • i Such a tenant mix basicaily would be local in its appeal and there to serve basically the Lionshead area and its expansion. Summer Attractians The comment is frequently heard that there is not enough activities for teenagers to partake in Vai1. At the praposed gondofa 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 Aipine slide o`Zip trek' f{ying fox across stream These uses need to be exhaustivefy researched and evaluated. ~ r , ~ New Centers to Visit The marketplace is blurring very quickly. Urban developers are pinching ideas from flagship resorts and incorporating fhem into their own urban centers, e.g. arguably the world's best mall, South Coast Plaza in Los Angefes, 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 viliage 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 aiready 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 particulariy if the Cascade Crossing, Vail Professional Building and Norris Lands can ultimately be incorporated into the overall West Lionshead Masterpfan. After our next meeting and review, I would be pleased to make a submission to the • Town of Vail on your behaff. Yours sincereRy, THOMAS CONSULTANTS lNC. L lan F. Thomas Chairman cc: Jay Peterson, Bayley and Peterson ? Louis Bieker, 4240 Architects ~ . . • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 9, 2006 SUBJECT: A request for a finai recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendments, Vail Town Code, for proposed amendments to Chapters 12-21, Hazard Regulations, 14-7, Geologic/Environmental Hazards, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create Wildfire Regulations that add wildfire hazard to the Hazard Regulations and require mitigation in high and extreme wildfire hazard zones, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede 1. SUMMARY The applicant, the Town of Vail, had originally requested a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendments, Vail Town Code, for 0 proposed amendments to Chapters 12-21, Hazard Regulations, 14-7, Geologic/Environmental Hazards, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create Wildfire Regulations that add wildfire hazard to the Hazard Regulations and require mitigation in high and extreme wildfire hazard zones. However, due to staffing issues, it has been decided to propose a simpler regulation that is easily enforced while maintaining the same goals as the original proposed text amendments. This amendment will modify Chapter 14-2, Definitions, and Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to require that all structures utilize Class A roof assemblies, as defined by the adopted building code, in the Town of Vail. In order to achieve the same goals as the original wildfire regulations, safety and protection from wildfires, Town Staff is proposing to require Class A roof assemblies in the Town of Vail for all structures. This is a simplified regulation that serves as a first step in wildfire regulations. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, , the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed text amendments, subject to the findings noted in Section VII of this memorandum. I1. DESCRIPTfON OF REQUEST ~ The danger of wildfire in Vail has been a pressing issue for many years, with intertwined issues of pine beetle infestation, drought, and an increase in development adjacent to i , , Forest Service properties. The Town has worked with partners including the Forest • Service and Eagle County to mitigate wildfire risk at the perimeter of the Town by conducting controlled burns and tree removal in select locations. This perimeter would potentially stop fire from traveling from the forest to homes as well as the greater risk from homes to the forest. However, this action is not enough to reduce the potential devastating effects on the Town. In order to protect citizens and their property, it is necessary to mitigate hazards on private property, not only on public land bordering Forest Service property. Wildfire Regulations have been adopted in communities throughout the country, and the Town has concluded that they are a necessary regulation for Vail. Over the past year, Town Departments including Fire, Planning, Building, and Environment Health have been collaborating to draft Wildfire Regulations that would reduce the risk of destruction of property and spreading wildfires. While the original text amendments included a system for evaluating the fire risk to individual properties, a lack of staffing prevents the ,Town from enforcing such regulations. Staff is requesting that the Planning and Environmental Commission consider a simpler text amendment that will require Class A roof assemblies for all structures in the Town of Vail. Class A roof assemblies represent the highest fire rating by the International Building Code and once structures in Vail have come into compliance with this regulation, the Town will likely be more protected against the spread of fire via roofing materials. The text amendment will also modify the Development Standards Handbook to add definitions and remove any language showing preference to materials that are not FireWise. Staff anticipates that this text amendment is the first of many, as a phased approach to the Wildfire Regulations is considered. The proposed amendments are indicated in bold (additions) and "+riLeug.p • (deletions) as follows: TITLE 14: DEVELOPMENT STANDARDS HANDBOOK Chapter 2: Definitions (in part): DEFENSIBLE SPACE: An area around structures where non-FireWise plant ' material capable of causing a fire to spread have been modified, cleared, or reduced to act as a barrier between an advancing fire and resources or lives at risk. FIREWISE PLANT MATERIALS: As outlined in the latest version of Co/orado State Forest Service publicafion #6.305, "FireWise P/ant Materia/s." ROOF ASSEMBLY: A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and roof deck. A roof , assembly includes the roof deck, vapor retarder, substrate or thermal barrier, insulation, vapor retarder and roof covering. Chapter 10: Design Review Standards and Guidelines (in part): 8. Site Planning: • 3. Removal of trees, shrubs, and other native vegetation shall be limited to ' removal of those essential for development of the site,--ax those identified as 2 • diseased or those essenfia/ for creating defensible space. Mifigation may be required for tree removal. D. Building Materials and Design: 9. The use of noncombustib/e building materials and designs intended to prevent the spread of fire are highly encouraged. Predominantly natural building materials shall be used within the Town of Vail. The exterior use of wood, wood siding, weedshirag!es, native stone, brick, concrete, stucco, and EIFS may be permitted. Concrete surfaces, when permitted, shall be treated n color, however, exposed aggregate is more acce wifh texture a d Ptable than raw concrete. The exterior use of the following siding materials shal/ be prohibited: stucco or EIFS with gross textures or surface features thaf appear to imifate other materials, simulated stone, simulated brick, aluminum, steel, p/asfic, vinyl, and p/ywood. . akiminum, steet, . The exterior use of any building material, including those not specifically identified by this Section, shall only be permitted, unless otherwise prohibited by this Code, where the Design Review Board finds: a. that the proposed material is satisfactory in general appearance, quality over time, architectural style, design, color, and fexture; and, b. that the use of the proposed material complies with the infent of the provisions of this Code; and, • c. that the use of the proposed material is compafible with the structure, site, surrounding structures, and overall character of the Town of Vail.-; and, d. that the material is noncombustible or aids in the prevention of fires. • 4. The majority of roof forms within Vail are gable roofs with a pitch of at least four feet (4) in twelve feet (12). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, fire safety and solar exposure should be integral to the roof design. 6. All structures shall have Class A roof assemb/ies, as defined by fhe adopted building code. The use of we~*e, concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and built-up tar and gravel roofing may be permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be surfaced with a low-gloss frnish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provrde visual relief fo the roof surface (including but not limited to a s#anding seam). Asphalt and fiberglass shingles, when permitted, shall weigh no less than three hundred (300) pounds per roofing square. The use of rolled roofing shall not be permitted. The use of any roofing material, including those not specifically identified by this Section, shall only be permitted, unless otherwise prohibited by fhis Code, where the Design Review Board finds: • a. fhat the proposed material is satisfactory. in general appearance, quality over time, architecfural style, design, color, and texture; and, 3 - b. that the use of the proposed material complies with the intent of the • provisions of this Code; and, c. that the use of the proposed material is compatible with the strucfure, site, surrounding structures, and overall character of fhe Town of Vail.-; and, d. thaf the material is noncombustib/e or aids in fhe prevention of fires. G. Landscaping, Drainage, and Erosion Control: 1. Various natural vegetation zones exist within the Gore Valley as a result of the form and aspects of the land itself. The north facing slopes within the valley are typically heavily wooded with spruce, pine and aspen and generally receive less direct sunlight than the drier south facing slopes which typically consist of I sage, aspen and other vegetation tolerant of drier conditions. The valley floor which is adjacent to Gore Creek consists of a wide variety of trees and shrubs adapted to the relatively fertile soil and natural availability of water. The goal of any landscape plan should be to preserve and enhance the natural landscape character of the area in which it is to be located and serve as an aid in fire prevention and protection. The landscape scale and overall landscape design shall be developed so that new vegetation is integral with the natural landscape and the inherent form line, color and texture of the local plant communities. Since the major objective of the landscaping is to help reduce the scale of new structures and to assist in the screening of structures, the planting of large sized plant materials is encouraged. FireWise plant materials are encouraged due to their ability to resist fire. Trees should be maintained through limbing and pruning in order to prevent limbs from being too close • to structures and other plant materials. Special care should be taken in selecting the types of plants to use when designing a landscape plan. Final selection should be based upon the soils and climate, ease of establishment, suitability for the specific use desired, ability to deter the spread of fires and the level of maintenance that can be provided. New planting shall use plants that are indigenous to the Rocky Mountain alpine and sub-alpine zones or as capable of being introduced into these zones. A recommended list of plant materials, some indigenous to the Vail area, is on file with the Department of Community Development. Also indicated on the list are FireWise plant materials emamentals-which are suitable for planting within the Vail area. The minimum sizes of landscape materials accepfable are as follows.: III. BACKGROUND In 2004, Eagle County hired Dynamac Corporation to conduct the Eagle County Wildland Fire Hazard Assessment and Mapping. The result was the Eagle County Wildfire Regulations. Since then, the Town has teamed with the County to create its own Wildfire Regulations. The Town has also teamed with the Forest Service on wildfire mitigation projects as part of the Vail Valley Forest Health Initiative. This initiative has included numerous • controlled burns throughout the Town in order to mitigate wildfire hazard. The controlled burns create a buffer between the Forest Service properties and Town land and have 4 • occurred at Booth Creek, the Upper Bench of Donovan Park and at The Falls Condominiums. The Fire Department also continues to lead a public information campaign and offers free wildfire hazard evaluations to any property in Town. However, these projects alone cannot stop the serious threat of wildfires. Since last year, the Town of Vail's Fire, Planning, Building, Public Works and Environment Health Departments have been collaborating on the development of Wildfire Regulations. Staff has been working on these Regulations as one part of the solution to potential wildfires. Staff feels the public will benefit from the proposed regulations, as they will increase awareness of wildfire hazards and provide methods to mitigate such hazards. Staff held four worksessions with the Planning and Environmental Commission in order to educate the Commission on fire science and the proposed text amendments. On May 8, 2006, Staff gave a general overview of the danger of wildfire in the Town of Vail and informed the PEC of the potential need for Wildfire Regulations. On June 12, 2006, Staff provided an in depth explanation of fire danger, pine beetle, and mapping methodology. On July 10, 2006, the worksession included two site visits during which Tom Talbot from Vail Fire and Emergency Services demonstrated a wildfire risk investigation, explaining which types of mitigatian could occur on the properties. On July 24, 2006, the PEC provided additional comments to Town Staff and tabled this item in order for Staff to respond to comments and test the regulations. Staff also held worksessions with the Design Review Board on June 21, 2006 and July 5, 2006 that were similar to those hefd with the Planning and Environmental Commission. • Staff has listened to the concerns of both Boards and has attempted to address all concerns by modifying the Regulations. Staff began testing the original proposed Regulations by reviewing all applications and conducting site-specific surveys and analysis and found that there is substantial staff time involved in enforcing the wildfire regulations. As a result, Staff has developed a Regulation that will achieve the same goals as the original Wildfire Regulations, safety and protection from wildfires. Town Staff is proposing to require Class A roof assemblies in the Town of Vail for all structures. This simplified regulation will serve as the first step in a more complete set of Wildfire Regulations. IV. ROLES OF REVIEWING BODIES Order of Review: The Planning and Environmental Commission review text amendment applications and forwards 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 Vail Town Council. ' • Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. However, since the Wildfire Regulations may affect the way the Design 5 Review Board reviews applications, Town Staff has held worksessions with the Design • Review Board to keep them informed of potential changes. ~ Town Council: The Vail 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 Vail 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 Vail 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 with a memorandum containing a description and background of the application; an evaluation of the application concerning the criteria and findings outlined by the Vail Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Reaulations (Title 12, Vail Town Cod.e) Chapter 12-1: Title, Purpose and Applicability • 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. 12-3: Administration and Enforcement 12-3-7: AMENDMENT: C. Criteria And Findings: 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulafions prescribed in this Title, the Planning and Environmental Commission and Town Council shall consider the following factors with respecf to the requested text amendment: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and (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 (3) The extent to which the fext amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the . existing regulation is no longer appropriate or is inapplicable; and (4) The extent fo which the text amendment provides a harmonious, convenient, 6 • workable relationship among land use regulations consistent with municipal development objectives; and (5) Such other factors and criteria fhe Commission and/or Council deem applicable to the proposed fext amendment. Town of Vail Development Standards Handbook (Title 14, Vail Town Code) Chapter 94-1: Administration 14-1-1: Purpose and Intent: !t is the purpose of these rules, regulations, and standards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and efficient development within the town for pedestrians, vehicular traffic, emergency response fraffic, and the community at large. The developmenf standards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the Town. International Buildinq Code Section 1505: Fire Classifications 1505.1 General. Roof assemblies shall be divided into fhe classes defined below: Class A, B and C roof assemb/ies and roof coverings required to be listed by this secfion shall be tested in accordance with ASTEM E 108 or UL 79. In addition, fire-retardant-treafed wood roof coverings shall be tested in accordance • with ASTM D 2898. The minimum roof coverings installed on buildings sha!l comply with Table 1505.1 based on the type of construction of the building. 1505.2 Class A roof assemblies. Class A roof assemblies are those that are effective against severe fire test exposure. C/ass A roof assemblres and roof coverings shall be listed and identified as C/ass A by an approved testing agency. Class A roof assemblies shall be permitted for use in buildings or structures of all types of construction. Exception: Class A roof assemblies include those with coverings of brick, masonry, slate, clay or concrete roof tile, exposed concrete roof deck, ferrous or copper shingles or sheets. VI. CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment to Title 12 are established in accordance with the provisions of Chapter 12-3, Vail Town Code. As there are no formal criteria for text amendments to Title 14, the provisions from Title 12 will be used for all proposed text amendment to provide for stringent criteria. A. Consideration of Factors Reqardinq the Text Amendment: • 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations and the Development Standards Handbook, and 7 Staff believes that the proposed text amendments further the general and • specific purposes of Titles 12 and 14. Providing regulations that will aid in the prevention of fire and promote fire safety will further the purpose of promoting the health, safety, morals, and general welfare of the Town. The Wildfire Regulations will also promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment. These regulations will also promote a specific purpose of Title 12, which is to secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 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 better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town. 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 • Staff believes that the proposed text amendments will update the Code to reflect changing conditions in fire safety throughout the Vail Valley. The increase in pine beetle infestation coupled with drought has increased our risk for massive wildfires and these regulations are in response to these issues. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff believes that the proposed text amendments will facilitate and provide a harmonious, convenient, workabfe relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. B. The Planning and Environmental Commission shall make the followinq findinqs before forwardinq a recommendation of approval for a text 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 8 • Zoning Regulations and the Development Review Handbook; 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. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed text amendments to Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, to create Wildfire Regulations that require Class A roofing assemblies. Should the Planning and Environmental Commission choose to approve these proposed text amendments, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Town Council, pursuant to Section 12- 3-7, Amendment, Vail Town Code, for the Town of Vail's request for proposed text amendmenfs to Chapters 14-2, Definitions, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create Wildfire Regulafions that require Class A roofing assemblies, and setting forth details in regard thereto." Staff's recommendation is based upon the review of the criteria in Section VII of this memorandum and the evidence and testimony presented. Should the Planning & Environmental Commission choose to recommend approval of the proposed amendments Staff recommends that the following findings be incorporated into a motion: "1. That the amendments are consistent wifh 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 Development Standards Handbook; 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 environmenf and its established character as a resort and residential community of the highest quality." VIII. ATTACHMENTS ' • A. Is Your Roof Class A? 9 PEC 100906 Attachment A ~ . Is Your roaf Class A? ~ If your rovfing material is rnade out of the following materials, the majority of the roofs have the fallowing rating: A • AL R. ING* LIFE SPA Clay Tiles A 50 years Concrete Tiles A 50 years Liglitweight Cuncrete Tiles A 50 years Fiber Cemejit Stiakes A 50 yeai•s Perlite Stiakes , A 50 years Asplialt/Fiberglass 3-Tab Sliitigles A , 15-20 years *Sane types could he less then a classA rating. AsplialtlFiberglass I-Ieavy Shingles A 30-40 years • `Some types could he less then a classA rating. N'Ietal .A 40-50 years "Some types could be less then a class A rating. 1k'ood Shake C 10-15 years 'Thece is a new wuod shake sliingle thaL meets class a rating ~T Untreated l'4ooc1 Shake No 10_15" years . Rating C'1.:1SS ";l'roofing assemblies are effcctive against srvcre fiir test exposures. CL:1tiS"B" roofing assrmblic~s arr effective ao1aiiisl mu(lerate fire test exposures. C1.:1SS "C" roufing asseniblies are effeciive against llglil fire trst cxposures. ' TU aCI7tPl'P ':4" r~irl,ky. borh rhe r•ooffikg 1riatPr/a1 ancl its ascPrlibly are raken 1iaro acrotrnt. Rat11)yS af'P f)OI baSFCl 017 1117rP1'lajS;]IUl)P. TI7f' tiL)U1'P CI3af'r IS rCl bP IfSPfI fUl'glfJ("I:ll]CP Ol1Il! ~ l 1 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING i • , September 25, 2006 TOWwOFYAIL ' 1:00pm i TOWN COUNCIL CHAMBERS / PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT I Bill Pierce I Ann Gunion ! Chas Bernhardt I Doug Cahill Roilie Kjesbo Bili Jewitt Dick Cleveland Site Visits: 1. The Willows - 74 Willow Road 2. Sfick Residence - 4916 and 4920 Juniper Lane Driver: Public Hearing - Town Council Chambers 45 minutes 1. A request for a recommendation to the Vail Town Council of a proposal to establish Special • Development District No. 40, pursuant to Article 12-9(A), Special Development Districts, Vail Town Code, to allow for the redevelopment of the Willows Condominiums, located at 74 Wiflow Road/Lot 8 Block 6, Vail Village Filing 1S` Fi(ing, and setfing forth details in regard thereto. (PEC06-0061) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed ACTION: Tabled to October 9, 2006 MOTION: Kjesbo SECOND: Jewitt VOTE: 7-0-0 Elisabeth Reed presented the project according to the memorandum. Rick Pylman, the applicanYs representative, presented the project further. He outlined the background of the existing Willows Condominium building, commenting that no substantial changes or upgrades had occurred within the building since its constructian in the early 70's. He stated that the applicant felt that the Master Plan goals were much better served through the SDD process than through the variance process. The applicant, Steve Virostek with Triumph Development, also presented the project further, explaining that the existing owners were very passionate about Vail. Three million dollars worth of renovation would be required for the building to be livable. His goal was to preserve the oasis of Willow Park, solve the needs of the owners to stay on Vail/Willow Road, and keep the height of the building at or lower than the height at which it exists today. He commented that his goal was to finish construction by the time the Chalets were complete. • Bill Jewitt asked what incentives would be planned to rent the 7 lock offs. Steve commented that condo dues would be reduced if the lock offs were rented. Bill then asked about the pedestrian walkway and paver treatments. Rick responded that Tom asked for the same streetscape Page 1 r application that was applied in the Village. Bill thought that it would be reasonable to consider some heat in that area. He asked for plans of the streetscape. Bill also said that in relation to public benefits, he thought there was room for more. He asked that the onsite EHU be moved off • site. He felt that the 600 square feet could be better sold onsite as a regular unit. His proposal was that 25 employee beds be bought elsewhere in the Town. This would be a good opportunity to deed restrict some larger units within the Town and for the applicant to become a leader within the affordable housing charge. Steve asked about the program. If there was an innovative way to contribute to this problem, he was willing to study it and see what could be done. Bill commented that his last wish was for more colored drawings to be provided for study by the Commission. He wished to better be able to articulate the facades. Mike Foster, the project architect, with Resort Design Associates, presented the changes that were being considered in response to the view "corridors" from neighboring 44 Willow Road. He stated that work on the floor plans had been continuing for a year. He commented that the number of proposed parking spaces may be lessened as plans continued to evolve. The fourth floor was the floor that would continue to experience some change as consideration was paid to the neighboring units. He promised all elevations to be rendered by the final hearing. Steve detailed the conversations with neighboring owners. A forty foot opening at the east would respond to the closest corner of the RRS (Riva Ridge South) building. Seventy five feet (75') would exist between the property line and the side of the proposed building by the courtyard. He , commented that RRS had expressed some concerns about the constructability of the parking garage. He commented that the existing garage wall was closer than the proposed and NO TIEBACKS WOULD BE NEEDED. The third f{oor of one of the units at 44 Willow Road would fikely be affected. It was found that the proposal would, indeed, have a dramatic effect on the view for the unit. The fourth -floor would fikely change, he commented, and a flatter roof would be applied in that area. The applicant commented that he had touched base with all the neighbors and those conversations were continuing. • I John Alfond, a year round Vail resident, stated that his family bought the unit mentioned at 44 ~ Willow Road. He stated that he was currently dealing, as a contractor, with a neighbor with concerns about views. He commented that the developer had been quite receptive to the needs of himself and his parents regarding view protection. He realized that views could also be affected by the Chalet project as well. Art Ablanalp, the representative of the Riva Ridge South Condo Association, commented that the Association felt that this was a positive redevelopment proposal. The main concern regarded the proximity of the proposed building, particularly at the southwest corner. The Association wanted assurance from an engineer that lateral support would not be needed in that corner. He also expressed some concern about the trees along that property line. The demolition of the property was also a concern for the RRS owners and the mitigation thereof. Views were also a concern, though the property owners were impressed with the developer's efforts in this area. The owners would like to make sure that proximity of the proposed building would not be an issue if the RRS building were ever to be redeveloped. Jim Lamont, representing the Vail Village Homeowners Association, commented that he had met several times with the applicant and at least once with RRS constituents. He asked that surrounding properties be analyzed in terms of existing GRFA, nonconformities, etc. He felt that the major issue of this proposal was setbacks. Maintainable space between buildings must continue. If both properties redeveloped, what would be fair for both sides? Access and setbacks may eventually be an issue. His main concern was to see what the neighborhood would be like if • all developments asked for the same setback deviations. He commented that the developer was quite conscientious, however. He expressed some concern about Vail Road and possible future Page 2 \ expansion there. Snow management must be addressed by the Commission/Town sooner rather than later. Might snow drop on others' properties? He suggested that all paver/asphalt treatment • around the entryway should be heated. He felt that the park across the street was an ideal place for public art. Regarding affordable housing, he asked if the current proposal would fall under the future EHU requirement, to be adopted soon. He suggested that the EHU be included on site as it was nice to have neighbors as a resident within the Town. A town without residents would not be a nice place to be. Russ commented that employee housing was being discussed now by the Town. In the past, developers were held to the requirements that were in place at time of submittal. The hopeful result would be some guidance for the Boards to base generation rates upon. Bill Jewitt commented that Staff might consider using the PEC's recommendation to Council at the right time. Jim Lamont commented that not placing employee housing units directly in the Village was not an option. The standard must be that housing is placed in the Village. He felt that the Council would, indeed, take an aggressive stance regarding housing. The Commission proceeded to comment. Bill Pierce commented that when a view is across someone else's property, there is a problem. However, when a view lies across a setback line, and that setback line is being violated (built "upon"), circumstance like that may be avoided. Steve commented that the view would be equally impaired even if the setback was honored. Are the zoning standards reasonable regarding GRFA/FAR and density, Bill asked. He also commented that conformance with adjacent grades was important to ensure that property lines "disappear". What would the impacts be if Riva Ridge was developed to the same setback standards being asked from the Commission today? He commented that energy use for heating the street/walk here would be a waste since it was a limited • use area. Perhaps truck traffic should be considered when thinking of the width of the right-of-way. Bill mentioned concern about the stairways and their exit patterns. He asked for a more creative use of EHU dollars, i.e. a bigger bang for our buck in a different location. Also, what if Vail Road widens? What are the impacts on the new development then? Anne Gunion commented that many things had been stated. Her main concern regarded setbacks. There was a reason for setbacks and this seemed to push a little far. If egress issues became more of a problem with redevelopment, there were some big issues regarding windows, doors, separation, etc. That sort of encroachment would be better allowed below grade only. Exactly what uses would be placed within the 20' line? Also, how are views affected by observing the setbacks? If Vail Road expanded, would there be enough space between the building and the right-of-way? The drive to the garage is along the property line as well. How will the swale work? Draft an easement for that, perhaps? The articulation looks good. However, the flying staircases don't work as well. Integrate the staircases into the design of the building better, please. She felt that employee housing'should be a mix of a variety of options to suite tastes and needs. Chas Bernhardt agreed with his fellow Commissioners. Chas commented that this was his favorite neighborhood. He also expressed interest in the surrounding neighbors and their development standards. Put as much underground as possible without hurting the neighboring structures. He requested keeping things (design, requested deviations, etc.) in sync with the neighborhood, rather than strictly complying with the code. He was going to be most concerned with public benefit. The development looks nice and may fit in with the neighborhood, though he would like to see the analysis already requested of Staff. • Dick Cleveland commented that the setbacks must be better complied with. Fire maintenance, proximity to Vail Road, snow plow issues, views (which setbacks were put in place to maintain) are all issues that can be worsened by setback deviations. He felt that impacts to other neighbors were Page 3 ~ not an issue for the Commission to solve. He would not be supportive of heat in the road or the sidewalk. He too, felt that the public benefits were insufficient. As for increasing hot beds, he wasn't sure that was going to happen with this proposal. He commended the attempt to allow current • owners to stay. Rollie Kjesbo was most concerned with setbacks, density, and site coverage. More public benefits might be required to make these aspects salable. When bulk and mass is doubled, views are affected. A front desk should be touted as more of a benefit. As for employee housing, he felt that was an issue the Housing Authority should deal with. As for height, he wasn't married to the 48' requirement. Doug Cahill commented that the deviations must be directly tied to public benefits. The underlying setbacks were an issue. He stated that the goals of the master plan must be better related to the setback deviation requests. What is too close in terms of code (fire, access, etc.)? He also requested info on the neighborhoods to make sure that this was in compliance. He wanted to know what the employee generation would be if this was a new development. He asked that the trees be marked if they were to be removed. The fractional fee units would need to be exp4ained in terms of the ownership and hot bed strategies, etc. What would the program be and how would the Town be assured that the warm beds were not being depleted? He was interested in the provision of as much employee housing as possible. Russ asked that it be known that the policy was being revised as we speak. Anne commented that some setback encroachment might be okay, but should be very well thought out, particularly in relation to surrounding properties. He commented that the setback encroachments were already thought out in regard to neighbors. He asked if the Commission ~ wanted what was best for the neighbors or what was best for the code. Dick Cleveland recognized • that the project was advancing. What was presented today was not in the direction of maintaining ' better setbacks, he said. ~ Bill commented that more height might be added to the north side of the building if setbacks were improved. Rollie Kjesbo commented that he worried about the precedent set for future developments. Doug Cahill asked that the model reflect the proposed building plus the surrounding neighbors building corners. He finished by commenting that the grading between property lines would be an issue. 2. A request for final review of a conditional use permit pursuant to Section 12-61-1-3, Conditional Uses, allow for the construction of timeshare estate units, fractional fee units and timeshare license units, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1 St Filing, and setting forth details in regard thereto. (PEC06-0062) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed ACTION: Tabled to October 9, 2006 MOTION: Kjesbo SECOND: Jewitt VOTE: 7-0-0 i 15 minutes 3. A request for a final review of an exemption plat, pursuant to Chapter 13-12, Exemption Plat I' Review Procedures, Vail Town Code, for a modification to a shared property boundary between • i Lots 3 and 4, Block 5, Bighorn Fifth Addition, located at 4916 and 4920 Juniper Lane, and setting forth details in regard thereto. (PEC06-0063) Page 4 ~ Appticant: Siick Asset Management Trust, represented by William and Sally Slick, Co-Trustees Pianner: Warren Campbell • ACTION: Approved MOTlON: Kjesbo SECOND: Bernhardt VOTE: 6-0-1 (Pierce recused) Warren Campbell gave a presentation per the staff memorandum. Jackie Clark, representing the applicant, stated that the memo was very clear and that she had nothing to add. There was no public comment. The Commissioners stated that they had no further questions. 4. 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: Table to October 9, 2006 • MOTION: Cleveland SECOND: Bernhardt VOTE: 7-0-0 5. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendments, Vail Town Code, for proposed amendments to Chapters 12-21, Hazard Regulations, 14-7, Geologic/Environmental Hazards, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create Wildfire Regulations that add wildfire hazard to the Hazard Regulations and require mitigation in high and extreme wildfire hazard zones, and setting forth ~ details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede ACTION: Table to October 9, 2006 MOTION: Cleveland SECOND: Bernhardt VOTE: 7-0-0 6. Approval of August 14, 2006 minutes MOTION: Cleveland SECOND: Jewitt VOTE: 7-0-0 7. Information Update 8. Adjournment MOTION: Kjesbo SECOND: Pierce VOTE: 7-0-0 II The applications and information about the proposals are available for pubtic inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the pro1'ect 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 • II Published September 22, 2006, in the Vail Daily. ~ • • Page 6 ! • ~ ~1713 I PROOF OF PUBLICATION w ~ o m -6 m ~ °mv~~'~~mL~ ='~m I STATE OF COLORADO } A y 3 0 _ R W -i ~ _ i 2 } SS. 0 1 ~ D " ~ 3 m ~ 7c ~ ~ rn ~ a g ~ ~ > my 9 O ~ 33 m'- m 3 c~m Q c' ~mg'O~ ~m1 " mCn COUNTY OF EAGLE mmm~ ~W, 3~~ZZ- o sg m G 3 ~ N~ ~~W~ v m. 7 c~ 'SrCf 1OWZ £ m~ w ~ ~ n ~ ~m wJm D . I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the ~ d o m~ m a a=~° ~1 `-y 3 m~ m~ e n- 4 ~m a g Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Col~ ma; N F o g m m N~~~ D m3 3 v mm aa roo u~9" ro~w > fn RI has a general circulation therein; that said newspaper has been published continuously and a~ o-_ m~ m y a~ o ~ ~ o z o90 m rp 3>>1mm~ m ~g uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks n ~~o;~ m -0~ m~ y~ ~ a s ~ ~ to the first publication of the annexed legal notice or advertisement and that said newspaper has ~ 4 o W; g ~ o 0 *a ~ 2 34 p o; y Published the requested legal notice and advertisement as requested. no~ ~m~ av° Dp»? a m~~~mW ~~~mc The Vail Daily is an accepted legal advertising medium, only for jurisdictions oper. ? a d 3 y m„, ; m~g~ m Colorado's Home Rule provision. o g m f N- 0 a s m D'w_m m- B, 01 m m m D -iDO D rn~'31m -IDp ~ D-1 'bm n3$l,)~ D~ That the annexed legal notice or advertisement was published in the regular and entire isE >CO 10 F _8 m ° ~ c c m O'm ~ m 3n n>> cm rt ri O m m m m t~ s p O ' ~ O Z~ - ^ i0 o q m a Z:'1 z z p ~number of said dailY newsPaPer for the Period of 1 consecutive insertions> • and that the first Pi ~s m ~ o-~-+ ~?oo~ amo'mo~~a°p =~~av, a-~ a 0 m m- CD n said notice was in the issue of said news pa per dated October 06 A.D. 2006 and that the last w~ w~ m a F a w s , om O m. rn 3 ~ Z 3 O e'o~ m8 m m' m 0 m d`D m m m ~ a~ m C 3Rm° oi m m o a. m~ 3~ 0 2 T$ ~ a 0. o f s a i d n o t i c e w a s i n t h e i s s u e o f s a i d n e w s p a p e r d a t e d O c t o b e r 06 A. D. 2006 . 6. . ~ a 2 = m. o~3 ~ ma 3° m m~ ~ a~ W m i' f' o G!~ 5O.o o m 0 9 3 m ~ T~ m I ~ m.'. J f o c~ °-ro a 'c' mwom=~ Nm Ny ~p~ro N O 3 7 n y ~ ,.s N p m 0 ° » 0 N» 0~ C„~,~ 8 (%1 m C C N O~ n T ~ O ?.n m aa N P1 ~ S W p Ol O O m Q~S = 3 N ' m a~ In witness whereof has here unto set my hand this 16th day October' 20 m 'ao c~ °3 ~ ? s m m m°_'~o o m m o o x Ni A~ OD -1 Oi C A1 ~J ~ C7 = A l] (n 2, Pu r/General anager/F = 3 a~ N9 m~~ mO~ppp ~ m ~ 3 ~ a~ m Subscribed and swom to before me, a notary public in and for the County of Eagle, State of C o g=~. ~ s o~ 1, m m ~ m m o ~ g a~ ~ m m 16th October, 2006. 0 = ~ g.0 3a~~3~D~~~~~ 3. ~ 3 ~ m m» m~F~a~ 2~ m ~2~ ~ { ~ D ~n'ro °-'maO Z ~O v S'mm x J ~av~ cv~ m 0 m m-~ /j g m $ - a ~ - xS nT 0- g R. m n m~ m 3 m ~m10 ~ c m O amelaJoan ~ m~~ mmg~~Q Z 3 g m ma~ mT?L io' ? Nota o CD c 3 m 3 !R. a N ~a c o m~ My Commission expires: November a m0 m 3~ m oZ m$ m m A ~0•' '•%A~ oo~ . . : PAMELA J. Z : SCHULTZ : 9•~'••.....•~•~: OF • • • 1730 PROOF OF PUBLICATION ~irou~R r o~R~rr~ Pueuc Nomce STATE OF COLORADO } NOTIC~~E~HEREB~Y~GIVpE ~ ~ ~ hold a publiC ryeering in accordence wdh secuon SS. 12-3-6. Vail Town Code, on Oaabw 9. 2006, at COLTNTY OF EAGLE } 100 pm in taLO~ he Town d Vail MunicWal &u~Idi~9• in consider of- for 8 reppmnendapOn tp the Vail Town Council of an artierMmern m the Town oi Vail Sheetscape Masw Plan, PumuaM to Chepler 1, I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Master Plan Procem to rebcate ChedWWw Chw' Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Coiorado, and a~ M~~feP~nted by Gmg I has a general circulation therein; that said newspaper has been published continuously and Planner: George Ruther uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior n,e ad"u~ ~inbrnuM^ about +"a a°POs' als are ave~laWe ra vudic Kupeceo^ au"^y office I to the first publication of the annexed legal notice or advertisement and that said newspaper has hours at the Town o1 Yail CommunAY Deparm~em, 7s so~ui For~TSge Roaa. rne vuW~ Published the requested legal notice and advertisement as requested. ;5 ;,ri;«a to an~e .a ~+?e ~e visits uiat uie a~lic nearm9 in n,e ToNrt+ The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under o, veil ~~itr ~"t- Colorado's Home Rule provision. p~~ call 970-479-2138 fw ad~~ i~^a Sign lan9uae interpretaUOn is availaCde upon re- That the annexed le al notice or advertisement was ublished in the re ular and entire issue of ever ques+, ~ 24-~r P'~ s~a g P g Y 479-2356, 7elepFwne br the Hearing Impaked, tOr information. number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of P„a;s,,ea s~temr,er a2, zoos, in the vail oaiiy.(s2siza~7) , said notice was in the issue of said newspaper dated September 23 A.D. 2006 and that the last - publication of said notice was in the issue of said newspaper dated September A.D. 2006. In witness whereof has here unto set my hand this 16th day October, 2 ' her e ral Manager/Editor I, Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this I 16th October, 2006. ' amela Joan Sch z -o,~p.RY PNotary Public My Commission expires: November 1, 2007 . : PAMELAJ' : ; SCHULTZ ; . 0 . ~ ~ OF (Xy?- ~ , PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING . October 23, 2006 ~tpF~~ ' 1:00pm TOWN COUNCfL CHAMBERS / PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Bifl Pierce Anne Gunion Chas Bernhardt , Doug Cahill Rollie Kjesbo Bill Jewitt Dick Cfeveland Site Visits: 1. One Willow Bridge -1 Willow Bridge Road 2. Lionshead Parking Structure - 395 East Lionshead Circle Driver: George Public Hearing - Town Council Chambers 15 minutes 1. A request for a worksession to discuss a conditional use permit, pursuant to Section 12-7A-3, . Conditional Uses, Vail Town Code, to allow for a business office (real estate), located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PEC06- 0066) Applicant: Vail Dover Associates, LLC, represented by Mauriello Planning Group Planner: Warren Campbell ACTION: Tabled to November 13, 2006 MOTION: Cleveland SECOND: Pierce VOTE: 7-0-0 15 minutes 2. A request for a worksession to discuss a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC06-0068) Applicant: Town of Vail, on behalf of All Mountain Sports, LLC Planner: Bill Gibson. ACTION: Tabled to November 13, 2006 MOTION: Kjesbo SECOND: Pierce VOTE: 7-0-0 The Commission felt that the service was needed and felt that instead of rezoning triggering the termination of the use, they would rather see it be the demolition of the parking structure. The concern being that it may be years after a rezoning that a structure is constructed on the parking strueture site. A concern was raised about the appearance of the space from the exterior windows and stuff being pilled in front of the windows. • Bill Jewitt was concerned about being fair if the site was rezoned and allowing a use which was not allowed in other locations within the same zone district. Page 1 30 minutes , 3. A request for a recommendation to the Vail Town Council of an amendment to the Town of Vail Streetscape Master plan, pursuant to Chapter 1, Master Plan Process, to relocate Checkpoint ~ Charlie, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Greg Hall Planner: George Ruther ACTION: Table to November 13, 2006 MOTION: Kjesbo SECOND: Pierce VOTE: 7-0-0 4. A request for a worksession to discuss a proposed 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 November 13, 2006 MOTION: Cleveland SECOND: Pierce VOTE: 7-0-0 5. A request for a recommendation to the Vail Town Council of a proposal to establish Special Development District No. 40, pursuant to Article 12-9(A), Special Development Districts, Vail Town Code, to allow for the redevelopment of the Willows Condominiums, located at 74 Wiltow Road/Lot 8 Block 6, Vail Village Filing 1" Filing, and setting forth details in regard thereto. • (PEC06-0061) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed ACTION: Tabled to November 13, 2006 MOTION: Cleveland SECOND: Pierce VOTE: 7-0-0 6. A request for final review of a conditional use permit pursuant to Section.12-6H-3, Conditional Uses, allow for the construction of timeshare estate units, fractional fee units and timeshare license units, located at 741Nillow Road/Lot 8 Block 6, Vail Village Filing 1 S` Filing, and setting forth details in regard thereto. (PEC06-0062) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed ACTION: Tabled to November 13, 2006 MOTION: Cfeveland SECOND: Pierce VOTE: 7-0-0 7. A request for a recommendation to the Vail Town Council of a proposed text amendment to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for professional offices and business offices, as conditional uses in the Residential Cluster Zone District, and setting forth details in regard thereto. (PEC06-0065) Applicant: Booth Creek Management Corporation Planner: Elisabeth Reed ACTION: Table to November 13, 2006 ! MOTION: Cleveland SECOND: Pierce VOTE: 7-0-0 • ~ Page 2 8. 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 the locating of a proposed "quasi- • public" ski club containing commercial ski storage on the third floor of a structure in the Commercial Core I district is not permitted or listed as a conditional use within Section 12-9C-3, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. ~ (PEC06-0067) Applicant: Remonov & Company, Inc. Planner: Warren Campbefl ACTION: Withdrawn 9. Approval of October 9, 2006 minutes MOTION: Jewitt SECOND: Cleveland VOTE: 6-0-1 (Kjesbo recused) 10. Information Update 11. Vail Transportation Master Plan Presentation - Greg Hall 12. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. • Sign fanguage interpretation is available upon request with 24-hour notification. Please call (970) 479 2356, Telephone for the Heanng Impaired, for information. Community Development Department Published October 20, 2006, in the Vail Daily. • Page 3 ~ • MEMORANDUM TO: Planning and Environmental Commission FROM: Department of CommunitY DeveloPment DATE: November 13, 2006 SUBJECT: A request for a worksession to discuss a proposed conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395 East Lionshead CircleJLot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC06-0068) Applicant: Town of Vail, on behalf of All Mountain Sports, LLC Planner: Bill Gibson 1. SUMMARY The applicant, Town of Vail, on behalf of All Mountain Sports, LLC, is requesting a work session to discuss a proposed conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1. As this is a worksessian, the Community Development Department recommends the Planning and Environmental • Commission provides direction to Staff and the applicant concerning the proposed conditional use permit. As a worksession, the Commission will not be making a binding decision at this time and the comments from this hearing will be re-evaluated at the Commission's November 13, 2006, public hearing. II. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, on behalf of All Mountain Sports, LLC, is proposing a ski storage facility at the Lionshead Parking Structure. All Mountain Sports is proposing to offer ski, snowboard, and boot storage, a ski gear valet service, gear shipping service, and a limited sale of basic retail items. Skis and snowboards will be stored in an existing closet underneath the parking structure's west staircase. Transactions with customers and boot storage wifl occur on the west end of the Lionsh'ead Parking Structure's first floor adjacent to the Subway restaurant. This approximately 200 sq. ft. area currently functions as an entry lobby that is currently occupied by a seating bench, boot lockers, and video games. The applicant's description of this request has been attached for reference (see Attachment B). A vicinity map (Attachment A), the applicant's request (Attachment B), and architectural plans and photographs (Attachment C) have been attached for reference. III. BACKGROUND The applicant is proposing to store skis, snowboards, etc. in an existing space below the • parking structure staircase that is currently used for storage. The proposed retail functions of the ski storage use are proposed in an under-utilized lobby area adjacent to 1 , the west of the Subway restaurant. A seating bench, ski boot lockers, and arcade • games currently occupy this space. The Lionshead Parking Structure is currently located within the General Use District and and a"ski and bike storage facility" is atlowed as a conditional use when accessory to a parking structure. However, the majority of surrounding properties are in the Lionshead Mixed Use 1 District which prohibits "commercial ski storage" on the first floor or ground level. This application proposes a ski storage use within close proximity to the LMU1 District and the major pedestrian way along East Lionshead Circle. Should the Commission choose to approve this application at a future hearing, Staff recommends the Commission make findings supporting the appropriateness of this ski storage use on the first floor of the Lionshead Parking Structure and not on the first floor of the neighboring properties. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code ARTICLE 12-9G: GENERAL USE (in part) 12-9C-1: PURPOSE: The general use district is intended to provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and " for which development standards especially prescribed for each particular • development proposal or project are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. 12-9C-3: CONDITIONAL USES: B. Proximity To Parking Required: The following conditional uses shall be permitted in accordance with the issuance of a conditional use permit, provided such use is accessory to a parking structure: Offices. Restaurants. Ski and bike storage facilities. Sundries shops. Tourist/guest service related facilities. Transit/shuttle services. Lionshead Redevelopment Master Plan CHAPTER 5, DETAILED PLAN RECOMMENDATIONS South Face of the Lionshead Parkinq Structure • 2 , • The linear strip of land on the south face of the Lionshead parking structure (see figure 5-1) should be considered for the develoAment of retail and office saace on fhe around level and housing for locals on the upper levels (see figure 6-6). The pianning objectives of this potential deve%pment are threefold. First, it would energize and visually upgrade East Lionshead Circle by enhancing pedestrian activity on the street. Second, it creates the potential for a locally accessible retail environment The Town of Vail should consider refaining ownership of the ground level retai!/office space and making it available to local entrepreneurs and businesses, much in the same way that deed restricted locals housing is provided in the Vail Commons. Finally, this site presents an opportunity to locate locals/ employee housing conveniently adjacent to the Lionshead pedestrian core. Retaii back doors and entrances to the residential units in the new development will be accessed from the parking structure, and any private parking associated with these uses will be in the parking structure. Some of the building's service and delivery needs may handled interior to the parking structure, but most will be accommodated in the facility proposed on the west end of the parking structure. East Lionshead Circle woutd only be used in short-term overflow situations. Because of the narrow depth and small square footage of the commercial space, it is not anticipated that it will generate the need for larger delivery trucks. il Because the garage is a non-mechanical se/f-ventilating structure, any new vertical development must be offset a minimum of ten feet from the face of the existing structure. The effect of adjacent development on the ventilation of the parking structure musf be thoroughly evaluated. ' V. ZONING ANALYSIS Address: 395 East Lionshead Circte Legal Description: Lot 1, Block 2, Vail Lionshead Filing 1 Zoning: General Use Land Use Plan Designation: Lionshead. Redevelopment Master Plan Current Land Use: Parking Structure and Accessory Conditional Uses There is no change proposed to the existing lot area/site dimensions, setbacks, building height, density control, site coverage, or landscaping area development standards. The parking standards for any conditional use within the General Use District shall be determined by the Planning and Environmental Commission. At this time the applicant is proposing no additional parking for this proposed ski storage facility use based upon the following: • the proposed ski and snowboard storage will be located within an existing storage closet • the proposed customer service counter will be located within an existing lobby that includes existing storage lockers • the use is accessory to skier parking at the Lionshead Parking Structure and is not a destination retail use • • there is no practical option available to add new parking spaces to the existing parking structure 3 I J VI. SURROUNDING LAND USES AND ZONING • Current Land Uses Zonin North: South Frontage Road/1-70 Unzoned South: Mixed Use Lionshead Mixed Use 1 East: Residential High Density Multiple Family West: Mixed Use Lionshead Mixed Use 1 VII. 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. The ski and bike storage facilities are allowed as conditional uses within the General Use District when such a use is accessory to a parking structure. This proposed ski storage facility is accessory to the existing Lionshead Parking Structure. ' This proposed ski storage facility is also consistent with the Lionshead Redevelopment Master Plan recommendation for the parking structure that: the south face of the Lionshead parking structure should be considered for ~ , the development of retail and office space on the ground IeveL.."in so much as it adds an additional commercial use to this existing portion of the parking structure. While the General Use Districts allows ski storage in its proposed location, a future re-zoning of the Lionshead Parking Structure to the Lionshead Mixed Use 1 District would prohibit commercial ski storage on the first floor or ground level of the structure. Should the Commission choose to approve this request at a future meeting, the Staff will be recommending conditions of approval limiting the duration of this proposed use. 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. This proposal makes no exterior modification to the Lionshead Parking Structure that would affect light or air, does not affect the distribution of population. The ski storage use is proposed in an under-utilized portion of the Lionshead Parking Structure; and Staff does not believe this proposal will have si.gnificant negative effect upon the Town's transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking • areas. 4 I I I • Staff does not believe this proposal will have a significant negative effect upon congestion, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas in comparison to the existing conditions. Staff believes the valet service associated with this proposal may improve automotive and pedestrian safety and convenience in comparison to existing conditions. 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. . There are no exterior alterations proposed with this application; therefore, Staff does not believe this proposal will have a significant negative effect upon this criterion in comparison to the existing conditions. VIII. STAFF RECOMMENDATION As this is a worksession, the Community Development Department recommends the Planning and Environmental Commission provides direction to Staff and the applicant concerning the proposed conditional use permit. As a worksession, the Commission will not be making a binding decision at this time and the comments from this hearing will be re-evaluated at the Commission's November 13, 2006, public hearing. For informational purposes, the following is a summary of the conditions Staff will be • recommending should the Planning and Environmental Commission choose to approve this application at its November 13, 2006 public hearing: 1. This conditional use permit approval shall expire and become void upon any re-zoning of the Lionshead Parking Structure site to a district that would not allow this ski storage facility as a permitted use. 2. This conditional use permit approval shall only be valid for the 2006-2007 ski season and shall expire on April 30, 2006. 3. The hours of operation for this ski storage facility shall only occur no ear/ier than 6:OOAM and no later than 10:00PM daily. 4. The applicant must obtain Town of Vail design review approval for any exterior signage and/or lighting for this ski storage facility. IX. ATTACHMENTS A. Vicinity Map B. ApplicanYs request C. Architectural Plans and Photographs • 5 ~ ; ti m~ • Pttac , % N ax '~'`T ~ ~ ~ ~ '-i~'~~µ ytM^yr . ? +4r , . . j . a a; `'~y~ ~7 J e ~ ~ ~ `~Z"€Pe~ , ~ ~ r yy. s xfur ~ ~ ~ lk r~ ~ I.Aw = t , ~~4 ,~"?t 1 ~ ,w ~ Ln ~ ~ ~ ' j ~ 'B t! t!} LO M 1 i to y t 4 ~ r 4 , ~ . . . ~ ~ . , ~ . , , ~ . , w ~r ~ , y•,~, f ~ .~M1"M? 1~"~~1 ~a' . 'l~ Attachment: B ~ ~ Proposal for Ski Storage In The Lionshead Parking Structure By: Philip Horsman All Mountain Sports, LLC PO Box 18489 Avon, CO 81620 970-949-9248 • 9/18/2006 I . I ; I ~ i ~ _ _ y_----- 1 • Foreword All Mountain Sports has been part of the ski business in the Vail Valley for ten years providing exceptional customer service. We are committed to making our customers' ski experience the best it can be. We at All Mountain Sports believe in order to gain and maintain customer base in the ski resort environment there needs to be a constant seaxch for ways to meet or exceed customer expectations, not only in infrastructure such as "Vail's New Dawn", but in service as well. With other vacation destinations vying for the same customer we need to make skiing and snowboarding as user friendly and fun as possible. Guests to destinations like Vail want, and expect, convenience. Without it guests will Iook to other all-inclusive vacation destinations that offer more perceived value. This is plain to see with SKI Magazine readers' pick of Deer Valley as the # 1 Resort in North America last year. It was exceptional service that got them that ranking. One of the biggest hassles of a family ski trip is dealing with equipment, from carting it S through airports, to standing in line to rent, to getting to and from the mountain. This is especially true for guests coming to Vail. We see it every day with families struggling to access the mountain from the parking garages and bus stops. We would like to offer a service of storing and transporting equipment for guests like you ' would find in Deer Valley in Utah or The Yellowstone Club in Wyoming. i • ~ • Proposal We propose to offer ski, snowboard, and boot storage in the Lionshead Parking Structure on the west side of the first level next to Subway. Rates will be comparable to other storage facilities in Vail. In addition to providing storage of equipment we will also offer valet service to and from the end of the Lionshead Mall using hand trucks designed to carry skis and snowboards. Boot storage will be inside on specially designed drying racks. We will have a small counter for the point of sale computer. At night security will be provided by enclosing the racks and counter with a roll down gate. Ski and snowboard storage will be provided in a facility just inside the entrance to the first level of the parking garage as discussed with Mike Rose of the TOV. Valet service will consist of our staff carting equipment for guests from the facility to the slopes in the morning and from the slopes back to the facility in the afternoon. ~ Equipment will be tracked via bar coded claim checks with the guests' name, local accommodations, and home phones numbers. The computer software we will use for the point of sale is ski storage specific. In the event of a guest losing a claim check we will still be able to track equipment by the bar coded sticker on the equipment. Other services offered: shipping equipment to the guests' home address; basic retail items. Thank you for your consideration of this much-needed service. Sincerely, Philip Horsman Owner All Mountain Sports, LLC • , October 13, 2006 • Bill Gibson, AICP Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Further explanation of proposed ski storage faciliy Dear Bill, Thank you for your letter dated October 11, 2006 requesting more information regarding my proposal. , 1. Proposed floor area - approximately 120 spare feet at the west end of the same space that Subway currently occupies. 2. Hours of operation - 7:30a.m. to 6:00p.m. daily. 3. Duration of season - Nov. 17, 2006 to April 22, 2007. 4. Number of skis and snowboards to be stored - 100 pair skis/boards and boots. 5. Storage and valet functions - Daily Storage - When a guest first stores their equipment we will put bar code stickers on their equipment and it will be assigned to a numbered slot. At that time they will put a credit card with their account and every time they drop their equipment it will be scanned in with a time stamp, • automatically adjusting their account. On their last day they can close out the account as an individual or a group. When a guest picks up their boots at the counter in the morning the ski storage staff will be notified to pull the associated skis or board from the corresponding rack number. One (or more) of our staff will run loops in the mornings from 8:00a.m. to 10:30a.m. to cart skis and boards to the lifts, and then again in the afternoon from 2:00p.m. to 4:30p.m. Valet carts will be stored in the same room as the skis and boards. At this time we are not going to provide seasonal storage as there are currently options for those people. 6. Retail component - We will offer accessories such as gloves, goggles, hats, sunscreen, hand warmers, and toe warmers. Thank you for your consideration. Philip Horsman All Mountain Sports • ~ Attachment: C • ~ ~.s.- ~ . F,~, rt r ~..r 1 5 r~ ~w~ ~~~a ~ +ia '3ylkt t - , , ' y ~ ; ' _ 11 ~ m r ~ I ~Q,e i rc,r- I~- u-k ~.o o {n j~ F d ~ _ ^ y - • ~ I I Z I ~ i r e: ii i i y:, ~ ~ i G- r - ' - = ~ i 7 i ` ~ . I ~I ~ ~ `Y i •i j,:~ ^ I ~t . i oi . : o , 3' - ii - - - -~i- T I ~ , k _y. ~°s t 'i(I ' , j < ' - • . i 1 b t "~i~.. I~:I• ~ fh = ~ ~ ~ { + ~ ~ • i f i ~ ~ . : o, L - rl J, ~ I ; • e. , _ aa3 ' P ~ O ~ - ~ J;_~L T :w~ . . , . . ; . . , . . ~ ~ . _ : , . . ~ , s . - - 1 • ~ ~vgr ~e x"•~ '~_M. ' - i :,p~` ` s k?r~ r~ ~ ~ . ~y ! ~ c~~,~~~g'P5 ~ ~ _ `Fy, 5 ` _ 5 6t i ~ , •r,-i 1 , e~i tl ~ - ~ ~ ~ i . ~ ~ ~ ~ i , . ~I.HI. i . ~3~,• • ~ a ~ ~t- ti/ t - ~ I _ _ . -•1 .i-- ri ~ i i ~ ' - ' ~ ' ' ! Y 3 T 5 :1 ~ , . , _ ~ . , .Y ~ ' , ~ . . ~ I + g~ ~ '~i~ ~ ?fl~~ ~ p 7 1 k'' m '~•r ~~ly , b' .,~q~~~p ~r; ~ r~x'' " j . . . ~gA. . . . ~ . ~w 3. ! `:d } l ~k~,la . ~..~.w*~x •r ~ . t ~5T I R ~ t~ ~ ~ h ~k ' Yil~~y T w 1 ° d q) . . w7 n~~ ~ E ~~~'~;~~'~vrr "~f • ~ ~ ~ r„ ~ ~~r~~~ ~9 ~'~~rfk~k~p ] i. ~ trt~r ~ ly;iJ d~~ f ~ ' ~,F, ati 2~t< ~~~g; #~j~~ d 1~~ i a ~ ~,r r;,. ~ .l' ~,r ; I f~ ~t:9 1 4r, ~A I ~ r f't e, ~ M' ~l'~ ~t ` ~4 fr^' ~nb~ ~ t~f,~ t ; ~ ~ r G uEy V y I~~yy~,k~ r. " G w ~ .i ~ ~ ' a~ f _ r4 a K ~ 3 N~ `'rr' G . ~I ' ' 44 s 17 ~ t ~ M,yr r 7~ P f~ ~•~L F I 4 ~ s~ ~`i t Fl~ ,4~ M 4 + 0 9 ~ • ~ ~ _ ~ ~ w„~ ~ - 4 ~ ~ G~. ~ ~ t 'e R , 1 ~~.~y . ~ ..1yy~ ~'~yyXp~^' h' ,.'«w~.~l } , ~ ~ ~ ~ ~ 1 ~7r ` S f.; ~ _ ~~M0,1 ~ ~ 4 . ~{p.,~ f ~ F 1•#~' . I j~ 7 ;9 . w ~1n,~4 . •Y~~ tw~~, ( s.,, ,..,..w ~1 , ~ ,s~,~ ~ ~ ~a , ° ' ~ ~ ~ ~ ~ g` ~ xR ~k.M~~„,,,, ~,'`+~~i~~ ' ` ~ ~ ` ' ~ % ~ ~ ':~~`j q ~i ' ~ ~ 's~. ~¢~0"~ ~ ~ , ~ ~ ~a v~~e s i t1 , ..~~tAt~~ . ° ~ Wy~ ~~~M1' 4~~~~ ~`i~~ y%~~~~ ~~Gy+~'~ ~~'IWI~ FR~, .M•_._ ° ~ y ~ ~ ~ s ~ ~ ~ ~ ~ , MEMORANDUM • TO: Planning and Environmental Commission FROM: Department of Community Development DATE: October 23, 2006 SUBJECT: A request for a work session to review a conditional use permit, pursuant to , Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office (real estate), located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PEC06-0066) Applicant: Vail Dover Associates, LLC, represented by Mauriello Planning Group Planner: Warren Campbell 1. SUMMARY The applicant, Vail Dover Associates, LLC, represented by Mauriello Planning Group, is requesting a work session to discuss a proposed conditional use permit pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office (real estate), at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision. This conditional use permit will allow the applicant to establish a real estate office for a period of three years within a tenant space of the One Willow Bridge structure currently under construction. • The Planning and Environmental Commission is not be asked to take any action on this proposal at this time. The Community Development Department recommends that the Commission tables this request to the November 13, 2006, public hearing. II. DESCRIPTION OF THE REQUEST Vail Dover Associates, LLC, is requesting a conditional use permit to allow for a business office (real estate) within a tenant space at 1 WiNow Bridge Road/Lot 2, Sonnenalp Subdivision. This conditional use permit will allow the applicant to establish a real estate office within One Willow Bridge for a period not to exceed three years. The proposed real estate office will be located within a tenant space of the One Willow Bridge structure currently under construction. The proposed location of the real estate office would be in a 563 square tenant space in the northeast corner of the structure. The proposed real estate office would be used to solely sell product to be offered within the Solaris project which is anticipated to begin construction in the spring of 2007. The applicant is not proposing any exterior changes to the tenant space at this time. The applicant's request (Attachment A) have been attached for reference. III. 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. 1 Planninq and Environmental Commission: Action: The PEC is responsible for approval, approval with conditions, or denial of a conditional use permit. ` The PEC is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicabie to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. Conformance with development standards of zone district Lot area Setbacks Building Height Density GRFA Site coverage • Landscape area Parking and foading Mitigation of development impacts Desiqn Review Board: Action: The DRB has NO review authority on a conditional use permit, 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 • Title 12, Zoning Regulations 2 Chapter 12-2: Definitions (in part) • OFFICE, BUSINESS: An office for the conduct of general business and service activities, such as offices of real estate or insurance agents, brokers, secretarial or stenographic services, or offices for general business activities and transactions, where storage, sale, or display of inerchandise on the premises occupies /ess than ten percent (10%) of the floor area. Article 12-7A: Public Accommodation District (in part) 12-7A-1: PURPOSE: The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilifies and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same district and compatible with adjacent land uses. The public accommodation districf 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 permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function, compafibly with the high density lodging character of the district. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: • Bed and breakfast, as further regulated by secfion 12-94-18 of this title. Churches. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Hospitals, medical and dental clinics, and medical centers. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (109"o) and fifteen percent (15%) of the total gross residential floor area of the main structure or I structures on the site. Major arcade, so long as it does not have any exterior frontage on any public i way, street, walkway, or mall area. Private c/ubs and civic, cultural and fraternal organizations. Professional and business offices. Public buildings, grounds and facilities. Public or commercial parking facilities or structures. , Public or private schools. Public park and recreational facilities. Public transportation terminals. Public utility and public service uses. Ski litts and tows. Theaters and convention facilities. Type lll employee housing units as provided in chapter 13 of fhis tifle. ~ Chapter 12-16: Conditional Uses Permits (in part) • Section 12-16-1: Purpose; Limifations In order to provide the flexibility,necessary, to achieve the objectives of this title, specified uses are permitted in certain districts su6ject to the granting of a conditional use permit. 3 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 infended fo assure compatibility and harmonious developmenf 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, fo achieve these objectives, applications for conditional use permits shall be denied. Vail Village Master Plan Goals Obiectives Policies, and Action Steps (in part) 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 2.1 Recognize the variety of land uses found in the 10 sub-areas throughout the Village and allow for the development that is compatible with these established land use patterns. ObI'ective 2.4 Encourage the development of a variety of new commercial activity where compatible with the existing land uses. • Land Use Plan (in part) Land Use categories in the Vail Vrllage include the following: Mixed Use: This category includes the "historic" village core and properties near the pedestrranrzed streets of the Vrllage. Lodging, retail and a limited amount of office use are found in this category. Within nearly 270,000 square feet of retail space and approximately 320 residential units, the mixed use character of these areas is a major facto in the appeal of fhe Vail Village. Vail Villaqe Sub-Areas Mixed Use Sub-Area (#1) The Mixed Use sub-area is a prominenf activity center for the Vail Village. It is distinguished from the Village core by larger scale buildings and by the limited auto fraffic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mrxture of resrdential/lodgrng and commercral 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 gafeway entries to the Village at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is a/so a long term goal to strengfhen 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 this sub-area with the development of the final, phase of the Vail vrllage Inn project. In addition, commercial 4 and residential/lodging development potential is identified in sub-area concepts 3, 4, 6 and 8. The completion of these projects will essentially /eave fhe sub-area "built out". • #1-4 SonnenalA East (Swiss Chalef) lnfill Commercial infill of north facing alcove of existing structure to provide shops and pedesfrian activity. A plaza with greenspace shall be developed in conjunction with the adjacent plaza at the Vail Village Inn. Fire access and on-site parking are two issues to be addressed in the design and development of this project. Special emphasis on 2.4, 2.5, 2.6, 3.1, 3.2, 4.1, 5.1, 6.1, 6.2. .f ~ RAXA !E AUOW ~ i - ALIdMAN ~N6NALY ~C~ V P PIVER HWOQ~ ~ 80ELtME196 .k . • .:=J 41,_C]I `t ~-u''~ l,-Hi\J: '~w r~06 NM V. ZONING ANALYSIS Zoning: Public Accomodation Land Use Plan Designation: Village Master Plan, Mixed Use Sub-Area Current Land Use: Mixed Use I DeveloqmenfiStandard Allowed/Required Existin Proposed Parking: 141 spaces 141 spaces 141 spaces VI. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Mixed Use Commercial Service Center and SDD No.6 , South: Stream Tract Outdoor Recreation East: Mixed Use Commercial Core 3 West: Multiple-Family Public Accommodation VII. CRITERIA AND FINDINGS • The review criteria for a request of this nature are established by the Town Code. The proposed real estate office is located within the Public Accommodation (PA) zone district. Therefore, this proposal is subject to the issuance of a conditional use permit in I 5 I accordance with the provisions of Chapter 12-16, Vail Town Code. Although this is a work session Staff has responded to the criteria for reviewing a real estate office in the • , Public Accommodation district. A. Consideration of Factors Reqarding Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the Town. Pursuant to the Public Accommodation zoning of the proposed site, conditional uses are allowed in accordance with the provisions of 12-7A-3, Conditional Uses, Vail Town Code. Business offices, which include real estate offices, are allowed as conditional uses within the Public Accommodation district. The proposed real estate office is located at street level within the northeast corner of the One Willow Bridge structure. There are currently several other real estate offices located on properties zoned Public Accommodation district. Properties such as the Austria Haus (16 feet of frontage), Mountain Haus (59 feet of frontage), Christiania Lodge (29 feet of frontage), and Phase III of the Vail Village Inn (30 feet of frontage). The proposed Solaris real estate office would have a frontage of approximately 50 feet along East Meadow Drive and Willow Bridge Road. The primary purpose of the Public Accommodation district is to provide sites for lodges and residential accommodations. The cumulative effect of allowing numerous other conditional uses in this district may lead to an eventual departure from the purpose of the district. However, given the small number • of real estate offices currently located within the Public Accommodation district and the proposed limitations on time, three years, and sale of product, only Solaris real estate, Staff does not believe this proposal is an issue of concern at this time. The provisions of the Public Accommodation district, and the Vail Village Master Plan each allow for limited amounts of office uses within Vail Village. Therefore, Staff believes the proposed real estate office for a period of three years is consistent with the development objectives the Public Accommodation district and the Vail Village Master Plan. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes the proposed real estate office will have no significant negative effects on the above-mentioned criteria as the use would be located within a structure currently under construction. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that the proposed real estate office will have no significant • negative effects on the above-mentioned criteria. Pursuant to the provisions of Chapter 12-10, Off-Street Parking and Loading, Vail Town Code, the proposed real estate office will require an increase in parking of 0.2 additional 6 parking space compared to the previous retail use of this tenant space. The • parking requirement for One Willow Bridge - Sonnenalp development was established to be 140.04 parking spaces. The proposed real estate office will increase this requirement to 140.24 or 141 spaces. There are 141 parking spaces approved with the One Willow Bridge - Sonnenalp development. Therefore there is sufficient parking within the development to address the proposed change in land use. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed real estate office will be located within an existing tenant space; therefore, Staff believes the proposed real estate office will have no significant negative impact on the above-mentioned criteria. New signage for this business will require Town of Vail design review approval, thus ensuring the compatibility of any new signage with the surrounding uses. B. The Planninq and Environmental Commission shall make the followinq findinqs before qranting a conditional use permit: 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 district in which the site is located. 2. That the proposed location of the use and the conditions under which it . will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in I 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. Does the Commission have any feedback to give to the applicant and Staff to address prior to returning on November 13, 2006, for a final hearing for a conditional use permit to allow a real estate office within One Willow Bridge? VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission tables the applicant's request for a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office (real estate), located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision. IX. ATTACHMENTS A. Applicant's request B. Public Notice • 7 i ~ Solaris Display Center One Wiilow Bridge Road y -V, . t .9 IT ~ ~ q V ~ ~ ,q ? . l ~~t,t.. ~ _ T' t^'~$' }~'r,~~'~ ''n't . ~ • . ~ ; . . 4 . ~ 'T ~ ~ • s~ ~ ~ g ~ •~i t ~ ~°.".~a~'~:b "''a ` r •7~ ~.i" ~i ~~TM, rxl~ ~ Application for Conditional Use Permit for a Temporary Profe551onal Office September 2006 Represented by: I 1T1 111 cl 0 Mauriello Planning Group Attachment: A I • Owner and Consultant Directo ry Owner: Bob McNichols Vail Dover Associates LLC 4 14(5 N. Arcadia Drive Phoenix, AZ 850 15 Land Use Consultant: Mauriello Planning Group, LLC PO Box I 127 Avon, CO (5) 620 970.748.0920 a I I 150rI M F'G t.omc<:a5t;. nft Architect: • Suman Architecture 143 East Meadow Drive, Suite 300 Vail, CO 8 I 657 970.47 I .6 122 michael r.z sum<anard-I I tc'c,t5.Com , One Wdlow Bridge Road - Conditionai Use Permit 1 Mauriello Planning Group, LLC I I • I. Description of the Request One WiIlow Bridge Road is recpe5ting a conditional use permit to allow for the Solaris Display Center within the Public Accommodation Zone District. The display 5pace is approximately 563 sct. ft. of ground level space located within One WiIlow Bridge Road and will be u5ed as the SolarIs Dis#lay Office. The proposed use is temporary, and will not exceed a period of/ years. The Solaris Display Center will include displays of the Solaris Model, and samples of exterior building materials and interior finishes, but will not be permanently I staffed. The intent is to use the space as a display center, and to be able to bring prospective residents or businesses to view the Solaris development. I The 563 scl. ft. proposed for the use is an area that was previously approved as retail space, and therefore the parking requirements will increase by .2 spaces. According to our research, there 15 ample parking available for the temporary use. R,.:, x Nl, ~ . i „ 4 ~ •~~ly ~ i i • ~ ~ , A' t One WiIlow Bridge Road , x'r'! ~ . r~ f4~ 51~ T"'~ £ b 1 • ' 1F • !P f M 7. ~ d.~ ~ ~ ~'C. r4 F A "y"'k~ ~ '.::r µ R.~, ~~i . Y . ~ . ~ J'`~• t` p 1 k E i~w'' Locational Map ~ 11. ZOninq The site 15 located at the intersection of Willow Bridge Road and East Meadow Drive, at Lot 2, Sonnenalp Subdivision. The 51te of One Willow 6ridge Road site 15 approximately .526 acres and 15 zoned Public Accommodation, but according to the final plat of the Sonnenalp 5ubdlvi51on, the entirety of Lots I and 2 are to be treated as one development site. Within the Public Accommodation zone d15trict, a"Professional and BuSiness Office" 15 Iisted as a Conditional Use, which 15 the c105e5t similar use I15ted in • One Willow Bridge Road - Conditional Use Permit 2 Mauriello Planning Group, LLC • the PA zone district. There will be no modifications to the exterior elevations as a result of thi5 request for a conditional use permit. The 563 561. ft. space in which the use is proposed was previously approved as a retail use. The previous parking rectuirement for this area was 1.3 spaces. The change in this use from a retail establlshment to an office use modifies the parking requirement from 1 .3 spaces to 1 .5 spaces. According to the parkmg calculations, there is available parking for this use. According to Chapter 10, Parking, of the Zoning Regulations, parkmg 15 assessed according to the following calculations: Othe,r professional and business offices 2.7 spaces per 1 000 sq ft of net floor area Retail stores, personal services, repair shops 2.3 spaces per 1 000 sa ft of net floor area From our research and analysis, the parking requirement for the entirety of the project (Sonnenalp, Tallsman, and One Willow Bridge Road) 15 160.29 spaces. The change in retail area to a professional office adds .2 spaces, for . a total parking recluirement of 160.49 spaces. Therefore, there is no increase in the total parking rectuirement as a result of the change in use. ~ There are currently I 62 spaces designed for the 51te. This parking analysis is taken from the memo, dated April 19, 2006, prepared by Resort Design A550cIate5 as part of the Ludwig's enclosure and is part of the Town'5 record. . III. AdJacent Properties The mailing addresses o` all adjacent properties have been provided. ._._r~ Urllage rT iP1a ; Vail Village f?laza C^nndos~-~ Cr05~~a ds VdlsgB,Center . ~ Sonnenatr Tahs L Riv ous~~~`!~ own pf Va~l . f` E e a~eiss r= _ ; • ` ~ I s` r"a SU~nme-r. , L~d~e ~ "~=~~'~~k ? ~ ..~-'-,_,_._..r-: , 7, 7 . / ; l ` ~ • Adjacent Property Map One Willow Bridge Road - Conditional Use Permit 3 Mauriello Planning Group, LLC , ~ IV. Conditional Use Review Criteria The following 15 a list of the criteria that the Planrnng and Zoning Commission is required to consider in the review of a Conditional Use Permit. A. Relationship and impact of the use on the development objectives of the Town. Our Analvsis: Accordmg to the Town of Vail Zoning Regulation5: The public accommodation district is Intended to provrde 51te5 for lodges and residentlal accommodations for osltors, together wlth such p0b11c and 5em1publ1c facilities and limited profe551onal offices, medlcal fac111t1e5, priuate recreation, commercia%retail and related ositor orlented uses as may approprlately be located withln the same district and compatible w1th adjacent land uses. The pub11c accommodation dlstrict is intended to ensure adeqvate light, air, open space, and other amenltles commensurate wlth lodge uses, and to maIntaln the des~rable resort qualltles of the dlstrlct by . establishing appropriate site deve%pment standards. Additional nonresldentol uses are permltted as conditlonal uses whlch enhance the nature of Va11 as a uacatlon communIty, and where permltted uses are intended to functlon compatibly wlth the high dens,ty lodging character of the drstrict. One WiIlow Bridge Road 15 adjacent to other PA zoned properties, including the Sonnenalp, and the Vail Village Inn (5DD with underlying zoning of PA). Other adjacent properties include Crossroads which is zoned CSC (now SDD with underlying zoning of CSC), and Village Center which is zoned CC2. Professional offices are a conditional use for all properties zoned PA, a permitted use for properties zoned CSC, and not permitted on the first floor of properties zoned CC2. Other PA zoned properties which have professional offices include the Austria flaus, Christiania and the Mountain Haus. Additionally, prior to demolition, the SwISS haus contained a real estate office on the first floor. The impacts of these existing real estate offices have been minimal. In this case, the use proposed is a temporary 6115pl3y center to be used while 5olari5 15 under construction, and any impacts will be limited by the time frame of the use. The use wlll be removed as construction is completed, . or as the condltional use permit expires. • One Willow Bridge Road - Conditional Use Permit 4 Mauriello Planning Group, LLC • The Land Use Plan of the Vail ViIlage Master Plan identifies One Willow Bridge Road as "Mixed Use" which is defined as follows: This category includes the "historic" Vllage core and properties near the pedestrianized streets of the l/illage. Lodging, retail, and a limited amount of office use are found in this category. The space requir d for this use is minimal (approximately 563 sq. ft.) and is temporary (~years) and therefore is in compliance with the land use designation a5 described by the Vail ViIlage Master Plan. 5. The effect of the use on Iight and air, distribution of population, transportation facilities, and other public facilities needs. Our Analysis: The proposed use 15 located in an ex15ting, previou51y approved commercial 5p3ce within One WiIlow Bridge Road. Therefore, the facility will have little, if any, impact on the above-mentioned issues. C. Effect upon traffic with particular reference to congestlon, automotwe and pedestrian safety and convenience, traffic flow and control, access, • maneuverability, and removal of snow from the street and parking areas. Our Analysis: As the use is located within an existing building, there will be little, if any, impact on the above-mentioned 155ue5. D. 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 Anal.YsiS: ?j The proposed d15play center will be limited to/ years, and 15 intended to serve as the display center for Solaris a5 the redevelopment of Crossroads occurs. Offices have been approved on the first floor in the PA zone district at the following locations: ¦ Austria tiaus ¦ Christiania ¦ Mountain haus These offices have not had a negative effect on the character of the area. The effect upon the character, especially with regards to scale and bulk, of this propo5al will be similarly minimal. • One Willow Bridge Road - Conditional Use Permit 5 Mauriello Plannmg Group, LLC I . . . r ~ • s . ~ . - ~ ( . ' ~ ~ I 1 . ~ , ~ ; I g~ m m • :o ; , :o . w ~ . . . I I m ~ z y ~ m n " N A f ~ xN , j ~ . m s A ca a ~ o,. vmlow uas. no.a SOLARIS DISPLAY CENTER . _a 2 5 i bl 61eek 6.E, LonnenalP f W. ~ & k vu4 cotOaADO . r - ~ Y u= ~ • ~ w o ~ N m - N J Uj pN OC' = = 1 IL IL m LL. 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N IY1 V I(1 lD h-D e) O- N I OViAfia* ~~THIS ITEM MA UBL 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 October 23, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council of a proposed text amendment to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for professional offices and business offices, as conditional uses in the Residential Cluster Zone District, and setting forth details in regard thereto. (PEC06-0065) Applicant: Booth Creek Management Corporation Planner: George Ruther 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 a business office (real estate), located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PEC06-0066) Applicant: Vail Dover Associates, LLC, represented by Mauriello Planning Group Planner: Warren Campbell 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 the locating of a proposed "quasi-public" ski club containing commercial ski storage on the third floor of a structure in the Commercial Core I district is not permitted or listed as a conditional use within Section 12-9C-3, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0067) Applicant: Remonov & Company, Inc. Planner: Warren Campbell A request for a final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC06-0068) Applicant: Town of Vail, on behalf of All Mountain Sports, LLC 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 October 6, 2006, in the Vail Daily. Attachment: B i ~ PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • October 9, 2006 ~wr~o~v~ ~ TOWN COUNCIL CHAMBERS / PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Roilie Kjesbo (left at 3:10 pm) Ann Gunion Chas Bernhardt Doug Cahill ' Bill Jewitt Dick Cleveland Site Visits: (none) Driver: Public Hearing - Town Council Chambers 1. A request for a worksession to discuss a proposed 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 WesULot 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 October 23, 2006 TION: Jewitt SECOND: Cleveland VOTE: 6-0-1 Rollie absent MO ( ) Warren Campbell gave a presentation per the staff memorandum. Jay Petersen and Tom Braun, representing Vail Resorts Development Company, stated that they had addressed the concerns heard previously from the Commission in the proposed text presented in the staff memorandum. They made themselves available to address any questions. Jim Lamont, representing the Vail Village Homeowners Association, and Kaye Ferry, expressed concern about the elimination of language regarding employee housing within West Lionshead. Both identified the need to have interspersed locals housing within any development in West Lionshead. Jay Petersen identified that Section 4.9, Housing, Lionshead Redevelopment Master Plan, addressed how employee housing would be incorporated into any redevelopment of the sites. The Commission as a whole expressed concern over the need for more specifics on providing ~ employee/locals housing within the redevelopment. Within the Master Plan locations for housing and mix should be discussed. It was stated that the success of a new portal and West Page 1 ~ > Lionshead depended on having a critical mass of permanent locals housing ranging from products for families to individuals. Commission member Jewitt suggested that if the cost of moving the Frontage Road would prevent the incorporation of significant locals housing maybe • the Frontage Road would be better left where it is currently. Commission member Kjesbo expressed concern that employee/locals housing was not practical with the cost of redeveloping West Lionshead. The Commission asked to be informed of the outcome from the Council discussion regarding employee housing requirements discussed on October 10, 2006. Concern was also expressed by the Commission regarding specifics on the proposed transportation center and the related traffic study. Members expressed concern over what functions of a transportation center should be included within West Lionshead and was a large amount of public parking in this location appropriate. It was suggested that the language referencing the Simba Run underpass be made clearer and strengthened. Commission member Pierce commented that the Master Plan suggestion of an east bound exit in West Lionshead was still a good idea and should not be removed from the plan. The Commission requested that an overview of the traffic study be discussed at their next meeting. Several Commission members expressed concern over the viability of any large quantity of retail within this proposed portal. Uncertainty regarding whether or not the Town could support the square footages of retail proposed within the redevelopment was expressed. Commission member Cleveland expressed concern regarding the "creep" of Llonshead Mixed Use 1 and 2 zoning westward to include the Glen Lyon Office Building and Cascade Crossing then eventually towards Cascade. Jay Peterson stated that he spoke with Greg Hall regarding the transportation fee that would then be used to pay for projects such as Simba Run underpass. The redevelopment would be assessed its portion of the traffic impact fee which could be put towards constructing Simab Run . underpass. As far as housing, Mr. Petersen asked, shoufd this site be the cure for the housing issue, beyond Vail Resort's obligation? If the Town Council passes a regulation to provide employee housing, then VR will comply. Tom Braun stated that he was concerned to hear some of the comments made regarding the proposed text. He stated, that master plans are generally vague and mushy language, at a global level. The development review stage is where the specifics get discussed. What does the developer really get with this master plan amendment? They get the ability to ask for the development, but do not get the development outright. While employee housing has been stricken, this means that VR wants to have it at the North Day Lot or at Timber Ridge. The plan has not changed very much, and is addressing concerns, but the level of specificity at this point is at the master plan level. The impetus is the new lift and the addition of the 3.5 acres into the Lionshead Redevelopment Master Plan. 2. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendments, Vail Town Code, for proposed amendments to Chapters 12-21, Hazard Regulations, 14-7, Geologic/Environmental Hazards, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create Wildfire Regulations that add wildfire hazard to the Hazard Regulations and require mitigation in high and extreme wildfire hazard zones, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede MOTION: Cleveland SECOND: Jewitt VOTE: 7-0-0 ACTION: Recommendation of approval to the Vail Town Council with modifications and • conditions: Page 2 ~ , ~ 1. The words "plywood" "aluminum" and "steel" that were added to Article 14-D1 shall be stricken from the text amendment; • 2. Staff shall consult the Town Attorney on the final language of the Ordinance to ensure it is in keeping with State Regulations; and 3. Staff shall include necessary language in Ordinance and adopt a policy that applications for re-roofing on duplexes be handled on a side-by-side basis, with each side allowed to re-roof and comply with new regulations separately. Rachel Friede made a presentation per the staff memorandum. Commissioner Rollie Kjesbo asked how duplexes will be addressed that are re-roofing at different times. Commissioner Bill Jewitt requested that Staff inform the media of the proposed text amendments so that the public was given a chance to comment. Staff responded that a press release will be created before the Town Council hearing, or before another PEC hearing, in the event that this item be tabled. Anne Gunion commented that the proposed text amendments should be reviewed with the Town Attorney because a new Colorado Statute that relates to roofing materials may require changes to the proposal. Bill Jewitt commented that this proposal is better than the previous comprehensive regulations. Rollie Kjesbo commented that Staff may need to entice duplex owners to re-roof at the same time and with the same Class A roofing materials. Otherwise, the Town Code should be • amended in order to allow two different roofs for a period of time. Dick Cleveland felt that plywood, aluminum and steel should be left as materials that go to the DRB for review under the criteria in place. Jim Lamont of the Vail Village Homeowners Association addressed the PEC, commenting that the Fire Department needed to create a comprehensive plan before the Staff changed the regulations. 3. A request for a recommendation to the Vail Town Council of an amendment to the Town of Vail Streetscape Master plan, pursuant to Chapter 1, Master Plan Process, to relocate Checkpoint Charlie, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Greg Hall Planner: George Ruther ACTION: Tabled to October 23, 2006 MOTION: Jewitt SECOND: Bernhardt VOTE: 6-0-1 (Rollie absent) 4. A request for a recommendation to the Vail Town Council of a proposal to establish Special Development District No. 40, pursuant to Article 12-9(A), Special Development Districts, Vail Town Code, to allow for the redevelopment of the Willows Condominiums, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 15` Filing, and setting forth details in regard thereto. (PEC06-0061) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC • Planner: Elisabeth Reed ACTION: Tabled to October 23, 2006 MOTION: Jewitt SECOND: Bernhardt VOTE: 6-0-1 (Rollie absent) Page 3 ~ i . 5. A request for final review of a conditional use permit pursuant to Section 12-61-1-3, Conditional Uses, allow for the construction of timeshare estate units, fractional fee units and timeshare license units, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 15i Filing, and setting forth details in regard thereto. (PEC06-0062) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed ACTION: Tabled to October 23, 2006 MOTION: Jewitt SECOND: Bernhardt VOTE: 6-0-1 (Rollie absent) 6. Approval of September 25, 2006 minutes ACTION: Approved MOTION: Cleveland SECOND: Pierce VOTE: 6-0-1 (Rollie absent) 7. Information Update 8. Adjournment MOTION: Bernhardt SECOND: Jewitt VOTE: 6-0-1 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 October 6, 2006, in the Vail Daily. • Page 4 ,O&AW~,,~ , ~:ou~vm VIEL ~ GHAMB~~ 1 PU81SCR 17 47 plC1L MENIB0S ABSE CAw ppESEN'( poed SWI $66P Fsst U°ns . S. Parw~9 s~°re ~j~ead Cirde ~ TYON ~ PR40F OF p~'LICA F`~~ ~az~15 m"~utes ~r a WOrk~~ ~ g~,°r' A. -*-s' V, pu~~, to ATE ~F CpLORAD 0 L SS• cuss a c°°ckoo^a`~ use Pe'^ Vad T°Jn'~8C ST at 1 12-~A-3• G~ ~ Z c~~piv+)ensW~~^. W~,, ~ a~~e^~`~ V ail Dai1y . That the same offwe l ~TY OF EAGLE } State of Colorado, and A WI~„ ~ ~f CO a ualified repzesentative of thof Eag1e, the County (pE~" tiop,~~a that I am A ly swe~ WhO~ and published ublished continuously a weeks next priOr Mau~ C~O SOIP.TTIX? tlG. reoie~"ted tp1 ~re~ art I, Ste~e Pope ~ a er has been p two consecutive a er has a er printed, ln that sa d newsp p ore than fifty- & that said newsp P Daily newsp P, eriod of m tPECO~~~ therein; ~e fflr a p ent and under has a g~neral c~rculatio County of Eag or advertisem ating y5 m~~ tedly in said al nonce uested. 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November 13, 2006 • rp~t(~y~ ~ 1:00pm TOWN COUNCIL CHAMBERS I PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Doug Cahill Chas Bernhardt Dick Cleveland Anne Gunion Bill Jewitt Rollie Kjesbo Bill Pierce No sites visited Public Hearing - Town Council Chambers 5 minutes 1. A request for a final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vaif Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot ' 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC06-0068) Applicant: Town of Vail, on behalf of All Mountain Sports, LLC Planner: Bill Gibson ACTION: Approved with conditions MOTION: Kjesbo SECOND: Jewitt VOTE: 5-0-0 CONDITIONS: 1. This conditional use permit approval shall expire and become void upon expiration or . termination of the lease agreement befinreen the applicant and the Town of Vail. 2. The hours of operation for this ski storage facility shall occur no earlier than 6:OOAM and no later than 10:OOPM daily. ~ 3. The applicant must obtain Town of Vail desi9n review approval for anY exterior signage and/or lighting for this ski storage facility. Bill Gibson presented the project according to the memorandum. The applicant, Phil Horseman, was available for questions. No new information had surfaced since the worksession, he commented. No public comments were added. ~ Dick Cleveland asked about Staff's rationale for defining hours. Bill Gibson noted that the Commission could delete the hours recommended in the memorandum. Doug Cahifl agreed with the Staff memorandum. 5 minutes 2. A request for a final review of a variance, from Section 12-6D-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-7, Variances, Vail Town Code, to allow for a residential addition, located at 2339 Chamonix Lane/Lot 11, Block A, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC06-0069) Applicant: Robert Stephanoff, represented by Jack Snow, RKD Architects • Planner: Bill Gibson ACTION: Approved MOTION: Kjesbo SECOND: Cteveland VOTE: 5-0-0 Page 1 Roilie Kjesbo commented that Bob Steph'anoff was currently working on framing his duplex in East Vail. He did not, however, feel that this would be a conflict of interest. Bill Gibson presented the project according to the memorandum. • The applicant, Robert Stephanoff, had nothing to add aside from the comment that this request had been approved the board previously. Bill Jewitt asked the applicant if the job was expected to be built. The applicant answered in the affirmative. There was no public comment. ~ 5 minutes 3. 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 a business office (real estate), located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PEC06-0066) ~ Applicant: Vail Dover Associates, LLC, represented by Mauriello Planning Group Planner: Warren Campbell ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Jewitt VOTE: 5-0-0 CONDITIONS: 1. The approval of this conditional use permit for a professional (real estate) office shall expire on June 1, 2009. 2. The applicant shall submit a separate complete Design Review application for all signage associated with the professional (real estate) office. • 3, The approval of this conditional use permit for a professional (real estate) office shall limit the sale of real estate within the office to solely the product offered by the Solaris development, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Warren Campbell presented the project according to the memorandum. He outlined the concerns from the previous meeting. Allison Ochs, representing the Mauriello Planning Group commented that she had nothing further to add. The Commission generally supported the location of a solely Solaris real estate office in One Willow Bridge. Commissioner Cleveland commented that he would not support another real ~ estate office within One Willow Brid9e for the sale of anY remainin9 One Willow Brid9e Product that is not sold prior to the demolition of Crossroads. Commissioner Pierce commented that no real estate offices are allowed in the CC1 zoning district on the ground floor. Most people would not realize that they had just crossed a zone district boundary. Why then, would a real estate ~ office be allowed within an adjacent zone district, such as in PA? 15 minutes 4. A request for a recommendation to the Vail Town Council of a proposed text amendment to Section 12-6E-3, Conditional Uses, Vail Town Code, to a(tow for professional offices and business offices, as conditionai uses in the Residential Cluster Zone District, and settin9 forth ' details in regard thereto. (PEC06-0065) 0 ' Applicant: Booth Creek Management Corporation Planner: Elisabeth Reed Page 2 ACTION: Approved MOTION: Kjesbo SECOND: Jewitt VOTE: 5-0-0 • Bill Pierce noted that he has done architectural work for this project in the past, but not this specific application. He does not feel it will be a conflict of interest. Elisabeth Reed presented an overview of the proposal and the Staff memorandum. Jay Peterson, applicant's representative, Norm Wayne and Herman Stauffer were available for questions. Jay clarified that this is a text amendment proposal and not the site specific canditional use permit app{ication. Doug Cahill question how the existing office came into existence. Neither the applicant nor Staff could determine from the files how the office was approved to replace the former restaurant. Dick Cleveland asked the applicant's perspective on a potential loss of housing. Jay Peterson responded that he did not think this would be an issue due to the relatively small number of expected applications of this sort. No public comment was added. Bill Pierce agreed with the proposal and thought positively of the dispersal of office uses throughout the community. Doug Cahill agreed with Bill Pierce. There were no other Commissioner comments. 30 minutes • 5. A request for a final review of a recommendation to the Vail Town Council of a proposal to establish Special Development District No. 40, pursuant to Article 12-9(A), Special Development Districts, Vail Town Code, to allow for the redevelopment of the Willows Condominiums, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1St Filing, and setting forth details in regard thereto. (PEC06-0061) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed ACTION: Approved, with conditions MOTION: Kjesbo SECOND: Jewitt VOTE: 4-1-0 (Pierce opposed) 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. 40, The Willows: 1. The Developer shall prepare a written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the stated public benefits, as indicated within this memorandum. This agreement shall include, but not be limited to, the provision of one Employee Housing Unit onsite, which shall be allocated for sole use by The Willows Condominium Association; the provision of eleven (11) employee beds offsite, provided through the "buy down program" and averaging five hundred (500) square feet per bed in units with at least two bedrooms; alt streetscape improvements atong Willow Road, incfuding an eight foot (8') paver sidewalk for pedestrians and a twelve foot • (12') wide right-of-way lane; and details for $70K of public art, which location shall be determined by the applicant and reviewed with the Art in Public Places Board. Page 3 The Developer shall address the foilowing conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shatl constitute a building permit); . 1. The Developer shall comply with all outstanding final comments of the Town of Vail Public Works Department outlined in the attached memorandum dated October 20, 2006. 2. The Developer shall ensure that the proposed redevelopment plans comply with all requirements of the Town of Vail Fire Department. 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 commence initial construction of the Willows improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 40, 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. 2. The Developer shall provide one deed-restricted housing unit onsite that complies with the Town of Vail Employee Housing requirements (Chapter 12- 13), and is allocated for sole use by The Willows Condominium Association; and secure eleven (11) additional beds within the Town of Vail through the buy down program, averaging five hundred (500) square feet per bed in units with at . least two bedrooms, as stated in the written agreement to be drafted for the passage of Special Development District No. 40. . Elisabeth Reed presented an overview of the application and the Staff memorandum. I~ Rick Pylman, applicanYs representative, presented the project further and noted the design ~ changes made since the Commission's last hearing. The applicants highlighted the proposed ~ public benefits of streetscape improvements, employee housing, and public art. The applicanYs architect Mike Foster, of Resort Design Associates, presented an overview of the I architectural changes made since the Commission's last hearing using a 3-dimensional physical model. , John Alfond, adjacent property owners' representative at 44 Wiflow Place, noted his (and his parenYs) support of the proposal. Skip Seamers, owner and Board of Director Member at Willows, complimented Steve Virostek, the developer, and his design team. I Jim Lamont, Vail Village Homeowner,s Association, asked Elisabeth to summarize and clarify the results of the neighborhood development statistics analysis. He commented that the proposed courtyard is a benefit to the Willows and the adjacent eastern building, but this was not necessarily a benefit to the general public. He also discussed the impacts of the setback encroachments to Vail Road and possible impacts to bike traffic. He recommended the • construction of a pedestrian/bike path along the south edge of Vail Road. He also noted concerns about the longevity of a for-sale vs. rental employee housing unit and concerns about considering the EHU's as public benefit. Page 4 Dick Cleveland noted his concern regarding whether or not the public benefits outweigh the • requested deviations. He noted that the actual number of hot beds will be diminished and the proportion of deviation from the standards is much higher than buildings in the neighborhood. He noted that the applicant really needed 15 employees at peak season. The street improvements are a public benefit and the public art contribution. He clarified that $70,000 is budgeted for art, not $125,000, which is actually the total amount needed for the Seibert Circle fund. In conclusion, he believes it's a good project, but the public benefits do not necessarily outweigh the deviations. Bill Jewitt noted that the employee housing calculation is worthless and no formulas apply since this is a Special Development District. He believes five EHU's are inadequate and 15 to 20 units would be more appropriate. He commented that there is a serious shortage of employee housing units which is a problem which this project has the chance to begin to rectify. Rollie Kjesbo doesn't believe a Type III employee housing unit with no price cap, a small size, and potentially high association dues will be feasible in this location. He believes the building is still too large for the lot size. Bill Pierce noted examples of other Associations which actually own their EHUs and use them for on-site management employees. He recommended updating the Town's zoning regulations to determine if .8 is a realistic square footage ratio for a high density building (as .76 is the percentage for HDMF). Maybe that ratio should be larger? Doug Cahill is comfortable with the bulk and mass of the project if the neighbors support the project. Doug asked Tom Kassmel, Town Engineer, if there were any additional streetscape improvements could be considered. He identified a long term desire for a walk along Vail Road, • but identified numerous challenges with adjacent property owners. Russ Forrest summarized the possible employee housing requirements currently being discussed by the Town Council. Bill Jewitt clarified that he liked the proposed building, but he is concerned about the public benefits. Essentially, the Town is selling 13,000 square feet of additional development rights, and the Commission needs to ensure the Town receives a fare price. He believes EHU's provide the best public benefit compared to other types of benefits. Doug Cahill noted is concern about the applicanYs meeting the public benefits as well. Steve Virostek clarified that the management, company's 15 employees manage three other properties in addition to the Willows. He clarified that the additiona4 square footage is not a clear profit, but facilitates other components of the project. He would be willing to allocate the on-site EHU to the Willows condominium association. The scale of the building was determined by the neighborhood, and the existing buildings and building owners' concerns. He noted that these hot beds will be highly rentable. He is willing to discuss provision of more EHUs, but not 15-20. Bill Pierce asked Steve to summarize how they initially calculated the density and square footage of the proposed building, which the developer clarified. Russ Forrest asked the Commission to set a target for the EHU requirement, so that the • applicant could make an attempt to meet that target or not. He provided some of the inclusionary zoning calculations being discussed by Council as a point of reference, which currently ranged from providing 10 - 30% (in employee housing square footage) of net new square footage on the site. Page 5 Dick Cieveland suggested the item be tabled so that the applicant could prepare a proposal. He believed additional streetscaping and employee housing were secondary to the need for • emplayee housing. Bill Jewitt mentioned that 1.5 million dollars for a combination of pay in lieu or buy down would be reasonable. He believes the on-site unit mostly benefits the association and not the public. Dick Cleveland believes units in the village are a good thing. He is concerned about the i proposed Type III which has no price cap. ' Russ, Bill Jewitt, and Steve discussed the current market rates for employee housing. Steve would like to do what the Commission wants. However, he believes the current proposal already surpasses what any other developer would propose. Russ Forrest noted that the most recent Council discussion regarding the pay in lieu program would assess a cost of $150,000 to $160,000 per bed. Bill Jewitt noted that his concern is actually finding the appropriate number of units to buy down, versus finding money. He suggested 12 off-site beds at a minimum 500 sq. ft. per bed within a minimum of 2 bedroom units. Steve noted that the requested deviation from GRFA was already financing the streetscaping, hot beds, etc. Steve proposed 1 on-site EHU and 11 off-site EHU's and the item was approved. • 5 minutes II 6. A request for final review of a conditional use permit pursuant to Section 12-61-1-3, Conditional Uses, allow for the construction of timeshare estate units, fractional fee units and timeshare license units, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1S` Filing, and setting forth details in regard thereto. (PEC06-0062) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, ~ LLC Planner: Elisabeth Reed ACTION: Approved, with conditions MOTION: Jewitt SECOND: Kjesbo VOTE: 5-0-0 CONDITIONS: 1. ' The approval of this conditiona( use permit shall be contingent upon passage of the associated Special Development District request by the Vail Town Council. 2. The approval of this conditions use permit shall be contingent upon approval of the associated design review request by the Design Review Board. 3. Written approval by the future Willows Partnership, without condition, of the . proposal to construct nine (9) timeshare units upon the site shall be submitted to the Community Development Department within thirty (30) days of the passage of the SDD." The Commission reviewed this item concurrently with Item 5. ~ 5 minutes 7. A request for a final review of a conditional use permit, pursuant to Section 12-61-1-3, Conditional Uses, Vail Town Code, to allow for the construction of a Type III Employee Housing Unit, in Page 6 association with The Willows redevelopment, located at 74 Willow Road/Lot 8, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0076) • Applicant: The Willows Condominium Association, represented by Triumph Deve{opment, LLC Planner: Elisabeth Reed ACTION: Approved with conditions (association maintain ownership) MOTION: Jewitt SECOND: Kjesbo VOTE: 5-0-0 CONDITIONS: 1. This conditional use permit approval shall be contingent upon Town Council approval of the request for the formation of Special Development District #40. 2. This conditional use permit approval shall be contingent upon the applicant receiving Town of Vail approval of the related design review application. 3. Prior to the issuance of a building permit, the applicant shall execute a Type III EHU deed restriction with the Town of Vail Department of Community Development to permanently restrict the use of the EHU for employee housing and allocation for sole use by The Willows Condominium Association. The Commission reviewed this item concurrently with Item 5. 30 minutes 8. 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 Chapter 7, Development , Standards, Lionshead Redevelopment Master Plan, does not supersede the setback requirements prescribed by Section 12-7H-14, Setbacks, Vail Town Code, located at 610 West Lionshead Circle/Lot 1, Bfock 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. Applicant: Landmark Condominium Association, Inc., represented by Geoff Wright . Planner: Bill Gibson ACTION: Staff Determination Upheld MOTION: Cleveland SECOND: Jewitt VOTE: 4-0-1 (Pierce recused) Bill Pierce recused himself for items 8 and 9 due to a conflict of interest. Bill Gibson presented the project according to the memorandum. He discussed with the Planning and Environmental Commission the sequence of events related to Town Code and Master Plan sections. Tyson Davidoff, applicant's representative, presented the issues according to the applicant, using a presentation to further those issues. He commented that the proposed underground parking clearly met the intent af the Master Plan regulations. He requested that the Commission understand that the documents, when reviewed as a whole, exempt the below grade parking areas from site coverage calculations. Dick Cleveland clarified that the state views the Zoning Regulations as enforceable and the Master Plan documents as not enforceable. Geoff Wright, condominium association representative, commented that he was quite involved with the drafting of the Lionshead Redevelopment Master Plan. He was in shock that the ~ regulation of below grade site coverage was being enforced. There was little other place for parking to be placed, he finished. When asked what the intent was of proceeding through the ~ Master Plan process, Mr. Wright commented that it was clear that the area needed to be • improved. Rollie Kjesbo believed that the Town needs to not count parking as site coverage. The discrepancy between the Master Plan and zoning needed to be clarified. Page 7 Bill Jewitt would be in favor of supporting a variance and suggested a text amendment as soon as possible. • Dick Cleveland agreed with his fellow Commissioners, stating that the appropriate way to deal with this problem was both through a variance and a text amendment. Doug Cahill asked that Staff be aware of the flexibility the Commission would give to a variance in this scenario. 15 minutes 9. A request for a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Landmark Condominiums; and a request for a final review of variances from Sections 12-71-1-10, Setbacks, 12-71-1-14, Site Coverage, and 12-71-1-15, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an underground parking structure and a staircase within the setbacks, and deviations from the maximum site coverage and minimum landscape area requirements, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard I thereto. (PEC06-0074) ~ Applicant: Landmark Condominium Association, Inc., represented by Geoff Wright ' Planner: Bill Gibson ACTION: Tabled to November 27, 2006 MOTION: Kjesbo SECOND: Jewitt VOTE: 4-0-1 (Pierce recused) Bill Pierce recused himself for items 8 and 9 due to a conflict of interest. Bill Gibson presented the project according to the memorandum. He outlined the deviations • from the zone district and the overall aspects of the proposal. He commented that today's meeting should be treated as a worksession and not as a final review. Tyson Davidoff, representing the Landmark Condominiums Association, commented that portions of the plan, including setback and landscaping issues, were still under consideration today. Geoff Wright, the general manager of Destination Resorts, which manages the Landmark Condominiums, commented that the ownership supports the Association and its efforts to , renovate. The idea to renovate was put on hold in the mid-90's as the Lionshead Redevelopment Master Plan was drafted and approved. The ides became real again for the Association a couple of years ago. Additional proposed for sale units will assist with the costs. He outlined the various aspects of the architecture and plan via a PowerPoint presentation. He finished by stating that the commercial and tower improvements would be part of phase one of a project, and the arrival facility and the overbuild for the townhouses the following year, with a ' total construction phasing of about 24 months. James Ohlson, of Fritzlen Pierce Architects, spoke about the major residential components of the Landmark redevelopment. Materials would be changed, and the roof line will be changed through overhang additions and infill along the top floor. Dormers, shutters, noise dampening measures, an elevator tower fulfilling safety and access concerns, a new lobby and entry drive, improved circulation, and other salient aspects of the application were discussed. Bill Jewitt warned the applicant that commercial ski storage would not be allowed at the first floor ~ of the site. Geoff Wright commented that he was fairfy certain that the Antlers contained some Page 8 ' ski storage on the first floor. He also added that the storage proposed by the Landmark was interior to the building and for owner/guest use only. • Staff clarified with the applicant that this was not "commercial ski storage" as prohibited by the Town Code, but instead ski lockers only for the Landmark guests. - Tyson Davidoff continued the presentation further commenting that very little increase to square footage was being proposed. Dick Cleveland commented that the idea of stone columns terminating in glass did not look feasible or realistic. He did ask how much thought had been paid to the redevelopment at the north of the property. Tyson responded that most of the plans presented today dealt with the south side of the property primarily due to the ambiguity for redevelopment of the North Day Lot. Howard Olson of Alter Construction summarized the applicant's comments by saying that the Association as a whole was in favor of the proposal. The new project was proposed to be code compliant, safe, architecturally compatible, and new. Rollie Kjesbo asked if the applicant woufd be asking for variances to construct near Concert Hall Plaza. The applicant replied that the only variances currently being considered were variances to construct to the property line below grade. Dick Cleveland commented that one elevator seemed inadequate. He also commented that he would like to see some dormers and interest along the north roof line, as it appears from the • highway. Some sense of life above the Townhouses expanse should be considered. The applicant responded that something of this nature would be considered. Jim Lamont, Vail Village Homeowners Association commented that for the first time under review, the project held some merit. He asked about the turnaround in the new lobby area. Was this standard circulation for cars only? He continued to ask questions about the various aspects of the proposed redevelopment. Dick Cleveland commented that he had stated his concerns, aside from some concern about the location af the fire lane. Todd Donze of Fritzlen Pierce commented that certain walkway widths would be required for the development per building code and the zoning regulations. Doug Cahill commented that the guest arrival aspect was well conceived. The loading and delivery area looks like it goes nowhere. He understood that variance requests were still being thought out. The retail aspects look good, but should be considered in light of the Arrabelle development. 10 minutes 10. A request for a final review of a variance, from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to a11ow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 3/Block 5, Vail Vil{age Filing 1, and setting and setting forth details in regard . thereto. (PEC06-0070) Applicant: John R. Lewis and Patricia Lewis, represented by Michael Suman Architect Planner: Elisabeth Reed ACTION: Denied (grant of special privilege) Page 9 MOTION: Cleveland SECOND: Pierce VOTE: 3-1-1 Rollie Kjesbo recused himself due to a conflict of interest. • Elisabeth Reed presented the project according to the memorandum. Mike Suman, the applicant's representative, presented an overview of the proposal. No public comment was added. Bill Pierce noted that he originally designed this building and that the negative spaces were intentionally designed and shouldn't be filled with square footage. He doesn't see a physical hardship that justifies a variance. He noted that a 250 GRFA addition is not a guaranteed right, especially when a variance is needed. Dick Cleveland expressed the same concerns as Bill Pierce. Bill Jewitt will reluctantly agree with the PEC precedent of the previous variance approvals. Doug Cahill noted a concern that the original design and a PEC variance approval is granting continued "creep" into the setbacks. Mike Suman noted that Bill Pierce was on the DRB at the time the other additions were approved, and was trying to preserve the effect of the infill by using glass. He noted other units in the association received the same variance only 18 months ago, but was confused that now the PEC does not support the concept. 10 minutes • 11. A request for final review of variances from Section 12-6H-6, Setbacks, and Section 12-61-1-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 5/131ock 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0071) Applicant: Elliot and Margie Davidoff, represented by Michael Suman Architect ~ Planner: Elisabeth Reed ACTION: Denied (grant of special privilege) MOTION: Cleveland SECOND: Pierce VOTE: 3-1-1 The Commission reviewed this item concurrently with Item 10. 10 minutes 12. A request for a final review of a variance, from Section 12-61-1-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 8/Block 5, Vail Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0072) Applicant: Sue Thurow, represented by Michael Suman Architect Planner: Elisabeth Reed ACTION: Denied (grant of special privilege) MOTION: Cleveland SECOND: Pierce VOTE: 3-1-1 The Commission reviewed this item concurrently with Item 10. 15 minutes • 13. A request for a final review of a conditional use permit, pursuant to section 12-76-5, Permitted and Conditional Uses, Above Second Floor, Vail Town Code, to allow for the operation of a Page 10 "quasi-pubiic" club, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0067) • Applicant: Remonov & Company, Inc. Planner: Warren Campbelt ~ ACTION: Approved MOTION: Kjesbo SECOND: Cleveland VOTE: 5-0-0 ~ , Elisabeth Reed presented the proposal per the Staff memorandum on behalf of Warren Campbell. Rick Mueller, applicant, presented an overview of the proposal. Bob Vannerick, Cordillera Homeowner Association, described the proposal in further detail. Doug Cahill asked if there were any hours of operation. Mr. Vannerick replied that typicafly it will not be used after 9 or 10 at night. There was no public comment. Bill Pierce clarified that the issue is to decide if this is a"quasi-public" club. ; Elisabeth Reed clarified that the Council determined that this use is not commercial ski storage and that it is similar to a cocktail lounge and bar in its operation. i I Bob and Rick clarified how this will be open to the public through the Cordillera Hote( and Spa, Cordillera Golf Course, and Cordillera homeowner's guests. ~ • The Commission felt that the proposal and concept for operation was a better use of the space than previous proposals and better than the space being converted to a dwelling unit. Doug CahiN recommended a text amendment to allow more options for conditional uses on the third floor and above. 30 minutes 14. A request for a final recommendation of a proposed 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 Gien Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parce(s (a more complete (egal description is available at the Community Devefopment Department), and setting forth details in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building Genera! Partnership Planner: Warren Campbell ACTION: Tabled to November 27, 2006 MOTION: Kjesbo SECOND: Pierce VOTE: 5-0-0 Russ Forrest gave a presentation per the staff memorandum. • Tom Braun further outlined the aspects of the proposed plan that were different than had been previously seen by the Planning and Environmental Commission. He commented that there would be several benefits to allowing the Frontage Road to move in several different phases. Much emphasis was being placed on the prospective life and feel of the new portal area. He Page 11 outlined the various aspects of the Lionshead Redevelopment Master Plan which addressed em lo ee housin ch would replace the housin9 from the Sunbird Lod9e. Specific sites P Y 9 units whi were delineated within the plan. He addressed the parking needs and felt the proposed . development of West Lionshead would satisfy the requirements. Utility availability and needs had been discussed as well, he commented. If the redevelopment plans were to continue, the Planning and Environmental Commission could evaluate such plans at the appropriate time. The proposed amendments could truly be a gift to existing landowners in this area, he finished. Jay Peterson added that David Viele, representing the Glen Lyon Office Building, was in favor of the project. He said that David's only interest was to be kept appraised of the plans for the area. Jim Lamont asked if the Interstate had always been included in the study area. Tom Braun answered in the affirmative. Russ added that it should be acknowledged that the Simba Run area was included in the study area as well. Dick Cleveland asked about p. 17, paragraph C, 2"d line...this should read "above" instead of "abouY". He clarified that he would not vote for the amendment as long as the Glen Lyon Office Building (GLOB) was included. He felt that the LRMP was only intended to satisfy future development for aging infrastructure. He did not feel that Cascade Crossing and the Vail Professional Building were aging pieces of infrastructure. He did not think that Tract K should be included as well. Because of the lift across the street and the potential for realignment of the Frontage Road, the other two buildings (aside from GLOB) could be appropriately redeveloped. Jay Peterson commented that Tract K could be removed, but it was asked by Staff to add Tract K into the area. Tom Braun asked why Dick felt so strongly about the inclusion of Glen Lyon. Dick commented • that it was a very narrow parcel and redevelopment could expand the area all the way into Cascade. There is no need to continue the development "creep". Russ Forrest responded that there was originally an approval for a brewery, then a subsequent approval for offices, etc, on the GLOB site since his time at the Town began. Jay Peterson commented that an additional road would have to be directed to the GLOB if it was not included in the study area. Bill Jewitt commented that a Simba Run connection should be "encouraged" vs. "not precluded". On page 18, Bill added that the goal to have people skiing into West Lionshead ("access routes") should not be encouraged. Lionshead businesses would likely be opposed if skiers were to end up in West Lionshead. Regarding the criteria on page 22, Bill felt that the items of "mediocre architectural character," etc., did not apply to the areas being considered for inclusion/redevelopment. He'd like to keep "the line" at Sandstone Creek. Rollie Kjesbo asked if the area was rezoned to LMU-1, what was being gained? Tom Braun commented that 2 acres would be added. He did not wish to see a new Arrabelle constructed at the Cascade site. He thought that the parameters of LMU-1 were too broad for the proposed redevelopment site. A re-zoning or the creation of an SDD may be a better way to address the desires. Jay Peterson asked if anyone had a problem with the lift coming into the area, thereby allowing an additional access point to the mountain. • Page 12 ~ , ~ The overall concern was that too much mass might end up existing in the area if the area was rezoned to LMU-1. Tom Braun commented that language already existed which required step • downs to the Creek, and other sensitive areas. Bill Pierce didn't agree with his fellow Commissioners regarding the GLOB. He thought that if it was not included, it would remain one random parcel. He remembered reviewing, at some point, another building for that site. He wished to understand the true benefits of re-zoning the property. He thought that some public benefits should be required. Rollie Kjesbo countered that if a re-zoning occurred, only a use-by-right scenario would exist and the developments would proceed carte blanche. Bill Jewitt thought the better avenue was to not include these areas in the LRMP area. Tom Braun commented that substantial controversy already existed between the Master Plan and the related zoning regulations for this area. Bill Pierce continued to say that he would like to see specific language addressing Sandstone Creek. He thought it should be used as a true benefit to the area. It was verified that similar text was already included. Bill added that the way existing buildings edge Gore Creek is generally pretty awful. He felt that a firm commitment should be made to put service yard uses underground and out of sight. Regarding the parking garage, the space outside of it should be developed. Something could be built around it (i.e. Denver Art Museum). Doug Cahill added that lift access would be an amenity in this area. This should help Vail Resorts to meet its goals. He thought that ski access back to the area should be allowed as well. Lionshead should be doing fine by then. Overall, he was in favor of the changes to the • Master Plan. He wanted to make sure that the language specifying "tapering the buildings down" should be emphasized in the proposed amendments. Russ Forrest verified that some language could be added which continued the "taper" to Gore Creek. Jay Peterson asked that GLOB be included in the plan. Ownership could then be put into one set of hands and property lines could be realigned. If a proposed project were stepped back, after that realignment, the buildings could be placed farther from the Creek and more appropriate address of the Creek could occur at that time through new construction than exists today. The benefit of keeping that parcel in was substantial as long as protections could be drafted for the Town according to its concerns. Russ Forrest added that much debate had occurred over this issue. The original thought was to extend the mass to the west to extend commercial spaces. Jay Peterson answered that, as far as concealing uses goes, that was underway and absolute. Bill Jewitt commented that the Gore Creek Residences were kept at a meager height to allow for bigger buildings at the rear. . Jay Peterson stated that no variances were asked in that case. Doug Cahill outlined the section of the memo which addressed height, scale, and • responsiveness of such. 10 minutes Page 13 , , 15. Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SDD No. 4, Cascade Village, pursuant to Section 12-9A-10, , Amendment Procedures, Vail Town Code, to allow for modifications to the approved building • ~I Plans for the Vail Cascade Residences (Cascade movie theaters and Colorado Mountain College), located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard , thereto. (PEC06-0075) I Applicant: Vail Cascade Residences, LLC, represented by Mauriello Planning Group Planner: Warren Campbell ACTION: Upheld Staff's approval MOTION: Jewitt SECOND: Kjesbo VOTE: 5-0-0 ' 16. A request for a recommendation to the Vail Town Council of an amendment to the Town of Vail Streetscape Master plan, pursuant to Chapter 1, Master Plan Process, to relocate Checkpoint Charlie, and setting forth details in regard thereto. (PEC06-0078) Applicant: Town of Vail, represented by Greg Hall Planner: George Ruther ACTION: Table to November 27, 2006 MOTION: Kjesbo SECOND: Jewitt VOTE: 5-0-0 17. Approval of October 23, 2006 minutes MOTION: Jewitt SECOND: Kjesbo VOTE: 5-0-0 18. Information Update 19. Adjournment MOTION: Jewitt SECOND: Kjesbo VOTE: 5-0-0 • I 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 Fronta9e 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 November 10, 2006, in the Vail Daily. • Page 14 l • MEMORANDUM TO: Planning and Environmenta{ Commission FROM: Department of Community Development DATE: November 13, 2006 SUBJECT: A request for a final review of a conditional use permit, pursuant to Section 12- 9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC06-0068) Applicant: Town of Vail, on behalf of All Mountain Sports, LLC Planner: Bill Gibson 1. SUMMARY The applicant, Town of Vail, on behalf of All Mountain Sports, LLC, is requesting a final review of a proposed conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1. As this is a worksession, the Community Development Department recommends the Pianning and Environmental Commission • provides direction to Staff and the applicant concerning the proposed conditional use permit. As a worksession, the Commission will not be making a binding decision at this time and the comments from this hearing will be re-evaluated at the Commission's November 13, 2006, public hearing. II. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, on behalf of All Mountain Sports, LLC, is proposing a ski storage facility at the Lionshead Parking Structure. All Mountain Sports is proposing to offer ski, snowboard, and boot storage, a ski gear valet service, gear shipping service, and a limited sale of basic retail items. Skis and snowboards will be stored in an existing closet underneath the parking structure's west staircase. Transactions with customers and boot storage will occur on the west end of the Lionshead Parking Structure's first floor adjacent to the Subway restaurant. This approximatefy 200 sq. ft. area currently functions as an entry lobby that is currently occupied by a seating bench, boot lockers, and video games. The applicant's description of this request has been attached for reference (see Attachment B). A vicinity map (Attachment A), the applicant's request (Attachment B), and architectural plans and photographs (Attachment C) have been attached for reference. III. BACKGROUND The applicant is proposing to store skis, snowboards, etc. in an existing space below the . parking structure staircase that is currentfy used for storage. The proposed retail functions of the ski storage use are proposed in an under-utilized lobby area adjacent to 1 . . II the west of the Subway restaurant. A seating bench, ski boot lockers, and arcade ~ ~ games currently occupy this space. The Lionshead Parking Structure is currently located within the General Use District and I and a"ski and bike storage facility" is aliowed as a conditional use when accessory to a parkin9 structure. However, the ma1'ori tY of surroundin9 properties are in the Lionshead ' Mixed Use 1 District which prohibits "commercial ski storage" on the first floor or ground level. This application proposes a ski storage use within close proximity to the LMU1 District and the major pedestrian way along East Lionshead Circle. Should the Commission choose to approve this application at a future hearing, Staff recommends the Commission make findings supporting the appropriateness of this ski storage use on the first floor of the Lionshead Parking Structure and not on the first floor of the , neighboring properties. At its October 23, 2006, public hearing, the Planning and Environmental Commission held a worksession to discuss this proposed conditional use permit. The Commission was generally supportive of the proposal and recommended that the expiration of the permit correspond to the lease agreement between the applicant and the Town, rather than corresponding to the end of the ski season or the possible rezoning of the property. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code ARTICLE 12-9G: GENERAL USE (in part) • 12-9C-1: PURPOSE: The general use drstrict is intended to provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescrrbed for each particular development proposal or project . are necessary to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to ' harmonize with surrounding uses, and, in the case of buildings and other ! structures, to ensure adequate light, air, open spaces, and other amenities I appropriate to the permitted types of uses. j 12-9C-3: CONDI TIONAL USES: B. Proximity To Parking Required: The fo/lowing conditional uses shall be permitted in accordance with the issuance of a conditional use permit, provided such use is accessory to a parking structure: Offices. Restaurants. Ski and bike sforage facilifies. Sundries shops. Tourist/guest service related facilities. • Transit/shuttle services. 2 • Lionshead Redevelopment Master Plan CHAPTER 5, DETAILED PLAN RECOMMENDATIONS South Face of the Lionshead Parking Structure The linear strip of land on the south face of the Lionshead parking structure (see figure 5-1) should be considered for the development of retail and office saace on the pround level and housing for locals on the upper levels (see figure 6-6). The planning objectives of this potential development are threefold. First, if would energize and visually upgrade East Lionshead Circle by enhancing pedestrian activity on the street. Second, it creates ihe potential for a locally accessible retail environment. The Town of Vail should consider retaining ownership of the ground level retail/office space and making it available to local entrepreneurs and businesses, much in the same way that deed restricted locals housing is provided in the Vai! Commons. Finally, fhis site presents an opportunify to locafe locals/ employee housing conveniently adjacent to the Lionshead pedesfrian core. Retail back doors and entrances to the residential units in the new development will be accessed from the parking structure, and any private parking associated with these uses will be in the parking structure. Some of the building's service and delivery needs may handled interior to the parking structure, but most will be accommodated in the facility proposed on the west end of the parking structure. East Lionshead Circle would only be used in short-term overflow situations. • Because of the narrow depth and small square footage of the commercial space, it is not anticipated fhaf it will generate the need for larger delivery trucks. Because the garage is a non-mechanical self-ventilating structure, any new vertical development must be offset a minimum of ten feet from the face of the existing structure. The effect of adjacent development on the ventilation of the parking structure must be thoroughly evaluated. V. ZONING ANALYSIS Address: 395 East Lionshead Circle Legal Description: Lot 1, Block 2, Vail Lionshead Filing 1 Zoning: General Use Land Use Plan Designation: Lionshead Redevelopment Master Plan Current Land Use: Parking Structure and Accessory Conditional Uses There is no change proposed to the existing lot area/site dimensions, setbacks, building height, density control, site coverage, or landscaping area development standards. The parking standards for any conditional use within the General Use District shall be , determined by the Planning and Environmental Commission. At this time the applicant is proposing no additional parking for this proposed ski storage facility use based upon the following: • the proposed ski and snowboard storage will be located within an existing • storage closet I ' I 3 • the proposed customer service counter will be located within an existing lobby • that includes existing storage lockers • the use is accessory to skier parking at the Lionshead Parking Structure and is not a destination retail use • there is no practical option available to add new parking spaces to the existing parking structure VI. SURROUNDING LAND USES AND ZONING Current Land Uses Zonina North: South Frontage Road/I-70 Unzoned South: Mixed Use Lionshead Mixed Use 1 East: Residential High Density Multiple Family 1Nest: Mixed Use Lionshead Mixed Use 1 VII. 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. The ski and bike storage facilities are allowed as conditional uses within the • General Use District when such a use is accessory to a parking structure. This proposed ski storage facility is accessory to the existing Lionshead Parking Structure. This proposed ski storage facility is also consistent with the Lionshead Redevelopment Master Plan recommendation for the parking structure that: the south face of the Lionshead parking structure should be considered for the development of retail and office space on the ground level... " in so much as it adds an additional commercial use to this existing portion of the parking structure. While the General Use Districts allows ski storage in its proposed location, a future re-zoning of the Lionshead Parking Structure to the Lionshead Mixed Use 1 District would prohibit commercial ski storage on the first floor or ground leve( of the structure. Should the Commission choose to approve this request at a future meeting, the Staff will be recommending conditions of approval limiting the duration of this proposed use. 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. This proposal makes no exterior modification to the Lionshead Parking Structure that would affect light or air, does not affect the distribution of population. The ski storage use is proposed in an under-utilized portion of the Lionshead Parking Structure; and Staff does not believe this proposal will have significant negative effect upon the Town's transportation facilities, ~ utilities, schools, parks and recreation facilities, and other public facilities needs. 4 ! • 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 does not believe this proposal will have a significant negative effect upon congestion, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas in corriparison to the existing conditions. Staff believes the valet service associated with this proposal may improve automotive and pedestrian safety and convenience in comparison to existing conditions. 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. There are no exterior alterations proposed with this application; therefore, Staff does not believe this proposal will have a significant negative effect upon this criterion in comparison to the existing conditions. - VIII. 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 Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Commission choose to approve this application, the Community Development Department recommends the Commission makes the following findings: 1. 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 General Use Zone 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. 3. That the proposed use would comply with each of the applicable provisions of the condirional use permit section of the zoning code. , Should the Planning and Environmental Commission choose to approve this application, , the Community Development Department recommends the following conditions of approval: • 5 J . 1. This conditional use permit approval shall expire and become void upon • expiration or terminatron of the lease agreement between the applicant and the Town of Vail. 2. The hours of operation for this ski storage facility shall occur no earlier than 6:DOAM and no lafer than 10:DOPM daily. 3. The applicant must obtain Town of Vail design review approval for any exterior signage and/or lighting for this ski storage facility. IX. ATTACHMENTS I A. Vicinity Map B. Applicant's request C. Architectural Plans and Photographs • • 6 ~ ' `~t ~ Attachment: A , . . , , - , 'M1 4 , ~ y ~ ~ . . ' & A ~e ~ • . . ~ .}~j/. 3 . ~ ~ ~ ~ -~tiww3~„r' ; ! i ~ ~ ; ~ ~ , ~ , x~ 44W-~ r i o ~wo~~~ ~ yy~11r ~ ?'l R~n~" y~~l. AW M O I » +w ~ ~ ~ , _ i ~ M1 N? " k' . . O e ~ ~ ~ 4) `ww ~ ~ ~ A1~ g ! r I ~ r.w. ~ ,~i' I w . ~ ~ ~ . ~ - ~ M ~ ;4kW . r . ~ V • > M W N c ' ANPOI ~ cn ; O -o ~'r*~`~~}~I ~ ~ . ~ ^ . ly9 i... k~. ? . ~w r, a ~.i ~ ~ +4 1 ,b AW ~ '~1 . I ~ s a~ 9 * 'b:. + ~ . ~ Af . , r y . , ' . ~...e.m . F ~ . ~ ' ~ .:<:r~r.""`.•~,..r~^~-...^"' . ~ ~ r I{}d i ~ ~ ~ ~~5~ f~ {~x~•,~Y Attachment: B ~ Proposal for Ski Storage In The Lionshead Parking Structure By: Philip Horsman All Mountain Sports, LLC PO Box 18489 Avon, CO 81620 970-944-9248 ~ 9/18l2006 • • Foreword All Mountain Sports has been part of the ski business in the Vail Valley for ten years providing exceptional customer service. We are committed to making our customers' ski experience the best it can be. We at All Mountain Sports believe in order to gain and maintain customer base in the ski resort environment there needs to be a constant search for ways to meet or exceed customer expectations, not only in infrastructure such as "Vail's New Dawn", but in service as well. With other vacation destinations vying for the same customer we need to make skiing and snowboarding as user friendly and fun as possible. Guests to destinations like Vail want, and expect, convenience. Without it guests will look to other all-inclusive vacation destinations that offer more perceived value. This is I plain to see with SKI Magazine readers' pick of Deer Valley as the #1 Resort in North America last year. It was exceptional service that got them that ranking. One of the biggest hassles of a family ski trip is dealing with equipment, from carting it • through airports, to standing in line to rent, to getting to and from the mountain. This is especialiy true for guests coming to Vail. We see it every day with families struggling to access the mountain from the parking garages and bus stops. We would like to offer a service of storing and transporting equipment for guests like you would find in Deer Valley in Utah or The Yellowstone Club in Wyoming. . • Proposal We propose to offer ski, snowboard, and boot storage in the Lionshead Parking Structure on the west side of the first level next to Subway. Rates will be comparable to other storage facilities in Vail. In addition to providing storage of equipment we will also offer valet service to and from the end of the Lionshead Mall using hand trucks designed to carry skis and snowboards. Boot storage will be inside on specially designed drying racks. We will have a small counter for the point of sale computer. At night security will be provided by enclosing the racks and counter with a roll down gate. Ski and snowboard storage will be provided in a facility just inside the entrance to the first level of the parking garage as discussed with Mike Rose of the TOV. Valet service will consist of our staff carting equipment for guests from the facility to the slopes in the morning and from the slopes back to the facility in the afternoon. Equipment will be tracked via bar coded claim checks with the guests' name, local ~ accommodations, and home phones numbers. The computer software we will use for the ' point of sale is ski storage specific. In the event of a guest losing a claim check we will still be able to track equipment by the bar coded sticker on the equipment. Other services offered: shipping equipment to the guests' home address; basic retail items. Thank you for your consideration of this much-needed service. Sincerely, Philip Horsman Owner All Mountain Sports, LLC ~ • ~ ~ I Oct er 1 200 ~ ob 3, 6 Bill Gibson, AICP Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Further explanation of proposed ski storage faciliy Dear Bill, Thank you for your letter dated October 11, 2006 requesting more information regarding my proposai. . 2. Proposed floor area - approximately 120 spare feet at the west end of the same space that Subway currentIy occupies. 2. Hours of operation - 7:30a.m. to 6:00p.m. daily. 3. Duration of season - Nov. 17, 2006 to April 22, 2007. 4. Number of skis and snowboards to be stored - 100 pair skis/boards and boots. 5. Storage ana valet ftznctions - Daily Storage - When a guest first stores their equipment we will put bar code stickers on their equipment and it will be assigned to a numbered s1ot. At that ttme they will put a credit card with their account and • every time they drop their equipment it will be scanned in with a time stamp, automatically adjusting their account. On their last day they can close out the account as an individual or a group. When a guest picks up their boots at the counter in ihe morning the ski storage staff will be notif ed to pull the associated skis or board from the corresponding rack number. One (or more) of our staff will run loops in the mornings from 8:00a.m. to 10:30a.m, to cart skis and boards to the lifts, and then again in the afternoon from 2:00p.m. to 4:30p.m. Valet carts wiil be stored in the same room as the skis and boards. At this time we are not going to provide seasonal storage as there are cunently options for those people. 6. Retail component - We will offer accessories such as gloves, goggles, hats, sunscreen, hand warmers, and toe warmers. Thank you for your consideration. .1- Philip Horsman All Mountain Sports • pttachment: C ,v„`~M` rt~~'c~'"'F ) S ja, c ~ _ ' Y~'- , i i ; , •-i;,+.. e - ~ - ~ ? ~ ! ' i ~ o~C~.°~ ~ s ~ ~ ~i . ~i 0 b '1 LL ~ f < u ~ r•- ~J`~~ AY 1 ~ 2 .t{ 1 'f. {1 ~ ~r i1,, i~ , ~ °7 ~~u ' 1~ -~.=,i~~-•~-n~ ~,~f ~ ~ ~ . 7t 11 t3~ i 41 ~ l g y ~1 11 _ t ~ I A; _ - i ~ _ - - _ i 41 ~ y y'~= i5 ~ , ~ , : _ ~ . . ~yl, ~ .,}//J 1// i / , .~«w> - _ . ~ 1- ._y, ~ _ . . ~ a c ~ ~ . . ' 1Mf F+or Ts *7~ „i~, ~~c:+iF~,~~k~'P'A' ~M1 tpT,' f~as:',("~'u5r ~~7~~a ~°~r ~5 y~?''~~•. c. ~ t" s y:~ ~m, t ~ ~ 5 ro a t.'c~ r•'~...3~ s 1 i .".via,,N'~r„~ ° ~ ~ I' +l`; ~ ' t ~N + LL Of J J ~ . o zcn • °i i ~v °:.cz> , . i F . i . 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MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2006 SUBJECT: A request for a final review of a variance, from Section 12-6D-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-7, Variances, Vail Town Code, to allow for a residential addition located at 2339 Chamonix Lane/Lot 11, Block A, Vail Das Schone Filing 1, and setting forth details in regard thereto. Applicant: Robert Stephanoff Planner: Bill Gibson 1. SUMMARY . The applicant, Robert Stephanoff is requesting a variance from Section 12-6D-9, Site Coverage, Vail Town Code, to allow for a residential addition, located at 2339 Chamonix Lane. This same variance was originally approved on November 22, 2004 and is set to expire on November 22, 2006 (i.e. Friday of • next week). Based upon Staff's review of the criteria in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval of this variance request subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant is proposing a renovation to an existing single-family residence with a one-car garage, originally constructed in 1979, located at 2339 Chamonix Lane. A vicinity map has been attached for reference (Attachment A). The existing lot is non-conforming in regard to the Town's minimum lot size standards and the structure is non-conforming in regard to the Town's engineering standards for driveways. This existing house has 760 sq.ft. of gross residential floor area (4,159 sq.ft. allowed), 490 sq.ft. of garage (600 sq.ft. allowed) which create 1,290 sq.ft. of site coverage (1,808 sq.ft. allowed), and includes a two-car garage. The proposed renovation includes a new driveway, two-car garage addition, enclosed entryway addition, dining/living room addition, and an upper level expansion (master bedroom, bedroom 2, bath 2, and office). This proposal will involve lowering the front one-third of the existing building by converting the existing garage into crawlspace and an enclosed entry. A new two-car garage will then be attached to the front of the existing structure. Additions to the upper level of the structure are also proposed. The proposed renovation will create a total of 3,019 sq.ft. of GFRA (4,159 sq.ft. allowed), 540 sq.ft. of garage area (600 • sq.ft. allowed), and 2,071 sq.ft. of site coverage (1,808 sq.ft. allowed). The 1 applicant's request and proposed architectural plans have been attached for • reference (Attachments B and C). The provisions of Section 12-17, Variance, Vail Town Code, determine the review criteria and review procedures for a variance request. III. BACKGROUND The existing residence located at 2339 Chamonix Lane was originally constructed in 1979 under Eagle County jurisdiction and today is legally non- conforming in regard to the Town's minimum lot size standards and the structure is non-conforming in regard to the Town's engineering standards for driveways. This same site coverage variance request was originally reviewed by the Planning and Environmental Commission at its November 22, 2004 public hearing. At that time, Staff recommended approval of the site coverage variance to facilitate the construction of a garage on the site; however, Staff recommended denial of the site coverage variance to facilitate the construction of the gross residential floor area (GRFA) portions of the addition. At its November 22, 2004 public hearing, the Commission approval the site coverage variance request as submitted by the applicant. The Commission found that this request was comparable to other site coverage variances previously approved by the Town and that approval of this request would not create a precedent. The Commission found that approval of this and similar • variances provided flexibility and incentives for redevelopment of existing properties that are difficult to renovate. The Commission found that approving this request as proposed created a more attractive design than could be achieved by making minor reductions to the amount of site coverage being requested. The Commission found that the site coverage variance being requested was for a garage and small cantilevered elements. The Commission also found that while this request allows for a deviation from the allowable site coverage numbers, it does meet the intent of the site coverage regulations. To date, the applicant has not begun construction of the renovations to 2339 Chamonix Lane associated with the November 22, 2004 variance approval. Pursuant to Section 12-17-7, Vail Town Code "Approval of the variance shall lapse and become void if a building permif is not obtained and construction not commenced and diligently pursued toward completion within two (2) years from when the approval becomes final." Therefore, the applicant's November 22, 2004 will expire on November 22, 2006 (i.e. next Friday). The applicant still intends to construct the proposed renovations, so the applicant has re-submitted this variance request for the Planning and Environmental Commission's consideration. IV. 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 2 • Chapter 12-6D: Two-Family Primary/Secondary Residential (P/S) District 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. Chapter 12-17: Variances 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 granfing a variance. • 12-17-7: Permit Approval and Effect: Approval of the variance shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion within two (2) years from when the approval becomes final. V. SITE ANALYSIS Address: 2339 Chamonix Lane Legal Description: Lot 11, Block A, Vail das Schone 1 S' Filing Zoning: Two-Family Primary/Secondary Residential Land Use Plan Designation: Medium Density Residential Current Land Use: Residential Lot Area: 9,042 sq. ft. (0.21 acres) Hazards: Medium Severity Rockfall Development Standard Allowed/Required Proposed Setbacks: Front: 20' 25' ' • West Side: 15' 15' East Side: 15' 19' Rear: 15' 18' Density: 1 units + 1 Type I EHU 1 unit GRFA: 4,159 sq. ft. 3,277 sq. ft. Site Coverage: 1,808 sq. ft. (20%) 2,071 sq. ft. (23%) Landscape Area: 5,425 sq. ft. (60%) 6,328 sq. ft. (70%) • Parking: 3 spaces 3 spaces (2 enclosed) 3 Vi. SURROUNDING LAND USES AND ZONING • Current Land Use Zonin North: Residential Two-Family Primary/Secondary Residential South: Residential Two-Family Primary/Secondary Residential East: Residential Two-Family Primary/Secondary Residential West: Residential Two-Family Primary/Secondary Residential VII. 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 Reaardinq the Setback Variances: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. At its November 22, 2004 public hearing, the Commission found that this request was comparable to other site coverage variances previously approved by the Town and that approval of this request would not create a precedent. The Commission found that approval of this and similar variances provided flexibility and incentives for redevelopment of existing properties that are difficult • to renovate. The Commission found that approving this request as proposed created a more attractive design than could be achieved by making minor reductions to the amount of site coverage being requested. The Commission found that the site coverage variance being requested was for a garage and small cantilevered elements. The Commission also found that while this request allows for a deviation from the allowable site coverage numbers, it does meet the intent of the site coverage regulations. Staff does not believe the proposed site coverage variance will have a significant negative impact on this criterion in comparison to existing conditions. 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. At its November 22, 2004 public hearing, the Commission found that this request was comparable to other site coverage variances previously approved by the Town and that approval of this request would not create a precedent. The Commission found that approval of this and similar variances provided flexibility and • incentives for redevelopment of existing properties that are difficult to renovate. The Commission found that approving this request 4 • as proposed created a more attractive design than could be achieved by making minor reductions to the amount of site coverage being requested. The Commission found that the site coverage variance being requested was for a garage and small cantilevered elements. The Commission also found that while this request allows for a deviation from the allowable site coverage numbers, it does meet the intent of the site coverage regulations. Therefore, Staff does not believe the proposed site coverage variance will have a significant negative impact on this criterion in comparison to existing conditions. 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 the proposed site coverage variance will have a significant negative impact on this criterion in comparison to existing conditions. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. At its November 22, 2004 public hearing, the Commission found • that this request was comparable to other site coverage variances previously approved by the Town and that approval of this request would not create a precedent. The Commission found that approval of this and similar variances provided flexibility and incentives for redevelopment of existing properties that are difficult to renovate. The Commission found that approving this request as proposed created a more attractive design than could be achieved by making minor reductions to the amount of site coverage being requested. The Commission found that the site coverage variance being requested was for a garage and small cantilevered elements. The Commission also found that while this request allows for a deviation from the allowable site coverage numbers, it does meet the intent of the site coverage regulations. B. The Planninq and Environmental Commission shall make the followinq findinqs before qrantina 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: 5 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. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval of the variance request from Section 12-6D-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-7, Variances, Vail Town Code, to allow for a residential addition located at 2339 Chamonix Lane/Lot 11, Bloek A, Vail Das Schone Filing 1. Staff's 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 request; the Community Development Department recommends the Commission make the following findings: • 1. That the granting of the variance will not constitute a granting 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. 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. 4. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privi/eges enjoyed by the owners of other properties in the same district. IX. ATTACHMENTS A. Vicinity Map B. Applicant's Statement C. Architectural Plans D. Architectural Plan highlighted to show proposed site coverage E. Planning and Environmental Commission 11/22/04 public hearing results • F. Public Hearing Notice 6 • 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. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval of the variance request from Section 12-6D-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-7, Variances, Vail Town Code, to allow for a residential addition located at 2339 Chamonix Lane/Lot 11, Block A, Vail Das Schone Filing 1. Staff's 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 request; the Community Development Department recommends the Commission make the • following findings: 1. That the granting of the variance will not constitute a granting 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. The strict literal interpretation or enforcement of the specified regulation would result in practical difficu/ty or unnecessary physical hardship inconsistent with the objectives of this title. 4. 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. ATTACHMENTS A. Vicinity Map B. Applicant's Statement C. Architectural Plans D. Architectural Plan highlighted to show proposed site coverage • E. Planning and Environmental Commission 11/22/04 public hearing results G ~ jp Attachment: A ~ dPl 401 t7~'~ ~ . ~ ~ r' w ~ , , i~~'~ ~ • x~:. „t ~ G" C,, ~ ~ 4 4 * `R`` +~..w. • A 1 (b ~ ~ t'~ _ , 6 ! . ii r ~ _~r~ ~ y~.d Y : 1~ ~ a •.'V~4" > ~ "Y~i~y . . y,~,..W'I"` . 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E~~~ ~~k p r•' ya, a~ o. 1.,~~ a ,y~ r M ~ %+w'~, . . $ 'i . c .I" M~1 . fe f ~ A~:. yp t"~~•`"~u~~r5'.{i:' a ` ' % ~ ~ L 1 .f1 k s1 ~ t r..l ' ~ t ~ • ~y ~h r~ "!a =~e7,.p.. °'~'r' ~y 4~ Mp!` ~ y, ~ a ~ T p 1r1 y'i~~ 4 k {y~i 4 7 Sn . { p • ~ ..•t'P ~ . ~ . rd ra .i",~ wa a^{"' e"'7`Ti ~ . ~ , Ft i ` ~ ? . ~ ~ :.r br ~ ; 4 . ~ ~ ~ h: ~ti~ ~ ~ ~ ,r~ t ' : i ~ 1 , ' , . .r . . ' ~ ~Ir , As & e,~ r M .k~%. 5 • a . M .~.y ~s" } ~ - . ~ . Attachment: B i . . Description of the Variance requested for the Stephanoff Residence The request is for a variance from the 20% site coverage maximum in the 2 Family Primary/Secondary zone district. This is a non-conforming lot. The square footage is 9,041.73. The minimum Square footage in the zone district is 15,000 square feet. The current gravel drive is in excess of 16%. The most practical way to resolve the driveway issue is to build a garage in front of the existing structure at an elevation set for an appropriate driveway slope. The resultant garage slab would be ?Q feet below the existing lower level. We have proposed this garage and a heated entry that will connect the home to the new garage. The new construction will resolve the driveway issue and will comply with all other zoning restrictions but, due to the smal! !ot size, will exceed the 1,808 maximum square footage by 262 square feet. The existing nonconforming drive/garage and the . non-conforming site create a significant practical difficulty. The strict interpretation of the site coverage regulation would permit only 518 additional square feet, which is not sufficient to provide a required two-car garage and an entry. The proposed site coverage of 2,071 is significantly under the 3,000 • square feet of site coverage of a conforming minimal lot in this zone district. This variance will have no impact on the other existing or potential uses and structures in the area. By granting this variance this home can be brought into greater compliance with the neighborhood particularly in regards to its street frontage. There will be no effect on the light, air, distribution af populafiion, transportation, traffic facilities, utilities or public safety. This request complies with the intent of the Town of Vail planning policies and development objectives by upgrading a rundown home and bringing a nonconforming project into much greater (although not complete) campliance. ~ iZl<D Architects, Inc. Design and Construction 137 Main Street Suite G004 • P,O. Box 5055 - Edwards, Colorado 81632 •(970) 926-2622 •(970) 926-9822 fax www.rl<darch.com Attachment: C ,,~~s' • f~ ~gr ~a~ I / ~ ~0zt'•~ / z = ~ > z \ I \ ` L ~a~ ~ i~ h `'\a~ ? > t~n ~ ''s,~. \ < ~ ~ ' ' 's\ ~ e 9@`: ~ z~. . ~ F~ ~ ° 7r 4 p I _ R5t • ~ ~ I ~ E r : ~ \ . t ~ ~°a ~ • ' ti _ 3 M9 U 7~ n t I \ ~91p. \ \ F SE e < / ~ I I ~ l a-•,-:-.-L~..' _ I { t ' ~ ~ I ~ GflADING PLAN i co i a • - A E t _ , _ nlntcr Monntain I 5 ' • .O~ tt. Bl(KK A. ~ , , . A N[SUa01N510M1 DF ~Ml OAS SCNONE fILING c. , _ M Eng~ntenngua ~ I 3 i' TOWN Of VAIL, CAaE COUNTY. COLOAAJO S-• - ~ O I , J u ;Ln 0o s~ ~ vCI) - ~ e 0`€ j~ . F .w". -i l,'\~Z~i( ~ I 6 c tl i1.f~~ ~ i ~ ~ ~ ~ . .r ~ vs>C ~a•~,.~~ i ~ -~1 ~ ~~Q~ Ds i , ~ • \ ~ ~ < D \ O N \ V ~ O ~ \ 2 m - I ~ ° Z / \ i'• ,,.~E ~ ~'a \ i~4'• E In , ~ \ ~ , ~ , ~1 II ,k + ~ ' • f~ 1 1 ~~~5\ ,I\ \ o t~~ bN;~ I 1 . Z I I ' ~ q p ~ o ~ ~ ~ ~ ~ ~ s w a- n . ~ I . ~ ~o~ STEPHANOFF RESIDENCE :3~~ ° 2339 CHAMONIX LANE ti??~ a o~ ~ h y~bx ' VAIL, COLORADO N Ii LOT 11. BLOCK A. FESV9DIVISI11 OF VAIL DAS SCHONE FILING NO. 1 E, : !i'X~`•?.,,Y,.v..-.1'.. I ~ • i I~! ~ - ~ ' - ¢ I r--- i 9I~ ~ ~ ~ i II ~ I f ~ I ~ \ / f-_- - g I r i ~ < m 5 1 ~ ~ rm- m I I~ \ - I I~ ~ ----1--~~ ~o i ~ i ~ 1 Ec = I • - Nr I - ' = I ~ S ~ m I ~ ~ I 1 1l ` __~9 1 SLl I ~ +1 I I ' I I ~ `.U! 1~ I ~ I 1 ~ ~ I ~ 1 ~ l; v I g ~ ~ I ? 1 I . - I i i i i ~--------------------------j I ~ ~ STEPHANOFF RESIDENCE 2339 CHAMONtX LANE ' ' VAIL, COLORADO LOT t1. 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J f Yr ~ V 1 Z~r r 1 j "g iqP `w~t-r , M t ~ ,~I'~N•` } ~'L~ 1:;:~ ~ ~ I ~~~i :,:::wa ~ ~r~.-.....~~. exA .FP , ) L u' i r t ' j 1 1 .i j ar r/ *a. t, t . . ~ J S I J.. , YiYa r,p Y ~ ^'i~ ~ b"' y ' , , ~ ~ X' il 9__- }~'1 i . .$i ~i - -1 ,x ~ _ ^~n~~ . ~ y ~ ! 4 On, ~ , ~ .....a~.!~"'S""%,. ~~r - ~-r.~5, R;;< . . . . . r++W ~ w ~ , y r., . ; ~ n IN It` . ~i''r~, +~g ~r • ~ ~ . ~ j i •,.,,~>.a»~.,-^~, , ~ A ' ~ ~ ~ \ , ';~i ~ ? Y k R~A~ h 4I 9, t X ~ ~ / • . ~w"w"'.'w.~~~"'y"'~.,~~ •-w.... r_ ~~0^ ~ . w.~14.Aae~.,~yjn.w;N, ,ya" , .t~~r ~ , r~~~'e~'~ ~~{eyq .;~n a.rw 'y,;'n`ur,. ^I3 ) f ` i ~.•J 3 ~ !~J i, ~ > ' ' 'ri,%'~ry tx-. Y ~ ' .w~+Ns' Wh. , f t S ~ - , MUY:. ? . ~ Attar'h0"eot. D ~ , ~ t + •;l~ 1 It ~ ~ t ~ ~ ~1 Z i ~ I 1 ~ i ' t kk t - ~ t ~ ~ ~ ~o• ~ ' ~ 1 \ 7 1 L • A ' r..--- { ~1 ~1~ i ~ I 'r ~ ~ I ~I I~ ~ Attachment: E / PLANNING AND ENVIRONMENTAL COMMISSION • PUBLIC MEETING 1~~NOFGMonday, November 22, 2004 PROJECT ORIENTATION - Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT MEMBERS ABSENT Doug Cahill Chas Bernhardt George Lamb RoAie Kjesbo David Viele Anne Gunion Bili Jewitt Site Visits: 1. One Willow Bridge-100 Willow Bridge Road Driver: George NOTE: If the PEC hearing extends until 6:00p.m., the Commission may break for dinner from 6:00- 6:30p.m. • Public Hearing-Town Council Chambers 2:00 pm 1. A request for final review of a major exterior alteration, pursuant to Section 12-7A-2, Exterior Alterations or Modifications, Vail Town Code, and a variance from Section 12-7A-7, Height, Vail Town Code, to allow for revisions to the previously approved development plan for One Willow Bridge Road (previously Swiss Chalet), located at 100 Willow Bridge Road/Tracts K& L, Block 5E, Vail Village First Filing, and setting forth details in regard thereto. Applicant: One Willow Bridge Road, represented by Resort Design, Inc. Planner: George Ruther ACTION: Approved MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0 George Ruther presented an overview of the proposal and the staff inemorandum. The applicant, Mike Foster, stated that he was available for questions or comments. Chad Salli and Tom Kassmel, Town of Vail Public Works Department, were also availabte for questions and comments. The PEC questioned why the elevations of the various floor heights changed. Mike Foster explained the design rational for the proposed changes. The Commission noted that this proposal proactively addressed streetscape and drainage issues that were raised by the Town of Vail after the original approval of this project. There was no public comment. • 2. A request for a recommendation to the Vail Town Council of proposed text amendments to Section 12-3-3(E), Appeal of Town Council Decisions, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Matt Mire • Planner: George Ruther . ACTION: Approved MOTION: Kjesbo SECOND: Jewitt VOTE:7-0-0 George Ruther presented an overview of the proposal and the staff inemorandum. The Commission had no comment or discussion. There was no public comment. ~ 3. A request for final review of a conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow for a Type II Employee Housing Unit, located at 4812 Meadow Lane/Lot 8, Block 7, Bighorn Fifth Addition, and setting forth details in regard thereto. Applicant: Bighorn LLC and the Duane F. Rogers Revocable Trust, represented by Larry Benway Planner: Bill Gibson ACTION: Approved, with conditions MOTION: K1'esbo SECOND: Lamb VOTE: 7-0-0 CONDITIONS: , 1) This conditional use permit approval shall be contingent upon the applicant receiving Town of Vail approval of the related design review application. 2) Prior to final design review approval, the applicant shall revise the plans to illustrate a minimum of 75 sq.ft. of additional storage. 3) Prior to the issuance of a building permit, the applicant shall execute a Type II EHU deed restriction with the Town of Vail Department of Community Development to ~ permanently restrict the use of the EHU for employee housing. Bill Gibson Presented an overview of the proPosal and the staff inemorandum. • Larry Benway, applicant's representative, presented the revised floor plans showing the required additional storage for the proposed Type II EHU. There was no public comment. The Commission emphasized the Town's need to address the current EHU enforcement issues and allow Type II EHUs as permitted uses, rather than conditional uses. 4. A request for a final review of a variance, from Section 12-6D-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-7, Variances, Vail Town Code, to allow for a residential addition located at 2339 Chamonix Lane/Lot 11, Block A, Vail Das Schone Filing 1, and setting forth details in regard thereto. Applicant: Robert Stephanoff, represented by Jack Snow, RKD Architects Planner: Bill Gibson ACTION: Approve with conditions MOTION: Kjesbo SECOND: Lamb VOTE:7-0-0 CONDITIONS: 1) This variance request approval shall be contingent upon the applicant receiving Town of Vail approval of the related design review application. Bill Gibson presented an overview of the proposal and the staff inemorandum. Jack Snow, architect, and Bob Stephanoff, applicant, presented an overview of the existing • conditions of property and the details of the proposal. i There was no public comment. • Commissioner Kjesbo disclosed his former business relationship with the applicant, but noted that he had no conflict of interest in reviewing this application. The Commission was complimentary of the design and architecture of the proposal. The Commission recognized that this proposal is an addition to an existing non-conforming house and was not new construction or a demo-rebuild. The Commission noted the existing conditions and circumstances associated with this proposal which justify a variance and do not create a grant of special privilege. The Commission questioned the applicant about the degree of the variance requested and any alternatives which were explored. The applicant explained the design options they had considered and the option of maximizing the allowable site coverage with GRFA and then requesting a larger site coverage variance for a future garage addition. The Commission noted that this request was comparable to other site coverage variances previously approved by the Town. The Commission did not believe approval of this request would create a precedent. The Commission commented that the approval of variances similar to this request provide flexibility and incentives for redevelopment of existing properties that are difficult to renovate. The Commission noted that approving this request as proposed created a more attractive design than could be achieved by making minor reductions to the amount of site coverage being requested. The Commission commented that the site coverage variance being requested was for a garage and small cantilevered elements. The Commission believed that while this request allows for a deviation from the allowable site coverage numbers, it does meet •the intent of the site coverage regulations. 5. A request for revision to the final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for additional gross residential floor area, located at 1094 Riva Glen/Lot 4, Spraddle Creek Estates, and setting forth details in regard thereto. Applicant: W&B Development, LLC, represented by Tim Losa, Zehren and Associates,.lnc. Planner: Matt Gennett ACTION: Tabled to December 13, 2004 MOTION: Bernhardt SECOND: Kjesbo VOTE:7-0-0 6. A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; a request for a text amendment to Section 12-2-2, Definitions, Vail Town Code, pursuant to Section 12-3- 7, Amendment, to add a definition for bowling alley; a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, pursuant to Section 12-3-7, Amendment, to add bowling alleys as a conditional use; and requests for conditional use permits to allow for the construction of an outdoor operation of the accessory uses as set forth in Section 12-7E-5 (ice skating rink); a major arcade to include indoor entertainment; a theater, meeting rooms, and convention facilities; multiple-family dwellings and lodges; and a private club to allow for the establishment of a for sale parking club, pursuant to Section 12-7E-4, Vail Town Code, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Crossroads East One, LLC, represented by Mauriello Planning Group Planner: Warren Campbell • ACTION: Tabled to December 13, 2004 MOTION: Bernhardt SECOND: Kjesbo VOTE:7-0-0 7. A request for a final review of a variance, from Section 12-6G-8, Density Control, Vaii Town Code, pursuant to Chapter 12-7, Variances, Vail Town Code, to allow for additional gross • residential floor area and dwelling unit, located at 4690 Vail Racquet Club Drive/Vail Racquet Club Condos, and setting forth detail in regard thereto. Applicant: Racquet Club Owners Association, represented by TRD Architects Planner: Matt Gennett ACTION: Tabled to December 13, 2004 MOTION: Bernhardt SECOND: Kjesbo VOTE:7-0-0 8. Approval of November 8, 2004 minutes MOTION: Bernhardt SECOND: Kjesbo VOTE:7-0-0 9. Information Update 10. Adjournment MOTION: Lamb SECOND: Viele VOTE:7-0-0 The applications and information about the proposals are avaiiable 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 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, November 19, 2004, in the Vail Daily. • • MEMORANDUM TO: Planning and Environmental Commission • FROM: Department of Community Development DATE: November 13, 2006 SUBJECT: A request ior a final review of a conditional use permit, pursuant to Section 12- 7A-3, Conditional Uses, Vail Town Code, to allow for a business office (real estate), located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PEC06-0066) ~ Applicant: Vail Dover Associates, LLC, represented by Mauriello Pfanning Group Planner: Warren Campbell 1. SUMMARY The applicant, Vail Dover Associates, LLC, represented by Mauriello Planning Group, is requesting a conditional use permit pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a business office (real estate), at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision. This conditional use permit will allow the applicant to establish a real estate office for a period of three years within a tenant space of the One Wiflow Bridge structure currently under construction. 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 this request subject to the findings noted in Section VilI of this memorandum. II. DESCRIPTION OF THE REQUEST Vail Dover Associates, LLC, is requesting a conditional use permit to allow for a business office (real estate) within a tenant space at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision. This conditional use permit will allow the applicant to establish a real estate office within One Willow Bridge until June 1, 2009. The proposed rea( estate office will be located within a tenant space of the One Willow Bridge structure currently under construction. The proposed location of the real estate office would be in a 563 square tenant space in the northeast corner of the structure. The proposed real estate ofFice would be used to sofely sell product to be offered within the Solaris project which is anticipated to begin construction in the spring of 2007. The applicant is not proposing any exterior changes to the tenant space at this time. The applicant's request (Attachment A) has been attached for reference. III. 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. Planninq and Environmenta( Commission: • Action: The PEC is responsible for approval, approval with conditions, or denial of a conditional use permit. 1 ~ The PEC is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, • utilities, schools, parks and recreation facilities, and other public facilities and public facilities rieeds. 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 streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental ~ impact report is required by Chapter 12 of this Title. Conformance with development standards of zone district Lot area Setbacks Building Height Density GRFA , Site coverage Landscape area Parking and loading Mitigation of development impacts Desiqn Review Board: • Action: The DRB has NO review authority on a conditional use permit, 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. IV. APPLlCABLE PLANNING DOCUMENTS Title 12, Zoning Regulations Chaqter 12-2: Definitions (in part) OFFICE, BUSINESS: An office for the conduct of general business and service • activities, such as offices of real estate or insurance agents, brokers, secretarial or stenographic services, or offices for general business activities and transactions, where I 2 storage, sale, or display of inerchandise on the premises occupies less than ten percent (105/o) of the floor area. . Article 12-7A: Public Accommodation District (in part) 12-7A-1: PURPOSE: The public accommodation disfrict is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same district and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the district by establishing appropriate site development standards. Additional nonresidential uses are permitted 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 characfer of the district. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast, as further regulated by section 12-14-18 of this title. Churches. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Hospitals, medical and dental clinics, and medical centers. • Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (105,o) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area. Private clubs and civic, cultural and fraternal organizations. Professiona/ and business offices. Public buildings, grounds and facilities. Public or commercial parking facilities or structures. Public or private schools. cilities. Public park and recreational fa Public fransportation terminals. Public utility and public service uses. Ski lifts and tows. Theaters and convention facilities. Type lll employee housing units as provided in chapter 13 of this title. 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 fo 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 3 , . conditiona! 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 Village Master Plan Goals, Obiectives, Policies, and Action Steps (in part) - Goal #2 To foster a strong tourist industry and promote year-around economic hea/th and viability for the Village and for the community as a whole. Objective 2.1 ' Recognize the variety of land uses found in the 10 sub-areas throughout the Village and allow for the develoPment that is comPatible with these established land use Patterns. Objecfive 2.4 Encourage the development of a variety of new commercial activity where compatible with the existing land uses. Land Use Plan (in part) Land Use categories in the Vail Village include the following: Mixed Use: This category includes the "historic" village core and properties near the pedestrianized streets of the Village. Lodging, retail and a limited amount of office use • are found in this category. Within nearly 270,000 square feet of refail space and approximately 320 residential units, the mixed use character of these areas is a major facto in the appeal of the Vail Village. Vail Villaqe Sub-Areas Mixed Use Sub-Area (#1) The Mixed Use sub-area is a prominent activity center for the Vail Village. It is distinguished from the Village core by larger sca/e 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 at the intersection of Vail Road and Meadow Drive. It is also a long term goa/ 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 this sub-area with the development of the finaf, phase of the Vail village lnn projecf. 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 essenfially leave the sub-area "built out". • #1-4 Sonnenalp East (Swiss Chalet) Infill Commercial infill of north facing alcove of existing structure to provide shops and 4 pedestrian activity. A plaza with greenspace shall be developed in conjunction i with the adjacent plaza at the Vail Village Inn. Fire access and on-site parking ~ are two issues to be addressed in the design and developmenf of this project. Special emphasis on 2.4, 2.5, 2.6, 3.1, 3.2, 4.1, 5.1, 6.1, 6.2. e a~ t, , wi ~ ~ r"~ ,,+'•~l'~ {aE0.VO~ '\~j(',~ ~ . ` ~ tt~ ' ' _ '~?r . j {,G• _ y„_~~. ` a ~ liw I~1~'` ~Y . :i111IER MO(H! ~ ~ .•w/~\ y#6M , ~ V. ZONING ANALYSIS ~ Zoning: Public Accomodation , • Land Use Plan Designation: Village Master Pfan, Mixed Use Sub-Area Current Land Use: Mixed Use Development Standard Allowed/Required Existinq Proposed Parking: 141 spaces 141 spaces 141 spaces VI. SURROUNDING LAND USES AND ZONING Land Use Zonin North: Mixed Use Commercial Service Center and SDD No.6 South: Stream Tract Outdoor Recreation East: Mixed Use Commercial Core 3 West: Multiple-Family Public Accommodation VII. CRITERIA AND FINDlNGS The review criteria for a request of this nature are established by the Town Code. The propased real estate office is located within the Public Accommodation (PA) zone • district. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12-16, Vail Town Code. A. Consideratian of Factors Reqardinq Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of • the Town. 5 Pursuant to the Public Accommodation zoning of the proposed site, conditional uses are allowed in accordance with the provisions of 12-7A-3, Conditional Uses, Vail Town Code. Business offices, which include real • estate offices, are allowed as conditional uses within the Public Accommodation district. The proposed real estate office is located at street level within the northeast corner of the One Willow Bridge structure. There are currently several other real estate offices located on properties ~ zoned Public Accommodation district. Properties such as the Austria Haus (16 feet of frontage), Mountain Haus (59 feet of frontage), Christiania Lodge (29 feet of frontage), and Phase III of the Vail Village Inn (30 feet of frontage). The proposed Solaris real estate office would have a frontage of approximately 50 feet along East Meadow Drive and Willow Bridge Road. The primary purpose of the Public Accommodation district is to provide sites for lodges and residential accommodations. The cumulative effect of allowing numerous other conditional uses in this district may lead to an eventual departure from the purpose of the district. However, given the small number of real estate offices currently located within the Public Accommodation district and the proposed limitations on time, three years, and sale of product, only Solaris real estate, Staff does not believe this proposal is an issue of concern at this time. At the October 23, 2006, Planning and Environmental Commission hearing concsrn was raised about the possible operation of the sales center for a period longer than was needed to sell the entire Solaris product. It was discussed that a possible solution would be to limit the operation for a period of three years or until the entire Solaris project was sold out, whichever • occurred first. As proposed, the three year time frame would place the expiration of the conditional use permit on November 13, 2009, which would preclude the use of the space for retail, revenue generating sales, for seven "retail seasons", the winter of 2006, summer of 2007, winter of 2007, summer of 2008, winter of 2008, summer of 2009, and winter of 2009. Winter 2009 would be affected as the date of expiration, November 13, 2009, would not allow for adequate time to remodel the space to be used for retail uses. Staff has explored the concern of the Commission and believes a solution may be to limit the approval of a conditional use permit to June 1, 2009, in order to provide adequate time to remodel and prepare the Solaris sales office space for retail use for the winter 2009 season. Staff believes that a condition limiting the approval of a conditional use for a Solaris sales office to three years or until the sale of the entire Solaris project, will be difficult to enforce. Staff's suggestion would allow the Solaris sales office to run through six "retail seasons" and provide adequate time to remodel the space for retail use in the winter of 2009. In the event the Solaris project is not sold by June 1, 2009, the applicant could apply for an extension of any approved conditional use permit allowing for the Solaris sales office. Staff has spoken to the applicant and their representative and this solution was agreeable to all parties. The provisions of the Public Accommodation district, and the Vail Village Master Plan each allow for limited amounts of office uses within Vail Village. • Therefore, Staff believes the proposed real estate office for a period of three years is consistent with the development objectives the Public Accommodation district and the Vail Village Master Plan. 6 2. The effect of the use on light and air, distribution of population, • transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes the proposed real estate office will have no significant negative effects on the above-mentioned criteria as the use would be located within a structure currently under construction. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverabitity, and removal of snow from the street and parking areas. Staff believes that the proposed real estate office will have no significant negative effects on the above-mentioned criteria. Pursuant to the provisions of Chapter 12-10, Off-Street Parking and Loading, Vail Town Code, the proposed real estate office will require an increase in parking of 0.2 additional parking space compared to the previous retail use of this tenant space. The parking requirement for One Willow Bridge - Sonnenalp development was established to be 140.04 parking spaces. The proposed real estate office will increase this requirement to 140.24 or 141 spaces. There are 141 parking spaces approved with the One Willow Bridge - Sonnenalp development. Therefore there is sufficient parking within the development to address the proposed change in land use. • 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed real estate office will be located within an existing tenant space; therefore, Staff believes the proposed real estate office will have no significant negative impact on the above-mentioned criteria. New signage for this business will require Town of Vail design review approval, thus ensuring the compatibility of any new signage with the surrounding uses. B. The Planninq and Environmental Commission shall make the followina findinqs before qrantinq a conditional use permit: 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 district in which the site is located. 2. That the proposed location of the use and the conditions under which it will be operated or maintained wilf not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. ~ 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. • VIII. STAFF RECOMMENDATION 7 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 Section 12-7A-3, Conditional Uses, Vail Town Code, • to allow for a business office (real estate), located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision. Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: 1. 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. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Commission choose to approve this conditional use permit request, the Community Development Department recommends the following conditions of approval: 1. The a roval of this conditional use ermit for a rofessional real estate PP p P ~ ) office shall expire on June 1, 2009. • 2. The applicant shall submit a separate complete Design Review application for all signage associated with the professional (real estate) office. 3. The approval of this conditional use permit for a professional (real estate) office shall limit the sale of real estate within the office to sofely the product offered by the Solaris development, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. IX. ATTACHMENTS A. Applicant's request B. Public Notice • 8 • Solaris Dsplay Center One Wiilow Bridge Road r a a,V It.:V' f~- . t m j, -x; ~ ~ h d r.: ~~f± ~ ~ rw°~~°~~~ ` ,~,~ro F ~ i' • +t. 'S r,~ ~ ~ ~,T,, v'~ y 5 ~~~II' Y . ~»"jY ~v Y' ~ • p. k ~ ~ ~k ~ ~ ~ ~ t3~ y y ~ti Zr1.±1: Application for Conditional Use Permit for a Temporary Professional Office September 2006 Represented by: iv, :1 ci ~ Maunello Planning Group Attachment: A , Owner and Consultant Directo • ry Owner: Bob McNicho{s Vail Dover A55ociate5 LLC 4148 N. Arcadia Drive Phoenix, AZ 850 18 ~ ' Land Use Consuitant: Mauriello Planning Group, LLC PO Box I 127 Avon, CO 8 I 620 970.748.0920 a 1115 ori MF~GP cc?rn~ riet Architect: 5uman Architecture • I 43 East Meadow Drive, Suite 300 Vail, CO 8 I 657 ' 970.47 I.6 122 j rr~~c.li~~~~:~?r~t~m~~r~~~arc~~~~t:c~ct~. c;cm One Willow Bndge Road - Conditional Use Permit ] Mauriello Plannmg Group, LLC • I. Descri tion of the Re uest One Willow Bridge Road is requesting a conditional use permit to allow for the 5olar15 Display Center within the Public Accommodation Zone District. The d15play space is approximately 563 scl. ft. of ground level space located within One WiIlow Bridge Road and will be used as the Solaris D15 p~ay Office. The proposed use 15 temporary, and will not exceed a period of/ years. The 5olar15 DiSplay Center will include d15play5 of the Solaris Model, and 5ample5 of exterior building materials and interior finishes, but will not be permanently staffed. The intent 15 to use the space as a display center, and to be able to bring prospective residents or 121-151ne55e5 to view the 5olar15 development. The 563 sq. ft. proposed for the use is an area that was previously approved as retail space, and therefore the parking requirements will increase by .2 spaces. According to our research, there is ample parking available for the temporary use. 7~ ~ n ~y Y ~~4, ts S t~''~ vb' at r i.~l~ c V x One Willow Bridge Road • T ~ ~ ~ ~~~-~~j''. 3y ~ ~'LZS..: ~ S',' $..~r~. .k,k . .w, ~ ~ l ~ ~ A ~ g ~ ~ a ~^x~•r~~ ~ •..Jt "-,,i .r"' ~J, ~ 9f~~ h ~ ~ `i ~ ~ I•n~~ ~3c RWr i~ 6T'~ti 2s^ . . . . . . ~ Locational Map 11. ZOninq . The site is located at the inter5ection of Willow Bridge Road and East ' Meadow Drive, at Lot 2, Sonnenalp 5ubdlvi51on. The site of One WiIlow Bridge Road site is approximately ,526 acres and is zoned Public Accommodation, but according to the final plat of the Sonnenalp 5ubdivi5ion, the entirety of Lots I and 2 are to be treated as one development site. Within the Public Accommodation zone district, a"Professional and Business Offlce" is I1sted as a Conditional Use, which 15 the closest 51milar u5e 115ted in • One Willow Bridge Road - Conditional Use Permit 2 Mauriello Plannmg Group, LLC • • the PA zone district. There will be no modifications to the exterior elevations as a result of thi5 request for a conditional use permit. The 563 sq. ft. space in which the use is proposed was previously approved as a retail use. The previous parking requirement for this area was 1.3 spaces. The change in this use from a retail establishment to an office use madifies the parking recluirement from 1 .3 spaces to 1 .5 spaces. According to the parking calculations, there is available parking for this use. According to Chapter 10, Parking, of the Zoning Regulations, parking 15 assessed accordmg to the followmg calculations: 1Other professional and business offices 2.7 spaces per 1,000 sq ft of net floor area I Retail stores, personal services, repair shops 2.3 spaces per 1 000 sLI ft of net floor area From our research and analysis, the parking reoluirement for the entirety of the project (5onnenalp, Tallsman, and One Willow Bridge Road) 15 160.29 spaces. The change in retail area to a f'rofessional offIce adds .2 spaces, for a total parking requirement of 160.49 spaces. Therefore, there is no mcrease in the total parking requirement as a result of the change in use. ' There are currently I 62 spaces designed for the site. This parking analysis 15 taken from the memo, dated April 19, 2006, prepared by Resort Design • Associates as part of the Ludwig'S enclosure and 15 part of the Town's record. III. AdJacent Propertie5 The mailing addresses of all adjacent properties have been provided. ~ ~ ~ - UiJlage n~-P-la~ Vail Village ~ilaza Grondos Cros~rpads •`.,,'r ~ € -,.w ~.%Y.., r , , Talisr~a 1 ~ ad y Riv ouse,~~~ ! ~ ~ own ~if Vaii ' ~ 77- Summer$ L~dge,• f i - ~1 ` ~ ~ ~ L.~ - ` \ s j '1 1 • I ~ r Adjacent Property Map ~ One Willow Bridge Road - Conditional Use Permit 3 Mauriello Planning Group, LLC • IV. Conditional Use Review Criteria The following 15 a list of the criteria that the Planrnng and Zoning Commission is rectuired to consider (n the review of a Conditional Use Permit. A. Relationship and impact of the use on the development objectives of the Town. Our Analysis: Accordtng to the Town of Vail Zornng Regulations: The public accommodation district 15 intended to provrde 51te5 for lodges and resldential accommodabons for wsltors, together with such public and semipubljc faalities and limited professional offices, medical faalitles, priuate recreation, commercia%retail and related v151tor oriented vses as may appropriately be located within the same d15trict and compabb/e wrth adjacent land uses. The pubhc accommodatlon district )s intended to ensure adequate hght, a1r; open space, and other amenitles commensurate wlth lodge uses, and to maintain the desirable resort quafitles of the d15trict by • establishing appropriate 51te dcvelopment standards. Additlonal nonresidential uses ar-e permltted as condItlonal uses whIch enhance the nature of I/ajl as a vacatlon commurnty, and where permitted , uses are Jntended to functIon compatlbly with the hlgh cfenslty lodgln9 character of the district. One Willow Bridge Road 15 adjacent to other PA zoned properties, ,ncluding the Sonnenalp, and the Vail Village Inn (SDD with underlying zoning of PA). Other adjacent properties mclude Crossroads which 15 zoned CSC (now SDD with underlying zoning of CSC), and ViIlage Center which is zoned CC2. Professional offices are a conditional use for all properties zoned PA, a permitted use for properties zoned CSC, and not permitted on the first floor of properties zoned CC2. Other PA zoned properties which have professlonal offices include the AuStria haus, ChriStiania and the Mountain flaus. Additionally, prior to demolition, the SwIss 11au5 contained a real e5tate office on the first floor. The impacts of these ex15ting real estate offices have been minimal. In this ca5e, the use proposed 15 a temporary display center to be used while 5olaris is under con5tructlon, and any impact5 wili be Iimited by the time frame of the use. The use will be removed as con5truction is completed, or as the condttional use permit expire5. • One Wdlow Bridge Road - Conditional Use Permit 4 Maunello Planning Group, LLC - - - - I The Land Use Plan of the Va,l ViIlage Master Plan identifies One WiIlow • Bridge Road as "Mixed Use" whIch 15 defined as follows: This category includes the "historlc " l/illage core and properties near the pedestrranrzed streets of the I/illage. Lodgrng, retail, and a limlted amount of office use are found in this category. The space recluirgd for this use is minimal (approximately 563 sc[. ft.) and is temPorary years) and therefore is in compliance with the 4and use designation as de5cribed by the Vail Village Master Plan. B. The effect of the use on light and air, distribution of population, transportation faalities, and other public faalities needs. Our Analysis: The proposed use i5 located in an ex15ting, previously approved commeraal space within One Willow Bridge Road. Therefore, the facility 'will have little, if any, impact on the above-mentioned 155ue5. C. Effect upon traffic with particular reference to congestion, automotive and pedestrian 5afety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. . Our Analy515: As the use 15 located withm an existing building, there will be Iittle, if any, impact on the above-mentioned issues. D. 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 display center will be Iimited to xyears, and is intended to ' serve a5 the display center for Solaris as the redevelopment of CroSSroads occurs. Offices have been approved on the fir5t floor in the PA zone di5trict at the following locations: ¦ Austria hau5 ¦ Christiania ¦ Mountain Naus ' These offices have not had a negative effect on the character of the area. The effect upon the character, espeaally with regards to scale and bulk, of this proposal will be similarly minimal. • One Willow Bridge Road - Conditional Use Permit $ Mauriello Planning Group, LLC , - . , . 1~0 O i , , ~ ~ - . i - ` I 1 l . ~ ~ . n . ~ ' L Ma a gm _ 2 m im ~ n _ m • m fm Ip . . L~ ~ " ~ ~s ` ( ~ . f ~ i r , ~ ~ D . ~ , ••'~ff O~O ~ N ~ Z ~ , m ~ • ~ ~ I I . J ~ ~ m ~C ~ § on.vnne.s.ma•no•a SUMAN~v SOLARIS DISPLAY CENTER . : ry~j Lel ]r BIoc4 6.E'6onnen. IP iu6. V11L, GOLOMDO ~~~.THIS ITEM MAP AFFECTLIC 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 November 13, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a worksession to discuss a conditional use permit, pursuant to Section 12- 7A-3, Conditional Uses, Vail Town Code, to allow for a business office (real estate), located at 1 Wiliow Bridge Road/Lot 2, Sonnena{p Subdivision, and setting forth details Iv'3-u in regard thereto. (PEC06-0066) ' Applicant: Vail Dover Associates, LLC, represented by Mauriello Planning Group Planner: Warren Campbeli A request for a final review of a conditional use permit, pursuant to section 12-713-5, Permitted and Conditional Uses, Above Second Fioor, Vail Town Code, to allow for the . operation of a"quasi-public" club, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0067) Applicant: Remonov & Company, Inc. Planner: Warren Campbell . A request for a worksession to discuss a conditional use permit, pursuant to Section 12- . 9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC06-0068) Applicant: Town of Vail, on behalf of All Mountain Sports, LLC Planner: Bill Gibson A request for a final review of a variance, from Section 12-6D-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-7, Variances, Vail Town Code, to allow for a residential addition located at 2339 Chamonix Lane/Lot 11, Block A, Vail Das Schone Filing 1, and setting forth detai{s in regard thereto. (PEC06-0069) Applicant: Robert Stephanoff, represen.ted by Jack Snow, RKD Architects Planner: Bill Gibson A request for a final review of a variance, from Section 12-61-1-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 3/131ock 5, Vail Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0070) Applicant: Lewis and Patricia Lewis, represented by Michael Suman Architect Planner: Elisabeth Reed A request for final review of variances from Section 12-6H-6, Setbacks, and Section 12- 6H-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 5,/Block 5, Vail I Vilfage Filing 1, and setting and setting forth details in regard thereto. (PEC06-0071) • ' Applicant: Elliot and Margie Davidoff, represented by Michael Suman Architect I Planner: Elisabeth Reed I Page 1 Attachment: B ~ The applications and information about the proposals are available for public inspection during office hours at the Town of Vaii 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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M N(h V' 1(1 lD r~O 6) N Q _ _ • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2006 SUBJECT: A request for a recommendation to the Vail Town Council of a text amendment to Section 12-6E-3, Conditional Uses, Vail Town Code, to add "Professional Offices" and "Business Offices" to the list of allowable conditional uses in the Residential Cluster zone district, and setting forth details in regard thereto. (PEC06-0065) Applicant: Booth Creek Management Corporation/Potato Patch Homeowners Association Planner: Elisabeth Reed/George Ruther 1. SUMMARY • The applicant, Booth Creek Management Corporation and the Potato Patch Homeowners Association, represented by Jay Peterson, is requesting a final review of a recommendation to the Vail Town Council of a text amendment to Section 12-6E-3, Conditional Uses, Vail Town Code, to add "Professional Offices" and "Business Otfices" to the list of allowable conditional uses in the Residential Cluster zone district. As proposed, the text amendment would allow for the operation of both professional and business offices, as further defined in Section 12-2-2, Definitions, Vail Town Code, and with certain limitations and restrictions on each use, in the Residential Cluster zone district. Based upon the review of the criteria outlined in Section V of this memorandum, the Community Development Department is recommending that the Planning & Environmental Commission forwards a recommendation of approval of the proposed text amendment to the 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 Booth Creek Management Corporation and the Potato Patch Homeowners Association are proposing a text amendment to Section 12-6E-3, Conditional Uses, Vail Town Code, to add "Professional Offices" and "Business Offices" to the list of allowable conditional uses in the Residential Cluster zone district. As proposed, the text amendment would allow for the operation of both professional and business offices, as further defined in Section 12-2-2, Definition, Vail Town Code, in the Residential Cluster zone district and ~ places certain limitations and restrictions on the uses. This amendment has been requested by the Booth Creek Management Corporation, a property owner in the Residential Cluster zone district, in an effort to alIow for limited amounts of professional and business offices to be Iocated in the Residential Cluster zone district. If approved, a property owner in the Residential Cluster zone district could submit an application for 1 consideration of a conditional use permit to operate a professional or business office in . the District. Presently, according to Section 12-6E-3 Conditional Uses, Vail Town Code, professional and business offices are not allowable conditional uses in the Residential Cluster zone district. The proposed amendments to Section 12-6E-3 and Section 12-16-7 are indicated in bold (additions) and stF+ke-t#Feug# (deletions) as follows: Section 12-6E-3: Conditional Uses (in part) The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast as further regulated by section 12-14-18 of this title. Business offices as further regulated by 12-16-7 of this title. . Dog kennel. Funiculars, and other similar conveyances. Home child daycare facility as further regulated by section 12-14-12 of this title. Private clubs. Professional offices as further regulated by 12-16-7 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type III employee housing units (EHU) as provided in chapter 13 of this title. ~ Secfion 12-16-7: Use Specific Criteria and Sfandards (in part) 'fhe following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. A. Uses And Criteria: 13. Business Offices and Professional Offices in the Residential Cluster zone district: a. Offices for physicians, dentists and similar medical practices shall be excluded in the Residential Cluster zone district. b. Business and professional offices shall be secondary to the residential use of the District. The net floor area of the office • use shall be no greater than 15% of the allowable gross residential floor area of the development site. c. The sale of inerchandise shall be prohibited. d. Off-street parking shall be provided in accordance with the provisions of Chapter 12-10 of this title and shall be clearly separated from the area designated for residential parking. e. No overnight parking or storage of commercial vehicles associated with the professional or business office use shall be permitted. f. Signage shall be permitted in accordance with Section 11-6-3- • A: Business Signs within Sign District 1(Title 11: Sign Regulations, Vail Town Code) and shall be subject to review by the Design Review Board. 2 . . I • g. The number of employees aliowed in a business office or professional office within the Residential Cluster zone district shall not exceed one employee for each 200 square feet of net floor area. h. Homeowner Association approval shall be required of all Conditional Use Permit applications for a Professional Office or a Business Office within the Residential Cluster District pursuant to Section 12-11-4:13:13, Application Form, Vail Town Code. III. BACKGROUND Zoning Requlations 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, including the Residential Cluster zone district. Since the time of adoption, Staff has identified the following changes made to the Residential Cluster zone district which effect conditional uses allowed within the district: Chapter 12-6E-3 (Conditional Uses): ¦ Ord. 33, 2003: Funiculars and other similar conveyances (added) ¦ Ord. 17, 2001: Home Child Day Care Facility as further regulated by 12-14-2 of this Title (added) ¦ Ord. 6, 2000: Type III employee housing units (EHU) substituted for Type IV • employee housing units ¦ Ord. 31, 1989: Bed and Breakfasts (added) ¦ Ord. 20, 1982: Dog Kennels (added) ¦ Ord. 26, 1977: Private Clubs (added) • Ord. 8, 1973: Initial adoption of Town's Zoning Regulations The proposed text amendment to add "Business Offices" and "Professional Offices" as a Conditional Use within this District would be the seventh amendment to the Conditional Uses within the Residential Cluster zone district since its inception in 1973. Pursuant to Section 12-2-2, Definitions, "Business Office" and "Professional Office" are defined as, OFFICE, BUSINESS: An office for the conduct of general business and service activities, such as offices of real estate or insurance agents, brokers, secretarial or stenographic services, or offices for general business activities and transactions, where storage, sale, or display of inerchandise on the premises occupies less than ten percent (10%) of the floor area. OFFICE, PROFESSIONAL: An office for the practice of a profession, such as offices of physicians, dentists, lawyers, architects, engineers, musicians, teachers, accountants, and others who through training are qualified to perform services of a professional nature, where storage, sale, or display of inerchandise on the premises occupies less than ten percent (10%) of the floor area. • Official Zoninq Map of the Town of Vail According to the Official Zoning Map of the Town of Vail, 210 parcels within the Town of Vail are zoned Residential Cluster (Attachment B). This equates to approximately 610 units within seventeen (17) different areas within the Town. Pending approval by the 3 . . i Town Council of this request, units within the Residential Cluster zone district would • have the option to submit a request for a Conditional Use Permit to locate a Business Office or a Professional Office within their unit, fulfilling the criteria listed in Section II of this memorandum. Vail Land Use Plan According to the Vail Land Use Plan (1986), roughly 420 acres (12.5%) of land within the Town is designated in the Medium Density Residential (MDR) land use category. The Medium Density Residential iand use category is the home to the seventeen (17) areas in Town presently zoned Residential Cluster (RC). Additionally, approximatefy 15 acres 1%) of land within the Town is designated in the Community Office (CO) land use category. Pursuant to the Plan, Medium Density Residential and Community Office land use categories are defined as, 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; and The community office category includes primarily office uses of all types. Some limited commercial uses, such as retail businesses; including general merchandise, • apparel and accessories and auto service facilities would also be permitted. 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 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 Comrnission 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. 4 • 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 enacfed for fhe purpose of promotrng the health, safety, morals, and general welfare of the Town, and to promote fhe 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 ofher 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 fhe land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other ' desrrable natural features. 10. To assure adequate open space, recreation opportunities, and other amenitres and facilities conducive to desired living quarters. • 11. To otherwise provide for the growth of an orderly and viable community. " This request is for an amendment to only the Conditional Uses section of the Residential Cluster zone district, and a process for review of specific requests to 5 locate Professional Offices or Business Offices within this district is still • applicable. Therefore, Staff believes that each of the above-described purposes of the Zoning Regulations wiil be evaluated at the time that such request is made. 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, The proposed text amendment is an effort to allow for specific review of Professional Offices or Business Offices within the Residential Cluster zone district. Staff has reviewed the Vail Land Use Plan and believes the following goals, objectives and policies are applicable to the proposed text amendment: 1. General Growth I 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. 1.12Vail should accommodate most of the additional growth in existing developed areas (infill areas). Staff believes that it is compatible with the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development • objectives of the Town provided that each request complies with the Uses and Criteria outlined in Section 12-16-7, above. 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, An increasing shortage of commercial real estate exists within the Town which is a condition which Staff believes has changed since the formation of the Residential Cluster zone district in 1974. To exclude this zone district of the light pedestrian and automobile traffic associated with Professional Offices and Business Offices is no longer applicable to the Town's stated desires to keep ,residents living and working in the Town of Vail. In fact, the provision to request a Conditional Use Permit for such uses may actually encourage the live/work combination of uses which has proved so beneficial to the livelihood of so many other communities. 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 provides the opportunity for a harmonious, convenient, and workable relationship among land use regulations by allowing • professionaf offices and business offices to be located with the Residential Cluster zone district, subject to the issuance of a conditional use permit. Prior to granting a conditional use permit for a business or professional office in the 6 • district, the applicant must demonstrate compliance with the proposed use specific criteria outlined in Section 12-16-7 of the Vail Town Code. 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 Section 12-6E-3, Conditional Uses, Vail Town Code, to allow "Professional Offices" and "Business Offices" as Conditional Uses within the Residential Cluster zone district. 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 Section 12-6E-3, Conditional Uses, Vail Town Code, to include Professional Offices and Business Offices as conditional uses within the Residential Cluster zone district and setting forth details in regard thereto, the Commission finds that fhe amendment complies with each of the • criteria listed in Section V of the memorandum to the Planning & Environmental Commission, dated November 13, 2006." VII. ATTACHMENTS Attachment A - Vicinity Map Attachment B- Residential Cluster Zone District Map Attachment C- Letter from Potato Patch Homeowner's Association • 7 l~ Attachment: A N t~n ~ ~ t K•6, ~ ~ ~ ~ q 't ~ ae .41 S~ t ~ 1 "x0. ~ tj"' y :,y~• ~k P~ ~ Y f Y. 4e i ,q - s~ , ~ „~t, ~ j ` ~ e-~ ~ ~ ~ •~4 d` ~~4~'~~~~ .~Sa ~ < 0 II O O II ~11 ~dii Ip ~ ~t~ l~g~~ ~ ~ r~ ~ tl•'!r~ x + ~ /v (D ~ S4 ~ ~ \y Id"" , nn~~ ~*,,,.,tws ! ~ ~ v~{ ~ ~ ~ G~f:, ~ ~ ~ V ~ mq t O 1 07 p'l? ~ ~ ,r~ ~~,'~?~;y y~'~. , ~ " ~ ~ ~ , ~ rv 'kP.1o w a r C) ++W~,~ f o t ~ ~ • A ~ . y~'. ,'k i .N i ~ ~p' ~ W ~w ~ ~ ~ q ~ M ~ ~ ~ I • ` ~ aM, m Try~~§ l } x 't 4 ~"sS~ ~'t~ , ~ ~P;m } :k ~ p~~ r~ ~ # 1 0 ~ t s ~ ~ 1~a y~ ir e`}" tk1a A I~ 9a t~t ~ l . a ~ ~4t~~a .i~'# e ; J F e A ' ri{ Y q• * ' m" a w ~ kk 1 ; ~ r+t ~ F^~ 's~~ r'+ x • ~ ~G Y rT M ~ a E ~ ° ~ { a rt,~ ~t *r °D63• ~k~tl~% : Yc` ,y j. ~ ~ i . , g . ~8 ~ ~x~~". ~ y i,..'h u ~ y`~`u 4" ~*ap,F ~ rt y~< x~~'~, ~+`~~~~,Y't~rY ? ~ r i~•}:' w ~ +i ~ r * . b~ ~'R4 ~ ~ r"`~R•..~yy. f R„~ r~ , y o `m E p ~ N N N D C L W O 00 3 1 c~e rrU ~ ~ . 0 _ ~ 'gU) a00L ~ ~ n ~ co _ > ~~V N ~g m Q' U > ~ Y F~ d U y f9 S O N o o °c . U ~ L - C p N ~ C O 3 U € o ~0~ m ~A~ N y ~ j ~ U ai y a>jm (9 2 U c a~ ~0 Vi N ~ '0O ~ O L N o 0 o Y W p O U ~ 8~U c ~ t Y a~°d L a a y N U) U) (D L ~ O ~ H ~ N N Q~ - C) OC) N C.0 M (D r N E 4) a a ~ z o ~ ~ ~ ¦ o u U E o a) (D E o w 0 ~ pLL C N ro N d o ~ J O ~ IB c O > L ~ ~ ~ m C lp X ~ O L N ~ O W Y ~ 02 c U ~ ~ 190 ° ~ i a~i ~ ;9 YQ ~N .4 N NO = ` N N n iii ~ y N O ~r ,+i iri p y O . ~ c O L 0 ~ 3 E.~°' ~do L m y ~a. U) 2 ~ R ~ 0 U rn 900 l6 C £ ~'nm o.o~o UQ~ cj> N N y a Q ip C1 fL9 ~ 'mU~ N N ~ N O ? O C C W N o=Uc U ~ U~Y ~ y N U O ~ N•- \~~>'r':. V U L N~ _ _ ~ y G C y .16 'O N N O'O 3 O ~ ~a> f~p m> C ~p C dy`~ Q y000 c M Q 2 v ~ C y O W J U p N O t C y E Jo~ N p m ~ ~ C O } L ~ O aV ~ 3 ~ c ~ ~ E> ~ ~ F I o- c x>~r N r> ~ F= a~i co o Z 0a ~ r V aYi E _ Jy ~c 0 • ' a> . Z a U c md_? C0 U a~~'mo dm ~a>U d ~ ~ m N W ~ V Y Attachment: C • POTATO PATCH CLUB CONDOMINIUM ASSOCIATION C/O VAIL HOME RENTALS, INC. 143 E. MEADOW DRIVE, SUITE 4397 VAIL, CO 81657 (970) 476-2221 Qctober 29, 2006 George Ruther Town of Vail ' 75 S. Frontage Road W. Vail, CO 81657 RE: Variance request by Booth Creek Management. Dear George, • I am writing at the request of the Potato Patch Club Condominium Association's Board of Directors. They have approved a motion to act as "co-applicants" with Booth Creek Management on their upcoming meeting with the Town of Vail to request the approval of a variance. This letter has been written to express their solidarity with Booth Creek Management regarding the variance approval. I have already signed the application on their behalf. If there is anything else I can do to help facilitate this process, please feel free to contact me at 476-2221. Hermann Staufer, a Board Member, will be planning on attending the meeting to answer any questions that the Town of Vail may present. Best Regards, Cl Larry Barnes Managing Agent • 1 f • MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: November 13, 2006 SUBJECT: A request for recommendation to the Vail Town Council of a proposal to establish Special Development District No. 40, pursuant to Article 12-9(A), Special Development Districts, Vail Town Code, to allow for the redevelopment of The Willows Condominiums located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1 St Filing, and setting forth details in regard thereto (PEC06-0061). Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed 1. SUMMARY The applicant, The Willows Condominium Association, Inc., represented by Triumph • Development, LLC, is requesting a recommendation from the Planning and Environmental Commission to the Vail Town Council regarding a proposal to establish Special Development District No. 40, The Willows, pursuant to Article 12-9(A), Special Development Districts, Vail Town Code, to allow for the redevelopment of The Willows Condominiums, located at 74 Willow Road/Lot 8, Block 6, Vail Village Filing 15t Filing. 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 forwards a recommendation of approval, with uest to establish S ecial Develo ment District SDD conditions of the applicant's req p p ~ ) No. 40, The Willows, to the Vail Town Council. A complete summary of the Staff's review is provided in Section VII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, The Willows Condominium Association, represented by Triumph Development, LLC, met with the Planning and Environmental Commission on September 25, 2006 for a worksession to present a proposed redevelopment application and two requests: one for the establishment of a new special development district intended to facilitate the redevelopment of The Willows Condominiums, and the second for review of a conditional use permit, to allow for the "construction of timeshare estate units and timeshare license units", located at 74 Willow Road/Lot 8, Block 6, Vail Village 1st Filing. Since that time, the applicant has submitted an additional application for review by the PEC of a request to construct a Type III Employee Housing Unit as a 40 Conditional Use upon the property. 1 ~ . The key elements of the proposal to create Special Development District No. 40 are as • follows: • Demolition of existing structure and construction of a new structure; • Nine (9) new 2-bedroom Timeshare Units; • Nine (9) new Whole Ownership Units with five (5) lock-off unit options; • One (1) new onsite Employee Housing Unit; • Front desk, lobby, porte cochere, library, pool, courtyard, spa, guest/owner ski storage, below grade parking structure, and other amenities. As part of the Special Development District request, the applicant is proposing the following deviations from the underlying High-Density Multiple-Family (HDMF) zoning district: 0 A deviation from the density requirements including: 1. Number of dwelling units; 2. Amount of Gross Residential Floor Area (GRFA). • Deviations from the front, side and rear setbacks; and, • A deviation from the allowable site coverage. A complete zoning analysis of the site has been provided in Section IV of this memorandum. A vicinity map has been attached for reference (Attachment A) as has the applicant's request and a reduced copy of the floor plans and elevations (Attachments B and C). ~ III. BACKGROUND The existing building of the Willows Condominiums was built in 1971 and is in need of many repairs and upgrades, including but not limited to the following: • Demolition or extensive repair of the parking decks; • Installation of a fire sprinkler system; • Upgrades to the mechanical systems within the building; • Renovation of all units and common spaces; and, • Renovation to the exterior of the building. Because the building was constructed using a concrete "T" system, any renovations or upgrades would compromise the already low (7', 6") head height. Considering the type of existing construction and the non-conformities of the existing building and site, the applicant and The Willows homeowners have chosen a proposal to demolish and rebuild the building instead. The Willows Condominium building currently houses twenty eight (28) units; twenty seven (27) one bedroom, 596 square foot units and one (1) studio unit that is 446 square feet in size. The units are owned by 26 different owners, with each owner aHotted thirty days of summer use and thirty days of winter use per year. When units are unoccupied, they are placed into an active rental pool. The applicant has undergone one worksession with the Planning and Environmental ~ Commission on September 25, 2006. A comprehensive list of the Commission's primary 2 . concerns follows: Regarding deviations and public benefits: • The Commission asked that more thought be paid to the provision of public benefits to offset the requested deviations. • Several of the Commission members suggested that more Employee Housing Units be provided, but in another location. This would include the Unit proposed within the building itself. However, other members disagreed with thaf suggestion, stating that the vitality of the Village was better preserved through onsite Employee Housing Units. • The Commission strongly urged further consideration of the setback deviations being requested. Egress issues become more of a problem with less of a setback as do safety separation, snow storage, review and constructability of future development proposals, and other issues. One member felt that such encroachments of the building would be befter allowed below grade only. Others felt that some height deviations may be considered if the setbacks were to be improved simultaneously. Regarding architecture/site design: • • The Commission requested renderings of all facades to be provided for study by the next meeting. • One member of the Commission encouraged the natural transition of grades across property lines in order to make property lines indecipherable. • Better integration of the exit staircases into the building's design was mentioned by several members. • Some concern was expressed regarding the possible eventual widening of Vail Road. • There was strong support of maintaining some architectural continuity with the rest of the neighborhood. • One member asked that all frees to be removed be tagged prior to rhe next meeting. Regarding the proposal in general: • The Commission was quite interested fhat incentives to rent continue to be proposed and that the number of hot beds be maintained, if not increased, within the core of the Village. • • One member of the Commission commented that the proposed provision of a front desk should be portrayed as more of a benefit than was currently being portrayed. ~ 3 • Many of the Commission members requested that Staff analyze the build-out ~ potential of all the surrounding properfies on Willow Circle to better decipher the effect which current/proposed deviations may have on the neighborhood. Furthermore, the applicant met with the Town of Vail Design Review Board for a conceptual review on Wednesday, November 1, 2006. The Board commented on the following items at the time of that review: ' • Much attention will be paid by the Board to the preservation of existing landscaping, the promised arborist's report, and the final landscaping plan to ensure proper screening and appropriate site treatment. • The Board expressed concern regarding the site design. It was thought that /ess site coverage may be possible if the "U" shape of fhe building was defined differently. The development proposal is scheduled for review by the Board on December 6, 2006, I provided that a recommendation of approval is forward to the Town Council by the Planning and Environmental Commission. IV. ZONING ANALYSIS The proposed deviations to the prescribed development standards outlined by the underlying zone district, High Density Multiple Family, are listed in bold font. • Zoning: High Density Multiple Family (HDMF) Land Use Plan Designation: Village Master Plan Current Land Use: Village Master Plan Address: 74 Willow Road/Lot 8, Block 6, Vail Village 15` Filing Develoqment Standard Allowed Existin Proposed Lot Area: 10,000 sq. ft.(min.) 0.4854 acres (21,144 sq. ft.) no change Setbacks: . Front. 20 feet 8 feet 11' above 9rd. ~ ) Side: 20 feet 4 feet 7.5' (above grd.) Rear: 20 feet 5.5 feet 6.2' (above grd.) Bldg. Height: 45 ft. flaUmansard 48 feet 48 feet 48 ft. sloping Density: 12 dwelling units 28 dwelling units 9 Dwelling Units (+5 Lock offs) 9 Timeshare Units 1 EHU GRFA: 16,069 sq. ft. 18,607 sq. ft. 32,240 sq. ft. (76% of site area) (115% of allowable GRFA) (200% of allowable GRFA) 4 ~ Site Cvge: 11,629 sq. ft. (55%) 12,638 sq. ft. (-60%) 14,110 sq. ft. (-67%) Land. Area: 6,343 sq. ft. (30%) 2,848 sq. ft. 13°/o) 8,540 sq. ft. (40%) Parking: FFU = 0.7 sp/unit 42 spaces 29 spaces DU = 1.4 sp/unit EHU = 1.4 sp/unit 20.3 total spaces req'd V. SURROUNDING LAND USES AND ZONING* Land Use Zoninq North: Residential High Density Multiple Family South: Residential Two-Family Primary/Secondary East: Residential High Density Multiple Family West: Residential Two-Family Primary/Secondary (''See Attachment D for specific development standards of surrounding properties) VI. 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. Planninq 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. Desiqn 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. . VII. THE SPECIAL DEVELOPMENT DISTRICT DESIGN CRITERIA Chapter 12-9 of the Town Code provides for the establishment of special development q 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 developmenf plan for a Special Development District, in conjunction with the property's underlying zone district, shall establish fhe 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, activities and public benefits 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. 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. The Town Code provides nine design criteria which shall be used as the principal criteria in evaluating the merits of the proposed SDD. It is the burden of the applicant to demonstrate that submittal material and the proposed developmPnt 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. Following, is a staff analysis of the compliance with the nine SDD review criteria of the Willows Condominium Association's request: 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. The Willows site is located within a neighborhood of three to four story residential buildings which have been developed or redeveloped over the years with minimal buffer zones, but which have each maintained a unique intimate neighborhood identity, an alpine character, similar visual integrity, and orientation to either the mountain at the south or the creek to the north. A description of the specific development statistics of the surrounding properties has been attached for reference (Attachment D). The design of The Willows redevelopment proposal is quite compatible with that of its neighbors, in part due to the fact that Bishop Park and 44 Willow Place are products of ~ the same architectural entity responsible for the design of The Willows proposal. The scale of the proposed building is sensitive to and similar to that of surrounding buildings, i 6 • which range from occupying one half a city block (The Edelweiss) to appearing as single family dwellings (Bishop Park). The height of the proposed building (48') is very similar to that of surrounding buildings, which range from three to four stories. Regarding compatibility, the proposed building is similar to its surroundings partially because it includes some encroachment into the setbacks, similar to that of each of its neighbors, and less of a buffer zone than the underlying zone district requires. Many of the surrounding buildings are located within mere feet of the property lines. However, the neighborhood has been able to maintain its intimate residential feel as a result. Buffer zones have instead been provided through mature landscaping and variation of the building facades. The applicant has paid specific attention to the portions of the structure which overhang the setbacks and also approach neighboring buildings, particularly along the eastern (Riva Ridge South) and western (44 Willow Place) property lines and has designed a large courtyard and swimming pool along the eastern property line, partially to provide a "buffer zone" of sorts between the new building and its nearest neighbor (see Attachment E for illustration of the transformation of the site plan entitled "Different Design Outlines"). The subterranean improvements along the northern property line remain the greatest encroachment of the proposal, seconded by the encroachment into the setbacks along Vail Road at the southern property line. However, this area is less sensitive to design compatibility since no structures exist along the south of the property. At this time, the • amount of Gross Residential Floor Area located within the setbacks is 10,097 square feet, or 31% of the amount of proposed GRFA (32,240 square feet). The architectural design of The Willows redevelopment is governed by the Design Guidelines prescribed in Chapter 91, Design Review, of the Vail Town Code and by the recommendations Vail Village Master Plan. The proposed architectural design of the 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, stucco, wood, and copper which will be much better integrated into the surroundings than the existing brick and stucco building. Many of the design details are yet to be determined, as the Design Review Board has only reviewed the project conceptually. However, Staff believes that additional work with the Design Review Board will ensure optimal synchronicity with the surrounding architectural themes. Staff believes that the proposed project is compatible with and sensitive to the immediate environment and neighborhood relative to design, scale, bulk, building height, . buffer zones, identity, character, visual integrity and orientation because of the similarity of the design and placement of the building on its site to the design and placement of surrounding buildings on their sites. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed uses, activities, and density for The Willows development site provide a • compatible, efficient and workable relationship with surrounding uses and activity. The uses proposed within the new building are similar to what exists today and include multiple family dwelling units, which are a permitted use; timeshare units, which are a conditional use; and an Employee Housing Unit, which is also a conditional use (see 7 table below for employee housing requirements). Surrounding properties include • multiple family dwellings and short term rental units as well. Therefore, similar activity levels will result from the proposal as result today from the existing Willows building and its neighbors. The High Density Multiple Family (HDMF) district is intended to provide sites for multiple family dwellings at densities of twenty five (25) units per acre. The proposal to construct a multiple-family residential dwelling building with eighteen units per half acre exceeds that which is allowed. However, the overall density upon the site will be reduced; from 28 units to 18 dwelling and timeshare units and 1 Employee Housing Unit. Regardless, per Attachment D and the following section of the Urban Design Guide Plan, higher densities than are allowed by the underlying zone district are quite common, and even expected, in the Willows neighborhood. Although immediately adjacent to the mixed use developments found in the Commercial Core and Mixed Use sub-areas, the willow circle sub-area has retained an exclusively residential character. Condominium developments have occurred on all but one of the sub-area's parcels and many of these properties are actively "short-termed" to overnight guests. In most cases, parking has been provided in underground structures. This design feature, coupled with the Town-owned open space (Willow Circle Park), contributes to the pleasing appearance of this area. In most cases, the levels of development throughout this sub-area greatly • exceed what is allowed under existing zoning (High Density Multi-Family). Gross residential floor area ratios (GRFAR) range from .6 to 1.3, with an average of 1.01. With the exception of one parcel, all properties within this sub- area are, developed at, or over, their permitted levels of development. As such, there is little development potential left in this sub-area. Residential uses dominate this sub-area and are proposed to continue with the . exception of one potential commercial space at the east end of the sub-area facing Willow Bridge Road. This concept is discussed further under Sub-Area 2.2. Staff believes the uses (including the Employee Housing Unit, details below) and activity level resulting from the proposed Willows redevelopment are clearly compatible with those of surrounding uses and activity levels. Though the amount of GRFA exceeds what is allowed, Staff believes that the proposed density (1.5 FAR) is relatively compatible to the density levels expected in the Urban Design Guide Plan within this area. Employee Housing as a use is addressed further below. Emplovee Housinq Assessment 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 is appropriately addressed through the review process of SDD proposals. In reviewing the proposal for • employee housing needs, staff relies on the Town of Vail Employee Housing Report. The Employee Housing Report was prepared for the Town by the consulting firm Rosall, 8 • Remmen and Cares and provides the recommended ranges of employee housing units needed based on the type of use and the amount of fioor area dedicated to each use. The guidelines contained within the report were used most recently in the reviews of the Austria Haus, Marriott, Four Seasons, Manor Vail Lodge, SDD No. 6/Vail Village Inn, and the SDD No. 39/Crossroads development proposals. 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. Every community uses a different percentage to determine the amount of housing a developer must provide for its employees. Vail has conservatively determined that if a project is proposed at, or below, the density allowed by the underlying zone district, the 15% (0.15) figure is used. 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. However, because the number of dwelling units upon the Willows site will be reduced by ten, there was actually a reduction in the number of employees generated. Four (4) fewer employees than are currently generated will fulfill the proposed needs and uses of the site. . Proposed Willows Project Emplovee Generation Calculations - Middle of Ranqe a) Multi-Family (Dwelling Units) 18 new units proposed @(0.4/unit) = 7.2 employees Existing Willows Project Emplovee Generation Calculations - Middle of Ranqe a) Multi-Family (Dwelling Units) 28 units existina na (0.4/unit) = 11.2 emplovees Total net new 4 employees The applicant has no obligation to provide any employee housing units or beds because the housing requirement is only applied to developments for which an employee generation will occur. However, the applicant is proposing that one of the public benefits g ni of the project include the addition of one new onsite Employee HousinU t a nd five new employee beds elsewhere in the Town. This number was generated by the applicanYs desire to house 100% of the employees required for the scope of the new project. Using the Town's calculation that the average employee within the Town holds 1.3 jobs, the site creates a need for 5.5 employee beds (7.2 employees divided by 1.3 jobs each). . The applicant will deed restrict the units appropriately, depending upon the zone districts • in which the purchased properties are located. The off site employee housing beds will be provided through the purchase of units throughout Town (the "buy down" program) or through a pay-in-lieu program, if established by the Town prior to requesting a Temporary Certificate of Occupancy (TCO). C) Staff believes that the proposal for additional employee beds will be of substantial • benefit to the Town. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The proposed redevelopment plan complies with the parking and loading requirements outlined in Chapter 12-10. As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total number of required parking spaces for The Willows redevelopment project is 21 spaces (rounded up from 20.3 spaces). The applicants are proposing to provide a total of 29 below grade parking spaces. The applicant is proposing to fulfill its loading and delivery requirement through the provision of one loading "bay", which is to be located at the porte cochere entrance to the north of the building. The proposed area will be accessed from Willow Road. In a memorandum to the applicant dated October 20, 2006 (Attachment F), the Public Works Department outlined several outstanding items to be resolved. The applicant has since verified compliance with most of these issues, with the exception of the width of the driveway entrance and related signaling for ingress/egress and automobile safety reasons. Attachment G includes a reduced copy of the applicant's possible solution to this issue pending Public Works approval. Staff has addressed remaining Public Works issues as a condition of approval, to be resolved to the satisfaction of the Public Works Department prior as part of the request to establish a new SDD. • Staff believes that the application sufficiently complies with this criterion. D. Comprehensive Plan: Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. The goals contained in several of the Town's comprehensive, guiding documents are applicable during the review process for the establishment of a Special Development District. Staff has reviewed the Comprehensive Plans and outlined the applicable plan sections below as relevant to the review of this proposal. Vail Land Use Plan (in part) 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. 1.3 The quality of development should be maintained and upgraded whenever possib/e. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). • 10 i + • 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 4.2 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. 5.2 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 empioyee housing needs should be accommodated at varied sites throughout the community. Staff Response: • Staff believes that the outlined sections of the Vail Land Use Plan are being met, as the proposed development includes a balanced mix of residential uses, high quality redevelopment of the existing site, infill 11 development within the Village area, a better use of the bed base, • increased density, maintenance of Vail's ambiance, the provision of quality time share units, and provisions (via public benefit) for six new affordable beds. Vail Villaqe Master Plan (in part) The applicanYs proposed redevelopment site is located within the "Vail Village Master Plan" land use category. Staff believes that the following stated goals of the Vail Village Master Plan are applicable to this application: Goal #1: Encourage high quality redevelopment while preserving the unique architectural sca/e 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 facilifies. Objective 1.3: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. Policy 1.3.1: Public improvements shall be developed with the working participation of the private sector working with the Town. 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 2.3: Increase the number of residential units available for short term overnight accommodations. Policy 2.3.1 The development of short term accommodation units is 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 short term overnight rental. 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 may be required as part of any new • or redeveloped project requesting density over that allowed by existing 12 • 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. Goa/ #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, frees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible • from, public areas. Objective 3.4: Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access. Policy 3.4.2: 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 Recreafion Trails Master Plan. 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 oufside 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 5.1.3: Seek locations for additional structured public and private parking. ~ Policy 5.1.5: Redevelopment projects shall be strongly encouraged to provide underground or visually concea/ed parking. 13 Goal #6: To ensure fhe 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 other improvements in Vail Village shall be reviewed by respective Town Departments to identify both the impacts of the proposal and potential mitigating measures. Staff Response: Staff believes that the goals, objectives and policies of the Vail Village Master Pian are being met through the upgrading and redevelopment of the Willows facilities; through the provision of public improvements via ' private developers; an increase in the number of residential uses within ' the Village which are above allowable density, but which are available for short term rental; the development of an affordable housing unit and the provision of five more affordable beds; physical improvements to the pedestrian experience; the provision of public art; on-site concealed required parking; and service and delivery facilities that will improve automobile and pedestrian circulation and interaction along Willow Road. • • 14 , • WILLOW CIRCLE SUB-AREA (#2) ; ; ~ ° , ,~r' ; . W.».-.. ~ -,^up . r.'~ Wi,,,,,,•~~,~/' . . • ,,lc'"y. ~~'.r:.,,y . „ A ~ ~f{~ +'r , : ~ .,y . 'Y.."w,.. ! " ~yl ~ ? . Y f. ~r „ s s w y . ~r ~ u~=~. - - H~,, . :~t • ~ ~ ~ ~ . o ,~"~r~Fa ~F7", RrvER , ~ E ~ `T`'.:;,~- f/ i~:~; .r? ~,,j,~ „v~ ~ t`..~' ~•s~ r r > a • ~ dft W~ +~l ~ ~ . . ~ ~ w r ~ ? ~iw,/~r1', , - r ~.ei ? r a • s t r r 1G i 11 1 P ~A ~ . w. . r w « ~ . ~ ~ . • t~ ~ . w + ~ ,i~+.rrn ww+~r^«~'~wsrs ".C d s~ Yr?a w.vi ~sa ~{s~ ia ~ r'' ~ ~ ?Iwrw~+t• 1 rer ~ rrl f 1Jw~r rwwt ~~.r. r.,..~~'r.~, ? M w M v• ~..w. ~ Lr+.,,1~ w+~~ W f ~d / rs.~ •r•~~.•±r'~~~-t.wi ~ tt~ r ~ ~ ~ ~ ~ ~ • ~ i r r w .y ~ ~ ? s ~ ~ ~ . ~ ~'~t7~r .4~ / , ri ~M1wwii ~ r ~ a +R # i • . ,yy,y~,~y~ ' • r a ~ r r. • ~y i~3w7y yYi~,} ~ ~F.+"~ . ~ ~w • ~ 1! r r E r 4 JJ ~V/i['~7 } I Iyt r F • ~ ~ I ( l ~ ~l~y 1YM~~ -~rr ~ • ? . . • 'r~, • r~ ~ ~ ' ' : ~ ~~I~ ~ . . . . . . , . ,,...4,~nn^. .:'-..,,e ~ •n ....w' a . , „ . . Although immediately adjacent to the mixed use developments found in the Commercial Core and Mixed Use sub-areas, the willow circle sub-area has retained an exclusively residential character. Condominium develapments have occurred on all but one of the sub-area's parcels and many of these properties are actively "short-termed" to overnight guesfs. In most cases, parking has been provided in underground structures. This design feature, coupled with the Town-owned open space (Willow Circle Park), contributes to the pleasing appearance of this area. In most cases, the levels of development throughout this sub-area greatly exceed what is allowed under existing zoning (High Density Multi-Family). Gross residential floor area ratios (GRFAR) range from .6 to 1.3, with an average of 1.01. With the exception of one parcel, all properties within this sub-area are, developed at, or over, their permitted levels of development. As such, there is litfle development potential left in this sub-area. Residential uses dominate this sub-area and are'proposed fo continue with the exception of one potential commercial space at the east end of the sub-area facing Willow Bridge Road. • Staff Response: Staff believes that the residential character specified for this area, the 15 proposed short term rental opportunities, underground parking, and high • density residential uses are each congruent with the goals of the Master Plan as they were stated for the Willows Circle Sub Area. Vail Villaae Urban Design Guide Plan and Desiqn Considerations (in part) Certain aspects of the Vail Village Urban Design Guide Plan and Design Considerations apply to The Willows redevelopment site. Only those sections which Staff found applicable to The Willows redevelopment proposal are outlined below. 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 (illustration outlined in Plan and not included in this memorandum). Staff Response: An aspect of The Willows redevelopment public benefit involves providing an im"proved pedestrian experience through the construction of a paver walk and new asphalt drive lane. Additionally, the applicant is proposing to remove loading and delivery from Willow Road by constructing a porte cochere at the entry to the site. Staff believes that the "Pedestrianization" goal of the Urban Design Considerations is being upheld in this redevelopment proposal and its associated public benefits (see Attachment H for streetscape details). , 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 adjacenf fo 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. • 16 I • 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 enc/osed spaces, both built and landscaped, which create a strong framework for pedestrian walks, as well as visual interest and activity. Staff Response: Staff believes that the "Streetscape Framework" along Willow Road will be improved, through the architectural variation of the north edge of the building and roof ridges, the increased setback from Willow Road (from 15' to 23' at the main entrance to the building) and the proposed streetscape improvements. E. STREET EDGE Buildings in the Village core should form a strong but irregular edge to the streef. 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, other elements 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: Staff believes that the "Street Edge" as specified in the Urban Design Considerations will be preserved through "irregular fagade lines, building jogs, landscaped areas", low walls, front-facing patios, and other architectural aspects of the proposed plan. Additionally, the porte • cochere will further vary the street edge, which Staff believes is congruent with this aspect of the Design Considerations. 17 l. 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 substanfially 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 applicant has submitted a sun/shade analysis which reflects the shadow of the proposed Willows building at three separate times of the year; March, September, and December (Attachment I). It appears that the most notable areas of new shading will occur along the 44 Willow ' Road building and property during the winter months. This increased shading is likely a result of the increased mass of the building at the southern half of the property, replacing the area that is currently • designated to the above grade parking structure. Staff believes that the uses "underneath" the newly shaded uses will not be negatively affected, because the shadows primarily occur over the driveway aisle entrance to the new Willows building (which drive is heated) and along the property line of 44 Willow Road, which does not appear to be a common pedestrian or use corridor. Regarding the spring and fall shadow lines, Staff believes that since the height of the proposed building is essentially the same as the height of the existing building, the shadows cast during those seasons will primarily occur upon the Willows property, with some shadow overlap onto the 44 Willow Road property. Overall, Staff believes that the sun/shade analysis will not negatively impact the use of the affected areas. 2. ARCHITECTURE/LANDSCAPE CONSIDERATIONS ROOFS Where visible, roofs are often one of the most dominant architectural elements in any built environment. In the Village roof form, color and texture are visibly dominant, and generally consistent, which tends to unify the building diversity to a great degree. The current expression, and , objective, for roofs in the Village is to form a consistently unifying backdrop for the architecture and pedestrian streetscape, and to avoid I roofs, which tend to stand out individually or distract visually from the 18 ~ overal! character. Roof Forms Roofs within the Village are typically gable in form and of moderate-to-low pitch. Shed roofs are frequently used for small additions to larger buildings. Freestanding shed roofs, butterfly roofs and flat roofs can be found in the Village but they are-generally considered to be out of character and inappropriate. Hip roofs likewise are rare and generally inconsistent with the character of the Core Area. Towers are exceptions, in both form and pitch, to the general, criteria, but do have an established /ocal vernacular style, which should be respected. Pitch Roof s/opes in the Village typically range from 3112 to 6112, with slightly steeper pitches in limited applications Again, for visual consistency this general3/12-6/12 range should be preserved. (See Construction below) Overhangs Generous roof overhangs are also an established architectural feature in the Village - a traditional expression of shelter in alpine environments. Roof overhangs typically range from 3 to 6 feet on all edges. Specific design consideration should be given to protection of pedestrian ways adjacent to buildings. Tee falls, snow slides, and runoff hazards can be reduced by roof orientation, gutters, arcades, etc. ~ Overhang details are treated with varying degrees of ornamentation. Structural elements such as roof beams are expressed beneath the overhangs, simply or decorafively carved. The roof fascia is thick and wide, giving a subsfantial edge to the roof. Compositions The intricate roofscape of the Village as a whole is the result of many individual simple roof configurations. For any single building, a varied but simple composition of roof planes is preferred to either a single or a complex arrangement of many roofs. As individual roofs become more complex, the roof attracts visual attention away from the streetscape and the total roofscape tend toward "busyness" rather than a backdrop composition. Stepped Roofs As buildings are stepped to reflect existing grade changes, resulting roof steps should be made where the height change will be visually significant. Variations which are too subtle appear to be more stylistic than functional, and out of character with the more straightforward roof design typical in the Village. Materials Wood-shakes, wood shingles, and built-up tow and gravel are almost exclusively used as roof materials in the Village. (See Construction ~ below.) For visual consistency, any other materials should have the appearance of the above. 19 Staff Response: ~ The applicant is primarily proposing gabled roof forms, with the exception of several secondary shed roof forms and one tower element above the entryway to the site. Overhangs occur at every roof edge, with an average overhang of three and a half feet (3 1/2 The pitches of the proposed roof range from 2:12 in one area to 12:12 at the tower element, with the majority of forms portraying a 4:12 - 6:12 pitch. The applicant is proposing to locate most of the mechanical equipment within the lower parking structure level. However, all additional mechanical equipment designated for rooftop use will be placed along the single flat portion of the roof and screened by a parapet wall. The screening and design will be discussed further by the Design Review Board. Staff believes that the proposed plans adequately comply with the Roof guidelines specified within the Design Considerations. FACADES Materials Stucco, brick, wood (and glass) are the primary building materials found in the Village. While not wishing to restrict design freedom over-much, existing conditions show that within this small range of materials-much variation and individuality are possible while preserving a basic harmony. Too many diverse materials weaken the continuity and repetition, which unifies the streetscape. ~ Of the above materials, sfucco is the most consistently used material. Most of the buildings in fhe Village exhibit some stucco, and there are virtually no areas where stucco is entirely absent. If is intended to preserve the dominance of stucco-by its-use in portions, at least, of all new facades, and by assuring that other materials are not used to the exclusion of stucco in any sub-area within the Village. Co/or The intent of these regulations regarding color shall be to provide greater latitude in the use of color in Vail Village in order to create visual interest and to enliven the area. Colors used should retain a discernible consistency within a general range of colors relating well to the colors II found in the surrounding mountain backdrop of Vail, but need not be specifically found in that environment. All colors used shall relate to the colors of the natural materials found on the buildings like wood tones, slate roof colors, stone colors and the like. Additionally all building colors shall work with the colors of the buildings in proximity as well as with all natural landscape materials found nearby. While there is no restriction per se on specific hues, primary colors of high chroma shall not be used on building surfaces but can be used in a limited fashion for accents. Body colors, both siding and stucco, shall be is rich and lively but must be less chromatic shades, which relate to natural 20 . colors and can be either light or dark. All stucco shall have a flat finish. Generally, to avoid both "busyness" ; and weak visual interest, the variety of major wall colors (and materials - excluding glass) should not exceed four nor be less than two. A color/material change between fhe ground floor and the upper floors is a common and effective reinforcement of the pedestrian sca/e of the street. High chroma colors can be used for signage, accents, doors, canopies, wall graphics and other streetscape (see E. Accent Elements).similar elements as long as they do not dominate either the building they are used on, the adjacent buildings, or the The color schemes for all properties shall be considered on a case-by- case basis. 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 buildings. Transparent store fronts are "peop/e attractors"; opaque or 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. As a measure of transparency, the most characteristic and successful ground floor facades range from 55% to 70% of the total length of the commercial facade. Upper floors are often the converse 30%-45% transparent. Staff Response: The proposed building is composed of a variety of wood, stucco, and stone, all of which are specified as preferable for use within Village areas. Natural colors will be used, though the specifics of number and location of colors will be discussed between the Design Review Board and the applicant in subsequent meetings. A material change is specified between floors and the amount of transparency at the lower floor is greater than that of above floors, in spite of the lack of any commercial space. Staff believes that the applicant is fully compliant with the "Facades" section of the Urban Design Considerations. • WINDOWS In addition to the general degree of transparency, window details are an important source of pedestrian scale-giving elements. 21 The size and shape of windows are often a response to the function of • the street adjacent. For close-up, casual pedestrian viewing windows are typically sized to human-sized dimensions and characteristics of human vision. (Large glass-wall storefronts suggest uninterrupted viewing, as from a moving car. The sense of intimate pedestrian scale is diminished.) Ground floor display windows are typically raised slightly (sic) and do not extend much over 8 feet above the walkway level. Ground floors which are noticeably above or below grade are exceptions. The articulation of the window itself is still another element in giving pedestrian scale (human-related dimensions). Glass areas are usually subdivided to express individual window elements - and are further subdivided by mullions into small panes - which is responsible for much of the old-world charm of the Village. Similarly, windows are most often clustered in banks, juxtaposed with plain wall surfaces to give a pleasing rhythm. Horizontal repetifion of single window elements, especially over long distances, should be avoided. Large single pane windows occur in the Village, and provide some ~ contrast, as long as they are generally consistent in form with other windows. Long continuous g/ass is out of character. Bay, bow and box windows are common window details, which further • variety and massing to facades - and are encouraged.. Reflective glass, plastic panes, and aluminum or other metal frames are not consistent in the Village and should be avoided. Metal-clad or plastic clad wood frames, having the appearance of painted wood have been used successfully and are acceptable. Staff Response: The architecture of the building includes provision of subdivided glass, which the Considerations point out as integral for Village applications. There is some horizontal replication of glass at the lowest level, an item which Staff will address before the Design Review Board at the appropriate time. Overall, Staff believes that the architecture meets the intent of the "Windows" specifications of the Urban Design Considerations. DOORS Like windows, doors are important to character and scale-giving architectural elemenfs. They should also be somewhat transparent (on retail commercial facades) and consistent in detailing with windows and other facade elements. Doors with glass contribute to overall facade transparency. Due to the visibility of people and merchandise inside, windowed doors are . somewhat more effective in drawing people inside to retail commercial 22 • facades. Although great variations exist, 25-30% 1 transparency is felt to be a minimum transparency objective. Private residences, lodges, restaurants, and other non-retail establishments have different visibility and character needs, and doors should be designed accordingly. Sidelight windows are also a means of introducing door transparency as a complement or substitute for door' windows. Articulated doors have the decorative quality desired for Vail. Flush doors, light aluminum frames, plastic applique elements all are considered inappropriate. NOTE: Security is an important design consideration in Vail. Deadbolt locks are encouraged. Locks, door handles and g/ass should all be designed to discourage break-ins. Security-design discussions with the Town police staff are encouraged. As an expression of entry, and sheltered welcome, protected entryways are encouraged. Doorways may be recessed, extended, or covered. Staff Response: The applicant is proposing to construct doors with glass and a porte cochere (i.e. "protected overhang") at the entrance to the building, thus • satisfying the "Doors" specifications of the Urban Design Considerations. TRIM Prominent wood trim is a/so a unifying feature in the Village. Particularly at ground floor levels, doors and windows have strop, contrasting (see Color-Facades) framing elements, which tie fhe various elements together in one composition. Windows and doors are treated as strong visual features. Glass-wall defailing for either is typically avoided. Staff Response: The applicant is proposing to add wood trim to the fenestration at all levels of the building. Staff believes that the applicant thus satisfies the "Trim" specifications of the Urban Design Considerations DECKS AND PATIOS Dining decks and patios, when properly 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. A review of successful decks/patios in Vail reveals several common characterisfics: - direct sunlight from 11:00 - 3:00 increases use by many days/year and • protects from wind - elevated feet to give views into the pedestrian walk (and not the reverse) -4 - physical separation from pedestrian walk of to (planter better than a wall) overhang gives pedestrian sca/e/ shelter. • Decks and patios should be sited and designed with due consideration to: - sun - views - wind - pedestrian activity Staff Response: According to the submitted elevation drawings, the applicant is proposing to add approximately eighteen (18) decks and two (2) patios to the north side of the building alone. Similar numbers of decks, balconies, and patios are located upon other elevations of the building. Staff believes that the decks proposed upon the building will offer views upon the pedestrian walk at Willow Road at the north elevation, direct sunlight during many days of the year at the south elevation, and physical separation from adjoining residential uses at the east and west elevations. Staff believes that through these provisions, the applicant thus satisfies the "Decks and Patios" specifications of the Urban Design Considerations. BALCONIES Balconies occur on almost all buildings in the Village which have at least a second level facade wall. As strong repetitive features they: - give sca/e to buildings • - give life to the street (when used) - add variefy to building forms ' - provide shelter to pathways below. The prominence of balcony forms is due to seVeral fairly common characteristics: Co/or They contrast in color (dark) with the building, typically matching the trim colors (see Facade-Color). Size They extend far enough from the building to cast a prominent shadow pattern. Balconies in Vail are functional as well as decorative. As such, they should be of useable size and located to encourage use. Balconies less than six feet deep are seldom used, nor are fhose always in shade, not oriented to views or street life. Mass They are commonly massive yet semi-transparent, distinctive from the building, yet allowing the building to be somewhat visible behind. Solid balconies are found occasionally, and tend to be too dominant obscuring the building architecture. Light balconies lack the visual impacf which ties the Village fogether. • 24 • Materials Wood balconies are by far the most common. Vertical structural members are the most dominant visually, often decoratively sculpted. Decorative wrought iron balconies are also consisfent visually where the vertical members are close enough to create semi-transparency. Pipe rails, and plastic, canvas or glass panels should be avoided. Construction Cantilevered beams, beams extended to support the balcony, are most often visibly exposed on the underside of balconies. As such they are an expression of structure and tie the balconies to the building visually. Staff Response: According to the submitted elevation and plan drawings, the proposed balconies range from three feet (3) to eleven feet (11') in depth, likely of a significant enough depth to cast a shadow. The proposed decks will be constructed of wood, and most will include vertical structural members. Specific aspects of color will be discussed by the Design Review Board. Staff believes that the applicant has satisfied the "Balconies" specifications of the Urban Design Considerations. ACCENT ELEMENTS The life and festive quality of the Village is given by judicious use of • accent elements which give color, movement and contrast to the Village. Colorful accent elements consistent with existing character are encouraged, such as: Awnings and canopies - canvas, bright color or stripes of two colors. Flags, banners - hanging from buildings, po/es, and even across streets for special occasions. Umbrellas - over tables on outdoor patios. Annual color flowers - in beds or in planters. Accent lighting - buildings, plazas, windows, trees (even Christmas lights all winter). Painted wall graphics - coats of arms, symbols, accent compositions, etc. Fountains - sculptural, with both winter and summer character. Staff Response: Specific aspects of accent elements will be discussed by the Design Review Board. Staff believes that "Accent Elements" specified within the Urban Design Considerations will be well addressed at that time. LANDSCAPE ELEMENTS Landscape considerations include, but go beyond, the placement of appropriate planf materials. Landscape considerafions include: • - plant materials - paving - retaining walls 25 - street furniture (benches, kiosks, trash, etc.) • - lighting - signage P/ant Materia/s Opportunities for planting are not extensive in the Village, which places a premium on the plant selection and design of the sites that do exist. Framework planting of trees and shrubs should include both deciduous and evergreen species for year round continuity and interesf. Native plants are somewhat limited in variety, but are clearly best able to withstand the harsh winter climate, and to tie the Village visually with its mounfain setting. Some typical local plant materials include: Trees Shrubs Narrow-leaf Willow cottonwood Dogwood Balsam poplar Serviceberry Aspen Alpine currant Lodgepole pine Chokecherry Co/orado spruce Mugho pine • Subalpine fir Potentilla Buffaloberry Pavinp The freeze/thaw cycle at this altitude virtually eliminates common site- cast concrete as a paving surface (concrete spall). High-strength concrete may work in selected conditions. Asphalt brick (on concrete or on sand), and concrete b/ock appear to be best suited to the area. In general, paving treatments should be coordinated with that of the public R.O. W.• adjacent. The Town uses the following materials for all new construction: - asphalt - general use pedestrian streets - brick on concrete - feature areas (plazas, intersections, fountains, etc.) Retaininq Walls Retaining walls to raise planting area often protects the landscape from pedestrians and snowplows, and should provide seating opportunities. Two types of material are already well established in the Village and should be utilized for continuity. - split-face moss rock veneer - Village Core pedestrian streets (typical) - rounded cobble hidden mortar - in open space areas if above type not • already established nearby. (example: Town of Vail entry wall) 26 • Wood retaining walIs are strong1y discouraged due to deterioration caused by the harsh climate. They may be etfectively used with appropriate detailing to resist rot and express crafted joint conditions. Li htin Light standards should be coordinated with those used by the Town in the public R. O. W. Siqnaqe ~ Refer to Town of Vail Signage Ordinance. Colorful annuals are used in key locations throughout the Village to accent pedestrian areas, highiight building entries, and as plaza focii. These color accents can be provided in: ~ - retained planfing beds ~ - flower boxes ~ - hanging pots, baskets - ground beds Staff Response: Currently, the applicant has submitted a general landscape plan signifying landscaping between structures at the east and west sides of the property • and landscaping along the entire southern property line. Specific landscaping materials have yet to be specified. However, Staff is confident that "Landscape Elements" will be well addressed to the satisfaction of the Design Review Board at the appropriate time. E. Natural andlor Geologic Hazards: 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 Willows development site is not located in any geologically sensitive areas. Therefore, 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 each of the required setbacks upon the property. However, the site design reflects areas of less encroachment into the sensitive areas between buildings. Additionally, less encroachment now occurs at the above grade portions of the north side of the building than has occurred previously. The areas of greatest encroachment occur at the south • side of the property, adjacent to Vail Road. Staff believes that the site plan signifies a functional development that is responsive to natural features and the overall aesthetic quality of the community. 27 I 4 The building design is quite simi(ar to that of recently renovated or rebuilt structures in • the vicinity. The applicant has stated that each of the notable existing trees upon the site will be able to be maintained throughout construction, though submittal of an I arborist's report stating the same is pending, per the Design Review Board's request. The south side of the property is the only area in which some grade change naturally ' occurs upon the property. However, due to the similar locations of the existing parking ~ structure and the proposed new building, extensive site changes and reconfiguration will i be unnecessary. Therefore, Staff has found that the design is responsive and sensitive to natural features, vegetation and the aesthetic quality of the neighborhood. The proposed location of the building upon the site is the result of consideration for both the interest of the existing and future Willows owners as well as the interests of surrounding neighbors to the east and west. The open space areas proposed upon the redeveloped property pay respect to the adjacent property owners and the future owners of the proposed units, particularly the areas of lower height at the west side of the building, and the courtyard area at the east side of the building. Staff believes that the applicant has proposed a responsive and sensitive design upon the subject site. G. Traffic: 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 the site design and vehicular and pedestrian interaction are satisfactory. Following the review of the plans, the Public Works Department forwarded their written final comments in a memorandum dated October 20, 2006 (Attachment F). Subsequently, an additional site plan and a revised driveway proposal have been submitted by the applicant, both of which address the comments within that memorandum. Staff has requested that as a condition of approval of this SDD request all remaining items be addressed to the satisfaction of the Public Works Department prior to building permit submittal. Staff is confident that outstanding items will not be of primary importance to the PEC. A traffic report has been submitted by the applicant which addresses weekday peak trip generation rates (Attachment J). An overall decrease in the number of AM and PM peak hour trips will occur with the construction of eighteen (18) dwelling units, ten fewer , dwelling units than exist today. The interaction between pedestrians and vehicles along Willow Road is expected to improve due to the applicant's proposal for streetscape ' improvements, including an eight foot paver pedestrian sidewalk, and a twelve foot ~ newly-paved right-of-way lane. Currently, no curb and gutter or sidewalk exists along I Willow Road. Additionally, the proposed porte cochere will lessen the amount of I temporary parking which occurs along Willow Road currently. Staff believes that the applicant has designed a circulation system that will result in improved functionality for both vehicles and pedestrians and which addresses well the issues of on and off site traffic circulation. • 28 ~ H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The proposed building is shaped as a"U", providing a large open plaza area at the east side of the property which includes heavy landscaping, the recreational amenity of a pool for owners and guests, and views to and from the mountain. Additional landscaping is being proposed along the northern (front), western, and southern property lines to allow for screening to and from the proposed Willows building. Staff believes that additional meetings with the Design Review Board will allow for even more improvement to the landscaping proposal. However, Staff finds that the landscaping proposal, as submitted today, has achieved optimization and preservation of natural features, such as the grade to the rear of the property; recreation, in the provision of an onsite pool and spa; views, both for homeowners towards the mountain and towards the park; and functions for owners and guests of the Condominiums. 1. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant is proposing to construct the project in one phase. No subdivision of the property will be necessary to facilitate the development of the project. Staff believes that • the proposal complies with this criterion. VI11. 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. 40, The Willows, located at 74 Willow Road/Lot 8, Block 6, Vail Village 1 St Filing. 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 applicant's request, staff recommends that the following findings be made as part of the motion: Special Development District No.40, The Willows "Thaf the proposal to establish Special Developmenf District No. 40, The Willows, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public • benefits provided. Lastly, the Commission finds that the request is consistent with the development goa/s and objectives of fhe Town. 29 With regard 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 ViFlage 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 solufions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. With regard to proposed Gross Residential Floor Area, that: a. The proposed gross residential floor area of 200% of the allowable, and the additional six dwelling units over the allowable, or 150% of the allowable number of units in the High Density Multiple Family zone district, are in conformance with applicable elements of the Vail Comprehensive Plan. Wifh regard to proposed site coverage, that: • a. Though the proposed site coverage of 67% of the site exceeds that which is allowed within the High Density Multiple Family zone district, the proposed above grade, or perceived, site coverage of 50% of the site area is in conformance with the 55% site coverage allowance within the High Density Multiple Family zone district and is in conformance with the applicable elements of the Vail Comprehensive Plan. That the development is in compliance with the purposes of the High Density Multiple Family zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, the Vail Streetscape Master Plan, and the Vail Village Urban Design Guide 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. " 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. 40, The Willows: 1. The Developer shall prepare a written agreement, for Town Council review and ~ approval, outlining the responsibilities and requirements of the stated public 30 • benefits, as indicated within this memorandum. This agreement shall include, but not be limited to, the provision of one Employee Housing Unit onsite; the provision of five employee beds offsite, provided through contribution to a pay-in- lieu system or purchased through the "buy down program"; all streetscape improvements along Willow Road, including an eight foot (8') paver sidewalk for pedestrians and a twelve foot (12') wide right-of-way lane; and details for a specific provision of public art, which amount and location shall be determined by the applicant and reviewed with the Art in Public Places 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); 1. The Developer shall comply with all outstanding final comments of the Town of Vail Public Works Department outlined in the attached memorandum dated October 20, 2006. 2. The Developer shall ensure that the proposed redevelopment plans comply with all requirements of the Town of Vail Fire Department. 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 commence initial construction of the Willows improvements ~ within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 40, 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. 2. The Developer shall provide one deed-restricted housing unit onsite that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) and secure five (5) additional beds within the Town of Vail, as stated in the written agreement to be drafted for the passage of Special Development District No. 40. X. ATTACHMENTS A. Vicinity Map B. ApplicanYs Request and Application Forms C. Reduced plans of the proposal dated November 6, 2006 D. Adjacent properties development summary E. Different Design Outlines diagram • F. Public Works memo dated October 20, 2006. G. Driveway option plan dated November 6, 2006. H. Proposed Streetscape drawings dated November 8, 2006. 31 i. Sun/Shade Analysis dated November 7, 2006. J. Traffic report and site distance diagram from Alpine Engineering dated October • 12, 2006. K. Gross Square Footage of Units by Floor, dated October 13, 2006. L. Public Notice M. Adjacent owners mailing list N. Letters from Public ~ • 32 ,~~~,13,~ ~ * ~ ~ Attachment A , .~4 ~ ~ ; ~ ~ ~ ~'.rt ` v. ~8'"°'~rr ~w+~•~.'~ ~Y'.~, ~ ~1. li ~ i'f~l ~ ~:.wr_ ~ ~ p ~ d~ •r i ~ ~ W ~r ~ 3 ~ ~ . ' •,~~.t !y ra ~ . ~'~r +ly~,~.`u~ P y ~ °4`~~~+Mv.~' .a . £ . if g, try ' ~ ~ xw ?G . riC• ~ i r~ ~ ~ ~ . ~ N u rA , P 44 ~f1 ~r,~ 'iW~s~~~°~~,~' ~~~•~~,;~t ~"''w -"""T'«i~ + .t. .i~a'"~'~ . 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N4 r 1- . 00"W 5 ~i. . ~r i~h~K• .l*,c~F ~ f z y° 3' _i, ar . ~ -14 M~~ k ~ . 1~ Y~~~ yT 4 M M~ tl 3 t• ~ - #-S~ !at ~ I , ~ . ~ ,.5+ ~ ~ r n ,a~ y 1' Na . ;.r? . ~ ° - ~ • i I THE WILLOWS A NEW TOWN OF VAIL SPECIAL DEVELOPMENT DISTRICT Applicant Triumph Development, LLC in parinership with The Willows Condominium Association Inc. Architect • Resort Design Associates International Civil Engineer Alpine Engineering, Inc. Land Planning Pylman & Associates, Inc. ~ ~ TABLE OF CONTENTS 1.0 Introduction 1. 1.1 Summary of Request 1. 1.2 Purpose of Report 2. 2.0 Existing Conditions 3. 2.1 The Willows History 3. 3.0 Proposed Plan 5. 3.1 Project Description 5. 3.2 Architectural Design 7- 3.3 Utilities 7• 3.4 Detailed Zoning Analysis 8. 3.5 Employee Housing 12. • 3.6 RentalOpportunities 14. 3.7 Public Benefits 15 4.0 Special Development District Review Criteria 17. 5.0 Conditional Use Permit Review Criteria 21. 6.0 Town of Vail Compre6ensive Plan and Master Design 23. 7.0 Key Features 27• Attachments: Town of Vail application form Letter of authorization Architectural plans and topographic site survey ~ • 1.0 INTRODUCTION 1.1 Summary of Request The WiIlows Condominiums is truly one of Vail's early residential buildings. Originally developed by Bob Lazier over the span of two years, from 1970 to 1971, the four story brick and stucco ciad building has been well maintained but has changed very little over the past 36 years. There is very little ownership turnover in the Willows and most of the owners have been involved in the building, and in the community, for many years. Due to several factors, including,the age of the building, the original construction methods and updated life safety code requirements, the owners are facing a significant capital investment requirement. -The Willows Condominium Association has spent considerable time investigating various options and opportunities. This application represents a request for the establishment of a new Special Development District in the Town of Vaii to aliow the owners and a development partner, Triumph Development, LLC, to pursue an opportunity to redevelop the Willows building in a manner that addresses the goals of the owners and also addresses many of the goals of the Town of Vail that are articulated in various master planning documents. The existing Willows Condominiums • building, like most of the buildings in the Willow Circle neighborhood, is non- conformmg to almost every development standard of the High Density Multiple Family Zone District (HDMF). The applicants believe that this application represents the type of ' flexibility and creativiry in the development of land in order to promote its most appropriate use" that the Special Development Zone District was designed to encourage. The owners at The Willows understand that change for the Willows building is necessary yet they also have a deep affinity for their neighborhood and feel very strongly about protecting the existing character of Willow Circle. The owners have worked very carefully with Triumph Development to create a thoughtful solution that will not impact the character of the neighborhood in a negative manner. The redevelopment proposal will not increase the building height and will maintain conformance with the height allowance of the HDMF Zone District. In fact, the new building height will be lower than the existing building in some areas. The proposal results in a net decrease in the number of units on site, increases the amount of landscape area, creates a greater setback from Willow ~ Road and maintains a similar number of activelY rented beds. The redeveloPed active beds will be a tremendous im rovement m tin p fro the exis g accommodations. ~ 1 ~ I , . • 1.2 Purpose of Report The purpose of this report is to provide informarion relative to an application for a Town of Vail Special Development District (SDD) zoning designation and for a Town of Vail Conditional Use Permit (CUP). Submitta.l requirements for the formal establishment of an SDD and for the review of a Conditional Use Permit are set forth in the Town of Vail development regulations. This application complies with all of the submittal requirements as outlined in the Town of Vail SDD Application Form and CUP Application Form packets. • ~ 2 , • 2.0 EXISTING CONDITIONS 2.1 The Willows History The Willows Condominiums are located at 74 Willow Road on Lot 8 Block 6, Vail Village l' Filing. The lot size is 0.4854 of an acre (21,144 square feet). The site is bounded on the west by 44 Willow Place, on the east by the Riva Ridge South Condominiums, on the north by Willow Road and on the south by Vail Road. The Bishop Park Special Development District is located just across Willow Road. The four story building consists of twenty-seven identical 596 square foot Qne- bedroom units and one studio unit of 446 square feet. The upper three floors each have eight of the one-bedroom units located off of a central comdor with an exit stair located at each end of the building. The ground level consists of three of the identical 596 square foot one-bedroom units, a one-bedroom managers apartment, a management office, a small hot tub and sauna room and a front desk and common lobby area. An elevator in the lobby adjacent to the west stair tower also provides access to the upper floors. The building construction technique utilized a pre-stress concrete "T" beam • system for the building floors/ceilings. This type of concrete structural system limits the ability to make any kind of significant remodel or upgrade to the existing building. The existing floor to ceiling clear height to the bottom of the concrete "T's " is seven foot six inches. The building does not have a fire , suppression sprinkler system. The concrete structural system will make the installation of a fire sprinkler system very difficult and will be both expensive and unsightly. The seven foot six inch clearance height would most likely be further compromised. The exterior brick and stucco skin of the building has been well maintained but it no longer meets the level of quality of building materials of the immediate neighborhood. The rear yard of the lot is occupied by a two-story open air concrete parking structure that has approximately forty-two spaces. This thirty-six year old parking deck has significant structural issues and is a candidate for complete removal and reconstruction in the near future. The existing building is non-conforming to almost every development standard of the High Density Multiple Family Zone District (HDMF). The HDMF Zone District allows a density of twenty-five units per acre. This equates to an allowable density of twelve units on the 0.4854-acre site. The existing building consists of twenty-eight units. The building or the parking structure encroach well into every required setback, the site coverage exceeds the 55% maximum, ~ the minimum landscape requirement of 30% of the site area is not even close to 3 • conformance and the building exceeds the allowable GRFA limitation. The only HDMF development standard that is met by the current building is the 48' building height. The Willows Condominiums has always been governed by a very interesting and unique set of condominium association documents and covenants. The twenty-eight units are each owned in fee simple. There are currently twenty- six owners, with two owners each holding title to two units. The condominium declarations restrict the owner of each unit to thirty days of summer use and thirty days of winter use. All of the other time the units are placed in an actively managed rental pool. Each unit owner is a partner in the Willows Management Company, which provides the management, marketing and rental operations. Each of the twenty-seven one-bedroom units is identical in floor plan and in decor. Since the completion of the building in 1971 all of the units have been maintained and furnished in an identical manner. Owners have not, and are not allowed to, make any individual upgrades or to conduct remodels of their own unit. In fact, while using the property, owners often stay in the most desirable unit available and not necessarily in the unit to which they actually hold title. Since all of the units are finished and furnished in an identical manner the upper floor • mountainside units tend to be favored. This type of condominium declaration is fairly unique and appears to be a predecessor to the fractional fee concept. 4 • 3.0 PROPOSED PLAN 3.1 Project Description The Willows Condominium Association and Triumph Development have spent the better part of the past year carefully studying remodel and redevelopment opportunities that would address the needs of the building, and the various goals and objectives of the homeowners, Triumph Development, the neighbors and the Town of VaiI. ~ The relatively near term building needs include: • a complete demolition and reconstruction of the-parking decks. • installation of a fire sprinkler system to meet current building codes and Town of Vail Fire Department requirements. • a significant upgrade or complete replacement of the electrical, heating and ventilation system. • a complete renovation of the interior of all twenty-eight units and all common spaces. • • an upgrade/replacement of the original brick and stucco exterior building facades. The overwhelming majority of existing owners wish to retain some ownership and use of the building. However, the scope of improvements required, the ' capital investment required and the difficulties of working with the existing I concrete structural "T" system to upgrade units and common areas create an I overwhelming task for a homeowners association to address. This coupled with the realization that after all that capital investment and construction effort, the owners would still each have a 596 square foot unit with a seven foot six inch ceiling height has led to a conclusion that the best course of action for the owners is to redevelop the site to a standard appropriate to the neighborhood and the community. The fact that no individual owner has invested significant sums of money in specific remodel projects or is emotionally vested in a particular unit location lends itself well to this type of group consensus. There are probably very few if any other condominium buildings in Vail that have a similar set of circumstances. The Triumph Development, LLC and Willows Condominium Association partnership proposes to completely remove and replace the existing twenty-eight • 5 ~ T • unit building with a new building that will include nine two-bedroom fractional fee units and nine whole ownership units. The nine fractional units will be divided as 1/4 shares, resulting in thirty-six available shares. Each of the existing Willows twenty seven 596 square foot, thirty-six year old one-bedroom units and the 446 square foot studio unit will be exchanged for one 1/4 share fractional fee ownership of a brand new beautifully finished two-bedroom unit of approximately 1200 square feet in size. The existing Willows Condominium Association will receive title to the remaining two units (eight 1/4 shares). Although these shares may eventually be sold to individual buyers the initial concept is that the Willows Condominium Association will hold these shar.es for several years and place them in the active rental pool. All nine of the fractional units will be subject to a similar use restriction as the existing Willows units. The owner of each 1/4 share will be allowed four weeks of summer use and four weeks of winter use. The remaining four weeks of each 1/4 share will be placed in the rental pool. The Willows Association will continue to operate an active rental and management program. The nine whole ownership units will be marketed for sale. Five of the whole ownership units have been designed to include a bedroom with lock-off capability. Each of the five lock-offs may be accessed and rented separately from • the primary unit. The redeveloped Willows building also includes an on-site Employee Housing Unit. This unit, located in a very desirable ground floor corner of the building, is designed as a 670 square foot one-bedroom unit. This EHU will be subject to the standard Town of Vail EHU deed restriction and will be made available for sale. The new building will also include a full front desk operation, a common lobby area and a separate library room. The design includes an extensively landscaped courtyard with a swimming pool and spa facility. This pool garden will be a tremendous amenity to the site and will be a focal point for both guests and owners. The new Willows will consist of three and four story building forms and will not exceed the building height allowance of the existing HDMF Zone District. The building will actually be lower than the existing building in some areas. The redesign will also pull the building back further from the street, increasing the front setback area. Existing landscape wall improvements will be removed from the street right-of-way. The area available for landscaping treatment is significantly increased and all required parking will be located in a completely enclosed parking garaae directly below the building. • 6 ' r 3.2 Architectural Design • Resort Designs Associates International is the project architect for the redeveloped Willows building. Gordon Pierce, Principal of RDAI, is the lead design architect for the project. Gordon has designed many of the most notable buildings in Vail Village and is well versed in the design style that forms the fabric of the Vail Village urban design pattern. Gordon also designed two of the adjacent buildings to the Willows, 44 Willow Place and the Bishop Park Special Development District. The architectural design of tbe proposed building will be a dramatic upgrade from the original Willows building in style, form and materials. The intent of the design is to establish a high level of quality and character that is sensitive to the neighborhood and pays tribute to the alpine design style of Vail Village. The three and four story building heights create a simple but varied form that is very compatible with adjacent buildings. The building is designed with a strong stone base, stucco,and wood materials on the main massing forms and a steep well articulated roofline with gable dormers and hip roof forms at the building ends. The building forms provide articulation across the fagade and the well- developed window patterns and the wood railings of the numerous balconies provide for interesting and welcoming elevations. The stone, stucco and wood siding materials, the generous roof overhangs, the • wood balcony railings and the small pane, true divided light window elements are all consistent with the Vail Village Urban Design Plan and with the established character of Vail Village. ' A covered porte-cochere creates a focal point for the front door and provides a weather protected entrance. This creates a significantly improved check-in and loading function and will reduce congestion caused by cars temporarily parking on Willow Road during the check-in procedure. 3.3 Utilities Water and sanitary sewer mains are located within Willow Road and should be adequate to serve the redeveloped building. Alpine Engineering, Inc. is the project engineer and will work closely with town staff and the utility service providers to ensure appropriate utility connections are designed and implemented. Natural gas, cable television and telephone services are all available at the site. • 7 T ~ 3.4 Detailed Zoning Analysis A. Proposed Uses The HDMF Zone District allows for multiple family residential units and lodges including accessory eating, drinking, recreational or retail uses not occupying more than 10°l0 of the total GRFA. The HDMF district also allows a fairly lengthy list of Conditional Uses, includin ; fractional fee units. The historic use of the Willows property has been residential with a unique form of covenant controlled usage. The Willows redevelopment proposal maintains the residential use of the property. There will be no commercial component to the Willows redevelopment ' ProPosal. The redesigned building includes a total of nineteen dwelling units. Nine of these units will be designed as two-bedroom units of approximately 1200 square feet in size. These nine units will be deeded as 1/4share fractional fee units and will be operated in a very similar manner to the existing Willows Condominiums. Each of the cunent Willows property owners will assume ownership of one 1/4 share of a unit. Each owner will be allowed four weeks of • summer season and four weeks of winter season use. Any unscheduled owner time and the remaining four weeks of time allocated to each 1/4 share will be required to be placed in the Willows rental program. Fractional fee use is listed as a Conditional Use in the underlying HDMF zone district. This application has been written to include a request for Conditional Use permit to allow the fractional fee use. A specific response ta the Conditional Use review criteria is included in a later section of this report. The current Town of Vail definition of a Fractional Fee Club defines a fractional fee unit as "a condominium unit, pursuant to recorded documentation as approved by the town of Vail, has no fewer than six (6) and no more than (12) owners per unit..." The planned program for the Willows will result in four owners per unit so the Conditional Use Permit may not actually be a strict legal requirement of this request. There will also be nine whole ownership condominiums and one deed restricted Employee Housing Unit. The whole ownership use is allowed as a use by right in the HDMF Zone District. A Conditional Use Pernut has been submitted for review of the Type III EHU request. All other aspects of the project, such as the parking garage, the front desk operation and the pool garden courtyard aze allowed as accessory uses to the • HDMF Zone District. 8 B. Density ~ The Town of Vai] Land Use Code defines density as the number of dwelling units allowed per lot or per acre. The HDMF Zone District allows for twenty-five units per acre. The lot size of 0.4854 equates to a permitted density of twelve dwelling units. Like most of the Willow Road/Willow Circle properties, the original development of the Willows Condominium greatly exceeds this pernutted density. The existing building includes a total of twenty-eight dwelling units. The proposed redevelopment of the Willows will reduce the overall density to eighteen units plus one deed restricted Employee Housing Unit. C. Residential Floor Area The HDMF Zone District permits a total of 76% of the site area as Gross Residential Floor Area (GRFA). The permitted GRFA equates to 16,069 square feet. The existing Willows building exceeds the allowable GRFA and measures at 18,607 square feet of GRFA. The re-development proposes a total of 32,240 squaze feet of GRFA. The Vail Village Master Plan includes the following description of the Willow Circle sub-area: ' "In most cases the levels of development throughout Zhis • sub-area greutly exceed what is allowed under existing zoning (High Density Multiple family). Gross residential floor area ratios (GRFAR) range from .6 to 1.3 with an I average of 1.01. With the exception of one parcel, all of the properties within this su8-area are, developed at, or over, their permitted levels of development." At the time of the adoption of the Vail Village Master Plan 44 Willow Place had not yet been redeveloped. The original building on the 44 Willow Place lot represented the low end of the GRFA range stated in the above description of the neighborhood. 44 Willow Place has now been redeveloped to the full extent of the allowable GRFA so the neighborhood range and average has increased. The redeveloped Willows GRFA is not inconsistent with other buildings in the , neighborhood. D. Building Height The HDMF Zone District Allows for a 48' building height for a sloped roof I building. The existing Willows building is approximately 48' in height and is one a of the few aspects of conformance with the existinb zoning. ~ 9 I . r ' • The redevelopment proposal consists of three and four story building elements and wil] maintain conformance with the 48' height allowance. In fact, the three story elements of the proposed building are lower than the existing building. E. Site Coverage ~ The HDMF Zone District includes a site coverage allowance of 55% of the total site area. This equates to an allowable site coverage of 11,595 square feet for the Willows property. The existing building and parking structure have a site coverage calculation of 12,638 feet, thus exceeding the allowance. The actual building footprint of the proposed new building at grade, i. e. the perceptible site coverage of the building, measures 10,820 square feet. This perceptible site coverage of the actual building footprint equates to SO% of the site area and would be in conformance with the 55% site coverage development standard. The definition for measuring site coverage, however, includes all portions of a building, including below grade portions. The parking garage below the new Willows building extends beyond the building footprint. There are extensive areas of landscaping and courtyard on top of the parking garage, at grade level, that will . not appear as site coverage and will qualify as landscape area. The design team believes this meets the intent, if not the definition, of the site coverage development standard. The proposed building, due to the extent of the underground parking aarage, and as site coverage is formal(y defined, has a site coverage measurement of 14,110 square feet. F. Landscape Area The proposed redevelopment plan includes 8,540 square feet of landscape and courtyard area and brings the site into conformance with this development standard. This represents a substantial increase in the amount of landscape area on the site. The primary means of accomplishing this is by moving the existing at grade parking to an enclosed garage undemeath the building. The HDMF Zone District requires 30% of a site to consist of landscape improvements such as lawn azeas, flower beds, courtyards, patios, walks or water feahires. For the Willows site this equates to a requirement of 6,343 square feet of landscape area. The existing site has been calculated to have only 2,848 square feet of landscape area, which is well below the development standard of the zone district. ~ 10 T I G. Parking • The Willows falls within the area described as the commercial core area on the official Town of Vaii parking maps. The parking requirements for the commercial core areas are listed in Schedule A of the Town of Vail Land Use Regulations. Schedule A details a requirement of 0.7 parking spaces for fractional fee units and 1.4 parking spaces per dwelling unit. 9 fractional fee units x 0.7 = 6.3 9 dwelling units x 1.4 = 12.6 IEHUx1.4= 1.4 Total parking required = 20.3 parking spaces The proposed pazking garage as designed includes 27 parking spaces. In addition to the quantitative parking requirements, the HDMF Zone District requires that 75% of all parking spaces "shall be located in the main building and hidden from public view or shall be completely hidden from public view from adjoining properties within a landscape berm The existing Willows parking deck is clearly not in conformance with this • criterion and is generally considered to be a highly visible eyesore to the neighborhood. The redevelopment proposal will resolve the existing non-conformance of the visible parking by locating all of the parking spaces in the building and hidden from public view. With the development of the Front Door project and the increase of traffic on this portion of Vail Road the removal of this parking deck becomes a significant benefit. H. Setbacks The HDMF Zone District requires a uniform 20' setback on a1I sides. The existing buildings encroach into the setback to various degrees on all sides. The building encroaches up to seven feet from the property line in the front and some landscape wall improyements currently extend over the property line and into the road right of way. The building and/or the parking garage encroach up to sixteen feet from the west lot line, six feet from the rear lot line and four feet from the east lot Iine. The driveway and a related retaining walI encroach onto the adjacent 44 Willows Place property. . 11 , f . The building setbacks as proposed in the redevelopment plan vary greatly over the site. The proposed building increases conformance with the front setback as the building has been pulled back from Willow Road to allow for a loading and drop off/pick up area. A porte-cochere roof extends out over the pick up/drop off area to the property line to provide a sheltered entry. Setbacks on the east, west and rear sides of the building vary considerably. This design allows for a creative articulation of the architectural forms and building mass and avoids long continuous walls and flat elevation planes along the property lines. Along the east property line, where the adjacent building encroaches to within inches of the property line the building design steps deeply back into the site, creating a significant space and separation between the buildin ;s. In the underground parking garage the walls have been designed close to the property line in order to design efficient parking and circulation spaces. These subsurface portions of the building will be imperceptible from the exterior. 3.5 Emplo,yee Housing 1) Town of Vail existing policv • The Town of Vail has traditionally 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 has never formally codified this requirement but has consistently applied a housing generation formula developed by the firm of RRC Associates, Inc. For development projects that comply with underlying zoning the policy has been to provide housing for 15% of the incremental increase in employees. For development projects that exceed underlying zoning standards the policy has been to provide housing for 30% of the incremental increase in employees. The RRC employee generation formula lists a 0.4 employee demand per residential dwelling unit. The existing Willows project includes 28 condominium units. This equates to an existing employee generation of 11.2 employees. (28 x 0.4 = 11.2) The proposed Willows redevelopment includes 18 condominium units. This equates to an employee generation of 7.2 employees. (18 x 0.4 = 7.2) The Willows redevelopment proposal would result in an overall reduction of 4 employees. Housing mitigation is required for the incremental increase in . . employee generation. In this case there is no incremental increase and therefore, 12 t , consistent with past application of this housing formula, no mitigation • requirement. 2) Actual conditions The Willows Condominium Association owns and operates the Willows Management Company. The Willows Management Company manages a total of 45 units in the Willows, Riva Ridge South and other Vail Village properties. The management company has a total of 15 full time equivalent employees. This averages to 0.33 employees per unit under management. The redevelopment of the Willows would result in a total of lO less units under Willows management. The revised average, assuming no decrease in employees, is 0.42 employees per unit. This actual conditions experience at Willows Management is remarkably consistent with the RRC employee generation figure of 0.4 employees per unit. An actual conditions calculation results in a full time employee demand of 6 to 7.5 employees generated by the proposed Willows redevelopment. 3) Willows housing/public benefit proposal Although the application of the traditional employee housing requirements indicates that the Willows proposal does not create a net incremental increase in employee housing the applicant recognizes that employee housing is an important ~ , issue to the town and, as a public benefit of the project, believes it appropriate to provide a reasonable measure of employee housing within the community. Without taking credit for the employee demand already generated by the existing building, the new Willows building would generate 7.2 employees under the existing town employee generation formula. This 7.2 employee generation number is also very consistent with the actual employee levels experienced by the Willows Management Company. Utilizing the town's housing demand methodology 7.2 employees, divided by the 1.3 jobs per employee figure equates to a demand for 5.5 employee beds. The Willows redevelopment proposal will commit to providing 100% of this employee housing demand. The current proposal includes one 670 square foot one bedroom apartment on site and the applicant will commit to providing five additional beds off site. These off-site beds will be provided via a buy down program or through a direct payment-in-lieu to the Town of Vail or the Vail Housing Authority. This housing commitment of one on-site one-bedroom unit and five off-site beds addresses 100% of the actual employee housing demand of the proposed Willows building. • 13 i 3_6 RentalOpportunities A primary goal of the Vail Village Master Plan is to maintain and to encourage an active bed base in the Vail Village area. The Willows owners intend to continue to operate the existing homeowner owned management company and to establish a use and rental program for the fractional units that is very similar to the current Willows use pattem. The twenty-eight fractional shares that are exchanged for the cunent Willows units will be subject to a condominium association covenant that will allow each owner four weeks of summer use and four weeks of winter use. All other weeks and all weeks not actually utilized by the owners will be placed in the active rental pool. The eight additional fractional shares will be owned by the Willows Condominium Association. Although these shares may eventually be sold, subject to the same use covenants as described above, the intent of the association is to hold these units in the active rental pool for at least a few years. In addition, five of the wholly owned units have been designed to include a lock-off studio unit. This results in eighteen brand new high quality beds that will be fully utilized for short term occupancy and the potential for five more rental beds within the lock • off units. This is a total of five beds less than currently available in the existing Willows building. And these new beds will be a significant improvement over the existing Willows beds. The existing one-bedroom units are 596 square feet in . size with 7'6" floor to ceiling heights. The size and configuration of these units is not consistent with the marketplace and no longer meets the expectations of many of the guests looking for Vail Village based accommodations. 3.7 Pablic Benefits As an integral part of the Town of Vail SDD review and approval process there has been a standard of public benefit that must be met. In general the appropriate level of public benefit to be provided by a project has been directly relative to the level of variation requested from the standards of the underlying zone district. As has been stated above, the existing Willows Condominiums, as well as most of the other properties of the Willow Circle neighborhood, exceed most of the development standards of the existing zone district, including the density and the GRFA. A redevelopment of the Willows Condominiums that would meet the strict and literal standards of the HDMF Zone District, including density and GRFA would include 12 or less units and 16,069 square feet of GRFA. In order to meet these standards the redevelopment would most likely consist of 4 to 6 • large townhome units of 2500 to 4000 square feet in size. This type of redevelopment scenario, while meeting the standards of the underlying zone 14 district, would result in a very exclusive, low density project that would likely • have the following consequences: • The loss of Vail Village based short-term rental inventory. • The probability of an exclusive yet seldom used bed base. • The loss of the existing, long term Willows owners from the community. • No on-site Employee Housing Unit or provision of other housing. • No inclusion of public benefits. This type of redevelopment, while meeting the zoning code, would go against I~ many of the principles, goals and objectives expressed in Town of Vail master ~ plan documents. In the case of the Willows Road neighborhood the underlying HDMF Zone District is not necessarily fully harmonious with the goals and objectives of the Vail Village Master Plan. The Willows Condominium Association and the principals of Triumph Development believe that the SDD process allows for a redevelopment of the Willows property in a manner that can more successfully address many of the overall goals of the community than a redevelopment under the parameters of the existing zone district would allow. The proposed Willows redevelopment plan is able to address many of the Town of Vail master plan document objectives and also provide a public benefit in a fair relation to the deviation from the underlying zoning. Specifically the redevelopment proposal represented by this request for SDD Zone District • designation will: • Allow the existing Willows owners, many of whom have owned there for many years, to maintain property ownership and to remain a vital part of the Vail community. • Provide employee housing for 100% of the employee housing demand of the proposed building, without deducting any credits for the existing level of development. • Provide a 670 square foot one-bedroom on-site Employee Housing Unit. This is an extremely rare opportunity to create a new Vail Village based EHU. • An upgraded pedestrian/automobile streetscape along the entire length of Willow Road. Willow Road cunently exists as a one-way street with a twenty-two foot wide asphalt section and no curb, gutter or sidewalk. This section of Willow Road will be reconstructed to a design that includes a twelve-foot wide asphalt automobile travel lane and an eight-foot wide stone paver pedestrian walkway. This streetscape design will match that of other recent Vail Village streetscape improvements. The pedestrian walkway will connect to the sidewalk along Vail Road on the west end and to the streetscape improvements currently under construction as part of the Front • 15 • Door improvements on the east end. This streetscape improvement will provide a significant public benefit to all pedestrian traffic that flows through Willow Road from the west. This streetscape will provide an enhanced pedestrian alternative to Meadow Drive and will allow direct pedestrian access to Vail Village from Beaver Dam Road, the First Bank area and Meadow Drive properties such as Villa Cortina. This improvement represents a significant contribution to the goal of pedestrian connectivity from Vail Village towards the west. • The redevelopment of the Willows will result in a very desirable, high quality fractional ownership and rental program that will meet a key Town of Vail ' goal of providing and maintaining active beds in the Vail Village core area. These beautiful new two bedroom units will provide a much superior rental ' groduct over the existing one bedroom units. The larger unit size will open the Willows to a family friendly market that the property has not been able to serve over the years. The ownership and rental requirement covenant structure will ensure that these beds remain actively occupied. All of these public benefits can be accomplished with a building design that increases conformance of many of the underlying zone district standards and maintains the charm, character and integrity of the Willow Circle neighborhood. • The applicant believes this level of public benefit is appropriate to the level of variation requested from the underlying zone district. . 16 • 4.0 SPECIAL DEVELOPMENT DISTRICT REVIEW CRITERIA Title 12, Chapter 9 of the Town of Vail Municipal 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, "To encourageJlexibility and creativity in the development of land, in order to promote its most appropriczte use; to improve the design character and qual ily of the new development within the Town; to facilitate the adequate and economical provision ofstreets 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 ofproperty included in the Special Development District. " The Vail Municipal Code provides nine design criteria which shall be used as the i principal criteria in evaluating the merits of the proposed Special Development Distnct. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The applicant has addressed each of the nine SDD review criteria below: 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. Applicant response: The proposed Willows redevelopment plan creates a high level of compliance with this criteria. In fact, the applicants believe that the quality of the architectural design, the proposed building materials, the elimination of surface parking and the sensitivity of the design to the neighborhood result in a significant improvement over the existing conditions. • 17 , The alpine style of Vail Village architecture and the quality of building materials have evolved and improved a great deal since the 1970 construction of the Willows. The monolithic fagade and the brick and stucco exterior are not up to par with the surrounding neighborhood or with recent Vail Village improvements. The design team has put a great effort into ensuring the proposed design is compatible and sensitive to the immediate neighborhood. An overriding goal of the design team has been to achieve the program goals of the building without increasing the building height. We believe that the character, identity and visual character of the proposal are in complete harmony with the objectives of this SDD criteria. B. Uses, activity and density which provide a compatible, efficient and ' workable relationship with surrounding uses and activity. Applicant response: - The existing neighborhood is singularly residential in use, with a mix of highly active rental programs and quiet exclusive second homes. The proposed program strives to strike a compatible balance with this mix of • neighborhood activity levels while simultaneously meeting the goals of the existing Willows owners, the goals of the development partner and the overall goals of the Town of Vail. We believe the proposed density and use structure is the optimal program to balance these goals and objectives and provide an appropriate balance to the level of residential activity of the immediate neighborhood. C. Compliance with parking and loading requirements as outlined in Title 12, Chapter 10, of the Town of Vail Municipal Code. Applicant response: The proposed Willows redevelopment meets or exceeds all requirements of the parking regulations. The new building presents an improved loading and drop off/pick up area that will reduce congestion on Willow Road. The existing parking deck is in dire need of replacement and does not meet the screening and visibility requirements of the zone district. All of the required parking for the proposed building will be located in a fully enclosed parking garage below the building. ~ D. Conformity with the applicable elements of the Vail Comprehensive 18 I Plan, Town policies and Urban Design Plan. ~ Applicant response: The proposed redevelopment of the Willows is in compliance with all reIevant Town of Vail master plan documents, goals and policies. A separate chapter of this application details the many specific areas of compliance. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Applicant response: There are no known natural and/or geologic hazards, including the Gore Creek floodplain, that affect the property. - 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 com m un ity. Applicant response: • The proposed site plan and building design have been carefully designed to ' respond to adjacent properties and to the overall aesthetic quality of the community. The front fagade of the building had been pulled back fmm the street to allow for a more functional loading and drop off area and to enhance the pedestrian streetscape experience. The pool garden has been sited to create an open light and air region in an area where the adjacent building encroaches to within inches of the property line. This courtyard design will minimize sun/shade noise and visual impacts to the adjacent Riva Ridge South building. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. • 19 M . Applicant response:. The on site vehicular circulation system is designed to allow for simple and convenient access to a single level of underground parking. An off street loading/pick up area with a covered porte-cochere will eliminate existing congestion on Willows Road. H. Functional and esthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Applicant response: The site plan includes a functional and esthetic landscape design that is appropriate to the site. This landscape plan is only designed to a conceptual level at this point in the review process. A fully dEtailed landscape plan will be prepared for review by the Design Review Board. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. • Apqlicant response: All construction will take place in a single phase. The applicant will work with both the Town of Vail and the neighborhood to develop an appropriate construction management plan. ~ il 20 ~I ~ 5.0 CONDITIONAL USE PERMIT REVIEW CRITERIA The proposal to redevelop the existing Willows property includes a request for two separate Conditional Use Permits. One is to allow a fractional fee ownership structure for nine of the proposed units and the second is to allow an on-site Type III Employee Housing Unit. The uses are described in detail in the above project narrative. The Planning and Environmental Commission uses the following criteria in the evaluation of a Conditional Use Pemut request. The applicant response to each criteria is included. A. The effect of the use on light and air, distribution of population, transportation facilities, utiliNes, schools, parks and recreation facilities, and other public facilities needs. , Apnlicant Response: The use of a portion of the site as fractional fee ownership will have no discernable effect upon the above referenced facilities and issues beyond what the permitted uses would generate. There will be no impact upon schools and the usage of transportation, utility, park and recreation facilities will be very similar to that of a lodge or actively managed rental • property that is allowed as a use by right. The proposed 670 square foot EHU will have no discernable negative effect upon the facilities listed in the criteria. ,5~e -c Effir-€tiupomraffic with particular reference to congestion, automotive and ede~t pq~,"aB safety and convenience, traffic flow and control, access, ---maneuvefaliility, and removal of snow from the street and parking areas. Apnlicant Response: The fractional fee ownership pattern of nine of the proposed dwelling units will result in a usage pattern of the Willows site that is very similar to the existing use pattern. We do not believe there will be an effect upon congestion, safety, traffic flow, access or wanc;&brabilffye t'f he°Trew :Eiite design, inespective of the ownership pattern, will ,gestion, access to the Willows site and maneuverability of vehicles on 'the sife. There will be no impact on snow operations due to the ownership pattern. The inclusion of one 670 square foot Type III EHU in the building should not have a measurable impact upon congestion, safety, traffic flow or snow removal. ~ 21 ~ ~ 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. Apnlicant Response: The architecture of the proposed redevelopment of the Willows is a significant upgrade from the existing building in style, form and materials. The architecture is very compatible with the character of the area and with the established vernacular of Vail Village and the sunounding residential environs. The ownership format does not have an effect upon the architectural design of the building. The usage pattern of the proposed building will remain very similar to the current use of the cunent building. The inclusion of a Type III EHU does not negatively impact the character of the area or the bulk and scale of the proposed building. The redevelopment proposal is in full compliance with the height allowance of the HDMF Zone District and the bulk and mass of the building is in character with the surrounding uses. The Willows owners, Triumph Development and the design team have • made protecting the character of the neighborhood a high priority of the proposed redevelopment plan. i ~ 22 ~ 6.0 TOWN OF VAIL COMPREHENSIVE PLAN AND MASTER PLANNING DOCUMENTS The design team and the applicant have carefully analyzed the Town's master planning documents in order to address and incorporate as many of the relevant goals and policies as possible into the proposed redevelopment plan. The list below is a summary of the goals and policies of various planning documents that are consistent with the proposed Willows redevelopment plan. Items listed in italics are particularly relevant to the proposed plan. A. Vail Land Use Plan 1. 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. 1.3 The gualiry 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. 1.12 Vail should accommodate most of the additional 8rowth in existin 8 develoPed areas (infill areas). 4. Village Core/Lionshead 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. ' S. 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. ~ 23 I ~ 5.3 Affordable employee housing shouid be accommodated through private efforts, assisted by limited incentives, and provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a fuIl 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. B. Vail Village Urban Design Guide Plan ' The Vail Village Master Plan includes a map that detaiis the area subject to the Vail Village Urban .Design Guide Plan. The Willows Road - Willow Circle neighborhood does not technically fail within the guide plan area of influence. The design team has, however, incorporated many of the reievant architectural design elements of the plan into the building design. In particular, the roof compositions and overhangs, the building materials, the style and • placement of windows and the balcony railing treatments are all in complete compliance with the Vail Village Urban Design Guide Plan. C. Vail Village Master Plan The Vail Village Master Plan does cover the generaI area from (and inctuding) Ford Park to Vail Road. This does includc the Willow Road - WiI1ow Circle neighborhood. The following is a list of goals and objectives that support the Willows redevelopment plan. 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 redeveloprnent of residential and commercial facilities. Objective 1.3 - Enhance new development and redeveIopment through public improvements done by private developers working in cooperation 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. • Objective 2.3 - Increase the number of residential units available for short term avernight accommodations. 24 Objective 2.5 - Encourage the continued upgrading, renovation and • maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 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. Goal 4- To preserve existing open space areas and expand greenspace opportunities. There are no objectives of this goal that are relevant to the Willows redevelopment proposal. - Goal S- 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. I 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. 2_ Land Use Plan The VVMP designates the Willow Circle neighborhood as Medium/High Density Residential. The proposed plan is in conformance with this designation. 3. Open Space Plan The VVMP designated areas to be protected as open space. The Willows redevelopment is in complete conformance with this portion of the Vail Village Master Plan. 4. Parking and Circulation Plan The Willows redevelopment proposal is in conformance with all aspects of this element of the Vail Village Master Plan. . 25 r • 5. Building Height Plan The building height plan designates the Willow Circle neighborhood as appropriate for three and four story buildings. The proposed Willows building includes both three and four story elements and is in complete conformance with this plan. ~ • 26 A ~ 7_0 Kev Features • In summary, the following are key elements and features of the proposed Willows redevelopment plan: • The existing Willows building is in need of significant capital investment. The two level exterior parking deck is in extremely poor condition and will require a complete demolition and reconstruction. The main building structure was built with pre-cast concrete "T" beams. This form of construction makes any type of significant upgrade or renovation, including installation of fire sprinkler systems, extremely difficult. • The floor to ceiling clear height in the existing units is 7'6". • The existing owners, through careful and thorough analysis conducted by their condominium association, have determined that an attempt to upgrade the existing building does not make economic sense. • The proposed plan allows existing Willows owners to maintain ownership in the property and maintain the exact usage pattern they are accustomed to. • The proposed plan maintains an active rental management program with a similar ' number of beds. The existing Willows has twenty-seven 1-bedroom units and ~ one studio unit. The proposed redevelopment plan proposes nine 2-bedroom fractional fee units and includes opportunities to rent five additional lock off units for a total of twenty-three actively rented beds. • The redevelopment proposal includes a commitment to provide deed restricted affordable housing in an amount equivalent to 100% of the employee generation demand of the building. • The proposed plan places all parking underneath the building. All parking will be completely screened from public view in accordance with the zone district standards. • The proposed plan meets the allowable height limit for the HDMF Zone District. • The proposed plan incorporates public benefits that are appropriate to the level of deviation requested from standard of the underlying HDMF Zone district. The Willows owners, the principals of Triumph Development and the members of the design team believe that this proposal is in keeping with the spirit and intent of the Special Development District and maintains the character and integrity of the Willow Circle neighborhood. • 27 • August 16, 2006 Mr. George Ruther Town of Vail Community Development Department 75 South Frontage Road Vail, CO 81657 Re: Willaws Condominiums Dear Mr. Ruther; ' The purpose of this letter is to provide authorization for Triumph Development LLC to represent The Wiilows Condominium Homeowners Association with regard to Town of Vail review of the attached application for a new Special Development District. By the signature beSow such authorization is granted. j • Sincerely, 2Connell President Willows Condominium Association • WILL0WS 74 Wilic,w Ko:nl, Voil, c_'nl„r;iiln riltii% ^ ti88V1L1_()\x'S (1)45-7607) °97O.4762233 •970-410-5714 t;ix ,......:i. ....i....a;...:li......_ , . _ ..............n..............~... I I Application for Review by the Planning and Environmen#al Commission ' TOWN QF VAI~ Department of Community Devslopment 75 South Frontage RQad, Vail, Calorado 81657 tei:970.479.2139 fax:870.479,2452 wab: www.vailgov.com C3eneral 1 nforrnatlon; Ail proJects requlring Planning and Environmantal Cammiss(on revlew muat recalve approval prior to submitting a truilding permlk applicatlan. Please refer to the aubmlttal requirements far the particular approval that is raquested. An application far Planning and Environmental Commisslon revlew cannot be accepted urttil all requfred rnformatJon is received by tha Communlty Developmant Repartment. Tha praject mey also need to bo reviewed by the Town Council and/or the Design fteviaw Board. I Type of Appllcatlon and Fae: ~ • Rezoning $1300 . ~ • Major Subdivision $1500 • Floodplain Modiflcation $4QQ ~ • Minor Subdivision $650 • Minar Exterior Alteratlon $654 • Exemption Plet $650 • Major Exterlor Aiterailon $800 • Mlnor ArnandmeRt to an SDD $1000 • Ravelopment Plan $1540 O • New Spsctal Developmant Diatrfct $6000 • Amandment to a Development Plan $254 • Major Amendment ta an SOp $6000 0 Zaning Cade Amendmant $ i30Q ~ ~ Major Amendment to an SQQ $1250 • Variance $500 (na axteriAr madificatipns) . Sign Variance $200 DesCrlption Af xhe Request: Pleas:: see attached narrative d Scriptinn - Locat(an of the Propasal: L.ot: 8 81ack: 6 Subdivision:Vail Yilla,gQ 1-gi- PhysiGa{ Address: 74 Willow Road 1 Parcei No,: 210108219001~ (Contact Eagle Co, Assessor at 970-328-8840 for parcel na. ) Zptling: HDMF IVame(s) af Qwner(s): The Willows Condominium Association, Inc. Malllnp Address: .74 Willow Road Vail_., C0 1657 Pfiune• 4wner(s) Slgnature(s): see attached letter Name of Applicant: Triumph Development, LLC I Mailing Address: 8120 Woodmont Avenue Suite 800 Bethesda,NID 20814 phQne; 301-657-1112 i ' E-mailAddress: steve@triumphdev.com Fax 301-657-5948 For OfflceMse OnlY: / ~ i Fee Paid: !~,2~Gheck No.: 9y: ~l ~1t4',,4,k c , Meeting Dats; 5F_ =jrt:G IL._ PEC No.: Planner. Projaat Na.: • Page 1 of 7-04/01 /04 b3 7 Application for Rev+ew by the Planning and Environmental Commission TOWN ~~~~1 paPartment of GommuMty Devalopmani 75 South Frontage Raad, Vai{, Calorado 81657 te1:870.479.2139 fax:970.479.2452 wQb: www.vallgpv.cam (3eneral I nforrnatlon; All praJects reqalring Planning and Envfranmantal CommiseEan revlew musi recelve approval prfar to submltting a bul{ding parmlt appllcatlpn. Pleaes rafer to the aubmlttai requiremsnis far ths particular approval that is requested. An applicatipn far Planning and Envlronmental Commfsslon ravlew cannot he acceplad until aH requtred rnformatlon is received by the Cammunity Development f?epartment. Tho praject may slao naeci ka bo reviowed by tho Tawn ~ Gauncll and/ar tha Desfgn Revlew Board. Type of Applleaxlon and Fae: ~ Razoning $1300 • Ccmd{tional Use Permit ~ $(i50 • Major Sutadivision T1500 ~ lao p~irrMlex#lflean $400 • Minor Subdlvfelon $650 • Minar Fxtarlar Alteratlan .S650 • Exsmption Plat $650 • Major Exterlor Aitaratlon $800 O • Mlnor Amendmant ta an SDD $1000 ~ Dovelppment Plan $1600 • New Specfal Develapmant Distrfci $OQQO Amandment to a Development Plan $250 ~ • Major Amendment to an 8DQ $6000 • 7_anfng Cade Amendment $1300 • Major Amendmant to an SQD $1250 • Vartance $500 (no exterlor modiFlcations) • Sign Variartce $200 Descr'Iptian of the Request: Pleasc: see attaclled narrative d.g.scrip,r-to„ _ ~ • O L.ocattqn of the Proposal: l.at: a Biack: 6 Subdivision: Vai Vi1] -Q,r Physlcal Address: 74 Willow Road ~ , Parcal No,: 210108219001 (Cantact Eagle Ca. Assessor at 970-328-8640 f4r parcel na. ) Q, , zOnltlg: HnMF ~ I\~a Name(s) of Owner(e): The Will.ows Condomini.um Association, Inc. Malllng Address; .74 W,i],lQw Road Vaila C0 81657 Phane' - Owner(s) Slgnature(s): see attached letter Nama of Appliaant: Triumph Development, LLC 8120 Woodmont Avenue Suite 800 Mailing Address: Bethesda,NID 20814 phQne; 301-657-1112 E-mallAddrees: steve@triumphdev.com Fax 301-657-5948 For Oftloe Use Only_ ~ ~4~. .~SQC ~v~(.• Fee Pafcl: G.M Check No.: 7~f By: ~ • Meating Date: i e%',(o PEC No.: Planner: Pra)ect No.: ~ Fage 1 of 7•44/01/Q4 03 ? • r . , v, Appiication for Review by the • Planning and Environmen ial Commission TO YY1Y OF VAE"'~ Department ot Commwiity Devrlopment , 75 South Frontage Road, Vail, Colotado 81657 te1:970.479.2139 (ax:970.4/92452 web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review mtjst receive approval prior to submiiting a building pennit application. Please refer lo the submiltal requirements for the particular approval that is requested. An application tor Planning and Environmenial Commission review cann, t re accepted until all required information is received by the Community Development Department. The project i; also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: ~ • Rezoning $1300 • " Conditional Use Permit $650 • Major Subdivision $1500 Floodplaii, ;.1oditication $400 • Minor Subdivision $650 • Minor Exterior Alteration $650 • Exemption Plat $650 • Major Exl~~ ~-)r Alteration $800 • Minor Amendment to an SDD $1000 • Developm-nt Plan $1500 ~ • New Special Development District $6000 • Amendmo-)t to a Development Plan $250 • Major Amendment to an SDD $6000 • Zoning Cc Amendment $1300 • Major Amendment to an SDD $1250 • Variance '$500 ~ (no exterior modilications) • Sign Varia -e $200 Description of the Request: Conditional Use Permit for Tvpe III EHU. . ; . .i. . Location of the Proposal: Lot:_$__Block: 6 Subdivision: Vail Village lst 1% v Physical Address: 74 Willow Road Parcel No.: 2101 8219001 (Contact Eagle Co. Ac Dssor at 970-328-8640 for parcel no.) ~ ' Zoning: unMF Name(s) of Owner(s): The Willows Condominium Association, Inc Mailing Address: 74 Willow Road Vail, CO 81657 476-2233 Phone: Owner(s) Signature(s): see attached letter ' Name of Applicant: Triumvh Development, LLC 8120 Woodmont Ave. Suite 800 Mailing Address: ' ' ° - - - " - Bethesda , MD 20814 Phone: 301-657-1112 E-mailAddress: Steve@Triumphdev.com Fax 301-657-5948 For Ofiice,Us~yQ n~;. ~ . ~,.}y~ , , _ • Fee Paid: heck N•). 7 ~ By i' Meeting Date:__ _ ' PECNo.• Planner:_ Project No.: Yagc 1 ul i-0-1/0I /lW • ' ~ a o000 ~ ~ a ~ D d>- ~ ~f 9 9 ~ y° 6 n O 4 n (~E I . ~Ci~'~33~n~~F'~~;s~F~ti~$Fe~eB>iF 64G$F~FAi~,$~~rp~,C~~~~ ~'~R•Y~9Y' ~ ~ ~ ~A g ~ ~ u~ M~ge~ r~~~ 71 i Il~il ~i 6~dd~d g)( ~ 4~~j ~j~~~ ~ ~e~ ~ g 4 ~ ~ ~ ~ ~yo ~~E~ 56~~~ ~~~~~1 i~~e3Q ~a l~~iooovo ~~~p~ y'll df p~~x~~ ~ F G ~ 6 rt1 eyeJ•, ~ G1~ yj JJg~ K~ p . c ~tT d ia Y ~ v 6 0 0~ by' m 3 w i 6 4~ p Ef a ~tF p$ ~ 6 6 co I J:'k , B5i c>K n8pY°s8R@ qgpCi~ ' o +Rp« f!E s 9~ aie~~ +a• t cd i' i1~a ~i !~9 ~ { 0 DDDDDDADDDDDDDDDDDACDl1D ~ • IPNNAWIYWWWWWWWW!~uNtiuNti-_ N---AAIuWUu_-~01PAWu=-- W ' fffe aooaooaooaEggoa 3 ~ ~y a ~ o A - (P ~ Sl~~~bNNlP0L11U < 0 ~ o0o6d~'DOdO6o~~00Y8N~~o~ oQs}E~E~E~Eb~ONr 6~N0 (~[pn~ X J n i .ze.w.,~. pSE66e6~•~~ef~,SR~,~t~ :~A;^~~3C~'?i~~~ ~~nn~ p 9 ~ 9 .fl 3 ~ m o o Olll ~ ~ ~ ~ ~ ' • ' 7 U~ ~ ,F I o o o ; 6 D ~ ~ a ° ~4 g - i e v i W u = e P o ~ a u ~ y u - I OPEDrmDZ7E0 nl 3FZOE PIp ED E Dr m 0DZ O p~mr z7D 1pR~ Z~Am0j0 lwOb030 Px n~rp IO^ APOED 011~1 3 6T OD ~uOP OZO Y(10Pr ~~uaa~rp ry A (p l~r ZID~Ypz,y-ml~D pc ~ZDcZ op Pr y pOr~i p L~ gKm p< mr p`~ fl C0 u~ru llm(lr2 DO 7~1- ~0 r rr ~0 r u pi D30 Z cDX OA- Zi pa~~ ~~3 ~r ~m~ 0 0 ~ ro Z ~ ~ 0~ U ~ r ~~Z~~I4~t0 at AnOa~ ?n~ m~ 0 1i ~C?n +~3<7t Z~7'N~r PA 0 2~m OOI gn-+'°n h- 1 a~zOA a1~~L~pua zcmn ao z1 m o m<mz E E i~ a~p . z@uv ~az -co~ ,p~ m@i 7~~ z ,4A mAiA 0 '~1'zm ~i~ O~~op gpayun~fl~i ~ COZE~ rOmA g~ ~~ORZ 4,15~ d?mOZm aZ~pm~4~3o~ '~~cDm~A 3N~~~ NDIII1O Oa0-~i u myA~~ ~14~ZninD~ ~ym~~u < ~~Du Zl1 z0 nu0 1Pf101 ai0 Qy~~i , • Ormc c~iD~O A"0#ir0 a aa tzr0 ,~br rn 6_ ~u uoax~n ~ m0 mU~ 7IApAA~mrpA 0 OOwOc ~Am D~f o,i~p0 ~ g~i~m a~ inTOZ~ DY im 1AA~~k m4~zi Y`i~A ~~y~ EA 00~ay~0p~A m~'~m~ ttlm ~I1rW~z 0n 1 j OPiy ?OOE Z~ r r0 ~ AOm ~ ~ ~ av a mP mr iDmb mD A 3up D= yT@ -7 y iZnO 1 m z 10=~ Tn 1L0 ~0E0 p~ (1 7IFm~0~ ~i z r0~ x 07~ (1 ?0 i~~~~p {r z~ IAA~ LS m p pyp0 iA@~ IZp 4~A7I p~-~~i Z AOOZ11 a Z 3 ¦ AZ-0~ 0 0 3 r r~i mr y A,mr mf1g~< p Ab000 zE 2 LD m m0 r_i D m-~ag aED OZ D g°znti{-g1 i 7zP D ( 36`A3z0 Cz0 mi~~a ~ aymAO m rOZ~ ~rmi Pnp itpr O~il~m OU pr3 1p9 iziV ~ D~~~~~m~0o y~~Zpg D Z~041~ ~mE tter10~~Z- ~l@m~mTb~D~ y~0-~~ irA~ ~ r lA~ ~1~0~? p~m(IOZAIn 0o~1PD ~ T~~ E Sa ~ 1 uz U Z c~j n ~ xD 0 ul Z7 uz OLZ bZ~n0 npi~ hlp3 ~C1 ~A, A a~~n ni 1r (0 fl~ ~ u-1n o DEo 4m~4~ a OZ_ m~1 0. hrAm~n ~3., ~ zD -~~j i p~ o ~ y4~(1 3 i~ A m~Pm ~m-- (lOm r OQIlA1-~y <yr !~y'p~~~ ~om~ 2 a z{ ,yOE ~ ~gmz 10m ~~I zc~m~ ~mEm niLO ~Erll ~DA~ Ppi~m AA'~~~~Z~ n0A~m~ ~ o f1~i~E p m A0)0 C10'~~y E1D°LA~^ uj LEY OOx- U 0 D -~D1- 1~ L ~ rS1An~ 1{1 ~^G~ I p R OI~i ~Z yV0 ~ ~oAu3(1 m0 b2ri m ~ E~ mm 0uE~pE LOOm cA~oy? ODA ~g~~0 OpDZi D~ ~p~1 L1 Q l p(1 ~ a-A 0@EDO 0 m nD A DOrip~ z~i ~r~i~AO <0 Ei~D ~ ~ DnD~ ~ ~ m (lm~i D r 0~ Z I I A r 1 I G nitA bD l~ p~W Il lm~o m WIL 21nA mL~, rEUOp ~nl~?0 ~ C ~ D ~~ED M m AE~ A~~ m A'r p~n El~n AQp m i~~u ~m ymA ' aAAAAr ~0 ~r y_ i u ~ y ~ r~ ~mm mE ~ .6r 0~ 0~~~0 r zODpi~ ~~0 S A~ ~ m DrI~ Lmy 0 r ~ g ~ - I _ - - - _ I D~ n n n n N n~-~ PROPOSED ~ 0 luawu0elit1 .LOWS I ~ Willow Road II, Colorado ~ _ . i z ~ -`"f m ~ ~ ~ C7 N+ ~ ~ Z ~ b A . ti c ~e ~ g~~~ g • ~ ~ ~ i b ~ 3 0 > ~ y ~ yy Z~J P ~~~~r~~y= ~ ~"~3~•~- ~ ~ o~~~w y1 ~ ~ 'S~ ~ ~ A r °'a b 63~~ Y~~~~~~ @~'• ~•~:w4 a~~ _ < s ~ J a ( g$~ I~ ~ 1~ ~ ~ .onx~ 3.z~.rseo N~\ ~1 i S ~ f 3LLl.OC44 NiF • ~ ' ~ a g 1~ 7 _ - r 4 9 ~ g i ~ f f ' a y 1 = ~ ~d p g 5a~ ~ ~ _ § q ~ ~ ~q P ir / , O W ~p~ 1 ~y O ~ i 1 4 ~ j( i yd t d i~t fl ~ ~ • ~ ~ _ ' ~ !8 3 1~ a i ~ Yf 3' ~ l e~ b~ a~ o 1 Z ~ ~ i ~ , ~Y ; , ~ ~ 1 s I ~ • a 8~ t~ r a ~i I 5 / ~ ~ F..oo.o¢.~ ~ ~ ~ ~t~ ~ • e ~ o a 1~~~ ~1 ~ J a I I b ~ ` i ~ i . • f ' _ - - - - - - ~ ~ D ~ ~ , aP , • j'? ~ ! ~ ,i ~ L.- I ( J ~ i ~ ~ A~ w ' ~ I 1 I ~ I I I I ~ ~a4 ~ ~ =z ~ ~ f ~ F-' ~ - - E 4"I~ r =.~„"`w I I I , A 1 j ~ ~ s I i ~ r- ~ + avs o . ~ I \ ~ 8 E ~ F a ~o ~ a Oy 6 (i ~ a7 ~ i PROPOSED - - ~ a THE tXTILLOWS 7 Vail, Colaado o gII ~ . N -- " _ ~..-.~_ oP I I r ~ 1 0 ~~ -._ _ .. o eio of !e~ ~ ~ 0 Z ~ S EE peoN N.o~pnn at m to n ~ u~~ 2 Rtl ~ ~ 'La ~ ~~P~ ~ ~ogr Slk10' 1~ 1I1~1 ~ ~ ~ ~ 1 ~ s ~ZO ~ ~4: ~ ~ ~ ~ x N ~ ~ ~`Z LL ~~~d $ ~~Y~ ~H.L s ~ a ~ U ~ ~ ~ ~ II~ Q ` _ ~ g~ 3 a3SOd021d - ~ ~ --_ - __ ~ _ _ - ---- - -- ---- -- - - _ -- -.. - - - - - - b w W ~1 ~ o (~ °• n ~" a '~ Z ~" ~U ~ ~~ ~ w~u=1 3 ~ ~n~LLl OU Z s w~Rtt ~4 Y ` F- wvva i a~ ~ \ ~ ~ p._au ~ ~ ~\ \ X '~rc`~u ~ W ui w.i'~ \ Z mp0.~ ~ \ ~ ~ 0 ~IOa / `\ °~~ o~ \s \ Q '" ~.~ 1 ~ °,~ u e W ~~WW ~ Q$ mn X26"25 \ \ ® q~ I ~ uOr~ mQ ~~~ <n i` ~` So\.2o n~~~w \`~'~ ~'R\ -~(' _ y ~ ~ \ _ 1 I~- I I ~ 1 i __ _ I -S'7 \\ \\~ \ I -~. I ~ 1 1 1 ~ 1 ,~ ~ I ~~ ~ I\ I~ al I 1 ~ I 1 ~ L ~ _ ~I _ I SI ~ ~. I ~ P ~ 1 n I) I I V I'~ I I - b ,. ~- -- e I / ~ I I - - ~ -'~ a , ~ ~ \ ~, I ~ ~I r e` I I ~ I I I P II II ~ I - it ~I ;' - L~ ___- ~~_ ~-- R 1 ' `~ 1 I I I ~~ I I I I 1 V V I I I ~~ I I ~ ~ I I 11 ~ -~~ ~~ ~ I ~ I I I I I I I 4 , ~ r I ~ I J ~~ 1 ~\ 1~ 1 `\\\ I nla ~ ... -- 4 ~ 1 I 1 111 1 1 ~- J ~ ~~~\~~~ ~ ~ ~ ~ I I I I ~~ ~ ~ \ .~~~ ~ ~ ~ ~ I ~~ I VI ~~~~ I o ooo~l _ ~ Q ~ I III ~ / I , '\ x' \ ~~\;, d o ~ ~ ~~~ .~.~ ~~ W w ~ ~jw4~ • U ~ ~$8 ~g.~ • ~I • A D A~ ~D fYl m l\` ~ I • .99'9C, 3 .Zf.1SN1 N \ ~ ~1 r St I ts• r- --f~ i~ I ~ N_°. ~ I ~ 3T-a• I' I III I I' I I I I rj I r L-1 La~ 1 I I / I I I r},~ I A I ~ ~ I------------- ~ ~ g ` ~ ~ ~-----1----~ -----------J ,J ~ I ~ ~ r-j l ~ p ~T -n~ ~~'m•' a A ~i I i I • ~1 ~ r 6 ' n ~ I - - , ~ I \ I v ~ s ~ \ o0 0 • ~ m ( 0 ` 4 92'9Z~ M~ ~ ~ Gl rri ' • • ~ 'o\ / ~ l9 ~ ~ m r m ~ e A a z \ a a N o ~ ~ a r z 2 ~E a- N ~ E PROPOSED N x ~ ~ a r - m ~ THE I < b rn~ ~ ~ ~ r~~ e n 4 o-~ m I ~ a a ~ z ~ WIL 74 LOWS p s~}r; ~ Z~~ M ~ o--.- II~ W it 6 $ ~ vai~ d rad ~ I ' W opeioIoJ '[ien a ~ f w I LL i i pmamwi1M rc : Z o e a (V ~ = ~ 5~~ §ro~s S11~10'I~IItk1 ~ ~ ~ ' N o ' ~Zo < g y N 43SOd021d - - - - ~ ~ ~ Cw ~ ~ u u z z Q o -I J °w w l'J' W 0 9~ W i J , ~ ~ d x m m ~B .E - I I N I I I _-ub~0^9 I - - _ - _ I I I ~ I I I.9-.f I a~ lkg. . i 011e1- 1- .,a7 , I I I I ~ I I ---~~9ae,-- I I I I ~ 4 ---t L'i-v, I I - - } r va~ _ ai ' I I I ______Fr~ai___ I I I I I s~~a I 9 I I RA~' I I I I I I I I ~ ~ v I„9 I„ Iw, k I~ I= Ip~ IN Ij, y1 - ~m l ~o iW0 W9 w0 u. wA ~B We S~0 °p ~g wg Q I I I I ~ I II I ~ I • I ~ ~ I i j I I I ~~nr N~'~aCU~~'rI11Y'O6fHnvan~Ma~m~ . • , I ~ ~ • ~ s ~ s a x ~ 4 g ~ pl ~I ~I ~I ~I GI UI ylp ~ ~ ~ ~ ~ I I I I I I I I I I I I I I I I I I eo~t w I I rovr~ I E~~ I c -reuo7 T _r JI I e I ~ I ~ I ~ I ~ I ~ m N m r~ ~W ~ I ~ a N II _ m m 4_0u I I ELEVAT~ I I R ~ ~ a e I • ~ ~ O d c N N ' m m n n ~ N N m PROPOSED cmi m ~ ~ 4 1 THE 1 ~ • o u a p R WILLOWS 1y 11~~ ~ ~z Q s' z ~ 74 Wfllow Raad 1 S Y }2 Z A W ~ ~ ~ ~ (~1 p Vail. Calorad. ~ n °9 N opeJoIo 'jieA 1 --I , z 3 9 s peoa -UVA rc • , o _ ~~o fs~ ~ ~ ~ Sl1~0'I'II1X1 ~ ~ ~ ' ~ , ~ . ~tuU ~H.I. ;N a3SOd021d - - - - - - - - - ~ u ~ ~ I ~ I g ~ w zl N . UI a a I ~ z I ~w ow w ~ Uu ° m , 7r ~ r a: ua~aii „9•~B n~ W ~ I -T I I I I I I ~ - ~ C Wm S~_ r ~0 Wn - ~ ~ A Wa w~ ,a ~A a a ' ~a a uQ ~a ~ I , i ~ ~ i ~ I • ~w+MOd~ ~eoCU~~ ev~Kaav~uu~ 1. • I ~ I ~ • ~ I I a Ulr ~I NI ~ly ol I I I I r ! n ~ m ~ I'~ I I I I j ~ ~ I I I m i N ~ N ~ I O m ~ mi mo m= I z I r e~ ~ N ` ~ I o ~ P I - - - 9 4 ~ ~ ~ N Ngq ~ ~ PROPOSED - -~.m su ~ - - - _ - D THE N ~ 6 ~m~ t~ K pzA I - ° a WILLOWS ~ g~ ~ ~ ~ ~ e a Z ~ 74WiIlowRwd ~ FWxr R Y~Y~ n A z ( -Vail. Colorado i -o~ ix g i 1s II ~a n~nnvt ' - ~Z~ ~ X3~~ ~ I8aa St~10'"IrIItX1 ~ ~ p Q ~ ~ ~ M f ~ u ~ a3soaoad tL p- ' - - ~ o z ~ ~ (3 c g 0 Q~. ~ o ~ ~ ~ O m „ ° -A w -A I . ~ w I ~ ~ i ~ , ~ - - - ~ w - - I ~ I 11 s e I ~'1 ~ l yC- j ~ I o ~ - - I I I I I ~ r\\ . ~ ~ i3 4 Q , ~ W ~ a ~ Q ~ . I ~ m ~ L L L' , F \ i~ ` ~ _ - I r ~ • ~ Li~ I ~ - n ~ 1 I I I m ~ m - - i m 1 - ~ ~ 1e-o~__1. ~ , r D - ~ o ~ o m p ~ II U3 lE h ( Z ~ - ~ PROPOSED Y Y~ 5 > w ~ T 86~~ R y:~'~ ~ oz= ~ ~ 7-0 I ~ , O o ~ g ~l ~ WILLOWS ~~$r ~ i=pi O~ 0 0 N ~ 74WIIbwRoad 11 S Y`p ~ ~ ~ ~ I Vail, Colorado a Z m I ~ • - - _ - z 3 e opeio~o]'11en Pe°N" !M4C ~ ~ e I Ic I L R ~ S~X10'I'-II~k1 ~ O z a ; , M ~za u ~ I . p "<ai~ ~ i ° ~ g ~ ~ ag ~ Q O3SOd021d ~ W ~ _ U - _ • ~ ~ U 3 -A Q Z z i o ~ ° I ~ = W I ' \ i a ` FR - ~ m FIE ° Li u4A ~ s i cl ID,= _ i - I jt/ 4., r~'Q - I 1 l,F I F-I y x r rc 1I ` ~ O U J., y Q T " J _ 1141 \1,; l. ~ . ~ ' . . . { IL~ ~ I 1 ~ - r` ~ x 1 L y . ~ 'Y~fi. ) ~i;~/ • r I ~ W i7 I i ~ U « Q ~ ~ ~ il • ~ 1 ~ : u ;L o~ ni ~ { g ` t N N ~ C~ C ~ I ~ I ~ ~ _ _ ~ ~ . r • ~ F - _ - ~ ¦ , i I I # y ~ I ~ I-- `-i-- U ~ ~ ~ ~ I 0~ ~ I I I , ~ I ~ ~ ~~y I II I I ` -i m i ~ Tfll -n 1~ 1~ / ~ ' = I i ~ LI ~ - I ZI ' - ~ I E.. LTI rn ~ 9 ~ n q I Z - ~ PROPOSED J - Z ~ A~= ° a ~ o W ~ z O ~ u WILLOWS e=p; ~ 0nzz~ ~ 74WiIlowROad SyEl n Vail. Colorado - „ o ` ~ ~ ~OQ. Pao11mq14M4L e ~ ~~~ZI~ ~ LL -A . z ° - - W u ~ #xii ~s ~ _ § ~ ~ Gz~ ~ ~ : a ~g H aa ~ • d350dc___---- „ . _ a - ~ ~ Q \ ~ m 3 ~ Q v ~ ° d a p O 0 ~ w i ' \ \ O - ' yu • , , fR4 ~ Ra 1 O `Ye ~g l 11 ~ s v'' 4 ,m. ~ t ` . - r ~ _ i Y ~ ` I t ,-r} ( - i ' i ' 1 a ~n u 1 aa u~ ~ ~ a ~ ~ . I _ I - ~ _ - I ~ 1 A D n 1 A S. ' U~ ~ 1 C Q I a ~ \ _ - k 1 s ~ ! 1 . 1 pn ~y E = e ~ m r- ~ ~ o g I-J \ 0 j~-- a~ x \ ~-1ryr---_____ Y-__~`Yy~~ p~~ c a r r t 1~ \ _ ~ 1--- ~ '~N ~ ~ ~ ~ ~ 0 dr~ 3W y , ~ , ~o 1 ~ - _ ~ ~ *~~6 t ~l- ~ i - •Y~.'~~ ° - - ~ ~y 1 y- w w 1 1 ~~IC3 - r ~ ~ , d 1 ~ n di n j~ U« Q ~ - 0.~ • I ' I i AJ i < I ~n _T_ ~r mm i g ~ N N ` m\ I ~ I - ; ~ , ; - ~ - ' ~ ~ ~ Lj~~~;~ a ~f ll ~a ~ ~I } k z O Q I S ` ~p ~ 1 L7 ~y~ 4~ t-r I -h{~:'. - ^m~ ~ • I f.l'? i. n 0 z 4 ~ ~ ~y'•~~ \ 1 ~ I I •il ~ \.~~a I I ~I _ I I R~l y I I I ~ ~~-+t~ m I I I L__ I /`,I-lr ~ fl u O ~ I I I I I r- _ , ~ ~ ~ ~ mn ~ ~ ~ ~ y ~p i ~ ~ ~ - - m 1 1 m m r- -n ~ a r O rI I Q \ ~i ml _ ~ o ' I yO~ H[ 4 0 ~8 P (P ~ ~ - - cn \ ¢ rn 1> Z ~ m °E A mo C) E ~ ~ PROPOSED THE i ~ y ~ ~5y, 5 0 W z o ~ O~ ~ N a Az- „ a w w ~ z O' WILLOWS ° 0 74 Willo Raad Q Vail, Cobrado 0-4 1 o ~ ~ ~ ~ ~ ~ ~ 0350dlJN 31_- z ~ Q ~ ~ o 0 J u. ~ ~ w § \ I \ , , ~ l ~ , ~ g t • . ~ ~C, ^ I y 4p ~ 4 I ~ ~ " p + 1°~ ; - ~ ~ 4 I ~ ' - r - ~ J 1 ~ ` ' - _ ~ ~ - - - ' l . ~ vm.~a,ID+vGSGCp_u~ ~ M ~~naae~ ~anf~w~r~ I \ / \ I 1 ` I I I I ~ / r J ~ I I I I ^llc:. ~';(~I ? ~ ~ • I J jY.` ~ - ~m ~ I l ~ CINtlVG ~ I ~ 1. .~••:Y a o~ % p~' I ~A p ~ ~ I ' ~I¢'~'tt7 0 171 , ~ ar ~ I I II I ".w' ~~~J 4 ~ J u o i y I i I _ ~ II~ RK ~ ` , - 1 , I I ~ Ll ~ - ~ 4A 1 ~ - ' 1 ~ e r ~ . o , ~ , o r ~ (A ~ A r ~ r ~ m nr m0 E ~ m m Z ~ o U3 ~ D $ 7nC ~ I - _ - - - . - D ~ -fl ~ T I 3 I PROPOSE-D ~ W ~.9~ z A ~ g WILLOWS sr°~ ~ ~_q~ 74Wi oa 11 Rd 6 p' Vail, Colorado - - I o?~ ~ ~aas i a~+wwv~ ?t e e = PWAm , ~ ~ w Q x aasodoaa ~ W Iw , - - I I ~ - - - - - • o ! ~ ~ $g y$ ~ 9 I I I I \ _ , _=_s ~ CD _M II ? I - ~ ~ ~ II II II ~ I~ . 0 i, j~ ~ O II EM ~ - ~ i _ _ •~Z - ~ II w _ •k___Jf'I W II W II ~ ~ ' I ~ F - - ~ . I I 0 0 E =EB ' T. R \ II, Q ' - \ II Q : I - II - II ~ _ II ,'.I : \ II 11 - II i ; \ II _ II ED ~ ~ A ' II FEM I ~ • \ I II ~ II II 1I~ . ~ II _ I II ~ - . , - Frm IFE a ~ Cl o ~ ~ I I I ~ I ~ , i ~ ~ ~ : i - I • i` I ~.m ~.>..»t.e.. - _ I - - ~ I i ~ ~ i I I ~ ~ . ~ • ~ ~ ~ ~ ( ~ `li { 1 i - ii I - - ~I ~ II I 1 ~ 14 11 \ . II - , m o~ i u u \ ~ ~ il I I 1 II II - - ~ - I 11 \ _ II I ~ I ` " ~ ~ ~ \ • - I ~ - - m - o b 0 u ~J p I il ! • - _ II ru____ i II ~f m t Z-_- ,,VI. _ I I ~ o ~ ~ - - - ~ PROPOSED D ~ WYLLOWS o Q • ~ Ee~~r ~C. Sx ~ ~ . 7,wai~~a ~ ua~ g z ` Vail, Colwado ~ e - , I --s--- o ` 7,A ~ ~ ! - - ~ - - - ~ o I ~ o~ Z } ~ e 9 ~ H I~~ ~ ~ ~ ~ 1 J , / ~ \ \ 1 ~ % 1 i r - - - - - \ ,1 1 ~ ~ av- a I I 1i 1 r I / I a+ ~1 ~ ~ o i ir-~ 1i ~ , I al , ~ a 41 I II oH i I i ~ I J ---1 ---J ^4 I', 3 I _ 1 ~ o~ , I I 4 ~ ~ , S I I I ' I I - I I I ~ I 1 ~ ~ 4 1 ~ II L 7 J J r-j i 6 I ~ r \ / • \ ` \ J ~ Q ~ u~ • > ~ ~naM~wmX~rmA~~rv~Kw I . • 1 - - ~ ~a y N ~ ~ ~ A U s~ ti y ° ~ o n o ~ Dn a ~ ~ D m w O N ~ ~ A D A ~ L~ pp O ~ D O ;ry ~2 Z m m o ~ L ~ ~ 3 ~ N Il A 'a ~ j ~ Z Z r N A A A m ~ m (1 ~ rll v w p r O t? M U 6 m co O y ~ ~ m D ~p \ I I - FII'__'\ I II \ I I II I - - - • ;I ` ~ _ , , ~ ~ o - ~J 'I II I i II d ~ r I 7 IN - i - r I a ~{r- il - ~ - i u -r I il ~ I u - I i \ i \ a A Z m r A 0 --i ~ - ~ I ~ e ~ n I ~ ' rl 4 I II ' I i_ I i , I I I ' \ m 9~ 0r 0L $m ~ ifi m r ~ 0 0m 0M 0 $ I T PROPOSED ~ ~ rn - r rE , ~ m~ o u ~ ~ ~ WILLOWS 74 w;ilo. Rwd C)~~ Vail, Colorado o R ~ : Attachment D ~ The Willows Redevelopment Cnmparison Proverties Name and Address: Bishop Park, 43 and 63 Willow Place Legal Description: Lots 1 and 2, Bfock 6, Vail Village 15t Filing Zoning: High Density Multiple Family . Land Use Plan Designation: Village Master Plan Current Land Use: High Density Multi-Family Development Site Size: 30,848 square feet (0.71 acres) Total Site Standards Allowed/Re4uired Existinq Difference Density, GRFA (max): 18,493 sq.ft. 21,482 sq. ft. > 14% Site Coverage (max): 16,966 sq. ft. (55%) 10,766 sq. ft. (34.9%) < 20% Building Setbacks: 20 ft. 5' > 15' Height: 48' 55' > 7' Name and Address: Riverhouse Condominiums, 83 Willow Place Legal Description: Lot 3, Block 6, Vail Village 1 $t Filing Zoning: High Density Multiple Family Land Use Plan Designation: Village Master P{an Current Land Use: High Density Multi-Family Development Site Size: 16,523 square feet (0.38 acres) Total Site Standards Allowed/Required Existin Difference Density, GRFA (max): 9,767 sq:ft. 16,190 sq.ft. > 60% Site Coverage (max): 9,087 sq. ft. (55%) 7,148 sq. ft. (43%) <12% Building Setbacks: 20 ft. .2' > 19.8' Height: 48' NA NA 0 Name and Address: Edelweiss, 103 Willow Place Legal Description: Lot 4, Block 6, Vail Village 15t Filing Zoning: hiigh Density Multiple Family Land Use Plan Designation: Village Master P{an Current Land Use: High Density Multi-Family Development Site Size: 15,825 square feet (0.36 acres) Total Site Standards Allowed/Required Existin Difference Density, GRFA (max): 9,487 sq.ft. 20,970 sq. ft. > 55% Site Coverage (max): 8,703 sq. ft. (55%) 6,963 sq. ft (44%) < 11°/a Building Setbacks: 20 ft. 0' > 20' Height: 48' NA NA Name and Address: Summer's Lodge, 123 Willow Place Legaf Description: Lot 5, Block 6, Vail Village 1 S` Filing Zoning: High Density Multiple Family Land Use Plan Designation: Village Master Pfan Current Land Use: High Density Multi-Family Development Site Size: 14,063 square feet (0.32 acres) Total Site Standards Allowed/Repuired Existinq Difference Density, GRFA (max): 8,438 sq.ft. 11,202 sq.ft. > 32% Site Coverage (max): 7,031 sq. ft. (50°la) 7,420 sq. ft. (53%) > 3%` Building Setbacks: 20 ft. 1' > 19' Height: 48' 435 <4.5' 'facts in file regarding site coverage were conflicting Name and Address: Riva Ridge North, 133 Willow Place • ` Legal Description: Lot 6, Block 6, Vail Village 15' Filing Zoning: High Density Multip{e Family Land Use Plan Designation: Village Master Plan ~ _ ~ 1\ Q ~ ~ ~ a i ~_i• ~ 1 • ~ ' ~s ~ ------r`i°-- t ~ ~ ~ • ~ J I ' ' 1 , I t' lT~,_•--" - ` ~ I ` y ~i ~ , " 1----~ r ~ ? ~ ~ ! I r------------~ 1 ~II I ~ ~ ~ I i .••r i • ~ t_-~- i , ~ ~ I ~ i i .ru ?.n I . ` ~ ' ~ ~ • M 1T ~;T~ f]aM I ~~__4-- ~ ' ~ • ~ ' - ' I ~ \ \ 3 ~ ialsoyw'yyy8LE51940d(BLIOL'8np'pasodad-8uq~xe p~Z£Z~PeDOLZ£Z~smoy~91Z£Z1.i3Wtl~2iY0 , Current Land Use: High Density Multi-Family ~ Development Site Size: 11,935 square feet (0..274 acres) Total Site Standards Allowed/Repuired Existin Difference Density, GRFA (max): 7,161 sq.ft. 13,126 sq. ft. > 54% Site Coverage (max): ? sq. ft. (55%) ? sq. ft . Building Setbacks: 20 ft. 1' > 19' Height: 48' 45' < 3' Name and Address: Riva Ridge South, 114 Willow Road Legal Description: Lot 7, Block 6, Vail Village 15t Filing Zoning: High Density Multiple Family Land Use Plan Designation: Village Master Plan . Current Land Use: High Density Multi-Family Development Site Size: 15,333 square feet (0.352 acres) Total Site Standards Allowed/Repuired Existinq Difference Density, GRFA (max): 9,199 sq.ft. 19,824 sq. ft. > 54% Site Coverage (max): NA NA NA Building Setbacks: 20' 1' >19' Height: 48' 45' < 3" Name and Address: The Wiilows Condominiums, 74 Willow Road (existing) Legal Description: Lot 8, Block 6, Vail Village 15t Filing Zoning: High Density Multiple Family Land Use Pian Designation: Village Master Plan Current Land Use: High Density Multi-family Development Site Size: 21,144 square feet (0.49 acres) Total Site Standards Allowed/Required Exi•stinp Difference ~ Density, GRFA (max): 16,069 sq.ft. 18,607 sq.ft. > 13°/a Site Coverage (max): 11,595 sq. ft. (55%) 12,638 sq. ft. (60%) > 5°/a Building Setbacks: 20 ft. 4' >16' Height: 48' 48' NA Name and Address: 44 Willow Road Legal Description: Lot 9, Block 6, Vail Village 15t Filing Zoning: High Density Multiple Family Land Use Plan Designation: Village Master Plan Current Land Use: High Density Multi-family Development Site Size: 12,630 square feet (0.29 acres) Total Site Standards Allowed/ReQUired Existinq Difference Density, GRFA (max): 7,579 sq.ft. 7,531 sq.ft. < 1% Site Coverage (max): 6,947 sq. ft. (55%) 4,678 sq. ft. (37%) < 18% Building Setbacks: 20 ft. 10' >10' Height: 48' 44' < 4' opei°I.7'IIeA Attachment: G z W ~ aH.L o I_ a 5 a aasodoaa _ - _ - - ~I ~ i ~ 3~ a I AO%L J ~ ~ ~ ~r • ~ - • u- , ~ ~~15 5 n p ~ '7, • \ _ Y ~ ~ ~ ~G~~ 'AC%/ / ~ l~~j S~, x _ •'.I 3 5 ' • 4~:,~:. ~ ` x zr I ~ Y ~ j ~ •g . , g3 d.~ ~ . a ! ~ p ~ + ~ • - _ . g ' L Y_ ~n ^ t T . j ~`,•;i~l; e ~ , ~~,,;,,~~.,;,,%I i i , / ~ $ ~e • ~i -;~~I~~ ~ ~ 'I \ d~g $ "x ~ _ i~~~ ~~L $g ~I ~ Z ' •.7 ~ d~~ ' • ~~7 ~~J I iiaxYi•[ I ~ ..*-`c ~ 045i4S F 1l6.BE\\ l~!. 'S ./II`\~ I I 9~ ~•a! ~ d a ~ 77;y rc • I i ' ,uu 'm wr .o-.-t Attachment: H oNl Owa33wOrv~ („vOEI MOZ'7M S.'~' MVl10 ~ • "11VA 1`d SMO"T7M 4-LL AS • ~ ~ z ~ ~ \ U ZZ 'Cl j c j zm ~f,_~ ~ _ ~ ti,< \ ~h a b ji N ~ ~ m Z ~ '7", F- U X{ i ` W V~ J !I Q ~ ~ \ U o \ LV ~ + W +1Jt(\ ~L 0 N 00 \ f ' I 10 m > N ~ m a . ~ I a 5( 7, / 0 ,,P a , F ` • n~ ~z o I ~N~ J I ~ m O ~U I~ W t j ~ a . LZR N 4'...l.',~t~~ ~ I O Z saMnoo 'Ay OE 6Z' L L 900Z18lW8mP'SN011335 3ddOS1332i1S11lM3\6MP\E0090A01\ d ouu roM eor a+u nw ~ nNi W~T33NiON3 MOTU ol' ¢~ovo ~ vn ar mavw -Iron ld snno-rmn a-u ,r ,NMWAA ,L,O , W i-. F- p ' . Q. . ~ " ` ` \ a~~ , < W & ~ Z . _ , S a 7_ ~ • ; . _ J_. / ' ~ Co 4 ~ ~Fmm l° ~ o =1 \ M ~ .3 ~ ar+~ i§l r - .'u ~ ~i r~// 0 W ?~A( ' ~ ~ / f /1 I ~ q~ ; ? ~ ~ ~ ~ ~ ? ~ ~ , , ~ i Q N~ ~ ~m0 20W~ m LZ2 0, s81moO'WV 6Z:9Z; ~ L 900ZfBlL L'6MP'SN01133S 3db'OS1332l1S111AlO\6MP\E0090A01\:d . Shadow Analysis for March at, 2oo6 IQ:oo AM r~ 4a- - ~ j " r y,..,..,_...••...._ ~y ~i ~s ~ ~ xw ~ ~ ~ ~ il L ~ + u ~ ~.,J-• l w ~ . '~jlptv ! -fpd~ ~T~ I ~ , > . ~ ~ , ` ~ \ Qda RiSirRitlge South ,``~.ro._.?' • '~-ti.,..„.,"."_•-... F y ~ purest Roa. ~ , Legend Shadows cast by bulldings and terrain r_ N Builclings used in shadow model w --l E. Other building foatprints Prepared by: - Parcel lines Navember 7, 2aa6 Computer Terrain Magping, inc. P.O. Box 9962 , ~-ioa feet-~ Bosider, Cd 80306 The Wiilows Revisian: JoeNo: 23270 sheet No: VAIL, COI.ORADO Drawn By: RESORT DESIGN ASSOCIATES INTERNATIONAL Date: • 1434 Spivice Street Suite 110 fax: 303-449-3368 Bouider, Colorado 80302 Tef: 303-449-4433 $calg; • Shadow Analysis for March 21, Zoob z:oo PM i ~ - . ~ ~ i~• ~ , , r./ , , f . . Ej/, . : ~ ~ i '~r j-."'i- j"L,,,w^ _ r-J" i I..„w„ ti ~L..:~--•~.; 1 ~ ~ <441witlOW N d ~-~4` Rluu Rtd~c Suuth " ' ~rp - ' 1 f _ . ! or r... Raa~ } a Legend ' Shadows cast by buildings and terrain N El Buildings used in ahadow model w ( St " '•s e 7 Other building foot~~rints ~ Prepared by: Nuveanber 7, 2006 Camputer Terrain Mapping, [nc. Parcel lines P.O. Box 4982 ~ I--ioo feet-~ Boulder. GO 8o3o6 The Willows R@VISIOft: JobNo: 23270 t'Jh8@t N0: ~ VAIL, COLORADO Drawn By: RESORT DESkGN ASSOCiATES 1NTERNATfONAL ' pat8: 1434 Spruce Streec Suite 110 Fex: 303-449-3368 80ulder, Colorado 80302 Tel: 303-449-4433 SCale: • 5hadow Analysis for 5eptember 21, 2oo6 io:oo AM ~ '~•q ~ l i c "/,v ~+~^,r ~ ~ . ~ ~t ~ , ~ `ti. :,.r• \ w` •fa 1flUW N141 L' d ~L ~Y / 1 t".,,~-...'_~„+ *r~y.~ ~y`'"` . ~ ~ ~ - ~ ~`i.,\} I~,QQ~ ~'',,,`~Y ~ ~ ;a~ ~ ~ ~ ~`"'`=.s3~ fj • 1 ~~J ry ~ Rsva RfJge S4E~tl1 1 orC~t ---.r.,,..~ ,1 • ~ r-^ „ ~``-•-....ry ~ Legend Shadows cast by buildings and terrain N i El` Buildings usec~ in shadow model w , I'll ~ Other building footnrints s Prepared by: Novernber 7, aooG Computer 1'errain Mapping, Tnc. Parcel lines P.O. Box 4982 ~--iao feet-~ Boulder, CO 80706 The Wiliows Revision: Job No: 23270 Sheet No: VAIL, COLORADO flrawn 8y: RESORT DESIGN ASSOCIATES INTERNATIQNAL Date: ~ 1434 Sprice Street Suite 110 Fax: 303-449•3368 Boulder, Cobrado 80302 Tel: 303-449-4433 rscale: . Shadow Analysis for September 21, 2oo6 z:oo PM t , : , s , • , r ~ f ~ ~ ~ ~ C _ ~ ~ r?,,r ~ '''t ~ _ V..~ , . F ~ • .,w. ~ \ ,w~'YG,, ' r \ S~,•^ ,l i ~ ~ O- W.! ~ `.m..,.. • ~ . , i ` : `,r~'"` """"••~v~jdr~ `'~4 Y;° ~ ~ ~ ~ ° w!~ ~ r ( `ti~ ~t,.. , ,•'w . ~ ~ ' t ,,,,,.r°' , w ~ P~~~~~ • y" . ~ fttv:t ftidge Sauth . ~ ~•ti. ` r ~ F -.`."°'°w~-_._ ` ,~%F ~ • r. Ul'(s t y~`... . . ~ ~ Road , •l Legend Shaaaws cast by buildings and terrain N Builclings used in shaclow model tiv ~ly~ ~ ~ Other builciing foatprints 5 Prrpared bq: • - Parcel lines November 7, zac~b Compucer Terrain Mapping, Tnc. P.O. Box 4982 }_too feet-~ Baulder, CO 8006 • The Willows REVlSl4f3: Job No: 23270 Sheet No: VAIL, COLORAQO Drawn By: i RESORT DESIGN ASSOCIATES INTERNATlONAL Date: ' 1434 Spruce Street Suite 110 Fax: 303-448-3365 Bouider, Cobnada 80302 Tel: 303-449-4433 ScalB: I • i • Shadow Analysis for December zt, 2006 io:oo AM ~ . I ° 1 ~ ,,l ~ ~ 4 . ~ ~ ~f<. > . J/' ~+4,j ~J 4 ~ yt,l ~ ~ ~ WI// ~ i ~ . i . . ~ . I w, . ~1 . . \ R~ . ~ J...1 t ~ . ~ ~ _ w j tt,' ` fofy~~? ~f~ ~I ~ t p} J nr" r....._..~~-... "y, R\`~• yt. : J - / ~ / .:.,.-~--4 - _ ' v,~ 1 fF .t, ~ t • i 1 s~uc~ ~ \ ~ 1 } Nd ~"`"--_~;..N. ~ ~ ForeSt J{ 1~1 odd ~ _ . I Le,rend ' Shadows cast by buildings and terrain N ED Buildings used In shadow rnodel w c: Other building footprints s Prepared by: Parcel lines Noventber 7, aoc~6 CompuCer Terraln Mapping, tnc. P.O. Eox 4982 ~--EOa feet-~ Bouider, CO $0;06 The 1lllillows Revision: Job rvo: 23270 sheet Nv: VA1L, CoLORADO Drawn By: RESORT DESIGN ASSOCIATES W7ERNATI4NAL Date: • 1434 Sprvice Street Suite 710 Fax. 303-449-3366 Boulder, Cobrado 80302 Tel: 303-449-4433 5C81B: s 5hadow Anarysis for December ai, 2oo6 2:0o PM . . . , r t ~ ,r" ? ~ i 1 ISj 1 r' u^ , Y' . 0 C ~ ` r'~ ~r. . i~ A~j•.,,. . ~i. t ...,_..Jr `~r~~ " I.. I . J ' r . ',.r'.• ~ ~ l ~ •v y _ . 1 4 WJ/J~~y f 1 ~i t 'p } ' 7 - ~n i ~ _J , ' . ~l ~ _..z I . ~ . ' ~ I . . 'Y~~, F j fi~b• f f ~j ! J y. . . ~ , O Rlv~r RW~Sc SuuCh s'~ i 1 1~ F.pre, d ct Roa J . ~ , ~ 4~ . _.i ~ . . J ~ y - Legend Shaclows cast by buildings and terrain N ' Buildings used in shaclow mndel 44 ~+w.:- +~ry^ 6 1 7Y ~ Other building faotprints 1 Prepared by: Novernber 7. 20(.)6 Computer Terr:rin Mapping, inc. Parcel linrs P.O. Box 4982 I--ioo feet Buulder, CO 8o;o5 ~ The Willows R@VlSlpll: Job Na: 23270 Sheet No: • VAIL, COLORADO ' Orawn By: RESORT DESIGN ASSOCIATES INTERNAT[ONAL oate: 1434 Spnice Street Suite 110 Fex: 303-449-3386 8ouhler, Catorado 80302 Tet: 30.3-449-4433 Scafe; Attachment: J ' o• c~ co °l 3 i 104 (7) 0 LU N N Ln x W z ~IIfl~l~llVll~Z 0 LU ~ f0 4) a . i n Z ° Z n- ~ C ~W I I W ~ Q11` ~N ~ ~ I 11 1I z CD co W v' ~ IIII (J 3 x N N ~ W =w ~ ~ z ~ ~ I W x m a f0i o°D a . ~ r- g g? a tn 'e g m ~ 'C E W N ~ aP 'r2 r F W Q Q w r '~"'w N a t- ~ ~ a ~ Ln Ln • `n `n ~ ° y o N 'X t0 V W 00 00 W O O ` ~ nj 0 o y 43 a E _ ~ w c`nn ~ a~ `r' 00 °i > ~ cod c oo . w m w o O L y w o a ~ ~ • C d M~ n'C a' Nti ~c o o O° ~ m~ c N • G 0 ~ y Id C o~ ~ y m a rn w o~ ~ c' ~ k r- ~ ~ o a n ~ rn rn rn rn (3) 00 T N N N C C W c ~I m a ~ c'r a C. N C ca " ce) F- ~ CN o a a w ~ a ~ t u . ' T M y a Vid d 7 7 7 C E Y ~ j 'd Q Q O O O d 4 O 7 ~ Y~ C S= -J~ O ~ S 7- ~y Y .x ~ ~ v N~ d N ~ N d) C 1~'0 ~ u.{ y ~ y a ~ CL 4- ~ n- o- ~ Y ~ h. cL a. o, 2 2 ~ .R 4) w 7Q°" a Q4°' oaa j > E 'A ' N`q> cz eo y cr 3 g ?-G ~ > N •o' ~ A o N ~ X otts~ '0M B0~ xr ~ - ~ 3 3N,ON =O. P' <~m4'cJW O y / a r a ~ l ! o =°'g'`-?- o °p,, u' c. ~ ~O-N ~ 2'~ Z ~r ' 1.4~ ,.i ~i wo4ovt~a ~ j1 c~3 N O • cv • t Y ~ !fi- - f h -M g a ~ J f--~..~ ? `;7 ~ - ~ ~ ~ - - l~~ o g J . ~ ~,(g A 1 ` f r~`'•~-~ ~ - O o ~s ~ 1 1 $ Attachment: K' THE WILLOWS • 74 Willow Road Vail, CO Project 23270 October 13, 2006 I Gross Square Footage: (Measured to the center of corridor walls and the Ioutside face of structure of exterior walls) First Floor: .Unif #101 ~(R..F.:.#L):;;1;260 sq ;Unit #102,,(F;F::,,#2): 1,3:10 s,q..,ft.,~ Urut #103~(F F.,#3);;1,325:,sq..ft: ,Lirut,.# l O~W.u..Q.,;~~:.~:3AQ.,sq.. jUnit #105 (Employee): 670 sq. ft. Unit #106.~(W.O. #6); 2,110 sq. ft: , First Floor Total: 8,015 sq. ft. - ~ 10 3f5 Second Floor: Unit.#20;1 (F F;;;#.,4); 1,310sq ft Or ~ . Urut #2.02 (F FN~#S) 1;165, s~. ft,_'I Unit #2.Q3;,(W.:Q #1).~`1,96'S sq. ft. °r, , Uijit'#204 (W:O: #3)':;.2,740~sq ft~;'- Uriit #205'(W.0. #7):'''2,OSS sq: ft.1 Second Floor Total: 9,235 sq. ft. Third Floor: tlnit #301 #.F: #6): 1;310 sq. fta Unit #302 (F:F,, #7). ~1,165, sq ft,:;,.0 Unit.#303 (W.O #2): .1,96'3 sq°'~~ Unit #304 (W.O. #4): 2,740,sq. :ft. ' Unit #305:(W.0.48): 2,055 sq. ft.' ! Third Floor Total: 9,235 sq. ft. I Fourth Floor: 14-1 41 Unit #402 (F.F': #9): -1;165 sq. ff. Unit #403 `(W.O. #9): 3,950 sq. ft. ' Fourth Floor Total: 6,425 sq. ft. Gross Total: 32,910 sq. ft. • ~ 32 , Z w~ i Q~me~.~ ~jrt l(q _ . . ; Attachment: L . . ~ ~ THIS ITEM MA UBL C NOTIOER PROPERTY NOTICE IS HEREBY GfVEN that the Planning and Environmental Commission of the Town of Vai1 wili hold a public hearing in accordance with section 12-3-6, Vail Town Code, on September 25, 2006, at 1:00 pm in the Town of Vail Municipal Buiiding, in consideration of: A request for a recommendation to the Vail Town Council of a proposal to establish Special Development District No. 40, pursuant to Article 12-9(A), Special Development Districts, Vail Town Code, to allow for the redevelopment of the Willows Condominiums, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1 St . Filing, and setting forth I details in regard thereto. (PEC06-0061) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed A request for final review of a conditional use permit pursuant to Section 12-6H-3, Conditional Uses, af{ow for the construction of timeshare estate units, fractional fee units and timeshare license units, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 15t ~ Filing, and setting forth details in regard thereto. (PEC06-0062) , • Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC ' Planner: Elisabeth Reed A request for a final review of an exemption plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, for a modification to a shared property boundary between Lots 3 and 4, Block 5, Bighorn Fifth Addition, located at 4916 and 4920 ' Juniper Lane, and setting forth details in regard thereto. (PEC06-0063) Applicant: Slick Asset Management Trust, represented by William and Sally Slick, Co- Trustees Planner: Matt Gennett 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 WesULot 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 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 September 8, 2006, in the Vail Daily. ~ i I I • I ~ Attachment: M • Willows SDD application Adjacent owners mailing list 100 Vail Road William J. Dore Cl0 Dore Family Office PO Box 67 Sulphur LA 70664 10 Forest Road Ronald J. Byrne 10 Forest Road Vail CO 81657 44 Willow Place Patricia L. McMunn Unit 1 1741 Galleon Drive ~ • Naples FL 34109 Helen Miller Kurtz Unit 2 6 Eaton Road Scarsdale NY 10583 Alford, Theodore Bruce & Barbara Lawrence One Chesmut Weston MA Unit 3 02193 Bishop Park Bishop Park Condominium Association C/O Phillips & Associates, Inc. PO Box 1403 Vail CO 81657 Edelweiss Edelweiss HOA 103 Willow Place . V ail CO 81657 Riva Ridge South • Riva Ridge South Condominium Association C/O Willows Management 74 Willow Road Vail CO 81657 Willow Road Public Park Town Of Vail 75 S. Frontage Road Vail CO 81657 • • ~ I , Law Office of Attachment: N Arthur A. Abplanalp, Jr. • L.L.C. Telephone: Post OffiCe BOx 2800 Physical Address: 970.476.0300 Vail, Colorado Suite 301 970.476.6500 81658-2800 Vail 21 Building Telecopier: 972 East Lionshead Circle 970.476.4765 Vail, Colorado E•mail: Art.Abplanalp 14 September 2006 81657 @earthlink.net Planning and Environmental Commission of the Town of Vail 75 South Frontage Road West Vail CO Rc: VJiliows Condominium Redevelopment Members of the Commission: This office represents Riva Ridge South Condominium Association in connection with an application for the demolition and redevelopment of the Willows Condominium, which is adjacent to Riva Ridge South. The application for the redevelopment of the Willows Condominium is scheduled for a work session with the PEC on the 25th of September, and this ~ letter is being directed to the PEC in connection with that work Session. It should first be emphasized that Riva Ridge South supports the redevelopment of the Willows Condominium. On its face, the current Willows redevelopment plan appeaxs to be attractive. Although there is at least one violation of the common property line by a proposed roof line, that anangement may be acceptable to Riva Ridge South, recognizing that a similar condition may exist with reference to the roof of Riva Ridge South. There are, however, several considerations which compel Riva Ridge South to point out that the application is not ready for formal consideration by the Town of Vail, although the work session review which is scheduled is a logical and necessary first step toward redevelopment of the Willows project. First, ±he application filed :vith ±he Tawn of Vail does not intiica±e whether 0: aat t?;e current proposal can proceed without the use of the lot to the east, which is the Riva Ridge South Condominium property. By overlaying the Garage Level Floor Plan (which doesn't establish the location of the property lien or Riva Ridge South) on the First Level Floor Plan (which does establish the location of the property line and Riva Ridge South) (see attached), it appears that the garage/foundation wall will be only approximately thirteen feet from Riva Ridge South (without consideration of the actual area of excavation, although Mr. Pyleman has indicated that the Willows actually is to be moved eighteen inches to the west). Excavation and construction in such close proximity to Riva Ridge South may affect the structural stability of its building. Information regarding the nature and effect of this proximity, which has a direct relationship to the question of whether the Willows project can proceed without the use of Riva Ridge South ~ land, should be provided and available to the Town before formal consideration of the application by the PEC. • Recent discussions between the Willows developer and Riva Ridge South indicated that it may be impossible to constnict the east wall of the proposed parking garage/foundation wall without the use of soil nails or similar devices which would extend across the property line onto Riva Ridge South property. If this is the case, the use of soil nails or other construction technique may affect the structural integrity of the improvements on the property. Although representatives of Riva Ridge South have discussed the project and hope to cooperate with the Willows developers, at this point in time no information regarding construction techniques have been provided. To the best of the knowledge of the representatives of Riva Ridge South, plans have not been developed by the Willows developers which identify the requirement for construction of that garage/foundation wall or the nature, scope, or impact of such construction on Riva Ridge South property. The developer should be required to confirm the type of construction technique which will be employed so close to an existing building. The questions of whether Riva Ridge South property must be used or penetrated in association with the Willows project and whether Riva Ridge South can or will permit the use of its property in association with the Willows project must be resolved prior to formal consideration of the Willows application. Otherwise, the Town may find that it's staff time and effort will have been devoted to a project which cannot proceed because the project is premised ~ on an assumption (use of Riva Ridge South property) which cannot be realized. I Riva Ridge South has several other concerns which should be considered early in the II consideration of the Willows project. One central concern is the preservation of existing large trees which are located in whole or in part on Riva Ridge property. One of these trees appears to be within ten feet of the proposed Willows garage wall (again without consideration of the actual area of excavation). ' These trees may be killed by adjacent excavation and construction activity. Riva Ridge South is also concerned regarding the demolition of the current Willows structures. While it is, perhaps, to early to expect definite answers to this concern, it is a concern which will arise during the planning process. Another issue relates to the possibie redevelopment of the Riva Ridge South project. Riva Ridge South must obtain assurance, to the extent possible, that the development of the Willows project will not affect or limit the redevelopment of its own property. Further, the effect of the Willows redevelopment project should not affect the enjoyment of the Riva Ridge South property by its owners. Although a commitment has been made to provide visual depictions of the appearance of the Willows project from the Riva Ridge South condominiums, that has not yet occurred. • • While the fundamental and preliminary questions of (a) whether Riva Ridge South property must be used in association with the Willows development property and (b) whether the Willows redevelopment plan may affect the structural integrity of the Riva Ridge South property should be determined before formal consideration of the Willows project occurs, each of these concerns noted above should be dealt with and resolved during the early review of the project proposal. For each of the reasons noted above, Riva Ridge South Condominium Association cannot, at this time, provide any assurance whatsoever that the Willows redevelopment project will be able to use Riva Ridge South property or that support can be given to what generally appears to be an attractive project. In order to determine whether the Willows project can proceed without the use of Riva Ridge South property, the effect of the proposed construction in close proximity to that property must be determined and evaluated, and a decision should be made regarding the terms upon which Riva Ridge South property may be used, if such use is necessary, befare the Willows application receives formal consideration. . If the PEC and the Town of Vail proceed with formal consideration of the Willows redevelopment project, that decision must be premised upon the understanding that no agreement may ever be reached permitting the use of Riva Ridge property in the redevelopment of the Willows. Approval of a project premised on an erroneous assumption would be an unfortunate and expensive experience for all concerned, and the Riva Ridge South Condominium Association hopes that, to the extent possible, these issues will be resolved before action is taken by the Town on the pending application. If you have any questions regarding the foregoing, you may contact me. On behalf of the Riva Ridge Condominium Association, I thank you for your consideration of the Association's concerns relating to this matter. Ve truly yol - c.c.-`_ Arthur A. Abplana , Jr. Enclosure xc: Riva Ridge South Condominium Association Town of Vail Department of Community Development • Attention: George Ruther and Elizabeth Reed ~-p; ~ , . ~.n~ ' g t ~ ' o~ ~ j'r;S # BII d Slk\ O"IZIX\ z q ~ 3 z _ 3H.L pi i f 3 gl O350d02id LL ~ ~ o ~f L~'~~ ~ E ~ ~ o ~ ~ 3 J c Z ~ V I I ~ ~ O I J LLJ I (Y c ~ S ~ . , ? I • ' i r.... . • . . w . \ . . ~ i , „ • cm .r....__. . I h I ~I \~f ~ . i=~. ~ . • ' , ~ A I w C/) ~ , . FYI ~ - _.I..._.5 `f L = ' - - " I' i. .1I T• . „ ~ . . ~ ; ~ , I . _ ~ Y ~ , ' . t . j i ~ _ . ~ I ' I r r• ~ ` W - U , I v _ • / 12- ~ IP)0 7% ~)66F ,•V ~'R . 3i ~ I ?J ~_L w O1'S. ~I' C ~ ~ ~ ~ ~ ~ _ ~ ~ I ~ ° ~ J NJ ~ ~ In~ ~ Z y I 4 • ~ W ~ . 3 ~ ~ , Law Office of Arthur A. Abplanalp, Jr. • L.L.C. Telephone: Post Off1Ce Box 2800 Physical Address: 970.476.0300 Vail, Colorado Suite 301 970.476.6500 Vail Telecopier: 81658-2800 21 Building 472 East Lionshead Circle 970.476.4765 Vail, Colorado E-mail: Art.Abplanalp 09 November 2006 81657 @earth(ink.net Planning and Environmental Commission of the Town of Vail 75 South Frontage Road West Vail CO Re: Willows Condominium Redevelopment Members of the Commission: This office represents Riva Ridge South Condominium Association in conriection with an application for the demolition and redevelopment of the Willows Condominium, which is adjacent to Riva Ridge South. The application for the redevelopment of the Willows Condominium is scheduled far final consideration by the PEC on the 13th of November, and this letter is being directed to the PEC in connection with that hearing. • As was noted in the letter sent to the Town in association with the work session consideration of the Willows proposal in September, it should first be emphasized that Riva Ridge South supports the redevelopment of the Willows Condominium. The current Willows redevelopment plan appears to be attractive and to have been developed in a manner consistent with the concerns of the neighboring property owners. Consistent with the position of Riva Ridge South during the work session, this letter is being provided to the Town in part to confirm the conditional and qualified support of the proposed Willows project. The second purpose of this letter is to confirm that there remain several concerns with the project which, though not yet resolved, appear to be on track toward resolution in a manner which should permit the proposal to advance to the Town Council for consideration on the question of the creation of a Special Development District consistent with and based upon the plans delivered and representations made to Riva Ridge South. Critical to this qualified support is the assumption that, if granted, the set-backs from Riva Ridge South and the courtyard established west of Riva Ridge South will be integral elements of the Willows redevelopment plan. The concerns which have been expressed by the Riva Ridge South Condominium Association were reviewed in my letter to the Town of the 14th of September but should be reiterated and up-dated in connection with the forthcoming formal hearing. The foremost concern of the Association is the proximity of the proposed Willows project to Riva Ridge South. This concern is associated (a) with the possible effect of construction and (b) with the interrelationship, with reference to set-backs, between the two • structures. The developer of the Willows project has provided a preliminary report from an engineer indicating that the construction techniques to be employed in the project will not affect w • the Riva Ridge South structure. The building configuration has been changed somewhat to increase the separation of the two structures at their closest point. Although additional information related to the construction technique analysis may be necessary, that report and the change in the location of the proposed Willows stnicture have given the Association some assurance regarding its principal concerns. A second central concern remains the preservation of existing large trees which are located in whole or in part on Riva Ridge property. The Willows developer has provided a preliminary report regarding the probability and techniques required to preserve those trees, to the extent possible. Again, the developer seems to be on track to satisfy the concerns of the Association with respect to this matter, although additional information is to be provided. Riva Ridge South is also concerned regarding the immediate effect of demolition of the current Willows structures and construction of the new Willows project. The Willows developer has indicated that the company is willing to enter into an agreement to establish a construction program mitigating those impacts and dealing with other concerns, and the Association is willing to work toward creating such an agreement in the near future. While conditioned upon and qualified by the understanding that there will be progress and resolution regarding the concerns of Riva Ridge South as the Willows project progresses, Riva Ridge South Condominium Association is able, at this time, to indicate that it supports the • Willows redevelopment project as it is presently configured and upon the condition that the issues with which it is concerned will be resolved prior to final approval of the proposed SDD. ' If the PEC and the Town of Vail proceed with formal consideration of the Willows redevelopment project, that decision must be premised upon the understanding that the commitment of Riva Ridge South to support the project before the Town Council will be affected by the anticipated progress toward resolution of identified issues. Riva Ridge South has no reason to believe that resolution of those issues cannot be achieved. If you have any questions regarding the foregoing, you may contact me. On behalf of the Riva Ridge Condominium Association, I thank you for your consideration of the Association's concerns relating to this matter. CArt tru ly yo s, hur A. Abplana , Jr. xc: Riva Ridge South Condominium Association • • MEMORANDUM TO. Planning and Environmental Commission FROM: Department of Community Development DATE: November 13, 2006 SUBJECT: A request for final review oi a request for a Conditional Use Permit pursuant to Section 12-61-1-3, Conditional Uses, to allow for the construction of timeshare units, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 15t Filing, and setting forth details in regard thereto (PEC06-0062). Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed 1. SUMMARY The applicant, The Willows Condominium Association, Inc., represented by Triumph Development, LLC, is requesting final review of a Conditional Use Permit, pursuant to Section 12-61-1-3, Conditional Uses, to allow for the construction of timeshare units within the High Density Multiple Family zone district at The Willows Condominiums, located at 74 Willow • Road/Lot 8, Block 6, Vail Village Filing 1 St Filing. 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 conditions, the applicant's request for a Conditional Use Permit to allow for the construction of timeshare units in conjunction with The Willows redevelopment. A complete summary of the Staff's review is provided in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST I The aPplicant, The Willows Condominium Association, Inc., rePresented bY TriumPh ~ Development, LLC, is requesting final review of a Conditional Use Permit, to allow for the construction of nine (9) timeshare units at the referenced address. These timeshare units would be additional to nine (9) whole ownership units and one (1) Employee Housing Unit to be constructed in association with the redevelopment of The Willows Condominiums. Timeshare units are listed as a Conditional Use within the High Density Multiple Family zone district, which is the underlying zoning of the subject site. Though the applicant is jointly requesting a recommendation of approval for the creation of Special Development District (SDD) #40, the underlying zoning still dictates the allowed uses upon the site. A vicinity map, floor plans and elevations, the applicanYs request and other applicable items have been attached to the associated SDD request for reference. ~ III. BACKGROUND The applicant met with the Planning and Environmental Commission on September 25, 2006, 1 J to present a proposed development application and two requests: one for the establishme a new special development district intended to facilitate the redevelopment of The Will Condominiums, and the second for review of a conditional use permit, to allow for the construction of timeshare units. Since that time, a third application has been submitted for review by the Planning and Environmental Commission to request a Conditional Use Permit of an Employee Housing Unit, which request is also under consideration today. The Zoning Regulations currently permit various types of interval ownership in four different zone districts. Those districts include the High Density Multiple Family (HDMF) District, Public Accommodation (PA) District, Lionshead Mixed Use 1(LMU-1) District and the Lionshead Mixed Use 2 (LMU-2) District. The applicant is proposing to replace the twenty eight (28) existing one bedroom whole ownership units which exist today with nine (9) whole ownership units, or multiple family residential dwellings, which are a permitted use within the HDMF District, nine (9) timeshare units, a conditional use, and one Type III Employee Housing Unit, also a conditional use. The declarations and covenants currently in place by The Willows Management Company are structured similarly to a fractional ownership use, in that they allow thirty days of summer use and thirty days of winter use per owner. The applicant has chosen to form a similar situation by forming nine new 1/4 share two bedroom timeshare units, resulting in eighteen new short term rental beds. The applicant is further increasing the number of short term rental beds to twenty three (23) short term beds by designing five "lock-off units" which will be accessed from the whole ownership units. The applicant plans to strongly encourage the rental of the lock off units. IV. 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. Plannina and Environmental Commission: ' Action: The PEC is responsible for final approval, approval with modifications, or denial of CUP. Desiqn Review Board: Action: The DRB has NO review authority on a CUP, but must review any accompanying I 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 evaluation of the project with respect to the required criteria and findings, an recommendation on approval, approval with conditions, or denial. Staff also facilitates the 2 • review process. V. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code Section 1 2-2-2 Definifions: Time-share Unit: A dwelling unit which includes a fractional fee, time-share estate, or time- share license as approved by the Town of Vail. No offer of a fractional fee, time-share estate, or trme-share /icense in a time-share unit shall be made except pursuant to an Application for Registration and Certification as a Subdivision Developer of a time-share program or an exemption from registration approved by the State of Colorado Real Estate Commission pursuant to C. R. S. 12-61-401 et. Seq. and the Rules and Regulations promulgated pursuant thereto. Chapter 12-6H: High Density Multiple Family District Purpose: The high density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same zone district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominrum and lodge uses, and to • maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitfed, are intended to blend harmoniously wifh the residential character of the zone district. Chapter 12-6H-3: Conditional Uses (in part): The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 96 of this title: ~ Timeshare units ~ Chapter 92-96: Conditional Use 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 condifional 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 effecfs on surrounding properties. The review process prescribed in fhis 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 condifional uses will be in accordance with the development • objectives of the Town and will not be defrimenfal to other uses or properties. Where ~ 3 I ! conditions cannot be devised, to achieve these objectives, applications for conditional • permits shall be denied. B. Vail Village Master Plan 2.3 Obiective: Increase the number of residentiai units available for short term overnight accommodations. 2.3.1 Polic : The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes fhem available for short term overnight rental. 2.5 Obiective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.5.1 Polic : Recreation amenities, common areas, meeting facilities and other amenities shali be preserved and enhanced as a part of any redevelopment of lodging properties. • • 4 • WILLOW CIRCLE SUB-AREA (#2) : • ' .1 ,w, ' r,~,,,,' _ y a :.,ryr .r "ti,,, • « F ~ s a ? ~ • r l "A J mm~''1 ~ ~ `w., • ~ •~r~ 1 ~ . ~M a 4u r'4-4C , pyr~ ~ ~ 4 M f / M ? C''y ~Mf.. r ~ ?,Ir.r ~ ~ w w : + • ~ f rtA1MV1..• f Y+F~/`r : ~ FP P K . , . . . . . . ~ « . » + . ~ .i~.~~r~ww+? •r~~• ?C „r r d ..r • ~ i ~ • • r ~ ~ ~ • f ' ~ Y1~A ~~w. ~ ~ +M~~r ~~s ~r . : / 'Jy' • ii .~ir wi ~ f /f t J•yr•si~ll~LLr.~~"11ai~~w , ~ IW~~WM~ ~ M ~i?~~~~• ~ , ~'i.~ r~1 ~ ~ +'ti..w.rwwi r ~ ~ ~ ~ . •r~r~~ /1 ~ A,.Y .r. • a . s . • Y I~~I~' r ~ , . . . • ~y ` ~ . . ;•~~T~~. ~ k ^,,,*.m.... '^'"~4 , A ~ . , ~ . ~ . ^v ~ . ! ,w . Although immediately adjacent to the mixed use developments found in the Commercia! Core and Mixed Use sub-areas, the willow circle sub-area has retained an exclusively residential character. Condominium developments have occurred on all but one of the sub-area's parcels and many of these properties are actively "short-termed" to overnight guests. !n most cases, parking has been provided in underground structures. This design feature, coupled with the Town-owned open space (Willow Circle Park), contributes to the pleasing appearance of this area. In most cases, the levels of development throughouf this sub-area greatly exceed what is allowed under existing zoning (High Density Multi-Family). Gross residential floor area ratios (GRFAR) range from .6 to 1.3, with an average of 1.01. With the exception of one parcel, all properties within this sub-area are, developed at, or over, their permitted levels of development. As such, there is litfle development potential left in this sub-area. VI. SITE ANALYSIS . Zoning: High Density Multiple Family (HDMF) Land Use Pian Designation: Village Master Plan Current Land Use: Village Master Plan ~ I 5 Address: 74 Willow Road/Lot 8, Block 6, Vail Village 1St Filing • i Development Standard (development standard requiring a conditional use listed in bold) ~ ~ Allowed Existinq Proposed ~ Lot Area: 10,000 sq. ft.(min.) 0.4854 acres (21,144 sq. ft.) no change I ~ Setbacks: Front: 20 feet 8 feet 11' (above grd.) Side: 20 feet 4 feet 7.5' (above grd.) Rear: 20 feet 5.5 feet 6.2' (above grd.) Bldg. Height: 45 ft. flat/mansard 48 feet 48 feet 48 ft. sloping Density: 12 dwelling units 28 dwel(ing units 9 Dwelling units (+5 Lock offs) 9 Timeshare units 1 EHU GRFA: 16,069 sq. ft. 18,607 sq. ft. 32,240 sq. ft. (76% of site area) (115% of allowable GRFA) (200% of allowable GRFA) Site Cvge: 11,629 sq. ft. (55%) 12,638 sq. ft. (-60%) 14,110 sq. ft. (-67%) • Land. Area: 6,343 sq. ft. (30%) 2,848 sq. ft. (-13%) 8,540 sq. ft. (40%) Parking: FFU = 0.7 sp/unit 42 spaces 29 spaces DU = 1.4 sp/unit EHU = 1.4 sp/unit 20.3 total spaces req'd VII. SURROUNDING LAND USES AND ZONING Land Use Zonin ~I North: Residential High Density Multiple Family South: Residential Two-Family Primary/Secondary East: Residential High Density Multiple Family West: Residential Two-Family Primary/Secondary VIII. REVIEW CRITERIA AND FINDINGS A. Factors Enumerated: Before acting on a conditional use permit application, the pfanning and environmental commission shall consider the following factors with respect to the proposed use (section 12-16-6): 1. Relationship and impact of the use on the development objectives of • Tow n. ~ I I 6 • The proposai to construct nine (9) new timeshare units comprising eighteen (18) brand new short term rental beds satisfies the development objectives of the Town as stated in Objectives 2.3 and 2.5 of the Vail Village Master Plan in Section V of this memorandum. Staff believes that a positive impact will result from the new timeshare units proposed by the applicant, as the proposal involves upgrading and renovation of short term rental 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. Staff believes that the proposed request for a conditiona( use permit to locate timeshare units within the new Willows building will have no effect on the various aspects of the referenced criterion. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that the proposed timeshare units will not negatively impact the above criterion as the number of timeshare units proposed is fewer than currently exists. Additionally, the proposed architecturaf plans of the building include the provision of a porte cochere entrance, which should substantially improve automotive and • pedestrian safety, convenience, and traffic flow along Willow Road as guests arrive and depart from The Willows. 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 character of the area in which the timeshare units are to be located. The proposed redevelopment will be one of many sites within the adjacent area that has been recently improved. The scale and bulk of the building housing the proposed use are to be reviewed in conjunction with the application for creation of a new Special Development District. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by chapter 12 of this title. The presence of the existing building and parking garage led Staff to the conclusion that an environmental impact report would not be required for any of the three applications associated with The Willows Redevelopment. B. Necessary Findings: The planning and environmental commission shall make the • following findings before granting a conditional use permit: 7 1. That the proposed location of the use is in accordance with the purpose* this tit{e and the purposes of the zone district in which the site is located. ~ Staff believes that the location of the proposed timeshare units is in accordance with the purposes of Title 12: Zoning Regulations and the purposes of the High Density Multiple Family zone district. Such purpose states that "desirable residential and resort qualities" shall be maintained within the district, which Staff has deemed to include the allowance of new timeshare units as a use upon the site. 2. That the proposed focation of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. It is Staff's belief that the proposed location and conditions of use under which the timeshare units will be operated will not be detrimental to public health or welfare, particularly since the applicant is proposing to rebuild a failing structure and construct substantial streetscape improvements along Willow Road as part of the associated SDD request. 3. That the proposed use will comply with each of the applicable provisions of this title. Staff believes that the proposed use complies with each of the applicable provisions of Title 12: Zoning Regulations. C. The following criteria and standards shall be applicable to the uses listed belo consideration of a conditional use permit. These criteria and standards shall b~ , addition to the criteria and findings required by section 12-16-6 (above). 8. Timeshare unit or fractional fee club proposal: Prior to the approval of a , conditional use permit for a timeshare estate, fractional fee, fractional fee club, or timeshare license proposal, the following shall be considered: a. If the proposal for a fractional fee club is a redevelopment of an existing ' facility, the fractional fee club shall maintain an equivalency of II accommodation units as are presently existing. Equivalency shall be maintained either by an equal number of units or by square footage. If the proposal is a new development, it shall provide at least as much accommodation unit gross residential floor area (GRFA) as fractional fee club unit gross residential floor area (GRFA). Because the existing Willows building contains no accommodation units, the maintenance of such, either through number of units or by square footage, is not required of this redevelopment proposal. Staff believes that the applicant is exempt from this criterion. b. Lock off units and lock off unit square footage shall not be included in the calculation when determining the equivalency of existing accommodation units or equivalency of existing square footage. The square footage of the proposed lock off units has been added to the ~ Analysis in Section VI of this memorandum. However, Staff believes that I 8 I • inclusion of this number into the amount of requested GRFA is irrelevant to this proposal since no accommodation units exist today. c. The ability of the proposed project to create and maintain a high level of occupancy. Staff believes that the redevelopment proposal will maintain a high level of occupancy because it will result in a new building with new beds and substantial site improvements. d. Employee housing units may be required as part of any new or redevelopment fractional fee club project requesfiing density over that ailowed by zoning. The number of employee housing units required will be consistent with employee impacts that are expected as a result of the project. Due to the overall decrease in number of units upon the site, the applicant is not required to provide employee housing. However, the applicant is proposing to provide six (6) new employee housing beds within the Town of Vail as part of the public benefit associated with the SDD request. Regardless, Staff believes that the applicant will fulfill a pressing need for additional emp(oyee beds within the Town and complies with the above criterion. e. The applicant shall submit to the town a list of all owners of existing units within the project or building; and written statements from one • hundred percent (100%) of the owners of existing units indicating their approval, without condition, of the proposed fractional fee club. No written approval shall be valid if it was signed by the owner more than sixty (60) days prior to the date of filing the application for a conditional use. The ownership structure of the redevelopment proposal will result in the combination of all existing unit owners into one Gommon partnership at the time of (proposed) passage of the SDD. Therefore, Staff has requested that the applicant provide Staff with written approval, without condition, by the Partnership as a whole, instead of the individual unit owners, of the proposal to construct timeshare units upon the site. This will be a condition of approval to be fulfilled within thirty (30) days of the passage of the SDD. f. Each of the fractional fee club units shall be made available for short term rental in a managed program when not in use by the club members. The project shail include or be proximate to transportation, retail shops, eating and drinking establishments, and recreation facilities. The applicant has verified that each of the timeshare units shall be made available for short term rental when not in use by the club members. The location of the redevelopment site is proximate to transportation (parking structure and bus route along Meadow Drive), retail shops (the Village), eating and drinking establishments (the Village), and recreation facilities (Vail Mountain). • 9 IX. STAFF RECOMMENDATION • The Community Development Department recommends that the Planning and Environmentai Commission approves, with conditions, the applicant's request for a conditional use permit, pursuant to Chapter 12-16, Vail Town Code, to allow for the construction of timeshare units in conjunction with the redevelopment of The Willows Condominiums located at 74 Willow Road/Lot 8, Block 6, Vail Village 1 St Filing. Staff's 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 this conditional use permit request, the Department of Community Development recommends the Commission pass the following motion: ' "The Planning and Environmental Commission approves a conditional use permit, pursuant to Chapter 12-16, Vail Town Code, to allow for construction of timeshare units, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 9S" Filing, and setting forth details in regard thereto, subject to the following conditions: ~ 1. The approval of this conditional use permit shall be contingent upon passage of the !I associafed Special Development Disfrict request by the Vail Town Council. 2. The approval of this conditions use permit shall be contingent upon approval of the associated design review request by the Design Review Board. 3. Written approval by the future Willows Partnership, without condition, of ~Pfe proposal to construct nine (9) timeshare units upon the site shall be submitted to the Community Development Department within thirty (30) days of the passage of the SDD. " 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 ouflined in Section Vlll of this Sfaff inemorandum to the Planning and Environmental Commission dated November 13, 2006, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use, located at 74 Willow Road, is in accordance with the purposes of the Zoning Regulations and the proposed Special Development District No. 40. 2. The proposed conditional use, located at 74 Willow Road, and the conditions under which the timeshare units will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use, located af 74 Willow Road complies with each of the applicable provisions of Chapter 12-16, Condifional Use Permif, Vai! Town Cod* 10 • referenced by Section V of this Staff inemorandum to the Planning and Environmental Commission dated November 13, 2006. X. ATTACHMENTS A. Public Notice • ~ ~ ~ • I 11 , Attachment A . • THIS ITEM MAY AFFECT YOUR PROPERTY I~ TOWN 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 September 25, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council of a proposal to establish Special Development District No. 40, pursuant to Article 12-9(A), Special Development Districts, Vai! Town Code, to allow for the redevelopment of the Willows Condominiums, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1S` Filing, and setting forth details in regard thereto. (PEC06-0061) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed A request for final review of a conditional use permit pursuant to Section 12-61-1-3, Conditional Uses, allow for the construction of timeshare estate units, fractional fee units and timeshare license units, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1St Filing, and setting forth details in regard thereto. (PEC06-0062) Appficant: The Willows Condominium Association, Inc., represented by Triumph • Development, LLC Planner: Elisabeth Reed A request for a final review of an exemption plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, for a modification to a shared property boundary between Lots 3 and 4, Block 5, Bighorn Fifth Addition, located at 4916 and 4920 Juniper Lane, and setting forth details in regard thereto. (PEC06-0063) Applicant: Slick Asset Management Trust, represented by William and Sally Slick, Co- Trustees Planner: Matt Gennett 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, generaNy 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 • • 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. - Pubiished September 8, 2006, in the Vail Daily. • ~ • II . MEMORANDUM TO: Planning and Environmental Commission II FROM: Community Development Department DATE: November 13, 2006 SUBJECT: A request for final review of a Conditional Use Permit, pursuant to Section 12-6H- 3, Conditional Uses, Vail Town Code, to allow for a Type III Employee Housing Unit, located at 74 Willow Road/Lot 8, Block 6, Vail Village Filing 1, and setting forth details in regard thereto (PEC06-0076). ' Applicant: The Willows Condominium Association, represented by Triumph Development, LLC Planner: Elisabeth Reed 1. SUMMARY , The applicant, The Willows Condominium Association, represented by Triumph Development, LLC, is requesting a conditional use permit pursuant to Section 12-61-1-3, Conditional Uses, Vail Town Code, as a part of the proposed redevelopment of The ' Willows Condominiums, located at 74 Willow Road. If approved, the construction of the • Type lil Employee Housing Unit (EHU) would provide one new 670 square foot housing unit for one employee within the redeveloped 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 this request subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The provisions of Section 12-61-1-3, Vail Town Code, identify a Type III EHU as a conditional use within the High Density Multiple Family District. This request is being made in conjunction with the proposal for a new Special Development District (SDD #40) upon the property, the underlying zoning of which is High Density Multiple Family. The proposed EHU will be 670 square feet in size and will include one bedroom, kitchen/living room, bathroom, and closet at the southwest corner of the first floor of the redeveloped building. The EHU has been designed with its own entrance to the main hallway of the building. The applicant has provided 1.4 subsurface parking spaces for the EHU per the parking requirements for a dwelling unit, which are outlined in Section 12-10 of the Vail Town Code. The provisions of Section 12-16-6 and 12-16-7, Conditional Use Permit, Vail Town Code, determine the review criteria and procedure for a conditional use permit. Architectural plans detailing the floor plans of the proposed unit have been attached for reference (Attachment A). ~ 1 III. BACKGROUND ~ On September 25, 2006, the Planning and Environmental Commission reviewed the proposal for the establishment of a new Special Development District to facilitate the redevelopment of The Willows Condominiums. As a part of the SDD redevelopment request, the applicant is proposing that the primary benefit to the Town be to add to contribute to one of its greatest needs: employee housing. The applicant is proposing to provide one EHU on site, for which this conditional use permit is being requested, and to either buy down or utilize a pay-in-lieu program to provide an additional five employee beds elsewhere in the Town of Vail. In September and December of 1992, the Town Council passed Ordinances 9 and 27, Series of 1992, to create Chapter 13 (Employee Housing) which provides for the addition of Employee Housing Units (EHU's) as permitted or conditional uses within certain zone districts. In April of 2000, the Town Council passed Ordinance 6, Series of 2000, to repeal and reenact this chapter and provide additional incentives for the creation of employee housing in Vail. On November 1, 2006, the Design Review Board conceptually reviewed the design review application associated with the proposal for the redevelopment of the entire property. The Board expressed no concenr over the incorporation of an employee housing unit on the site as the exterior ramifications of such a request are negligible. 1V. ROLES OF REVIEWING BODIES Order of Review: Generally, applications will be reviewed first by the Planning and . Environmental Commission for acceptability of use and then by the Design Review Board for compliance of proposed buildings and site p{anning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial/approval with conditions of Conditional Use Permits. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of popufation, transportation facilities, utilities, schools, parks and recreation facilities, and other pubfic facilities and public facifities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, ~ maneuverability, and removal of snow from the streets and parking areas. I ~ 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. ~ 2 . • 5. Such other factors and criteria as the Commission deems applicable to the proposed use. ~ 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. Conformance with development standards of zone district, including; • Lot area • Setbacks • Building Height • Density • GRFA ~ • Site coverage ' • Landscape area • Parking and loading • Mitigation of development impacts Design Review Board: Action: The Design Review Board has does not have review authority on a Conditional Use Permit, but must review any accompanying Design Review Board application. 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. 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 Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: Chapter 12-2: Definitions 12-2-2: Definitions Employee Housing Unit (EHU): A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be rented only to tenants who are full-time employees of Eagle County. EHUs shall be allowed in • certain zone districts as set forth in this Title (Section 12-13). Development standards for EHUs shall be as provided in Chapter 13, "Employee Housing" of 3 this Title. For the purposes of fhis definifion, a"full-time" employee shall mean a • person who works a minimum of an average of thirty (30) hours per week. There shall be five (5) categories of EHUs: Type l, Type ll, Type lll, Type IV, and Type V. Provisions relating to each type of EHU are set forth in Chapter 13, "Employee Housing" of this Title. Chapter 12-6H: High Density Multiple-Family (HDMF) District 12-6H-1: Purpose The high-density multiple-family district is intended to provide dwelling site for multiple- family dweilings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public facilities and lodges, privafe recreation facilities and related visifor oriented uses as may appropriately be located in the same disfrict. The high density mulfiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate wifh high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the district by establishing appropriafe site development standards. Certain nonresidenfial uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district. 92-6H-3: Conditional Uses (in part) ~ The following conditional uses shall be permitted in the HDMF district, subject to issuance of a condifional use permit in accordance with the provisions of chapter 16 of this title: • Type lll employee housing units as provided in chapter 13 of this title. I Chapter 12-13: Employee Housing 12-13-1: Purpose ~ The Town's economy is largely tourist based and the health of this economy is premised on exemplary service for Vail's guests. Vail's ability to provide such service is dependent upon a strong, high quality and consistently available work force. To achieve such a work force, the community must work to provide quality living and working conditions. Availability and affordability of housing plays a criticai role in creating quality living and working conditions for the community's . work force. The Town recognizes a permanent, year-round population plays an important role in sustaining a healthy, viable community. Further, the Town recognizes its role in conjunction with the private sector in ensuring housing is available. The Town Council may pursue addifional incentives administratively to encourage the development of employee housing units. These incentives may include, but are not limited to, cash vouchers, fee waivers, tax abatement and in kind services to owners and creators of employee housing units. The Town of Vail or the Town's designee may maintain a registry and create lists of all deed restricted housing units created in the Town to assist employers and those seeking housing. Chapter 12-16: Conditional Use (in part) • 12-16-1: Purpose; Limitations: 4 . 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 II thaf 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 lisfed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that fhe location and operation of the conditional uses will be in accordance with fhe 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. VI. SITE ANALYSIS i Zoning: High Density Multiple Family (HDMF) Land Use Ptan Desi9nation: Villa5e Master Plan ' Current Land Use: Village Master Plan Address: 74 Willow Road/Lot 8, Block 6, Vail Village 1 St Filing Development Standard (Effected development standards are notated in bold font) ~ ('`This number already included in the 670 square feet proposed unit size) Allowed Existinq Proposed • Lot Area: 10,000 sq. ft.(min.) 0.4854 acres (21,144 sq. ft.) no change Setbacks: Front: 20 feet 8 feet 11' (above grd.) Side: 20 feet 4 feet 7.5' (above grd. ) Rear: 20 feet 5.5 feet 6.2' (above grd.) Bldg. Height: 45 ft. flat/mansard 48 feet 48 feet 48 ft. sloping Density: 12 dwelling units 28 dwelling units 9 Dwelling Units (+5 Lock offs) 9 Timeshare Units 1 Type III EHU GRFA: 16,069 sq. ft. 18,607 sq. ft. 32,240 sq. ft. (76% of site area) (115% of aiiowable GRFA) (200% of allowable GRFA) Site Cvge: 11,629 sq. ft. (55%) 12,638 sq. ft. (-60%) 14,110 sq. ft. (-67%) Land. Area: 6,343 sq. ft. (30%) 2,848 sq. ft. 13%) 8,540 sq. ft. (40%) Parking: FFU = 0.7 sp/unit 42 spaces 29 spaces DU = 1.4 sp/unit • EHU = 1.4 sp/unit 20.3 total spaces req'd 5 EHU Storage Area: not stated - 9 sq. ft* • VII. SURROUNDING LAND USES AND ZONING Land Use Zonin North: Residential High Density Multiple Family South: Residential Two-Family Primary/Secondary East: Residential High Density Multiple Family West: Residential Two-Family Primary/Secondary VIII. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by the Town Code. The proposed Type III EHU is located within the High Density Multiple Family District. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12-16, Vail Town Code. A. Consideration of Factors Reqardinq Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the Tow n. When the Town Council adopted the Town of Vail Affordable Housing Study on November 20, 1990, it recognized a need to increase the supply of locals/employee housing units. As recently as October 10, 2006, the Council discussed in length possible options for solving the affordable housing shortage. The Town encourages EHUs, particularly within the Village areas, when possible, as a means of providing quality living conditions and expanding the supply of employee housing for both year-round and seasonal ' local residents. Staff believes that the incorporation of the proposed unit into The Willows redevelopment project will have a positive impact on the Town's rental housing needs. 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 there will be an insignificant impact from the proposed Type III EHU on light, air, population, transportation, utilities, schools or parks, and other public facilities needs. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Two additional vehicles (1.4 spaces rounded up) are anticipated in association with this EHU. The applicant is proposing to accommodate this anticipated • parking demand within the below-grade structure. Additionally, because the EHU will be located within the Village area and will be pedestrian friendly for 6 . • its user, Staff believes that this proposal will have an insignificant impact on the remainder of the referenced criteria. 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 does not feel that the proposed EHU will significantly impact the scale and bulk of this project in relation to surrounding uses. The proposed EHU will be consistenf with the development standards applicable to this property. 5. The proposed EHU meets the Town's requirements for zoning, ownershi P/transference, GRFA, 9ara9e credit/stora9e, and densitY. a. Zoninq districts permitted bv riqht or bv conditional use A Type III EHU is a conditional use in the Residential Cfuster, Low Density ~ Multiple Family, Medium Density Multiple Family, High Density Multiple ~ Family, Public Accommodation, Commercial Core 1, 2, and 3 districts, Commercial Service Center, Arterial Business District, Parking District, , General Use District, and the Ski Base/Recreation District. The subject ProPertY is zoned Hi9h DensitY Multiple FamilY. i b. Ownership/Transference A Type III EHU may be sold or transferred separately from the units with which ' • it is associated. The applicant is proposing to sell or transfer the EHU separately from the proposed dwelling units and fractional fee units to be constructed upon the property. c. Additional GRFA Not applicable for a Type III EHU. d. Garape Credit/Storaae Requirement Not applicable for a Type III EHU. e. Parkinq Per Chapter 12-10, Vail Town Code, which regulates the parking requirements for dwelling units (including EHUs) within the Commercial Areas, 1.4 parking spaces are required for this unit. The applicant is currently proposing to provide eight spaces more than the Chapter 12-10 requirement for the various proposed uses (including the proposed EHU) upon The Willows redevelopment site. f. Minimum/Maximum GRFA of an EHU Type III EHUs are allowed with a Gross Residential Floor Area (GRFA) range of 300 - 1,200 sq.ft. The proposed EHU will be 670 sq. ft. in size. g. Density A Type III EHU will not count as density in this instance. • B. The Planninq and Environmental Commission shall make the followinq findinqs before aranting a conditional use permit: 7 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 High Density Multi-Family (HDMF) 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, or welfare 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 regulations. lX. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions of a Conditional Use Permit, pursuant to Section 12-61-1-3, Conditional Uses, Vail Town Code, to allow for a Type III Employee Housing Unit, located at 74 Willow Road/Lot 8, Block 6, Vail Village 1 St Filing. Staff's recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: 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 • High Density Multiple Family District. 2. That the proposed location of the use and the condifions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicab/e provisions of the conditional use permit section of the zoning regulations. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the following conditions: 9. This conditional use permit approval shall be contingent upon Town Council approval of the requesf for the formation of Special Development District #40. 2. This conditional use permit approval shall be contingent upon fhe applicant receiving Town of Vail approval of the related design review application. 3. Prior to the issuance of a building permit, the applicant shall execute a Type lll EHU deed restriction with the Town of Vail Department of Community Development to permanently restrict the use of the EHU for employee housing. . 8 • X. ATTACHMENTS A. Architectural Plans/Floor Plans B. Public Notice • I . 9 ~ e opeiop~ r ~r z e- : ~ SIMO0'1 Attachment A ~ 1~3U C13SH ad LL _~a 1 JIiul v Q $ ~ ~ ~ oW - Y _j J F ~ Q Q- 9 Q~ I ~ LL .v io. ~ N o i ~ . iL P A;- i /i ` - a , 11 ~3 t i ~ ~ W I~======~1 0 ~ ` ~ l 1 . ~l i, l I I OLJD , e ~ U~~ I 0<>~ F e ~ , oull ~:.i~ • ~ ~,~J k-` 9 t I I I ~ , a ~ 1 J I K 1 ~q , ? - ~ o ~ ~ ~ _ > r': - . . ~ I ~ . / E- u . ~ - i" . ~ , . _ ~ ~Tl ~ / i ` ~ l { _ r,] ~ 1 r~" - ~a pY~ • ~ % ~ \ w 0000 ~Q a~0 a A „ „ n u IIA 6fil . ~ni LL 1 ~I ~ tf1' tr~l d~ ~ IV 11 1{ U ~ 11 _ ~ fl il ~ ' ~ IV a u „ u n q lu I 1~ p ~ ' ` Il U ~ ' i; \ ~ +11 I ==-~j 1 ll _ tl ! N ( -'L - ~ ~ ~ i i ~ 1 ~ - . i I --~°Pejol°J IIeA a-a-mmrL ~ ~ , i ~~r~ I ! - - - aasodoad lw I Q 3 § yo ~o yo ~9 I l I ~ ' ! I I 1 I ~ fl II h - f'- ' - i F Q - - ~ i > ~ w p p J ~ e W , i - ~ W i ~ F- h b s ~ e ~ ~ Q R N. i ~ - - ~ , ~ - J h I ~ - ~ ON o r ~ - _ _ - I - " i . , , 0 - r a~ I - II p II ~ _ ' ' II f1 I tl I 11 - 1. I I ' ~ II - f ~ ~ - . i i ~ Attachment B • *V& ,~~THIS ITEM MA UBL C NOTIOER PROPERTY NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a pubiic hearing in accordance with section 12-3-6, Vail Town Code, on November 13, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a worksession to discuss a conditional use permit, pursuant to Section 12- 7A-3, Conditional Uses, Vail Town Code, to allow for a business office (real estate), located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PEC06-0066) Applicant: Vail Dover Associates, LLC, represented by Mauriello Planning Group Planner: Warren Campbell A request foe a final review of a conditional use permit, pursuant to section 12-76-5, Permitted and Conditional Uses, Above Second Floor, Vail Town Code, to allow for the , operation of a"quasi-public" club, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0067) Applicant: Remonov & Company, Inc. Planner: Warren Campbell • A request for a worksession to discuss a conditional use permit, pursuant to Section 12- 9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC06-0068) Applicant: Town of Vail, on behalf of All Mountain Sports, LLC Planner: Bill Gibson A request for a final review of a variance, from Section 12-6D-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-7, Variances, Vail Town Code, to allow for a residential addition located at 2339 Chamonix Lane/Lot 11, Block A, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC06-0069) ~ Applicant: Robert Stephanoff, represented by Jack Snow, RKD Architects I Planner: Bill Gibson A request for a final review of a variance, from Section 12-61-1-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, I located at 400 East Meadow Drive, Unit 3/Block 5, Vail Village Filing 1, and setting and settin forth details in re ard thereto. PEC06-0070 9 9 ~ ) Applicant: Lewis and Patricia Lewis, represented by Michael Suman Architect Planner: Elisabeth Reed A request for final review of variances from Section 12-6H-6, Setbacks, and Section 12- 6H-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow ~ for the enclosure of a deck, located at 400 East Meadow Drive, Unit 5,/Block 5, Vail ~ • Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0071) Applicant: Elliot and Margie Davidoff, represented by Michael Suman Architect Planner: Elisabeth Reed i Page 1 • A request for a final review of a variance, from Section 12-61-1-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 8/131ock 5, Vail Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0072) Applicant: Sue Thurow, represented by Michael Suman Architect Planner: Elisabeth Reed A request for a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Landmark Condominiums; and a request for a final review of variances from Sections 12-7H-10, Setbacks, 12-7H-14, Site Coverage, and 12-7H-15, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, to al{ow for an underground parking structure and a staircase within the setbacks and deviations from the maximum site coverage and minimum landscape area requirements, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0074) Applicant: Landmark condominium Association, Inc., represented by Geoff Wright 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 Chapter 7, Development Standards, Lionshead Redevelopment Master Plan, does not supersede the setback requirements prescribed by Section 12-71-1-14, Setbacks, Vail Town Code, • located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. Applicant: Landmark condominium Association, Inc., represented by Geoff Wright Pfanner: Bill Gibson I RePort to the Plannin9 and Environmental Commission of an administrative action approving a request for a minor amendment to SDD No. 4, Cascade Village, pursuant to ' Section 12-9A-10, Amendment Procedures, Vail Town Code, to aHow for modifications to the approved building Plans for the Vail Cascade Residences (Cascade movie theaters and Colorado Mountain College), located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. (PEC06-0075) Applicant: Vail Cascade Residences, LLC, represented by Mauriello Planning Group Planner: Warren Campbell ~ A request for a final review of a conditional use permit, pursuant to Section 12-61-1-3, Conditional Uses, Vail Town Code, to allow for the construction of a Type IIl Employee ~ Housing Unit, in association with The Willows redevelopment, located at 74 Willow lm 16V , Road/Lot 8, BIock 6, Vail Village Filing 1, and setting forth details in re9ard thereto. tD ~ ~ ' (PEC06-0076) V Applicant: The Willows Condominium Association, represented by Triumph Development, LLC Planner: Elisabeth Reed • . Page 2 ~ • : i • The applications and information about the proposals are available for pubiic 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 October 27, 2006, in the Vail Daily. • II ~ • Page 3 ~ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 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 Chapter 7, Development Standards, Lionshead Redevelopment Master Plan, does not supersede the site coverage requirements prescribed by Section 12- 71-1-14, Site Coverage, Vail Town Code, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. Appellant: Landmark Condominium Association, Inc., represented by Geoff Wright and Fritzlen Pierce Architects Planner: Bill Gibson 1. SUBJECT PROPERTY The subject property is 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing ~ 3. II. BACKGROUND The Town of Vail adopted the Lionshead Redevelopment Master Plan (LRMP) in December of 1998 to create a framework for redevelopment of the Lionshead area. This master plan included an assessment of existing conditions, overall redevelopment I recommendations, site specific redevelopment recommendations, site design guidelines, design standard recommendations, architectural design guidelines, and plan implementation recommendations. While this newly adopted master plan created a "guiding document" for the redevelopment in Lionshead, it did not create "fegislation" to ~ regulate the redevelopment of Lionshead. Therefore, in April of 1999 the Town of Vail adopted two new zone districts for Lionshead (i.e. Lionshead Mixed Use 1 and Lionshead Mixed Use 2). The Lionshead Mixed Use 1 and 2 Districts were adopted to implement the goals of the Lionshead ' Redevelopment Master Plan through zoning legislation. ~ III. PLANNING AND ENVIRONMENTAL COMMISSION JURISDICTION ~ Pursuant to Sub-section 12-3-36-1, 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. . ~ I 1 i IV. PROCEDURAL CRITERIA FOR APPEALS ~ Pursuant to Sub-sections 12-3-313-2 and 12-3-313-3, 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) Standinq of the Appellant The property owners, Landmark condominium Association, Inc., has standing to appeal the administrative decision that below grade bui{ding structure is calculated as site coverage at 610 West Lionshead Circle. B) Adequacv of the Notice of the Appeal The application for this appeal was filed by the property owners Landmark Condominium Association, Inc.. The Appeals Form and the materials required I~ for its submission have been determined to be complete by the Community 'I Development Department. 'i C) Timeliness of the Notice of Appeal Sub-section 12-3-313-3, Procedures, Vail Town Code, states the following: "Procedures: A written notice of appeal must be filed with the administrator or with the department rendering the decision, determination or interpretation within twenfy (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 projecf shall be satisfied by listing the addresses for the managing agent or fhe board of direcfors of fhe 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 condomrnium 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 K7`'ithin thirty (30) calendar days of the , appeal being filed. The planning and environmental commission (or the . 2 • design review board in the case of design guidelines) may grant a contrnuance 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." The applicant submitted a complete appeal application within the twenty (20) day requirement. V. NATURE OF THE APPEAL On March 6, 2006, Landmark Condominium Association, Inc., filed an official appeals form to the Town of Vail CommunitY DeveloPment Department. The aPpellant is I appealing the administrative determination that Chapter 7, Development Standards, Lionshead RedeveloPment Master Plan, does not supersede the site coverage requirements prescribed by Section 12-7H-14, Setbacks, Vail Town Code, and therefore below grade building structures are calculated as site coverage. The Lionshead Redevelopment Master Plan was originally adopted in December of 1998 as a quide for redevelopment in Lionshead. Chapter 7, Development Standards, of the i Lionshead Redevelopment Master Plan was originally drafted to provide specific , recommendations for future zoning code amendments for implementing the goals of the master plan. ~ • Using the master plan as a guide, the Town of Vail adopted the Lionshead Mixed Use 1 and 2 Zone Districts in April of 1999 to requlate redevelopment in Lionshead. The development standards for setbacks, site coverage, and landscaping in these two zone ' districts include a prescriptive limit followed by the phrase "unless otherwise specified by the Lronshead Redevelopment Master Plan." Staff believes this phrase was intentionally added to these prescriptive development standards to facilitate the expansion of buildings to their "build-to-lines" adjacent to the "Lionshead Pedestrian/Retail Core" as discussed in Chapter 5, Detailed Plan Recommendations, of the Lionshead Redevelopment Master Plan and as defined by Map S in the Lionshead Redevelopment Master Plan Appendix. For many properties, expanding to the "build-to-lines" would cause the structure to exceed the prescriptive setback, site coverage, and landscaping requirements of the Lionshead Mixed Use 1 and 2 Zone Districts. Staff does not believe the phrase "unless otherwise specified by the Lionshead Redevelopment Master Plan."in the zoning regulations was intended to refer to Chapter 7, Development Standards, of the Lionshead Redevelopment Master Plan. Chapter 7 was originally drafted as a recommendation for future amendments to the Town's zoning regulations (i.e. the Lionshead Mixed Use 1 and 2 Districts). As a recommendation, Staff does not believe Chapter 7 of the Lionshead Redevelopment Master Plan supersedes the requirements of the Town's zoning regulations. How does this apply to the proposed redevelopment of the Landmark? Chapter 7 of the Lionshead Redevelopment Master Plan recommends that "below-grade • development is not counted as site coverage." However, the Town's zonings regulations define site coverage as portions of a building "af, below, or above grade" in Section 12- 2-2, Definitions, Vail Town Code. 3 The Landmark's proposed redevelopment includes the construction of a below-grade • parking structure. If below-grade structures are defined as site coverage pursuant to Section 12-2-2, Vail Town Code, the proposed Landmark redevelopment does not comply with the 70% site coverage limit prescribed by the Town's zoning regulations. However, if below-grade structures were to be excluded from site coverage calculations, as recommended by Chapter 7 of the Lionshead Redevelopment Master Plan, then the proposed Landmark redevefopment would comply with the 70% site coverage limit. As stated above, Staff believes Chapter 7 of the Lionshead Redevelopment Master Plan , was originally drafted as a guide for the future amendments to the Town's zoning regulations. Since the Lionshead Mixed Use 1 and 2 were adopted by the Town Council , to impfement the goals of Chapter 7 of the master plan, Staff does not believe Chapter 7 of the master plan is relevant to the site coverage limits applied to the redevelopment of the Landmark. Staff believes the Landmark's proposed deviation from the prescribed site coverage limits should be reviewed by the Planning and Environmental Commission as a variance application, rather than as an appeal of the interpretation of the zoning regulations or the Lionshead Redevelopment Master Plan. The appellant's statement (Attachment A) and a copy of Chapter 7, Development Standards, Lionhead Redevelopment Master Plan have been attached for reference (Attachment B). VI. APPLICABLE REGULATIONS OF THE TOWN CODE I CHAPTER 12-3, ADMINISTRATION AND ENFORCEMENT (IN PART) • ~ Section 12-3-3: Appeals B. Appeal of Administrative Acfion 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 fhis 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. The administrator shall determine the standing of an appellant. lf the appellant objects to the administrator's determinatron of standing, the • ~ planning and environmental commission (or the design review board in 4 . • the case of design guidelines) shall, at a meeting prior to hearing evidence on the appeal, make a determination as fo 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 fhe 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 meetrng (or in the case of design related decision, the next I 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 leasf 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 pa?ties 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. Effecf 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) and the appellant that a stay poses an imminent peril fo life or property, in • which case the appeal sha!l not stay further permit activity and any proceedrngs. The commission (or board) shall review such certificatron 5 - and granf or deny a stay of the proceedings. Such determination shall be I~ made at the next regularly scheduled meeting of the plannin9 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 I~ 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. ~ VI1. REQUIRED ACTION The Planning and Environmental Commission shall uphold, overturn, or modify the administrative determination that Chapter 7, Development Standards, Lionshead I~ Redevelopment Master Plan, does not supersede the setback requirements prescribed by Section 12-71-1-14, Setbacks, Vail Town Code, {ocated at 610 West Lionshead II Circle/Lot 1, Block 1, Vail Lionshead Filing 3, 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. " VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission upholds the administrative determination that Chapter 7, Development Standards, Lionshead Redevelopment Master Plan, does not supersede the site coverage requirements prescribed by Section 12-71-1-14, Site Coverage, Vail Town Code. Pursuant to Sub-section 12-3-3-135, 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 'I hearing, the Community Development Department recommends the Planning and Environmental Commission make the following findings of fact: • The subject- property is located within the Lionshead Mixed Use 1 Zone Districf and is located within the study area of the Lionshead Redevelopment Master Plan. • 6 • • The Lionshead Redevelopment Master Plan is a guiding document that was adopted by the Town of Vail in December of 1998, prior to the April 1999 adoption of the Lionshead Mixed Use 1 and 2 Zone Districts. • Chapter 7, Development Standards, of the Lionshead Redevelopment Master Plan "outlines recommended development standards for private property in the Lionshead study area." Chapter 7 also states that "implementation of these standards will require revisions fo applicable provision of the Town of Vail zoning regulations" and that ""When one standard is more restrictive than another, that is the standard that shall be the limiting factor. These standards do not represent entitlements in any way." • Chapter 7, Development Standards, of the Lionshead Redevelopment Master Plan was used as a guide for establishing the prescriptive development standards of the Lionshead Mixed Use 1 and 2 Zone Districts. • The site coverage development standard recommended by Chapter 7 of the Lionshead Redevelopment Master Plan are as follows: "The master plan does not recommend changing this standard. The Town's current standard, which applies to the majority of sites in Lionshead, prohibits site coverage by structures in excess of 70% the area of a site. This standard should be flexible for properties along build- to lines and in the pedestrian retail core area so they may be ab/e to • increase site coverage as required to create the functional pedesfrian corridors and spaces outlined in the master plan. This potential increase in site coverage is not a righf and should require the approval of the Planning and Environmental Commission. Below grade development is not counted as site coverage. " • The Town of Varl's zoning regulations define "site coverage" in Section 12-2- 2, Vail Town Code, as follows: "SITE COVERAGE: The ratio of the total building area of a site to the total II area of a site, expressed as a percentage. For the purposes of calculating I srte coverage, "building area of a site" shall mean that portion of a site occupied by any building, carport, porte cochere, arcade, and covered or roofed walkway constructed at, below, or above qrade as measured from II the exterior face of the sheathing of the perimeter walls or supporting columns. For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or waikway, and in such case the higher balcony or deck shall not be deemed a roof or coverrng for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eaves, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4) from the exterior face of the • perimeter building walls or supporting columns." 7 I • The Town of Vail's zoning regulations prescribe the site coverage . development standards of fhe Lionshead Mixed Use 1 Zone Districf in Section 12-7H-14 , Vail Town Code, as follows: "Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead Redevelopment Master Plan. " Pursuant to Sub-section 12-3-3-B5, Vail Town Code, should the Pianning and Environmental Commission choose to uphold the administrative determination that Chapter 7, Development Standards, Lionshead Redevelopment Master P1an, does not supersede the setback requirements prescribed by Section 12-71-1-14, Setbacks, Vail Town Code, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, the Commission must determine that the findings of fact support the following finding: 1. The Community Development Department Administrator's determination that Chapter 7, Development Standards, Lionshead Redevelopment Master Plan, does not supersede the site coverage requirements prescribed by Section 12-7H-94, Setbacks, Vail Town Code, located at 610 West Lionshead Circle/Lof 1, Block 1, Vail Lionshead Filing 3, and therefore below grade structures are calculated as site coverage, has met the standards and conditions imposed by the requirements of Title 12, Zoning Regulations, and Title 14, Development Standards Handbook, Vail Town Code. IX. ATTACHMENTS A. AppellanYs Statement • B. Chapter 7, Development Standards, Lionshead Redevelopment Master Plan I i • 8 . , Lynn Fritzlen, AIA, ArchiLecY Attachment: A William F. Pierce, Architect FRlTZLEN PIERCE ARCHITECTS Kathy lieslinga, Business Manay VAIL, COLORADO • e.r October 13, 2006 ' APPEAL OF STAFF DECISION INCLUSION OF "BELOW GRADE DEVELOPMENT" IN SITE COVERAGE CALCULATION i The AppeIlant, WilIiam Pierce, is an agent of the Landmark Condominium Association , and decision being appealed has a negative effect on the Landmark Condominium. On October 13, 2006, Bill Gibson determined that "below grade development" will be included in the calculation of Site Coverage. Although the Definition Section of the Zoning Ordinance, Section 12-2-2, adopted March, 2005, would include below grade space in Site Coverage, Section 12-71-1-14 (LHMU 1), dated February 2004, states ~ "coverage 5ha(I not exceed seventy percent unless otherwise specified in the Lionshead redevelopment master plan." Section 7.2 of the Lionshead Master Plan (Updated January 20, 2006) states: "Below grade development i5 not counted as site coverage." The Appellant believes the statement in the Master Plan supersedes other dissertations on the subject of Site Coverage in that it is specific and is included in the most recent document t5hat references this subject. • . . ~ i ' ~ ~ . . TZLEN ~RIE R C E 1650 E-.st `Jail Valley Drive, Fallridc~e C- 1, Vall, CUIDrEtdU 81 657 P: 970.476.6342 F' 970.47E.4901 E. infnC(;3vaila.rcnitects.co;n wwnw.vai I a rch i tects. corrt i CHAPTER 7 DEVELOPMENT STANDARDS ' CHAPTER 7 ~ Development Standards This section outlines recommended development standards for private property in the Lionshead study area. In some cases, implementation of these standards will require revision of applicable provisions in the Town of Vail zoning regulations. Adoption of special provisions for redevelopment of properties that already violate existing development standards should also be considered. It is critical to note that all of the following recommended standards apply equally as future projects are reviewed for compliance. When one standard is more restrictive than another, that is the standard that shall be the limiting factor. These standards do not represent entitlements in any way. For example, if the GRFA ratio of a project cannot be met after the building height, setback, and other architectural guideline standards have been applied, then that project is not entitled to the maximum allowable GRFA. In this case, the quantitative and qualitative standards of the architectural design guidelines would take precedence over the potential GRFA allocation. 7.1 Landscape Area The master plan does not recommend modification of this standard for Lionshead. The Town's current standard, which applies to the majority of sites in Lionshead, requires that at least 20% of a parcel be landscaped. This standard should be flexible for properties • along build-to lines and in the pedestrian retail core area so they may be able to decrease planted area and increase hardscape in order to create the functional pedestrian corridors and spaces outlined in the master plan. This potential reduction of landscape area is not a right and should require the approval of the Planning and Environmental Commission. 7.2 Site Caverage The master plan does not recommend changing this standard. The Town's current standard, which applies to the majority of sites in Lionshead, prohibits site coverage by structures in excess of 70% the area of a site. This standard should be flexible for properties along build-to lines and in the pedestrian retail core area so they may be able to increase site coverage as required to create the functional pedestrian corridors and spaces outlined in the master plan. This potential increase in site coverage is not a right and should require the approval of the Planning and Environmental Commission. Below grade development is not counted as site coverage. 7.3 Setbacks The master plan does not recommend changing this standard. The current setback requirement on the majority of sites in Lionshead is 10 feet from the property line on all sides. This requirement shall be waived in areas with designated build-to lines, and leeway should be considered in areas of significant hardship that otherwise meet the intent of the master plan and do not negatively impact adjacent properties. • LIONSHEAD REDEVELOPMENT MASTER PLAN PAGE 7-1 Attachment: B ' CHAPTER 7 DEVELOPMENT STANDARDS ~ 7.4 Gross Residential Floor Area (GRFA) • An important component of the Lionshead Master Plan process was the analysis of GRFA's I effectiveness as a tool for insuring the quality of architecture and the built environment within Lionshead. In short, the masterplan team found that GRFA was not effective as a primary means of providing for architectural quality. Based on this finding it is the conclusion of the master plan team that GRFA should not be the primary means of regulating building size. To accomplish this, one of two options must be pursued. First, GRFA could be eliminated. Secondly, the GRFA ratio could be increased so that it functions as a safery valve to insure that buildings do not exceed the maximum residential floorplate area that would otherwise be allowed according to the criteria of the architectural design guidelines. If this second course of action is pursued, the following recommendations are made: a. The ratio of Gross Residential Floor Area (GRFA) to lot area should be increased on all properties within Lionshead, excluding the residential properties south of Gore Creek, so that the site and architectural design guidelines, not GRFA, are the primary building size and mass constraint. b. The method of calculating GRFA should be greatly simplified and changed to include common space so that basic floor plate area calculations will suffice. 7.5 Density (Dwelling Units Per Acre): ~ The allowable density of development in the study area should be increased to provide ample ~ incentive and create the financial mechanism for redevelopment of properties. Additional consideration must be given to existing properties that currently exceed the density limitations. • A model developed during the master planning process showed that an increase of at least 33% over existing zoning or existing dwelling units on a given site would be needed to make redevelopment an attractive option. In order to encourage the development of live beds or warm beds in Lionshead, the master plan recommends that accommodation units, hotel rooms and fractional ownership units not be counted in the calculation of density. Further, because it is a community goal to increase the number ofpermanent residents in Lionshead, employee housing units that are deed restricted for local employees should not count toward density. I~ 7.6 New Unit Definition The master plan recommends that the zoning regulations be modified to include "lodge unit" as an additional definition of a residential unit. This product is defined as a small condominium dwelling unit with limited kitchen and floor area. (The floor area usually averages less than 650 sq. ft.) Units of this small size are most likely to be in short-term rental pools, with occupancy rates similar to those for hotel rooms. Because an increase in the short-term bed base in Lionshead is a key obj ective, the planning team recommends that lodge units count as one- quarter of a normal dwelling unit (i.e. 4lodge units count as one dwelling unit). Further, it recommends that units of this size in existing properties be treated as lodge units for the purpose of calculating density. 7.7 Buiiding Height ~ This standard is addressed in the Architectural Design Guidelines (see chapter 8). PAGE 7-2 LIONSHEAD REDEVELOPMENT MASTER PLAN ? MEMORANDUM ~ TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2006 SUBJECT: A request for a work session to discuss a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Landmark Condominiums; and a request for a final review of variances ' from Sections 12-7H-10, Setbacks, 12-7H-14, Site Coverage, and 12-7H- 15, Landscaping and Site Development, Vail Town Code, pursuant to ' Chapter 12-17, Variances, to allow for an underground parking structure and a staircase within the setbacks, and deviations from the maximum site coverage and minimum landscape area requirements, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0074) Applicant: Landmark Condominium Association, Inc., represented by I~ Geoff Wright and Fritzlen Pierce Architects Planner: Bill Gibson • 1. SUMMARY The purpose of today's work session with the Planning and Environmental Commission is to allow the applicant an opportunity to present the Commission with an introduction to the major exterior alteration application for the proposed Landmark renovation. While the scope and design of this proposal are continuing to evolve and the applicant has not yet finalized their proposal, the desired outcomes of this hearing are as follows: • For the Commission to understand how the proposed renovation to the Landmark is regulated by the Lionshead Redevelopment Master Plan; and • For the Commission to understand how the proposed renovation to the Landmark is regulated by the Lionshead Mixed Use 1 District; and • For the Commission to understand the general elements of the applicanYs renovation proposal. • For the Commission to provide the applicant with initial feedback on the proposed variance request, bulk, mass, height, setbacks, architectural style, parking and circulation, compatibility with the neighborhood, off-set of development impacts, etc. 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 Planning and Environmental Commission will be asked to provide initial feedback to the applicant regarding the proposal. Staff and the applicant request 1 s that the Planning and Environmental Commission table this application for • further review at the Commission's November 27, 2006 public hearing. II. DESCRIPTtON OF THE REQUEST The Landmark building is located at 610 West Lionshead Circle. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). It is located within the Lionshead Redevelopment Master Plan area and within the Lionshead Mixed Use 1 Zone District. The purpose of this work session is to provide the Planning and Environmental Commission with information from the Town's regulatory documents addressing how the proposed ' Landmark renovation will be reviewed. Please refer to Section V of this memorandum. Additionally, excerpts from Chapter 5, Detailed Plan Recommendations, of the Lionshead Redevelopment Master Plan have been attached for reference (Attachment B). This work session will also provide the applicant an opportunity to introduce the Landmark renovation proposal to the Commission and for the Commission to provide initial feedback to the applicant. The applicant's variance request (Attachment C), preliminary zoning analysis (Attachment D), preliminary architectural renderings (Attachment E), and preliminary architectural plans (Attachment F) have been attached for reference. The scope and design of this proposal is continuing to evolve and the applicant has not yet finalized their proposal. However, at this time the applicant is ~ requesting a work session to discuss a Major Exterior Alteration application and several variance applications (i.e. setbacks, landscaping, and site coverage) to allow for the construction of 13 new dwelling units, a new on-site employee housing unit, a new underground parking structure, a new loading/delivery bay, a I new entry/lobby addition, a new fitness facility, a previously approved new elevator tower, elimination of the existing alley adjacent to Concert Hal1 Plaza, a significant re-face of the existing residential portions of the building, and a potential re-face and expansion of the existing commercial spaces adjacent to the Lionshead Mall. ~ The existing Landmark is deficient in landscape area and the proposed ~ loading/delivery bay will further reduce the amount of net landscaping on the site. ; Therefore, at this time the applicant is requesting a landscape area variance. The applicant is exploring design alternatives to address this issue without the need for a variance. The applicant is proposing to construct an egress stair tower at the northwest corner of the existing townhome units which encroaches more than the four feet allowed by the Town Code into the ten foot setback area. The applicant is exploring design alternatives to address this issue without the need for a variance. The applicant is proposing to construct a new below-grade parking structure to the south of the existing structure (i.e. below the existing alley between Landmark and Concert Hall Plaza). The applicant is currently proposing to ~ extend this new parking structure to the south property line, and therefore is requesting a setback variance. Additionally, Chapter 12-2-2, Definitions, Vail 2 • Town Code, defines below-grade structures as site coverage. While the proposed above-grade improvements comply with the Town Code's site coverage requirements, the addition of the below-grade structure exceeds the site coverage limits. Therefore, the applicant is appealing a Staff determination that the Lionshead Redevelopment Master Plan does not exempt below-grade structures from the site coverage calculations and has submitted a site coverage variance request. III. BACKGROUND The Landmark site was annexed into the Town of Vail in August of 1969. According to Eagle County records, the existing Landmark was originally constructed in 1973. The property was originally zoned Commercial Core 2 District and was rezoned to Lionshead Mixed Use 1 District in 1999. At its February 14, '2005 public hearing, the Planning and Environmental Commission approved a major exterior alteration application to allow for the construction of the proposed elevator tower located between the two existing building elements of the Landmark. The applicant has incorporated that same elevator tower design into this more comprehensive redevelopment proposal. , IV. APPLICABLE PLANNING DOCUMENTS The following checklist was created to provide a means of evaluating the Lion • Square Lodge North proposal for compliance with the Lionshead Redevelopment Master Plan. The checklist is intended for the Planning and Environmental ' Commission to use in conjunction with their copies of the Lionshead Redevelopment Master Plan to locate relevant portions of the Master Plan which pertain to this proposal. i Lionshead Redevelopment Master Plan ~ Chapter 2: Introduction , ? 2.1 Purpose of the Master Plan ? 2.2 Definition of a Master Plan , ? 2.3 Policy Objectives Chapter 4: Master Plan Recommendations - Overall study Area ' 0 4.1 Underlying Physical Framework of Lionshead ' ? 4.3 Connections to the Natural Environment ? 4.6 Vehicular and Pedestrian Circulation ~ ? 4.7 Loading and Delivery ? 4.8 Parking 0 4.9 Housing ~ ? 4.10 Gateway, Landmarks, and Portals , 0 4.11 Public Art Chapter 5: Detailed Plan Recommendations • ? 5.10 Montaneros, Concert Hall Plaza, Lanmark Tower and Townhomes 3 . Chapter 6: Site Design Guidelines • ? 6.1 Primary Pedestrian Mall ? 6.2 Secondary Pedestrian Mall ? 6.3 Primary Pedestrian Walk ? 6.4 Secondary Pedestrian Walk ? 6.5 Vehicular Pedestrian Retail Street ? 6.6 Pedestrian Patli ? 6.9 Compliance with the Town of Vail Streetscape Master Plan Chapter 8: Architectural Design Guidelines ? 8.1 Vision Statement ? 8.2 Organization, Purpose and Scope ? 8.3 New and Existing Structures ? 8.4 Design Guidelines Zonina Reaulations Lionshead Mixed Use -1 Zone District 12-7H-1: PURPQSE: The Lionshead Mixed Use-1 zone district is intended fo provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, fime shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified deve%pment. Lionshead Mixed Use 1 zone • ~ 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 Redevelopmeni Master Plan. i This Zone District was specifically devefoped fo provide incentives for properties to redevelop. The ultimate goal of these incentives is to creafe an economically vibranf 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 fhe 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. With any development/redevelopment proposal taking ' advantage of the incenfives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12-7H-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. 4 • B. Permitted Uses: The fo!lowing 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. Recreation facilities. Retail establishments. Skier tickefing, ski school, skier services, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsectron, in accordance with the provisions of Section 12-3-4 of thrs Trtle. C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 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 unrts, and employee housing units (Type lll (EHU) as provided in Chapter 13 of this Title). Radio, TV stores, and repair shops. Theaters. ~ Additional uses determined to be similar fo conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. i , 12-7H-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 that is located at grade or street level along a pedestrianway. B. 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. 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. 5 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, fracfional fee clubs, lodge dwelling units, and employee housing units (Type lll (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. 12-7H-4: PERM/TTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted 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 lll (EHU) as provided in Chapter 13 of this Tit/e). 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 permitted on second floors and I higher above grade, subject to the issuance of a'conditional use permit in accordance with the provisions of Chapter 16 of fhis Tifle: Banks and financial institutions. ~ Conference facilities and meeting rooms. , Eating and drinking establishments. Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Radio, TV stores, and repair shops. Recreation facilities. Retail establishments. Skier tickefing, ski school, skier services, and daycare. Theaters. Time-share units and fractional fee clubs. Additional uses determined to be similar fo conditional uses • described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. 6 • 12-7H-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. Coin-operated laundries. Commercial storage. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utilify and public service uses. Ski liffs and tows. Television stations. 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. 12-7H-6: ACCESSORY USES: • The following accessory uses shall be permitted in the Lionshead Mixed Use 1 zone district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12 of this Title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. ~ Minor arcade. Offices, lobbies, laundry, and other facilifies customarily incidental j and accessory to hotels, lodges, and multiple-family uses. Outdoor dining areas operated in conjunction with permitted eating and drinking establishments. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residentral or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection 8 of fhis section shall be reviewed by the design review board in accordance with chapter 11 of this title. 1. Submittal Items Required: The submittal items required for a project that is not • a major exterior alteration sha/l be provided in accordance with sectiorr 12-11-4 of this title. 7 B. Major Exterior Alteration: The construction of a new building or the • alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare 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 adminisfrator) shall be reviewed by the planning and ~ environmental commission as a major exterior alterafion in accordance with this ~ chapter and section 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 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. 1. Submittai Items Required, Major Exterior Alteration: The following submittal ifems are required: a. Application: An application shall be made by the owner of the buiiding or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildrngs shall be authorized by the condominium association in conformity with all pertinent requiremenfs of the condominium association's declarations. b. 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 materiais required are not I relevant to the proposed development or applicable to the planning documents that comprise the VaiJ comprehensive plan. The administrator and/or the reviewing body may require fhe submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. 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. D. 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 appiication as submitted, approve the applicarion 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 fhis fitle. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void two (2) years following the date of approval by the design review board unless, prior to the expiration, a buildinq permit is issued and construction is commenced and diligently pursued to completion. 8 • Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. 12-7H-8: 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 Lionshead Mixed Use 1 zone district, that the proposal is consistent wrth applicable elements of the Lionshead Redevelopment 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. ' 12-7H-9: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area. 12-7H-10: SETBACKS: The minimum building setbacks shall be ten feet (10') unless otherwise specified in the Lionshead Redevelopment Master Plan as a build-to line. 12-7H-11: 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 I . Redevelopment Master Plan. All development shall comply with the design guidelines and standards found in fhe 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. 12-7H-12: DENSITY (DWELLING UNITS PER ACRE): Up to a thirty three percent (3351o) 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, time share 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 twent y five percent (25%) of a dwelling unit for the purpose ~i of calculating density. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third (113) of the total floor area of the dwelling. 12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area sha!l be allowed for each one hundred (100) square feet of buildab/e 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 nof be entitled to additional gross residential floor area under the 250 ordinance, section 12-15-5 of this tit/e. 9 12-7H-14: SITECOVERAGE: • Site coverage shall not exceed seventy percent (7051.) of the total site area, unless ofherwise specified in the Lionshead Redevelopment Master Plan. 12-7H-15: LANDSCAP/NG AND SITE DEVELOPMENT: Af least twenty percent (2091o) of the total site area shall be landscaped, unless otherwise specified in the Lionshead Redevelopment Master Plan. 12-7H-16: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half (112) the required parking shaN be located within the main building or buildings. 12-7H-17: LOCATION OF BUSINESS ACTIV/TY.A. Limitations; Exception: All offices, businesses and services permitted by zone district, shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. B. Outdoor Displays: 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. 72-7H-18: 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 arid environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, 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. V. MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1(LMU-1) Zone District. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration rs in compliance with the purposes of the Lionshead Mixed Use 1 Zone District; • 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; 10 • 3. That the proposa/ does not otherwise have a significant negative effect on the character of the neighborhood; and, 4. That the proposal substantially complies with other applicab/e elements of the Vail Comprehensive Plan. VI. STAFF RECOMMENDATION The desired outcomes of this work session are as follows: • For the Commission to understand how the proposed renovation to the Landmark is regulated by the Lionshead Redevelopment Master Plan; and • For the Commission to understand how the proposed renovation to the Landmark is regulated by the Lionshead Mixed Use -1 zone district; and • For the Commission to understand the general elements and concepts of the applicanYs renovation proposal. • For the Commission to provide the applicant with initial feedback on the proposed bulk, mass, height, setbacks, architectural style, parking and circulation, compatibility with the neighborhood, off-set of development impacts, etc. Staff and the applicant request that the Planning and Environmental Commission • table this proposal for further review at the Commission's November 27, 2006, public hearing. VII. ATTACHMENTS A. Vicinity Map B. Chapter 5, Lionshead Redevelopment Master Plan (excerpts) C. Applicant's Variance Request D. Applicant's Preliminary Zoning Calculations E. Preliminary Architectural Renderings F. Preliminary Architectural Plans G. Public Notice • ll ~ j Attachment A PY, y 'f"' A ' ~ x ~ ~ `4; t ~a ~k ~4 ~ "I~N ~ ~ id • ~ ~ ~ v s 0a .~r • ~ ~ ~ ~PM1~ ~ . Y M,. ICM,, ° .t g }~4,r: • ~r r# _ . ; r ~ e It~.. }X ~,9 .~:YN ~ y?' yr , ¦ - y' . .DYk j ~ " ,'y5~ c9 ,t C7 ~ ~ w f ~ ~ ° ' ~ ~ ( 7Fj D O a ~ .i~w, M R ~ ~ ~ } ~ L z t , 0 m O r ci u) - , ~ ~ ~ • - ` , ~ .c~ ~ - ~ V~ a ~ , ~ . „ ~ ~ ~ ~ . ~ . ~ O ~ ~0 , . , ~ - ' L N ~ ;a~. ~ + ti'` ~ ~ . ~ , ~ . ~ ~ "n ~ , r ~ ~ 1} ~ O dw ~ ~ > ~ s A r ~ W 10 w . ~ . ,ry. ~ . r...P~ : ty~ • ~ ~~i ~ , " ~ . ~ , . . . , u (0 , , ~ f • ~ i~ ~ E ~a~. ~11, WuuF r % . k'~ 4r ~ t rar pr . ? w - . ! 1 ~r*'i~~ { r 1• ~ ~ ~ -1 ~ ~1~ ' . b"~ ~ ~ ' ~:5~ v,P Vw M t ry 7~ 1 rt, . ~ i"~'q• \t ~~t~ . 11 ~ ~ . ~ . d 7' ~ : ~ , Attachment B CHAPTER S DETAILED PLAN RECOMMENDATIONS • '.40RT33 L1CIa+iSE:-~A17 -7 PEUSIRtAT+t^,C3R.tuDfJ?, VED~.1:7ULlti ['aRr T'CtA.'+15PM'CA"170T+r' C~,~"ti'Ta ti,ARTVAt, FACLLtfiY It47~a".L'H;~G3C12.11?,L ~ut i7^rt ue !,OCA.17t~'r1{3NA5. T"RA3!tiaii ~ ANi? L"k[AFi3ER BilSES ~ -A'VDM:1ftK Tt7'%'NHt}hiES ~ . ~ i.P411'DRRt1.RA .y. fF # K ~ ............,w..~..-..i . ~ . ~ T ' ~ ~ ~ ~ ? i . .v _ . f ~ ~ ~ . " ,...~.''°~1 /~'u f ~ ~ . » r F a ~ ~ * , 'r r ~ ~'MA • . ~l~~. f • ~ fr: ~ + t -~.r?" - . . ~ 00 ~!:?flSTLNG i'Ed7L•CT7`i3hN BEZME ~ nANStT N°'g:HtCU"R C:IRCUj.,A°I°IU:4 ?4CG1iS5 'lxJ kj~l»()W-,`+'I"N411C"iU14E SLK'4'I(:E . L .kND DEUNTAY F'A[`~LtiY SIIC,`YtT TMt SI+:7EW ]'JRQt'OF: AF;F.A LA«~LSC.~FC SCKEENIINIG 10,k~~~S WES,Mq''+1D'~~oNDo,,N'aNjAtS Figr- 5 ~f3 ,.f'ropasr-d.yurtg P',,ssLo:Trarcrdrl`-e,rcr • LIONSHEAD REDEVELOPMENT MASTER PLAN PAGE 5-25 CHAPTER S DETAILED PLAN RECOMMENDATIONS ruTEKnnL c~.+,Mar.cIAL sP,ac~ BUIt.T aBnW • NaR'ni DnY usr TJ"r."J=T+T".LVXM ~ NnR'TH nnY tar TRANsPaRrnTIrm c:ENTEx ~ 10113.~IIAL110RIII-IOLTH cOMrPUrExr OF ttr:DF1?1.t3PLD LIKOMA}X 7UW14tttlMES ~ POTF,NT4AL CQhSM4?NS,.CJEli3Y S$hCFi' li.T:C:Rli.47Yotti: eML'.•.'CYY" GOl1MNENT fIP RF6ArWI:CIE'''.;D 1.4077ih'lARK TOUdHQ:+tES PQT3:N11A.L EAST-WEE57 ~ GVh1Yi7;Vhm' tJF K7S47EW-.CiPC;[3 . Y L.AIi17MAP&TqWTHQMIES . - _ . ~w~'."• _.,~r? . y + ii.. ~ f:ADI~?.iA]ilC 1`i34VE'' L^014AxK x-1~.~~L , E. ' ~ MO.°$TAN~.Qr . I. :~iE 'f~'E': :.i~ Ilil ?I•:.. ' ~u . f ` 3 ~ ~ !vEW nEDEscRZ&NANn ).h1ERc~BSe Y tEWz.e rnRRrrxOx j~ FC7ttiN'rt~•tL C:l1L~?~-SAiC T13kC7E'i7kr AKL` CaliAi7: `I`R,~1.'N5t'1'1{~N "r,'7Y) RE7.`,~ill CiJCiE Iii:DtzYI:LC7PX1? CONrER.T IiALi.. FI.O.7,A µ'M I,10"rSHEALT GRCI=F Figi."i-C.ga- t.1xz.»rsa-tivv~a.f.~dk.~w.~~ap~nrnt C3~,rynmiwrrr CIn ~Vn21t J:eav Znf rmni7+urfflrkM rtrifcr..'7'[1t Tvors: Tra rKtrciuzd cammerczal =y+aner; Jtsccihxl ir. this gv(tia wiil rcqtiin eaYhnr b!fktw em,i# gtrcir.tzrec9 MrkiraA ar nP.'-wike Patlcinl&. • PAGE 5-26 LIONSHEAD REDEVELOPMENT MASTER PLAN CHAPTER S DETAILED PLAN RECOMMENDATIONS • The Vail Planning and Environmental Commission has stated that the creation of office space in Lionshead should be pursued and that any development on the North Day Lot should study the potential opportunity to build office space vertically above the transportation center. Such a structure would have the benefit of providing additional screening of the South Frontage Road and Interstate from the Landmark Tower, but also would present significant parking issues. It is not recommended that office space on the North Day Lot be pursued at the expense of the transportation center program elements described above. A potential development scenario with office space is shown in figure 5-13b. 5.10 Montaneros, Concert Hall Plaza, Landmark Tower and Townhomes These three properties form the wall that separates the pedestrian retail mall from west Lionshead lodges and residential properties. Although each property has particular issues and redevelopment potential, they are discussed together because of their proximity and common relationship to the pedestrian mall. The potential that these three properties could work together in a joint redevelopment effort is limited because the Landmark Townhomes and Montaneros are condominium associations. The conceptual master plan for this area (see figure 5-14) assumes that each property redevelops independently. However, the best planning scenarios for these properties (and for the west pedestrian/ retail mall) involve joint efforts and the possible realignment of existing property lines. If redevelopment pressures build for these properties, the Town of Vail should take all reasonable measures to encourage and facilitate cooperation among the • owners. 5.10.1 Landmark Tower and Townhomes Two important issues face this property: access and redevelopment of the ~ Townhomes. The Landmark Tower currently has an informal agreement with Vail Associates that allows it to utilize the north day lot for guest arrivals and drop-offs. It is unlikely that this use can continue in the same way after development of a transit center on the site. Planning for development of the north day lot should explore all possibilities to integrate a new front door for the Landmark into the new facility. There is also an opportunity for the Landmark Tower to expand its lower level lobby over its existing parking deck, possibly tying in with the shelter building proposed at the transit center. ' Perhaps the best scenario for improving the Landmark's access is in conjunction with redevelopment of the Townhomes. This would make possible the creation of a drop-off loop integrated into the west end of the Landmark or an access drive and drop-off loop on the existing fire lane south of the structure. The latter would only be possible if a new pedestrian corridor/fire lane is created into the pedestrian core area. A joint redevelopment effort by the Townhomes, Concert Hall Plaza and Montaneros would present the greatest range of opportunities to resolve the access issue. ~ LIONSHEAD REDEVELOPMENT MASTER PLAN PAGE 5-27 CHAPTER 5 DETAILED PLAN RECOMMENDATIONS There is little opportunity for expansion of the Townhomes because it is hemmed • in by property lines to the north and by the fire lane and property lines to the south. One possibility is a structure oriented north-south over the west end of the North Day Lot. However, there would be potential conflicts with the volume of traffic entering the north day lot from this end. With cooperation from Concert Hall Plaza and Montaneros, the property might be able to expand to the south. 5.10.2 Concert Hall Plaza/ Montaneros Concert Hall Plaza was intended to be the western portal into the Lionshead pedestrian core, but pedestrians can't see where it leads and don't use it. When this property is redeveloped, a priority will be to create a connection as direct as possible between the western terminus of the pedestrian core and the intersection of West Lionshead Circle and Lionshead Place. The concept illustrated in figure 5-11 would require cooperation with the Town of Vail to remove the existing bus drop-off, as well as Montaneros and the Landmark Townhomes. (The scenario in figure 5-11 would require a small property acquisition from the Landmark in the northeast corner of the redeveloped structure.) The redeveloped structure could accommodate a vertical residential component as well. This is the most feasible solution for a strong pedestrian connection, but the best solution would entail a cooperative redevelopment effort with the Montaneros. The Town of Vail should make all reasonable efforts to encourage and facilitate this redevelopment. • ~ LIONSHEAD REDEVELOPMENT MASTER PLAN PAGE 5-29 ~ CHAPTER S DETAILED PLAN RECOMMENDATIONS . • . ~.-a~ se M~ marrrAx~xas ' Y i •~*~a. .~.t 1 S ? ~C . , . ~ ~ ~ ' - ~ ~ ' i ' :f ~ _ ~ ~ , r+,,R•• ' , • , ~ ~ ~ ~ R~' LDL''Vl.Ll:l1 LL] ~ .,,f , ~ ~ ,,,,i~ _ . ~ ~ • . L,+NvMnRtc ~ : • t t. , 1 1... + _ _ ~ . ~i~~~~ ? ~ . 's;ESTr-ItIN53EADCIkCIE. • R~.?~DVATT'D,'REAFA'ELL)?Eb LANTr7vtARK TOWWHl)MfS ~ F$gere S• 14 -14ndmarlr ?'tawrsfiam~*sil~4o~ctG~n~r~~uMe~rr ffnll #`tD.:a • PAGE 5-28 LIONSHEAD REDEVELOPMENT MASTER PLAN I Attachment C i_.ynn FritzIHn, AIA, Arc:hi 4v;liiam F. Pierce,Architect rrei i e.Ltiv ritrct-E ARCHITECTS K.at:tiy hleslinga, f3usinesss VAIL, COLORADO • ' Manace.r October 13, 2006 , APPLICATIION FOR VARIANCE LANDMARK CONDOMINIUM ASSOCIATION LOT 1, BLOCK 1, VAIL LIONSHEAD 3RD FILING VARIANCES FOR PARTIAL SOUTH SETBACK, LANDSCAPE AREA, AND SITE COVERAGE (IF REQUIRED, PENDING OUTCOME OF APPEAL) NATURE OF THE VARIANCES: SOUTHSETBACK The Applicant proposes to encroach into the south setback, to a limited extent, as indicated on the plans, to permit construction of underground parking. The area proposed for encroachment is adjacent to the existing building to the south (Concert Hall Plaza (CHP)). This is an area that the existing CHP foundation exists at the common Property Line permitting construction on the Landmark property without soil reinforcement. The existing foundation of CHP is deeper than the proposed Landmark parking structure allowing,excavation of the parking structure without affecting the • CHP. The Applicant proposes to respect the established setbacks where there is no existing foundation adjacent to the common Property Line with CHP. This request conflicts with Section 12-7H-10. ' LANDSCAPE AREA The current site is legally non-conforming with the regulations. Section 12-7H-1 5 , requires 13,025 sq. ft. of landscaping. The site has 9,951 sq. ft. of landscape area. The proposed improvements reduce the existing landscape area by 1648 sq. ft. to 8302 sq. ' ft. The primary location where landscaping is being reduces is the area at the west end of the property where a new loading facility is proposed. The original Building is buiit to the Property Line in a number of locations limiting the flexibility of adding landscape area to the site. A large portion of the site is also adjacent to the Lionshead Mall and Fire Department Staging areas, which are predominately hardscape, likewise limiting the options to provide landscape area. SITE COVERAGE (IF REQUIRED, PENDING OUTCOME OF APPEAL) The Applicant is proposing to install a fully underground parking garage beneath the proposed access drive south of the existing Townhouses. There are no other locations on the site for the applicant to provide additional parking. Chapter 7 of the Lionshead FRITZLEN I GSQ E<.5t Vail Vailey Drive, fallridge C--1, • P I E R C E Vail, f::olt:)rrtdo 81657 P. 970.4 ; 6.6342 f: 970.476.4901 . C::: infc3,?>uail<.rc:hitects.c:om I www.vai!arcl;itects.com FRITZLEN PI ERCE ARCH ITECTS VAIL, COLORADO ~ Master Plan (Section 7.2) states "Below Grade development is not counted as site coverage", however, the Definition of Site Coverage in Section 12-2-2 does not exclude underground space. We believe the construction of additional underground parking meets the intention of the Zoning Ordinance as well as the Lionshead Master Plan. RELATIONSHIP TO EXISTING OR PROPOSED USES OR STRUCTURES IN THE VICINITY, ~ COMPATIBILITY WITH AD)ACENT S1TES, EFFECT ON UGHT AND AIR, DISTRIBUTION OF POPULATION, TRANSPORTATION, TRAFFIC FACILITIES, UTILITIES, AND PUBLIC SAFETY: The Applicant believes that a large number of Buildings, in the immediate area vary from setback standards, and, as stated above the adjacent property to the south has a zero setback. The setback encroachment is proposed to provide additional parking on the site for "warm bed" uses which conforms with the intention Master Plan. The Applicant believes that few, if any, existing Buildings in the immediate area conform to the 20% landscaping standard. The Applicant is maintaining a strong landscape buffer to the south and adding landscaping immediately south of the existing parking garage. The Applicant believes that although deficient the proposed landscaping is actually more visually appealing than the current condition. The Applicant believes the • addition of a loading berth to the site is beneficial and conforms with the intent of the Master Plan. Immediate hardscape uses (Streetscape and Fire Department Staging Areas) prevent on-site mitigation of landscape area mitigation. The Applicant believes that the proposal has no negative impacts of light and air, distribution of population, transportation, traffic facilities, utilities, or public safety. The Variances requested are needed to allow reasonable redevelopment of the existing property. The improvements proposed by The Applicant are consistent with the goals of the Master Plan. FRITZLEN 1 G50 Er.st Va:l \r,tlleyJ Dr;ve, Fallj•;clge C 1, P I E R C E Vail, Coloradr> 8165' P. 970.476.6342 F: 970.476.4901 L: 119iW9'Villlfil"C`lIt:E:C.CS.{O"Yi www.vailard,iitec.ts.com Attachment D Landmark Condominiums ~ Height Calculations ?vation discrepancy Original dwgs: 8159'-0" FPA dwgs: 8163'-6" Diff: 4'-6" 4'-6" is subtracted from all ridge heights on FPA drawings, all numbers are in the decimal feet Townhouse Ridge Calculation R# RL AH RL(AH) 1 9.0000 74.0000 666 2 9.3333 57.2500 534.333143 3 17.1667 62.4167 1071.48632 4 27.1667 64.1667 1743.19466 5 27.1667 63.1667 1716.02799 RL: Ridge Length 6 19.6667 74.7500 1470.08358 AH: Average Height 7 32.3333 72.3333 2338.77754 R#: Ridge Number 8 19.6667 77.2500 1519.25026 TAH: Total Average Height 9 31.3333 65.9167 2065.38867 TRL: Total Ridge Length 10 31.3333 67.9167 2128.05533 11 19.6667 78.0000 1534.00026 12 32.3333 73.5833 2379.1942 13 19.6667 78.7500 1548.75026 14 15.0000 67.9167 1018.75 • 15 15.0000 68.6667 1030 TAH SUM 325.8333 22763.2922 69.8618 Tower Ridge Calculation R# RL AH RL(AH) 1 27.0000 81.5000 2200.5 2 27.0000 81.8333 2209.5 ' 3 32.5000 83.0000 2697.5 4 27.0000 81.6667 2205.0009 5 27.0000 81.3333 2195.9991 TAH SUM 140.5000 11508.5000 81.9110 Commercial R# RL AH 1 120.6667 14.5 Lobby Ridge Calculation R# RL AH RL(AH) 1 49.2500 15.8333 779.791667 2 28.0000 17.5000 490 3 8.6667 13.0000 112.6671 TAH SUM 85.9167 1382.4588 16.0907 TRL T-RL(AH) Avera e Hei ht ~ 672.9167 35668.7510 53.0062 ~ Landmark Condominiums TOV Calculations GRFA Calculations Existin Density Calculation Townhouse Existing GRFA Site Area/Coverage Floor SQFT 1st 9,270.83 Site Square Footage 65,124.83 I I 2nd 9,270.83 Arcres 1.50 Loft 6,758.88 Allowable Site Coverage 45,587.38 Total 25,300.54 Existin Site Covera e 41,280.00 Remaining Site Coverage 4,307.38 Tower Existing GRFA Floor SQFT New Site Coverage: Lobby, Elevator Tower, Units 1 st 5,698.71 3,753.00 2nd 5,698.71 Remainin Site Covera e 554.38 3rd 5,698.71 4th 5,698.71 Total Number of Existing DU 5th 5,698.71 58 6th 5,698.71 Percentage increase from LHMP 7th 5,698.71 3 3% 7th Loft 2,715.58 Total number of allowable DU • Total 42,606.54 77.14 Number of Proposed DU Total Existing GRFA 67,907.08 18 Total number of proposed units Total Allowable GRFA 162,812.08 76 GRFA Calculations Pro osed Parkin Townhouse Additional GRFA Existing Parking 85 Floor SQFT Required Parking for new Development 1 st 568.00 DU 25 2nd 568.00 Retail 1.5 3rd 745.00 Restaurant 2 4th 745.00 Total 29 5th 10,777.90 Proposed Parking 36 6th 10,064.10 Exst Parking Removed 7 7th 1,600.00 Total Parking 114 ElevatorTower1st-8th 2,888.00 TotalParkin Re uired 114 Lower Level Lobby 2,716.00 Additiona) Spaces 0 Upper Level Lobby 2,778.00 Total 33,450.00 Total GRFA 101,357.08 Remaining GRFA 61,455.01 ~ • Landmark Condominiums ~ TOV Calculations Landsca e Required Landscape Area 13,024.97 Proposed Landscap Area 8,302.10 Total Landscape area needed 4,722.87 Em lo ee Housin Unit (EHU) Number of EHU's req. 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'1 , I y- ~ I I _ I ~l II ~I I ~ - ~ i k Mu1 il3bnd Z W ~ ~ [591Y WV1K110] 11VA WU V L Q O 3T]tll]OV3NSNDI1153MO19 J W ~ F F ~I11iUtl[OVlH5NOI111VA'IMJO19 'l l01 N~ ~ d N Q swniNiwoaNOD ~NdwaN~ LLa < ~ ~ ~ Z 0 ~ Q > W ~ W. a ~m m _ o ~ - - • o ~ - : ~ - - - - _ -EL .1- ~ = = - ~ ~ ~ ~)6s t ..w~ ulloXa w U ~ 3R ~ L591YOOV+IDl0~11V~ W `3~ ~ W O 31]tlD W1HSNpII LS3M ll l9 J 7 'JNI11f4Y[pV3HSNO1llIV~'lM]0191101 N~ ~ d p V ~ SW(11N1WOaN0D x2lb'WaNbl LLa ~?eg N= Q 4r - ~ z ~ ~ - ~ ~ - -J z O vb w- ~m 0 < • z ~ <t- , _ Q „ ~ - „ ~ - o ria < ii il . I Attachment G • ~ ,~~a~,,~~THIS ITEM MA UBL C NOTICER 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 November 13, 2006, at 1:00 pm in the Town of Vail Municipa! Building, in consideration of: A request for a worksession to discuss a conditional use permit, pursuant to Section 12- 7A-3, Conditional Uses, Vail Town Code, to allow for a business office (real estate), located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PEC06-0065) Appiicant: Vail Dover Associates, LLC, represented by Mauriello Planning Group Planner: Warren Campbell , I A request for a final review of a conditional use permit, pursuant to section 12-76-5, I Permitted and Conditional Uses, Above Second Fioor, Vail Town Code, to allow for the , I operation of a"quasi-public" club, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0067) Applicant: Remonov & Company, Inc. Planner: Warren Campbell A request for a worksession to discuss a conditional use permit, pursuant to Section 12- • 9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC06-0068) Applicant: Town of Vail, on behalf of All Mountain Sports, LLC Planner: Bill Gibson A request for a final review of a variance, from Section 12-6D-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-7, Variances, Vail Town Code, to allow for a residential addition located at 2339 Chamonix Lane/Lot 11, Block A, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC06-0069) ~ Applicant: Robert Stephanoff, represented by Jack Snow, RKD Architects Pfanner: Bill Gibson A request for a final review of a variance, from Section 12-61-1-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 3/Block 5, Vail Vi(lage Filing 1, and setting and setting forth details in regard thereto. (PEC06-0070) Applicant: Lewis and Patricia Lewis, represented by Michael Suman Architect Planner: Elisabeth Reed A request for final review of variances from Section 12-61-1-6, Setbacks, and Section 12- 6H-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 5,/Block 5, Vail • Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0071) Applicant: Elliot and Margie Davidoff, represented by Michael Suman Architect Planner: Elisabeth Reed Page 1 • A request for a final review of a variance, from Section 12-61-1-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 8/131ock 5, Vail Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0072) Applicant: Sue Thurow, represented by Michael Suman Architect Planner: Elisabeth Reed A request for a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Landmark Condominiums; and a request for a final review of ~ variances from Sections 12-71-1-10, Setbacks, 12-71-1-14, Site Coverage, and 12-71-1-15, YO Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, ~o Variances, to allow for an underground parking structure and a staircase within the V setbacks and deviations from the maximum site coverage and minimum landscape area requirements, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0074) Applicant: Landmark condominium Association, Inc., represented by Geoff Wright 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 Chapter 7, Development Standards, Lionshead Redevelopment Master Plan, does not supersede the setback requirements prescribed by Section 12-71-1-14, Setbacks, Vail Town Code, • located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. Applicant: Landmark condominium Association, Inc., represented by Geoff Wright Planner: Bill Gibson Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SDD No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved building Plans for the Vail Cascade Residences (Cascade movie theaters and Colorado Mountain College), located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. (PEC06-0075) Applicant: . Vail Cascade Residences, LLC, represented by Mauriello Planning Group Planner: Warren Campbell A request for a final review of a conditional use permit, pursuant to Section 12-61-1-3, Conditional Uses, Vail Town Code, to allow for the construction of a Type III Employee Housing Unit, in association with The Willows redevelopment, located at 74 Willow Road/Lot 8, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0076) Applicant: The Willows Condominium Association, represented by Triumph Development, LLC Planner: Elisabeth Reed ~ Page 2 I The appiications and information about the proposals are available for public inspection • during office hours at the Town of Vaii 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 cali 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Tefephone for the Hearing Impaired, for information. Published October 27, 2006, in the Vail Daily. i • ~ ~ Page 3 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2006 SUBJECT: A request for a final review of a variance from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-7, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 3/Block 5, Vail Village Filing 1, and setting forth detaits in regard thereto (PEC06-0070). Applicant: Patricia Morphew Lewis and John Lewis; David Cross and Maureen Graham, represented by Michael Suman Architect Planner: Elisabeth Reed 1. SUMMARY The applicant is requesting a variance from the required twenty foot (20') setback standards within the High Density Multiple Family (HDMF) district in order to enclose a deck located within the north and east setbacks. As proposed, the enclosure would comprise approximately 114 square feet of GRFA within the east (rear) setback and 83 feet of GRFA within the north (side) setback. Based upon the criteria and findings in Section VIII of this • memorandum, staff is recommending approval, with conditions of the applicanYs variance requests. ll. DESCRIPTION OF REQUEST The applicant is requesting to add two hundred thirty (230) square feet of Gross Residential Floor Area (GRFA) to Unit 3 of the Tyrolean Condominiums by means of one deck enclosure utilizing a portion of this uniYs allowable "250 addition". Of that amount, approximately one hundred ninety seven (197) square feet of GRFA is proposed to lie within the setbacks. One hundred fourteen (114) square feet will encroach into the minimum twenty foot side (north) setback and eighty three (83) square feet will encroach into the twenty foot rear (east) setback. The proposed setback encroachment would be constructed six feet (6') into the eastern setback and five feet (5') into the northern setback. The architecture of the Tyrolean lodge includes a number of decks which are covered by overhangs that range from four to eight feet in depth. The overhangs create cavernous deck areas and the impression of more bulk and mass in that area than actually exists. The applicant posits that the proposed enclosures will not increase the apparent bulk and mass more than currently exists. A Vicinity Map, the architect's request, and architectural plans and elevations have been attached for reference (Attachments A, B, and C). III. BACKGROUND In 1968, the Blue Cow Restaurant was constructed on the southern portion of the subject i 1 41L TOWN property. In 1980, the Tyrolean Condominiums were constructed (within the south and • east setbacks) and attached to the existing "Blue Cow" restaurant structure. On May 10, 2004, a variance was approved, to allow the floor area that was once the Tyrolean Restaurant to be converted into gross residential floor area (GRFA). On Juiy 26, 2004, a setback variance was granted to the owners of Unit 9 to allow for construction of a minor exterior alteration. Additional setback and site coverage variances were granted to the owners of Units 6 and 7 on May 9, 2005 to aAow for encroachments into the setbacks of five feet (5') for similar deck enclosures and to allow for the addition of site coverage exceeding the allowable. IV. REVIEWING BOARD ROLES A. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility ' and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 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. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. ' B. The DRB has NO review authontv on a vanance, but must review any accompanymg DRB application. C. 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. ' D. 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 memorandum containing background on the property and provides a staff evaluation of the project with respect to the required criteria and • 2 • findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS TITLE 12, ZONING REGULATIONS ARTICLE H. HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT (excerpted) 92-6H-9: PURPOSE: The high density multiple-family district is intended to provide sites for mulfiple-family dwellings at densities to a maximum of twenfy five (25) dwelling units per acre, togefher with such public and semipublic facilities and lodges, privafe recreation facrlities and related visitor oriented uses as may appropriately be /ocated in the same district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominrum and Iodge uses, and to maintain the desirable residential and resort qualities of the district by establishing appropriate site development standards. Certain nonresidential uses are permifted as conditional uses, which relafe to the nafure of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district. 12-6H-6: SETBACKS: • 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). 12-6H-9: SlTE COVERAGE: Site coverage shall not exceed fiffy five percent (5551o) of the total site area. CHAPTER 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 rnconsistent with the objectives of this title as would result from sfricf 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 fo the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. i , B. Development Standards Excepted: Variances may be granted only with respect to the devefopment standards prescribed for each district, including lot area and site ~ dimensions, setbacks, distances between buildings, height, density control, building bulk ' • control, site coverage, usable open space, landscaping and site development, and ~ 3 parking and loading requirements; or with respect to the provisions of chapter 19 of this • fitle, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each district because the flexibility necessary to avoid ' results inconsistent with fhe objectives of this title is provided by chapter 16, "Conditional Use Permits"; and by section 12-3-7, "Amendment" of this title. 12-17-6. • CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and I structures in the vicinity. 2. The degree to which relief from the stricf or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sifes in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilifies and utilities, and public safety. 4. Such ofher factors and criteria as the commission deems applicable to the proposed variance. • B. Necessary Findings: 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 inconsistenf with the Irmitations 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 weifare, 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 or literal interpretation and enforcement of the specified regulation would result in practical ditficulty or unnecessary physical hardship inconsistent wifh fhe objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. • 4 VI. SITE ANALYSIS • (requested deviations have been notated with bo/d font) Address: 400 East Meadow Drive, Unit #3 Legal Description: Block 5, Vail Village Filing 1 Zoning: High Density Multiple Family Land Use Plan Designation: High Density Residential Current Land Use: High Density Residential Development Site Size: 16,039 sq.ft. (0.368 acres) Hazards: None Development Standard Allowed/Required Existin Proposed Setbacks: Front: 20 ft. 16' no change Sides: 20 ft. 20' (North) 15' (North) Rear: 20 ft. 18.5' (East) 14' (East) Height: 48' 48' no change GRFA: 12,190 sq. ft. 15,725 sq. ft. 15,955 sq. ft. Site Coverage: 55% (max.) 56.6% (9,078 sq. ft.) no change (8,821sq. ft.) Densiry: 9 DUs (max.) 9 DUs no change ~ Landscape Area: 30% (min.) 43% (6,981sq. ft.) no change (4,812 sq. ft.) Parking: 19 spaces (min.) 23 spaces no change VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: CDOT ROW Not Applicable South: Open Space Natural Area Preservation (NAP) East: Residential High Density Multiple Family (HDMF) West: Transportation Center General Use (GU) 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 Repardinq Variances: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. • 5 Staff has determined the requested variance wili not negatively effect the • relationship between the Tyrolean building and surrounding structures because the apparent bulk and mass of the Tyrolean Lodge will remain the same. The encfosure will not further diminish space between potential uses or structures in the vicinity, mostly due to the site being bounded by the I Frontage Road to the north and a building soon to be demofished to the east (Apollo Park), with that area being replaced with parking and landscaping uses. The existent "screen" or "mask" walls, as depicted on the existing elevations already create the appearance of structure located within the ' setbacks. 2. The degree to which relief from the strict and literal interpretation and I 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. Considering the variance requests previously approved by the Planning and Environmental Commission (PEC) for similar deck enclosures requested within the Tyrolean Lodge, approval of such would not constitute a grant of special privilege, but will likely further the degree of architectural compatibility and uniformity of treatment of this site. 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 believes that little to no effect upon light, air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety will occur should this variance request be approved. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. The original placement upon the site of the Tyrolean Condominiums created circumstances and conditions to which ample attention should be paid by the Commission and which may not apply generally to other properties in the High Density Multiple Family zone district. B. The Planninq and Environmental Commission shall make the followinq findinqs before qrantinq 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 • 6 • 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 The Community Development Department recommends approval, with conditions of the requested variances from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-7, Variances, to allow for the construction of a residential addition within the side and rear setbacks, located at 400 East Meadow Drive, Unit 3/131ock 5D, Vail Village 1 S` Filing, subject to the criteria outlined in Section VIII of this memorandum. Should the Planning and Environmental Commission choose to approve, with conditions, • the requested setback variances, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, wifh conditions, a variance from Secfion 12-6H-6, Sefbacks, Vail Town Code, pursuant to Chapter 92- 7, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 3/Block 5, Vail Village Filing 1, and setting forth details in regard thereto, subject to the following condition: 1. The applicant shall adhere to the conditions of the attached letter of intent, dated November 3, 2006, indicating the date of screening of the parking along the Frontage Road. 2. This approval shall be contingent upon approval by fhe Design Review Board of the associated design review request. "Based upon fhe review of fhe criteria outlined in Section VIN of this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on ofher properties classified in the same disfrict. 2. That fhe granting of the variance will not be detrimental to fhe public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. ~ 7 ~ 3. That the variance is warranted for one or more of the following reasons: • a. The strict literal interpretation or enforcement of the specified regu/ation 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 fo the same site of the variance that do not apply generaily to other ' properties in the same zone. c. The strict interpretation or enforcement of the specified regulafion would 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. Architectural plans and elevations D. Letter of intent dated November 3, 2006 E. Public Notice • i 8 r OA,,' Attachment A M"~ ~~;s ~~tr 'r ~ ~ ~ I ~ I~~~~ r dd ; a , ~ . ; . ~7 - ~ • , . , a;' „ ~ ; ° r ~ +~,J.~ r ~ ~ ~ y ~ a ~ ~IT~Ry,i • O,~r ~ , ~ ~ ~ 'r M ~ L ' ~ iiN ?d ~ ~ ~ ~ ~ ° ~ r' p m 0) ~ > J J 4 )o (4yk ~~~~p~ ~ ~ ~ ~ y, * ~ ~ : ~•t ~~f~y ~ ` f 'aa ? H~,~+y b~ . ~'+~F . 0 ~ r 44 J r ~ LO ~ • a~ Y YD~ k . J ~I ~ ~ ~ ° " /«`,J 6'' (n . ~ , rt , . . I ~ p >1 m y~3 p~tt~ e Y w 1~.Nf , we i. W ~ ; . X . 'I ff4~at~,~'gp{~, ~ ~ ;~'h ' ;a,,~, ~ . • ~ ~i ~ - ~ ; . ~ . ~!e" '„'i• w: AN Attachment B SUM • A R C H 1 T E C T October 15, 2006 Tyrolean Unit 3, 5 and 8 Additions Tyrolean Condominiums, Lot 5D Vail Village 1 Sf Filing Variance Application for Side Setback RE: Section 12-6H-6, Setbacks, Vail Town Code 1. Description of Variance Requested The Tyrolean Unit 3, 5 and 8 owners are working together to enclose areas of their existing decks. They are entitled to an additional 250 sq. ft. per the 250 ordinance which is still available for each unit. Given the existing plan constraints, the decks are the only practical areas for addition. The variance being requested will allow a total of 423 sq. ff, of GRFA to be constructed within the west, east and north setbacks. Below is a detailed breakdown of the GRFA pertaining to each unit; Unit 3 East Setback North Setback West Setback Total Main Level 114.4 sq ff 82.6 sa ff 0 sq ff Total 114.4 sq, ff. 82,6 sq. ft. 0 197.0 sq. ft. Unit 5 East Setback North Setback West Setback Total Main Level 0 sq, ft. 0 sq. ft. 133.5 sq, ft. • Upqer Level 0 sa it 0 sa ff 13.5 sa ft. Total 0 sq, ft. 0 sq. ff, 147.0 sq. ff, 147.0 sq. ft. Unit 8 East Setback North Setback West Setback Total Main Level 0 sa ff 0 sa ff 78.5 sa ff Total 0 sa, tt, 0 sq. ft. 79.0 sq. ff, 79.0 sq. ft. Total Proposed GRFA in Setbacks 423.0 sq. ft. The property was zoned HDMF in 1969 and the condominiums were constructed in 1980, Because the buildirig was originally constructed in the setbacks, the property was rendered "non-conforming" upon the buildings completion. This pre-existing nonconforming condition through no fault of the applicant(s) is a hardship based on the strict and literal interpretation of the code. 2. Analysis of Proposal The existing design of the building uses a wood "mask" wall system to hide the decks within. This "mask" is generally cantilevered 5'-0" off of stucco walls that enclose the units. The major reading of the bulk and mass is defined by the "mask" with the stucco walls being secondary. The proposed deck enclosures move the existing exterior walls of the units out an average of 4'-8 1/2", They maintain the reading of the "mask" and do not encroach into the east or north setback any more than the "mask" wall system does today. Therefore, the proposed deck enclosures will impact the perception of the overall bulk and mass of the building very little. The adjacent properties on the east and north are a parking lot and frontage road respectively. The building addition occurs within the existing bulk and mass and is in a location on the site that has no impact on development standards and neighboring properties, • michael C'sumancirchitcct.com 143 East Meaciow Drive 970'479~7502 Suite 300 970.479.7511 Vail, CO 81657 nn 970.471.612' SUMAN ~ A R C H I T E C T The deck enciosures will be constructed concurrently with a renovation of the entire building, See drawing A3,5 for the proposed improvements of the entire complex. The overall building improvements will be reviewed by the DRB at the same time as the proposed unit modifications. 3. Approval Criteria Based on practical difficuities, the requested variance will aliow Units 3, 5 and 8 to take advantage of the 250 ordinance which they are entitled to,,lt is simildr to`variancesgranted in 2005 to Units b and 7.' The proposed variance is not a grant of special privilege given the nonconforming location of the existing building and the need to create uniformity of treatment within this property, 4. Effect on light and air, distribution of population, transportation and traffic facilities, etc. The proposed variance will have no negative impacts on these items, • ~ michael C sumanarchitect.com 143 East Meadow Drive 970.479.7502 Suite 300 f 970.479.751 1 Vail, CO 81657 nz 970.471.6122 Attachment C oaryowatiive a 9I.,3 = I ii il ' ~ O I ~ ia 9- o~ O W S'13aOW3a 8`9 `E 11Nt1 Ny^ns.~I ~wmxiwoawm rmoru ~ ~ II ~ ~ ~ II I I~~ 8 ~ I ~ d ~ (9 Z Z z,4Eg~ ~ = K ~@~y`~{~&~~•Bj~~a-Ye¢ Q > 0 J 1 W Z ;j.=q{~`yE~s~s°t ~ N p - y ~ 2 C1 ~ W 5 ~ F ~Y a y' ~5 ~ y~~~ c~ 6f ~ • 5 ~ Q W a~ Q~ 9:~ 4 H' F7 U F? ZB t? 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Il `I, ~ oawoioa'tn~ S~3QOW3~1 8`S`E 11Nf1 F 1 a i aR.~ae I ~ I ~ {~ e I ~pp ~ ~ ~ ~ ' ~ , i z ~I ~ ~~ :~ , ~ i ,, ~ ~ oa,~r ,a g~jlilik ~ ~ t? ~E tl ~ ~ ~ 9ililoi ~;l;;I~l9 0 0 o a a o~ L' • ~ ~ ~ ~ ~ I, ~ a b~ II , I 1{~ 4~ y1 ~p Q ~ ~ ,Qlix,. ociv.. ~,,~`d~ , n?r4lwoaN°0 _ - I . a. w Nvwns ~ ' ' ~ 4 ~ ~ _ ~ ~-D•" ~ I ~ ~ W • ~ ~ ~ 4~5x r ~ a ~ , H ~ 1 f I ~ SY p) \ ~ r ~ 4 l,•, ~P k €~1= ~;qqq~ f '1` , * f g ~ 1 a• aW iiM~n ~ ~ ~ l' I y~~ ` i ~a ~ , ~ A ' W ~ _ z Attachment D • MEMORANDUM To: Elisabeth Reed, Town of Vail Planning Department From: Kevin Deighan Date: November 3, 2006 Re: Tyrolean Landscape Agreement CC: Michael Suman Dear Elisabeth, It has come to our attention that our contractor inadvertently failed to plant the shrubs around the easement in front of the Tyrolean building as part of our overall work. In consulting our landscape engineer and landscape contractor, any plant material planted at this time, will not survive the year. We anticipate the costs for this work will be less than'$1,000 given the size of the material required in our approvals. It is our intention to plant this material in the spring. ~ In the meantime, please free to contact us should you have any questions regarding these materials. Thank you in advance for your consideration. Kevin Deighan Timberline Commercial Real Estate 12 Vail Road, Suite 600 Vail, CO 81657 970-476-3436 970-390-5213 970-476-1986 (fax) Deighanone(c)aol.com ~ Attachment E ~ THIS ITEM MA UBL C NOTIOCER PROPERTY NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vaii will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on November 13, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a worksession to discuss a conditional use permit, pursuant to Section 12- 7A-3, Conditional Uses, Vail Town Code, to allow for a business office (real estate), located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PEC06-0066) Applicant: Vail Dover Associates, LLC, represented by Mauriello Planning Group Planner: Warren Campbell A request for a final review of a conditional use permit, pursuant to section 12-76-5, Permitted and Conditional Uses, Above Second Floor, Vail Town Code, to allow for the operation of a"quasi-public" club, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0067) Applicant: Remonov & Company, Inc. Planner: Warren Campbell • A request for a worksession to discuss a conditional use permit, pursuant to Section 12- 9C-3, Conditional Uses, Vaif Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC06-0068) Applicant: Town of Vail, on behalf of All Mountain Sports, LLC Planner: Bill Gibson A request for a final review of a variance, from Section 12-6D-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-7, Variances, Vail Town Code, to allow for a residential addition located at 2339 Chamonix Lane/Lot 11, Block A, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC06-0069) Applicant: Robert Stephanoff, represented by Jack Snow, RKD Architects Planner: Bill Gibson A request for a final review of a variance, from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, ~ tbv ~ located at 400 East Meadow Drive, Unit 3/Block 5, Vail Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0070) Applicant: Lewis and Patricia Lewis, represented by Michael Suman Architect Planner: Elisabeth Reed A request for final review of variances from Section 12-6H-6, Setbacks, and Section 12- 6H-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 5,/Block 5, Vail Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0071) • Applicant: Elliot and Margie Davidoff, represented by Michael Suman Architect Planner: Elisabeth Reed Page 1 ~ 'r.~ _ ` • IMA , . A request for a final review of a variance, from Section 12-61-1-6, Setbacks, Vail Town ~ Code, pursuant to Chapter 12-17, Variances, to allow for the enciosure of a deck, located at 400 East Meadow Drive, Unit 8/B1pck 5, Vail Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0072) Applicant: Sue Thurow, represented by Michael Suman Architect ' P{anner: Elisabeth Reed A request for a final review of a major exterior alteration, pursuant to Sectian 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and ' the renovation of, the Landmark Condominiums; and a request' for a final review of variances from Sections 12-71-1-10, Setbacks, 12-71-1-14, Site Coverage, and 12-71-1-15, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an underground parking structure and a staircase within the setbacks and deviations from the maximum site coverage and minimum landscape area requirements, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0074) Applicant: Landmark condominium Association, Inc., represented by Geoff Wright Planner: Bill Gibson A request for final review of an appeal of an administrative action, pursuant to Section 12-3-3, Appeals, Vail Town Cade, appea{ing a staff determination that Chapter 7, Development Standards, Lionshead Redevelopment Master Plan, does not supersede the setback requirements prescribed by Section 12-71-1-14, Setbacks, Vail Town Code, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting • forth details in regard thereto. Applicant: Landmark condominium Association, Inc., represented by Geoff Wright Planner: Bill Gibson Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SDD No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved building Plans for the Vail Cascade Residences (Cascade movie theaters and Colorado Mountain College), located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. (PEC06-0075) Applicant: Vail Cascade Residences, LLC, represented by Mauriello Planning Group Planner: Warren Campbell A request for a final review of a conditional use permit, pursuant to Section 12-61-1-3, Conditional Uses, Vail Town Code, to allow for the construction of a Type III Employee Housing Unit, in association with The Willows redevelopment, located at 74 Willow Road/Lot 8, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0076) Applicant: The Willows Condominium Association, represented by Triumph Development, LLC Planner: Elisabeth Reed II • ' ' I Page 2 ' i • 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 October 27, 2006, in the Vail Daily. • • Page 3 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2006 SUBJECT: A request for final review of variances from Section 12-61-1-6, Setbacks, and Section12-61-1-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 5/Block5, Vail Village Filing 1 and setting forth details in regard thereto (PEC06- 0071). Applicant: Elliot and Margie Davidoff, represented by Michael Suman Architect Planner: Elisabeth Reed 1. SUMMARY ~ The applicant is requesting a variance from the required twenty foot (20') setback standards and the fifty five percent (55%) total allowable site coverage regulations of the High Density Multiple Family Districft in order to enclose an existing deck and add additional Gross Residential Floor Area (GRFA) on two levels of the building within the front (west) setback. ~ fourteen (214) square feet. Of that amount, approximately 133.5 square feet of GRFA • constructed at the second level of Unit 5 within the front setback, and13.5 square feet of GRFA constructed at the third level of Unit 5, also within the western (front) setback. The area necessitating the additional site coverage request is composed of 16.5 square feet and also lies within the western setback. Based upon the criteria and findings in Section VIII of this memorandum, staff is recommending approval, with conditions of the applicant's variance requests. II. DESCRIPTION OF REQUEST The applicant is requesting to add one hundred forty seven (147) square feet of Gross Residential Floor Area (GRFA) within the front setbacks the Tyrolean Condominiums Unit #5 and sixteen and one half (16.5) square feet of additional site coverage by means of one deck enclosure utilizing a portion of this unit's allowable "250 addition". One hundred thirty three (133) square feet will be located on the second story of the unit and thirteen and one half (13.5) square feet will be located at the third story of the same unit. The site coverage variance will occur at the same corner of the addition described, in the amount of 16.5 square feet. If granted, the setback variances requested would result in a front setback of sixteen (16') instead of twenty (20'). Additionally, the site coverage variance request would result in exceeding the amount of existing site coverage by 0.1 % of the existing (56.6%). ~ 1 *VAIL Tow~v The architecture of the Tyrolean lodge includes a number of decks which are covered by • overhangs which range in depth from four to eight feet. The overhangs create cavernous deck areas and the impression of more bulk and mass than actually exists. The applicant posits that the proposed enclosures will not substantially increase the apparent bulk and mass. A Vicinity Map, the architecYs request, and architectural plans and elevations have been attached for reference (Attachments A, B, and C). 111. BACKGROUND In 1968, the Blue Cow Restaurant was constructed on the southern portion of the subject property. In 1980, the Tyrolean Condominiums were constructed (within the south and east setbacks) and attached to the existing "Blue Cow" restaurant structure. On May 10, 2004, a variance was approved, to allow the floor area that was once the Tyrolean Restaurant to be converted into gross residential floor area (GRFA). On July 26, 2004, a setback variance was granted to the owners of Unit 9 to allow for construction of a minor exterior alteration. ' Additional setback and site coverage variances were granted to the owners of Units 6 and 7 on May 9, 2005 to allow for additional GRFA to be built within the setbacks and to allow for the addition of site coverage exceeding the maximum allowable for this zone district. IV. REVIEWING BOARD ROLES • ~ A. The Planning and Environmental Commission is responsibfe for evaluating a proposal for: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 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. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. B. The DRB has NO review authoritv on a variance, but must review any accompanying DRB application. C. Town Council Actions of Design Review Board or Planning and Environmental Commission may be ~ 2 ~ appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Pianning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. D. Staff The staff is responsible #or 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 memorandum 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 12, ZONING REGULATIONS ARTICLE H. HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT (excerpted) 12-6H-1: PURPOSE: The high density multiple-family district is intended to provide sites for multiple-family dwellings at densrties to a maximum of twenty five (25) dwelling units per acre, together • with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district. 12-6H-6: SETBACKS: The minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20), and the minrmum rear setback shall be twenfy feet (20). 12-6H-9: SITE COVERAGE: Site coverage shall not exceed fifty five percent (555/o) of the total site area. CHAPTER 17, VARIANCES (in part) 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such pracfical difficulties • and unnecessary physical hardships inconsistent with the objectives of this title as 3 ~ 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 litera/ compliance with a regulation shail not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits"; and by section 12-3-7, "Amendment" of this fitle. 12-17-6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and • structures in the vicinity. 2. The degree fo which relief from the strict or liferal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of freatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. 8. Necessary Findings: 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 nof be detrimental to fhe public health, safety, or welfare, or materially injurious to properties or improvemenfs in the vicinity. 3. That the variance is warranted for one or more of the following reasons: • 4 • a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone. c. The strict or literal interpretation and enforcemenf of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. VI. SITE ANALYSIS (requested deviations have been notated with bo/d font) Address: 400 East Meadow Drive, Unit #5 Legal Description: Block 5, Vail Village Filing 1 Zoning: High Density Multiple Family Land Use Plan Designation: High Density Residential Current Land Use: High Density Residential Development Site Size: 16,039 sq.ft. (0.368 acres) Hazards: None Development Standard Allowed/Reauired Existin Proposed Setbacks: Front: 20 ft. 16' no change Sides: 20 ft. 20' (North) 15' (North) • Rear: 20 ft. 18.5' (East) 14' (East) Height: 48' 48' no change GRFA: 12,190 sq. ft. 15,955 sq. ft. 16,169 sq. ft. Site Coverage: 55% (max.) 56.6% (9,078 sq. ft.) 56.7% (9,094 sq. ft.) (8,821 sq. ft.) Density: 9 DUs (max.) 9 DUs no change Landscape Area: 30% (min.) 43% (6,981 sq. ft.) 43.4% (6,964.5 sq. ft.) (4,812 sq. ft.) Parking: 19 spaces (min.) 23 spaces no change VII. SURROUNDING LAND USES AND ZONING Land Use Zonin North: CDOT ROW Not Applicable South: Open Space Natural Area Preservation (NAP) East: Residential High Density Multiple Family (HDMF) West: Transportation Center General Use (GU) • 5 I • 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 Reqardinq Variances: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff has determined the requested variances will not negatively affect the relationship befinreen the Tyrolean structure and surrounding structures because the apparent bulk and mass of the Tyrolean Lodge will remain the same. The enclosure will not further diminish space between potential uses or structures in the vicinity because the existing "screen" or "mask" walls, as depicted on the elevation drawings already create the appearance of structure located within the setbacks. The area of increased site coverage will not negatively affect surrounding uses as it lies adjacent to Vail Valley Drive. 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. Considering the variance requests previously approved by the Planning and Environmental Commission (PEC) for similar deck enclosures and setback variances requested within the Tyrolean Lodge, approval of such would not constitute a grant of special privilege, but will likely further the degree of architectural compatibility and uniformity of treatment of this site. 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 believes that littIe to no effect u on li9ht, air, distribution of PoPulation , P transportation and traffic facilities, public facilities and utilities, and public safety will occur should these variance requests be approved. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. The original placement upon the site of the Tyrolean Condominiums created circumstances and conditions to which ample attention should be paid by the Commission and which may not apply generally to other properties in the High Density Multiple Family zone district. . 6 ~ B. The Planninq and Environmental Commission shall make the foliowinq findinqs before qrantinq 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 The Community Development Department recommends approval, with conditions of the request for variances from Section 12-61-1-6, Setbacks, and Sectionl2-6H-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 5/Block5, Vail Village Filing 1 and setting forth details in regard thereto subject to the criteria outlined in Section VIII of this memorandum. Should the Planning and Environmental Commission choose to approve, with conditions, the requested setback variances, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the request for variances from Section 12-6H-6, Setbacks, and Section 12-6H-9, Site Coverage, Vail Town Code, pursuanf to Chapter 12-17, Variances, to allow for the enc/osure of a deck, located at 400 East Meadow Drive, Unit 5/Block5, Vail Village Filing 1 and setting forth details in regard thereto subject to the following condition: 1. The applicant shall adhere to the conditions of the attached letter of intent, dafed November 3, 2006, indicating the date of screening of the parking along the Frontage Road. • 7 I 2. This approval shall be contingent upon approval by the Design Review Board of • the associated design review request. "Based upon the review of the criteria outlined in Section Vlll of this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the granting of the variance will not constitute a granf of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granting of the variance will nof 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 ofher properties in the same district. X. ATTACHMENTS • A. Vicinity Map B. ApplicanYs Request C. Architectural plans and elevations D. Letter of Intent dated November 3, 2006 E. Pubiic Notice • 8 I~y~ t„R ~ ~ ~ ~ ^F' ~ ~ ~ i S x 'r ? ~ < ~ ( R~i*9 L ~ r ~ . r 7 t y n( 1 a " ~ }~r"` g'4 ~~t"W ~~~~~+5'.. : ~~r ~~.1' ~11y ~ ~+-•~]~F~jR~}F' t,~rr`~ ~ h~~~ ~ 1: . ~~`3ti ~ r ~J~ 4 1 h Mri.-go~s;n~.. a'~ • • W, ''!y$`eE-~ w t^ [ ~ d 4 I i g 1 i x* ~4t ~ v~. j4tX ~~~yi~i k rt1 ~.~C • ~ Y YP}" .4y.,y .f . ~+4'. ~4! Pil , ~ ~ irF y, y~? ,~,wr. a i.i . ~ ~ ~I! 4~'~ -'r°iwX ~lr ~ :,-~,•yv~r~: xy' `~i~~~,'~ ~i1~ ~ z t4 .9 ~ fr'~~ m 1 c i y~ • J F k'~ ~ 14 A~~p ~ ~ ~1 i~.t ~ . i., ::?a- ~ ~,r ti r;a~• ~ ~ . ~ i ~ ~'a h}. ~ ~ w~$.. , 7f . ~ • ~ . 1 + ~ ~ '^z-t~r... ° ~ ; ;zr ur~ ° ~ .~At', q ~ ~x' r . ~ ~ - ~ xA j? 4a~` r..` .6M~, ; 5 , •'r~+ , e . v~~'~ : 9 ~ g t; cr $ i ,y^~ ~ f l~s~ S e'~ " • y i r_Ea~ ,t 1~ : . , 1~'~. i 7Z;Q f ~fi «!~`7~, . ~ . { ~ ~~z k "~~7 k''~Y'l+r~d'i , k~... . ~t.•p ~~'~"..'3 ~Q M00b,w ip • • ~ ~ 1 i < ' ur~ ~ ~ ' ~ '~~~f ~~r~ ~ ; • 4 V ji 11 • ; r ' ~~i ~ ` p ~r~ d; ~r~4~ M" ~ 4 ~f~ . ,1,', • 1 r~ ' s•! ~ , ~ h f aJ ~z+ t` s s~, h , rr~ ~ • S ~ '~'~k` ~ t .h ~ ~~~i t~ iJ."! l ~ r ~ D . ~ ~,a~~~~ ~4• '"~,a~`~~~' ~ ~y~ ~ 'O M ^Ex1 7 ' . . ~ 4i ' ~Ab l ~ ~ 1 U P~ ~ ~E A' ~ . ~r .r,~i, ~ 1~ a,~~a . . ~kZu .,~y ~ '•ti~ ~7`~is~ 1 " ,y ~ . . ~44+ ~ e a m ~ rP ~ _qg~r i .i Attachment B , SUMAN A R C H I T E C T ~ October 15, 2006 Tyrolean Condominiumnit 5 Tyrolean Condominiums, Lot 5D Vaii Village lst Filing Variance Application for Site Coverage 1. Description of Varipnce Requested The Tyrolean Unit 5 owners are currently in the Town of Vail process for deck enclosures that require setback variances along with Unit 3 and 8 owners. They wish to take advantage of the 250 ordinance available to them instead of moving down valiey, The deck enclosure for Unit 5 includes a small area that constitutes 16.5 square feet of additional site coverage, During similar variance requests by Unit 6 and 7 in May of 2005, the staff recommended a study be done to incorporate all other foreseeabie future site coverage needs for the entire property, All practical areas for 250 square foot expansions were identified for each of the 9 Tyrolean units, Of all the available and practical expansion areas, two small areas necessitated additional site coverage. One area was 20.8 square feet that pertained to 3 units at the northeast corner of the building, The other was 16.5 square feet that perfained to Unit 5 in the southwest corner of the building, Both areas were appiied for at that time fio accommodate all future modifications within the entire property. The planning staff's memo dated May 9, 2005 outlines the request and intentionally leff the 16.5 • square feet of additional site coverage for Unit 5 out as an anticipated request in the future, However, the 20.8 sq, ft, of additional site coverage for Units 1, 3 and b were granted on 5/9/05. The variance being requested will allow approximately 37.3 square feet of additional site coverage to be odded to the site to ensure all units can be treated equally in this property. 2. Analysis of Proposal The property was zoned HDMF in 1969 and the condominiums were constructed in 1980. Upon completion, the building was non-conforming with respect to not only site coverage, but setbacks and exterior lighting as well, This pre-existing nonconforming conditian through no fault of the applicant(s) is a hardship based on the strict and literal interpretation of the code, On Ju{y 26, 2004 a variance was granted to Unit 9 which in part, reduced the property site coverage 48.9 sq. ft. The proposed pian a{ong with the 20.8 sq, ff, of the approved Unit 6 site coverage variance increases the site coverage 37,3 sq. ff. for a net decrease of 11.6 sq. ft. on the property over the past several years, The proposal also reduces the exterior lighting fixture non- conformance by 2 fixtures to offset the impact. This combined with proposed efforts at Unit 3, 6, 7, 8 and 9, total a decrease of 19 exterior lighting fixtures, Part of the proposed plan is an fire alarm and sprinkler system that increases the protection for health and safety within this building. The applicant has worked closely with the buiiding and fire departments on a design that wi11 bring Units 3, 5 and 8 into code compiiance. ~ michael @ sumanarchitect.com 143 East Meadow Drive 970.479J502 ' Suite 300 f 970.479.7511 Vail, CO 81657 m 970.471.6122 SUMAN A R C H I T E C T • In addition to bringing the property closer into code compliance, the applicant is proposing enhancements to the architecture of the building that will unify the overall property while maintaining its original charm. The existing design of the building uses a wood "mask" wall system to hide the decks within. This "mask" is generally cantilevered 5'-0" off of stucco walls that enclose the units. The major reading of the bulk and mass is defined by the "mask" with the stucco walls being secondary. The proposed deck enclosures move the existing exterior walls of the units out an average of 4'-8 1/2", They maintain the reading of the "mask" and do not encroach into the west, east or north setback any more than the "mask" wall system does today. Therefore, the proposed deck enclosures will impact the perception of the overall bulk and mass of the building very little. The adjacent properties on the east and north are a parking lot and frontage road respectively, The building addition occurs within the existing bulk and mass and is in a location on the site that has little impact on development standards and neighboring properties. 3. Approval Criteria a) The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The proposed variance will aliow the property to satisfy the future site coverage needs of all its units. The proposed site coverage area is not only smalf, but is in a location on the site with little impact to development standards and neighboring properties and structures, The proposed site coverage area will allow Unit 5 to be treated equally with other units with • similar variances granted. b) The degree to which relief from the strict or literal interpretafiion and enforcement of a specified regulafiion 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 requested variance for Unit 5 is a part of a larger proposal with Unit 3 and 8 that is similar to variances granted in this property. The proposed variances will allow these units to be treated similarly to other units in this property as well as other properties in the vicinity such as; Tyrolean Unit 6, 7 and 9; Vail Mountain Lodge; Apollo Park; the Town Parking Structure; and the Cornice buiiding, The proposed variance is not a grant of speciai privilege given the existing non- conformance of the site and the hardship it causes through no fault of the applicant(s). Significant measures are proposed to offset any impact of the proposal and to bring the property closer to compliance with the underlying zoning and building codes, ~ c) The effect of the requested variance on Iight and air, distribution of population, transporfation and traffic facilities, public facilities and utilities, and public safety. The proposed variance will have no negative impacts to these issues. i • michael C'sumanarchitectcom 143 East Meadow Drive 970.479.7502 Suite 300 f 970.479.7511 Vail, CO 81657 ni 970.471.6122 SUMAN A R C H I T E C T • October 15, 2006 Tyrolean Unit 3, 5 and 8 Additions Tyro(ean Condominiums, Lot 5D Vail Village ls' Filing Variance Application for Side Setback RE; Section 12-61-1-6, Setbacks, Vail Town Code 1. Description of Variance Requested The Tyrolean Unit 3, 5 and 8 owners are working together to enclose areas of their existing decks. They are entitled to an addifiiona( 250 sq. ff, per the 250 ordinance which is still available tor each unit. Given the existing plan constraints, the decks are the only practical areas for addition. The variance being requested will allow a total of 423 sq. ft, of GRFA to be constructed within the west, east and north setbacks, Below is a detailed breakdown of the GRFA pertaining to each unit; ' Unit 3 East Setback North Setback West Setback 7otal Main Level 114.4 sa ff 82.6 sa ff 0 sq ff Total 114.4 sq, ff, 82.6 sq, ff, 0' 197.0 sq. ft. Unit 5 East Setback North Setback West Setback Totai Main Level 0 sq, ft. 0 sq. ff. 133.5 sq. ff, I Upper Levef 0 sq. ff 0 sa ft 13.5 sa tt • Total Q sq. ft. 0 sq, ft. 147.0 sq, ft. 147.0 sq. ft. Unit 8 East Setback North Setback West Setback Total Main Level 0 sa ft 0 sa ff 78 5 sa ft Totai 0 sa• ff• 0 sq, ft. 79.0 sq, ff, 79.0 sq. ft. Total Proposed GRFA in Setbqcks 423.0 sq. ft. The property was zoned HDMF in 1969 and the condominiums were constructed in 1980. Because the building was originally constructed in the setbacks, the property was rendered "non-conforming" upon the buildings completion. This pre-existing nonconforming condition through no fault of the applicant(s) is a hardship based on the strict and literal interpretation of the code, 2. Analysis of Proposal The existing design of the building uses a wood "mask" wall system to hide the decks within, This "mask" is generaily cantilevered 5'-0" off of stucco wa((s fihat encfose the units. The major reading of the bulk and mass is defined by the "mask" with the stucco waHs being secondary. The proposed deck enc(osures move the existing exterior walls of the un'rts out an average of 4'-8112 They mointain the reading of the "mask" and do not encroach into the east or north setback any more than the "mask" wall system does today. Therefore, the proposed deck enclosures will impact the perception of the overall bulk and mass of the building very little. The adjacent properties on the east and north are a parking lot and frontage road respectively, The building addition occurs within the existing bulk and mass and is in a location on the site that has no impact on development standards and neighboring properties. ~ mic)Iael @sumanarchitect.com 143 East Meadow Drive- 970.479.7502 Suite 300 f 970.479.7511 Vail, CO 81657 m 970.471.6122 SUMAN • A R C H I T E C T The deck enclosures wiil be constructed concurrently with a renovation of the entire building, See drawing A3,5 for the proposed improvements of the entire complex. The overall building improvements wili be reviewed by the DRB at the same time as the proposed unit modifications. 3. Approval Criteria Based on practica{ difficuities, the requested variance wiil allow Units,3, 5 and S to take advantage of the 250 ordinance which they are entitled to 1t:is similar'to variances granteci in 2005 to Units 6 and 7,:" The proposed variance is not a grant of special privilege given the nonconforming location of the existing building and the need to create uniformity.of treatment within this property. 4. Effect on light and air, distribution of population, transportation and traffic facilities, etc. The proposed variance will have no negative impacts on these items. • michael C,sumanarchitect.com 143 East Meadow Drive 970.479.7502 Suite 300 f 970.479.7511 Vail, CO 81657 m 970.471.6122 Attachment C ....,N,..: I oavwlwotii.. I=i. 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VWns.. ~ 8 C~ N a~ 11 ~ ~ . ~ I I~ I I ~ I ~ I ~ ~ , a' I I 11, ~ II I I I I' ~ I I ~ ~ I I f~: I :j L` ~ I•' I~~ I G?II I I I I I I I I m , ~ ~ =I =I Y E~" ooooao i ~I i1 ~ I ~ I 00 NV3-~ . _ - ~ ~ I YW _ J~~ ~ ~ ~ y 9~ Sd , y~ ~~s - a? . e I r- ' I ' n£ S'tt,. q , c- ~ ~ ,~~'~l ? ~ ~ ~ ' 1 ~'~7Y~~ ~ . ~ ~Qg~ • ~ ~ ~ ' ~'i ~ ~ S M t '-l ~ ~ ~~z589Sg ' MIM4 § ~ 4 . i ..5 i•~3~O~:Yl a1~ ~ p 5 5~*~S"9o 1 ~ C r 6; CA ~ ~ 04oGq i mk WS~i 1~ ~ - ~ ~17, I z ~ ~ t ~;a} ~ ,.II r- ~ 5 Z : 0 1 O I ~ Z ' Attachment D . . ME-M-ORANDUM To: Elisabeth Reed, Town of Vail Planning Department II From: Kevin Deighan I Date: November 3, 2006 I Re: Tyrolean Landscape Agreement CC: Michael Suman Dear Elisabeth, It has come to our attention that our contractor inadvertently failed to plant the shrubs around the easement in front of the Tyrolean building as part of our overall work. In consulting our landscape engineer and landscape contractor, any plant material planted at this time, will not survive the year. We anticipate the costs for this work will be less than $1,000 given the size of the material required in our approvals. It is our intention to plant this material in the spring. • In the meantime, please free to contact us should you have any questions regarding these materials. Thank you in advance for your consideration. Kevin Deighan Timberline Commercial Real Estate 12 Vail Road, Suite 600 Vail, CO 81657 970-476-3436 970-390-5213 970-476-1986 (fax) Deighanone Aaol.com is . ~ , Attachment E • ~ YOU ~ THIS ITEM MA UBL C NOTICER PROPERTY NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail wil( hold a public hearing in accordance with section 12-3-6, Vail Town Code, on November 13, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a worksession to discuss a conditional use permit, pursuant to Section 12- 7A-3, Conditional Uses, Vaii Town Code, to allow for a business office (real estate), located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PEC06-0066) Applicant: Vail Dover Associates, LLC, represented by Mauriello Planning Group Planner: Warren Campbell A request for a final review of a conditional use permit, pursuant to section 12-76-5, Permitted and Conditional Uses, Above Second Floor, Vail Town Code, to allow for the operation of a"quasi-public" club, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0067) Applicant: Remonov & Company, Inc. Planner: Warren Campbell • A request for a worksession to discuss a conditional use permit, pursuant to Section 12- 9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC06-0068) Applicant: Town of Vail, on behalf of All Mountain Sports, LLC Planner: Bill Gibson A request for a final review of a variance, from Section 12-6D-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-7, Variances, Vail Town Code, to allow for a residential addition located at 2339 Chamonix Lane/Lot 11, Block A, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC06-0069) Applicant: Robert Stephanoff, represented by Jack Snow, RKD Architects Planner: Bill Gibson A request for a final review of a variance, from Section 12-61-1-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 3/Block 5, Vail Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0070) Applicant: Lewis and Patricia Lewis, represented by Michael Suman Architect Planner: Elisabeth Reed A request for final review of variances from Section 12-6H-6, Setbacks, and Section 12- Ur.~ ~ 6H-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow rrr for the enclosure of a deck, located at 400 East Meadow Drive, Unit 5,/Block 5, Vail to,lo ~ Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0071) ~ Applicant: Elliot and Margie Davidoff, represented by Michael Suman Architect Planner: Elisabeth Reed Page 1 ~ A request for a final review of a variance, from Section 12-61-1-6, Setbacks, Vail Town • Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 8/131ock 5, Vail Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0072) Applicant: Sue Thurow, represented by Michael Suman Architect Planner: Elisabeth Reed A request for a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Landmark Condominiums; and a request for a final review of variances from Sections 12-71-1-10, Setbacks, 12-7H-14, Site Coverage, and 12-71-1-15, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an underground parking structure and a staircase within the setbacks and deviations from the maximum site coverage and minimum landscape area requirements, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0074) Applicant: Landmark condominium Association, Inc., represented by Geoff Wright Planner: Bill Gibson A request for final review of an appeal of an administrative action, pursuant to Section I 12-3-3, Appeals, Vail Town Code, appealing a staff determination that Chapter 7, Development Standards, Lionshead Redevelopment Master Plan, does not supersede ~I the setback requirements prescribed by Section 12-71-1-14, Setbacks, Vail Town Code, located at 610 West Lionshead Circle/Lot 1,,Block 1, Vail Lionshead Filing 3, and setting • ,I forth details in regard thereto. Applicant: Landmark condominium Association, Inc., represented by Geoff Wright Planner: Bill Gibson Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SDD No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved building Plans for the Vail Cascade Residences (Cascade movie theaters and Colorado Mountain College), located at 1310 Westhaven Drive/Cascade Viilage, and setting forth details in regard thereto. (PEC06-0075) Applicant: Vail Cascade Residences, LLC, represented by Mauriello Planning Group Planner: Warren Campbelf A request for a final review of a conditional use permit, pursuant to Section 12-61-1-3, Conditional Uses, Vail Town Code, to allow for the construction of a Type III Employee Housing Unit, in association with The Willows redevelopment, located at 74 Willow Road/Lot 8, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0076) Applicant: The Willows Condominium Association, represented by Triumph Development, LLC Planner: Elisabeth Reed . ~ Page 2 e • 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 pubiic 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 October 27, 2006, in the Vail Daily. • • Page 3 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2006 SUBJECT: A request for a final review of a variance, from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck located at 400 East Meadow Drive, Unit8/Block 5, Vail Village Filing 1, and setting forth details in regard thereto (PEC06-0072). Applicant: Sue Thurow, represented by Michael Suman Architect Planner: Elisabeth Reed 1. SUMMARY The applicant is requesting a variance from the required twenty foot (20') setback regulations of the High Density Multiple Family District in order to enclose an existing deck to add additional Gross Residential Floor Area (GRFA) within the front (west) setback. As proposed, the enclosure would result in approximately 79 square feet of GRFA constructed at Unit 8 within the front setback. The applicant is proposing to add a total of one hundred ~ eight one (181) additional square feet to the Unit. Based upon the criteria and findings in Section VIII of this memorandum, staff is recommending approval, with conditions, of the applicanYs variance requests. II. DESCRIPTION OF REQUEST The applicant is requesting to add one hundred eighty one (181) square feet of Gross Residential Floor Area (GRFA) to Unit 8 of the Tyrolean Condominiums by utilizing a portion of this unit's allowable "250 addition". A partial amount of the new square footage (79 sq. ft.) is to be located within the western (front) setback on the main level of unit 8, which is located at the third story of the building. If granted, the requested setback variance would result in a front setback of sixteen (16') instead of twenty feet (20'). The architecture of the Tyrolean lodge includes a number of decks which are covered by overhangs which range in depth from four to eight feet. The overhangs create cavernous deck areas and the impression of more bulk and mass than actually exists. The applicant posits that the proposed enclosures will not substantially increase the apparent bulk and mass. A Vicinity Map, the architect's request, and architectural plans and elevations have been attached for reference (Attachments A, B, and C). III. BACKGROUND In 1968, the Blue Cow Restaurant was constructed on the southern portion of the subject property. In 1980, the Tyrolean Condominiums were constructed (within the south and • east setbacks) and attached to the existing "Blue Cow" restaurant structure. 1 41L TOWN On May 10, 2004, a variance was approved, to allow the floor area that was once the • Tyrolean Restaurant to be converted into gross residential floor area (GRFA). On Jufy 26, 2004, a setback variance was granted to the owners of Unit 9 to allow for construction of a minor exterior alteration. i Additional setback and site coverage variances were granted to the owners of Units 6 ' and 7 on May 9, 2005 to allow for new GRFA within the setbacks and to allow for the I addition of site coverage exceeding the allowable within the HDMF district. I IV. REVIEWING BOARD ROLES A. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this Title without grant of special privilege. 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. 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. B. The DRB has NO review authoritv on a variance, but must review any accompanying DRB application. C. 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. D. 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 memorandum 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. ~ 2 Staff also facilitates the review process. • V. APPLICABLE PLANNING DOCUMENTS TITLE 12, ZONING REGULATIONS ARTICLE H. H1GH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT (excerpted) 12-6H-1: PURPOSE: The high density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (25) dwelling unifs per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same district. The high densify multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the districf by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to fhe nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the district. 12-6H-6: SETBACKS: The minimum front setback shall be twenty feet (20), the minimum side setback shall be • twenty feet (209, and the minimum rear setback shall be twenty feet (20). 12-6H-9: SITE COVERAGE: Sife coverage shall not exceed fifty five percent (55%) of the total site area. CHAPTER 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 applicanf of strict or literal compliance with a regulation shall not be a reason for granting a variance. 8. Developmenf Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usab/e open space, landscaping and site development, and ~ 3 parking and loading requirements; or with respect fo the provisions of chapter 11 of this tifle, governing physical development on a site. • C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each district because the flexibility necessary fo avoid results inconsistenf with the objectives of this title is provided by chapter 16, "Conditional Use Permits"; and by section 12-3-7. "Amendment" of this title. 12-17-6: CRITERIA AND F/ND/NGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following facfors with respect fo the requested variance: 9. The relationship of the requested variance to other existing or potential uses and sfructures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 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. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. • 8. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 9. 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 rantin of the variance will not be detrimental to the ublic health safe 9 9' P , ty, 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 or literal interpretation and enforcement of the specified regulation would ' result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. VI. SITE ANALYSIS (requested deviations have been notated with bo/d font) ~ 4 • Address: 400 East Meadow Drive, Unit #8 Legal Description: Block 5, Vail Village Filing 1 Zoning: High Density Multiple Family Land Use Plan Designation: High Density Residential Current Land Use: High Density Residential Development Site Size: 16,039 sq.ft. (0.368 acres) Hazards: None Develoqment Standard Allowed/Required Existin Proposed Setbacks: Front: 20 ft. 16' no change Sides: 20 ft. 20' (North) 15' (North) Rear: 20 ft. 18.5' (East) 14' (East) Height: 48' 48' no change GRFA: 12,190 sq. ft. 16,169 sq. ft. 16,350 sq. ft. Site Coverage: 55% (max.) 56.7% (9,094 sq. ft.) no change (8,821sq. ft.) Density: 9 DUs (max.) 9 DUs no change Landscape Area: 30% (min.) 43.4% (6,964.5 sq. ft.) no change (4,812 sq. ft.) • Parking: 19 spaces (min.) 23 spaces no change VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: CDOT ROW Not Applicable South: Open Space Natural Area Preservation (NAP) East: Residential High Density Multiple Family (HDMF) West: Transportation Center General Use (GU) 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 Reqardinq Variances: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. • 5 Staff has determined the requested variance will not negatively affect the • relationship befinreen the Tyrolean structure and surrounding structures because the apparent bulk and mass of the Tyrolean Lodge will remain the same. The enclosure will not further diminish space between potential uses or structures in the vicinity because the existing "screen" or "mask" walls, as depicted on the elevation drawings already create the appearance of structure located within the setbacks. The area of increased site coverage will not negatively affect surrounding uses as it lies adjacent to Vail Valley . Drive. 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. Considering the variance requests previously approved by the Planning and Environmental Commission (PEC) for similar deck enclosures and setback variances requested within the Tyrolean Lodge, approval of such would not constitute a grant of special privilege, but will likely further the degree of architectural compatibility and uniformity of treatment of this site. 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 believes that little to no effect upon light, air, distribution of population, • transportation and traffic facilities, public facilities and utilities, and public ~ safety will occur should these variance requests be approved. I 4. Such otherfactors and criteria as the commission deems applicable to the proposed variance. The original placement upon the site of the Tyrolean Condominiums created circumstances and conditions to which ample attention should be paid by the Commission and which may not apply generally to other properties in the High Density Multiple Family zone district. B. The Planninq and Environmental Commission shall make the followinq findinqs before qrantina 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. • 6 i 3. That the variance is warranted for one or more of the foliowing 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 appficant of privileges enjoyed by the owners of other properties in the same district. IX. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of a variance from Section 12-61-1-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck located at 400 East Meadow Drive, Unit8/131ock 5, Vail Village Filing 1, subject to the criteria outlined in Section VIII of this memorandum. Should the Planning and Environmental Commission choose to approve, with conditions, the requested setback variances, the Department of Community Development recommends the Commission pass the following motion: • "The Planning and Environmental Commission approves, with condifions, the request for a variance from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 92-17, Variances, to allow for the enclosure of a deck located at 400 East Meadow Drive, Unit8/Block 5, Vail Village Filing 1, subject to the following condition: 1. The applicant shall adhere to the conditions of the atfached letterofintent, dated November 3, 2006, indicating the date of screening of the parking along fhe Fronfage Road. 2. This approval shall be confingent upon approval by the Design Review Board of the associated desrgn review request. "Based upon the review of the criteria outlined in Section Vlll of this memorandum, and the evidence and festimony presented, the Planning and Environmental Commission finds: 1. That the granting of the variance will not constifute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 2. That the granfing 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: • 7 i-- a. The strict liferal interpretation or enforcement of the specified regulation . would result in practical difficulty or unnecessary physical hardship inconsisfent 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 privrleges enjoyed by the owners of other properties in the same district. X. ATTACHMENTS A. Vicinity Map B. ApplicanYs Request C. Architectural plans and elevations D. Letter of intent dated November 3, 2006 E. Public Notice • ~ 8 S i ]y a . a7~v. 1 ,t ~t n _Zw F c ~ K P ~ r' qux~ W" F ~ J Z7 it~ 7 4yw``a~ YF(U' ~ r~ « , t l. ~'j~''~ n~ c :i e lw , (Je ~ c ~"-F rc . `Y'~`^ r~ 6. +~s l ~ , Il . a 7~ ~ t• 6 ~e•~~ y ~ t ~ iaav;s ~ t''. qt{.! 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SUMAN A R C H 1 T E C T • October 15, 2006 Tyrolean Unit 3, 5 and 8 Additions Tyrolean Condominiums, Lot 5D Vail Village 1 St Filing Variance Application for Side Setback RE; Section 12-61-1-6, Setbacks, Vail Town Code 1. Description of Variance Requested The Tyrolean Unit 3, 5 and 8 owners are working together to enclose areas of their existing decks. They are entitled to an additional 250 sc{, ff. per the 250 ordinance which is still available for each unit, Given the existing plan constraints, the decks are the only practical areas for addition. The variance being requested will allow a total of 423 sq. ff. of GRFA to be constructed within the west, east and north setbacks, Below is a detailed breakdown of the GRFA pertaining to each unit; Unit 3 East Setback North Setback West Setback Total Main Level 114.4 sq ff 82.6 sq ff 0 sq ff Total 114.4 sq, ff, 82.6 sq, ff. 0 197.0 sq. ft. Unit 5 East Setback North Setback West Setback Total Main Levei 0 sq, ff, 0 sq, ff. 133.5 sq, ff. Upper Level 0 sa, ff., 0 sa ft. 13,5 sa ff ~ Total 0 sq, ff, 0 sq. ff. 147,0 sq, ff. 147.0 sq. ft. Unit 8 East Setback North Setback West Setback Total Main Level 0 sq. ff 0 sa ft 78.5 sa ff Totai 0 sq• ff, 0 sq. ff, 79.0 sq. ff, 79.0 sq. ff. ' Total Proposed GRFA in Setbacks 423.0 sq, ft. II The property was zoned HDMF in 1969 and the condominiums were constructed in 1980. Because the building was originally constructed in the setbacks, the property was rendered "non-conforming" upon the buildings completion. This pre-existing nonconforming condition through no fault of the applicant(s) is a hardship based on the strict and literal interpretation of the code. 2. Analysis of Proposal The existing design of the building uses a wood "mask" wali system to hide the decks within, This "mask" is generaliy cantilevered 5'-0" off of stucco walls that enclose the units. The major reading of the bulk and mass is defined by the "mask" with the stucco walls being secondary, The proposed deck enclosures move the existing exterior walls of the units out an average of 4'-81/2". They maintain the reading of the "mask" and do not encroach into the east or north setback any more than the "mqsk" wall system does today. Therefore, the proposed deck enclosures will impact the perception of the overall bulk and mass of the building very little. The adjacent properties on the east and north are a parking lot and frontage road respectively. The building addition occurs within the existing bulk and mass and is in a location on the site that has no impact on development standards and neighboring properties, • michael Cl sumanarchitect.com 143 East Meadow Drive 970.479J502 Suite 300 f 970.479.7511 Vail, CO 81657 m 970.471.6122 SUMAN A R C H I T E C T • The deck enclosures will be constructed concurrently with a renovation of the entire building. See drawing A3,5 for the proposed improvements of the entire compiex. The overall building improvements will be reviewed by the DRB at the same time as the proposed unit modifications. 3. Approval Criteria Based on practical difficulties, the requested variance wilf a11ow Units 3, 5 and 8 to take advantage of the 250 ordinance which they are entitled to, lt is similar to`variances granted in 2005 to Units 6 and 7. The proposed variance is nota grant of special privilege given the noncanforming location of the existing building and the need to create uniformity of treatment within this property, 4. Effect on light and air, distribution of population, transportation and traffic facilities, etc. The proposed variance will have no negative impacts on these items. 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Nvwns - - - - - - - _ p¦ ~3 ~ ~ ~ _ F.. i~a6~ I R ~ ` q ~~a I ~ E y~ 3 ~ - Y ~ ~ II ' f] , . . , O e i o~65Y ~ ~ tl P I OR 391 ~ • ' I . ~ ~ agQ W ; ~ ~ N $tlo: ~ 3 ~x er~ ~ ~ I t r ry~ ~ . x j ~ 3~ - 3 ~ ~ ~ III ~~CW~~6 9 s ofi EB ~ - ~ R.@; - oES°o%~'t ~ \ II 6as~3~' T ~~g"~g~~ 9 • W ~ P LU ~ Z , a to Attachment D M~;MORANDUM To: Elisabeth Reed, Town of Vail Planning Department From: Kevin Deighan Date: November 3, 2006 Re: Tyrolean Landscape Agreement CC: Michael Suman Dear Elisabeth, • It has come to our attention that our contractor inadvertently failed to plant the shrubs around the easement in front of the Tyrolean building as part of our overall work. In consulting our landscape engineer and landscape contractor, any plant material planted at this time, will not survive the year. We anticipate the costs for this work will be less than $1,000 given the size of the material required in our approvals. It is our intention to plant this material in the spring. • In the meantime, please free to contact us should you have any questions regarding these materials. Thank you in advance for your consideration. Kevin Deighan Timberline Commercial Real Estate 12 Vail Road, Suite 600 Vail, CO 81657 970-476-3436 970-390-5213 970-476-1986 (fax) Deiehanone(~aol.com • Attachment E ~ ~ THIS ITEM MA UBL 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 November 13, 2006, at 1:00 pm in the Town of Vaii Municipal Building, in consideration of: A request for a worksession to discuss a conditional use permit, pursuant to Section 12- 7A-3, Conditional Uses, Vail Town Code, to allow for a business office (real estate), located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PEC06-0066) Applicant: Vail Dover Associates, LLC, represented by Mauriello Planning Group Planner: Warren Campbell A request for a final review of a conditional use permit, pursuant to section 12-76-5, Permitted and Conditional Uses, Above Second Floor, Vail Town Code, to allow for the operation of a"quasi-public" club, located at 333 Hanson Ranch Road/Lot C, Block 2, ~ Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0067) Applicant: Remonov & Company, Inc. Planner: Warren Campbell • A request for a worksession to discuss a conditional use permit, pursuant to Section 12- 9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC06-0068) Applicant: Town of Vail, on behalf of All Mountain Sports, LLC Planner: Bill Gibson A request for a final review of a variance, from Section 12-6D-9, Site Coverage, Vail Town Gode, pursuant to Chapter 12-7, Variances, Vail Town Code, to allow for a residential addition located at 2389 Chamonix Lane/Lot 11, Block A, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC06-0069) Applicant: Robert Stephanoff, represented by Jack Snow, RKD Architects Planner: Bill Gibson A request for a final review of a variance, from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 3/Block 5, Vail Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0070) Applicant: Lewis and Patricia Lewis, represented by Michael Suman Architect Planner: Elisabeth Reed A request for final review of variances from Section 12-6H-6, Setbacks, and Section 12- 6H-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 5,/Block 5, Vail • Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0071) Applicant: Elliot and Margie Davidoff, represented by Michael Suman Architect Planner: Elisabeth Reed Page 1 , A request for a final review of a variance, from Section 12-61--6, Setbacks, Vail Town (rc`1'64 Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, I'D 6U located at 400 East Meadow Drive, Unit 8/131ock 5, Vail Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0072) Applicant: Sue Thurow, represented by Michael Suman Architect Planner: Elisabeth Reed A request for a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Landmark Condominiums; and a request for a final review of variances from Sections 12-71-1-10, Setbacks, 12-71-1-14, Site Coverage, and 12-71-1-15, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an underground parking structure and a staircase within the setbacks and deviations from the maximum site coverage and minimum landscape area requirements, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0074) Applicant: Landmark condominium Association, Inc., represented by Geoff Wright 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 Chapter 7, Development Standards, Lionshead Redevelopment Master Plan, does not supersede the setback requirements prescribed by Section 12-71-1-14, Setbacks, Vail Town Code, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting . forth details in regard thereto. Applicant: Landmark condominium Association, Inc., represented by Geoff Wright Planner: Bill Gibson Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SDD No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved building Plans for the Vail Cascade Residences (Cascade movie theaters and Colorado Mountain College), located at 1310 Westhaven Drive/Gascade Village, and setting forth details in regard thereto. (PEC06-0075) Applicant: Vail Cascade Residences, LLC, represented by Mauriello Pfanning Group Planner: Warren Campbell A request for a final review of a conditional use permit, pursuant to Section 12-61-1-3, Conditional Uses, Vail Town Code, to allow for the construction of a Type III Employee Housing Unit, in association with The Willows redevelopment, located at 74 Willow Road/Lot 8, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0076) Applicant: The Willows Condominium Association, represented by Triumph Development, LLC Planner: Elisabeth Reed . Page 2 , 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 October 27, 2006, in the Vail Daily. • • Page 3 ~ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2006 SUBJECT: A request for a final review of a conditional use permit, pursuant to section 12-76-5, Permitted and Conditional Uses, Above Second Floor, Vail Town Code, to allow for the operation of a"quasi-public" cocktail lounge and bar club, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0067) Applicant: Remonov and Company, represented by Rick Mueller Planner: Warren Campbell 1. SUMMARY The applicant, Remonov and Company, represented by Rick Mueller, is requesting final review of a conditional use permit, pursuant to section 12-76-5, Permitted and Conditional Uses, Above Second Floor, Vail Town Code, to allow for the operation of a"quasi-public" cocktail lounge and bar club, located at 333 Hanson Ranch Road (Vista Bahn Building)/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. ~ Based upon Staff's review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval of this request subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is proposing to convert the Sanctuary night club, located in the Vista Bahn Building, to a members-only cocktail lounge and bar. In addition to providing limited food and drink service, the members-only cocktail lounge and barwill offer as an ancillary use, ski storage, on the third floor of the Vista Bahn Building to its members. Use of the proposed "quasi-public" cocktail lounge and bar club will be offered first to property owners within Cordillera and non-resident members of the Club at Cordillera, and will be offered to the general public on a space available basis. The ultimate goal of the Cordillera Property Owners Association is to provide a location within the Town of Vail for its membership to congregate and store ski equipment in Vail so that they might choose to,come to Vail more regularly and remain in Vail after spending the day on the mountain. The third floor space is approximately 2,979 square feet in size. Of the 2,979 square feet, approximately 893 square feet or 30% of the total floor area square footage will be used to store skis and related equipment in individual lockers during the winter months. A total of 273 ski lockers will be provided in the 893 square feet of area. Of the 273 ski lockers 150 will be offered to Cordilera property owners and non-resident members of the Club at Cordillera, 96 will be used by guests staying at the Lodge and Spa of Cordillera, and the remaining 27 will be available for use by guests of inembers of the cocktail lounge and bar. • Several of the lockers will be moveable and during the off seasons and summer months the amount of area devoted to ski equipment storage will be reduced by approximately one-half. 1 In addition, the space will contain a bar and lounge facilities including sofas, televisions, computers with internet connections, and rooms which can be closed to hold private • meetings. Attached to this memorandum are letters from Rick Mueller, dated October 17, 2006, and the Cordillera Property Owners Association, dated October 20, 2006, which explain in greater detail the proposed activities for the space and membership admittance (Attachment A). Also, attached for reference is a reduced copy of the proposed winter floor plan for the I third floor space (Attachment B). III. BACKGROUND On September 26, 1989, the Planning and Environmental Commission (PEC) unanimously approved a request to amend the Commercial Core I zone district to include commercial ski storage as a permitted use in the "basement" or "garden levels" of a structure. This approval became effective with the passage of Ordinance 26, Series of 1989. On October 9, 1995, a work session was held with the PEC to discuss a Conditional Use Permit request. At that time, the applicant had intended to have the club be a"private" club. The PEC was not receptive to the idea of a private club in the Village and the negative precedent that may set and directed the applicant to explore other options. In response to that direction, the applicant amended the intended operations of the club so that the club would now be open to the public. The applicant indicated that the public would be able to avail themselves of a number of options related to club services. For example, the public could rent ski lockers in the club (located in the basement)on a seasonal basis, pay a daily, ~ weekly or monthly access fee to use all, or a portion of, the club amenities, or pay a full membership fee and accompanying annual dues. The applicant had also pointed out that the liquor license associated with this club will be the same as those granted to public . restaurants and will nat be a private liquor license. On November 27, 1995, a conditional use permit was approved by the PEC to operate a "quasi-public" ski club on the third and fourth floors of the Vista Bahn Building. All ski storage for the club occurred in the basement. It was determined that a private ski club was similar in use to an eating and drinking establishment which is a conditional use within CC1 , on the second floor and above. On March 15, 2001, a letter was written by staff confirming that a new conditional use permit was not need for the conversion of the "quasi-public club" to a bar/night club. It was determined that the existing conditional use permit was applicable as the proposed new use was of the same type. In July of 2005 the applicant was approved to convert the fourth floor of the building to a dwelling unit from the existing night club. This was approved by staff as it is a permitted use within the CC1 zone district and the application met all zoning requirements. On December 12, 2005, the Planning and Environmental Commission approved a conditional use permit for the third floor of the Vista Bahn building to allow a professional (real estate) office. The construction of this office began and was later stopped as the tenant no longer wanted to proceed forward. On September 25, 2006, an application was submitted by the owners of the Vista Bahn • 2 • Building to establish a ski club with ski storage on the third floor of the structure. The Commercial Core I zone district does not list a ski club with ski storage as a permitted or conditional use on any floor of a structure within the district. The applicant requested that the Town Council review their proposal pursuant to Section 12-3-4, Determination of Similar Use, Vail Town Code, to determine if a ski club with ski storage is similar to a cocktail lounge and bar. On November 7, 2006, a request for the determination of a similar use by the Town Council pursuant to Section 12-76-5(B)(7), Permitted and Conditional Uses; Above Second Floor, Vail Town Code, to allow for a ski club with ski storage to be considered a use similar to a cocktail lounge and bar was heard by the Town Council. By a vote of 6-1-0 (Gordon opposed) the Council found that the proposed land use was similar to a cocktail lounge and bar as long as the amount of floor area dedicate to storage of skis and related equipment was 30% or less of the total floor area. IV. REVIEWING BOARD ROLES Order of Review: Generally, conditional use permit 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. Planninq and Environmental Commission: The Planning and Environmental Commission is responsible forfinal approval, approval with modifications, or denial of a conditional use permit application, in • accordance with Chapter 12-16, Conditional Use Permits, Vail Town Code. Desian Review Board: The Design Review Board has no review authority over a conditional use permit 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: I 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 orovides 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 REGULATIONS OF THE TOWN CODE Town of Vail Zoninq Reaulations 3 Chapter 12-2: Definitions: • PRIVATE CLUB: An association ofpersons and its premises who are bona fide members paying dues, uses of such premises being resfricted fo members and their guests. QUASI-PUBLIC: A use which is characterized by its availability to the public, with or wifhout cosf, but which is conducted by an entity, organization, or person which rs not a governmental entity. Article 12-713: 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 esfablishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended fo ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The Districf 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 burlding sca/e and architectural qualitres that distinguish the Village. • 12-78-5: PERMITTED AND CONDIT/ONAL USES; ABOVE SECOND FLOOR: A. Permitted Uses: The following uses shall be permifted on any floor above the i second floor above grade: Lod9es. Multiple-family residential dwellings. Type IV employee housing units, as further regulated by chapter 93 of this title. 8. Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chaater 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: 1. Retail stores and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. • 4 • Bookstores. Camera sfores and photographic studios. Chinaware and glassware stores. Delicatessens and specialty food stores. ~ Drugstores. Electronics sales and repair shops. Florists. Gift shops. Hobby stores. Jewelry stores. Leather goods stores. Liquor stores. , Luggage stores. Music and record stores. S Newsstands and tobacco stores. Photographic studios. Sporting good stores. Statione stores. i ry ToY sfores. Variefy stores. Yardage and dry goods stores. 2. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. • 3. Professiona/ offices, business offices, and studios. 4. Banks and financial institutions. 5 5. Personal services and repair shops, including the following: Beaufy and barber shops. • Business and office services. Small appliance repair shops. Tailors and dressmakers. Travel and ticket agencies. 6. Theaters. 7. Additional uses determined to be similar to permitted uses described in subsections 81 through 85 of this section in accordance wifh the provisions of section 12-3-4 of this title, so long as they do not encourage vehicular fraffic. 8: Type lll employee housing units (EHU) as provided in chapter 13 of this fitle. Chapter 12-16: CONDITIONAL USE PERMITS 12-16-1: PURPOSE; L/MITATIONS: In order to provide the flexibility necessary fo achieve the objectives of this title, specified uses are permitfed in certain districts subject to the granting of a conditional use permif. Because of their unusual or special characteristics, conditional • uses require review and evaluation so fhat they may be located properly with respect to the purposes of this fitle 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 and the town at large. Uses listed as conditional uses rn the various districts may be permitfed subject to such conditions and limitations as the fown may prescribe to ensure that the location and operafion of the conditional uses will be in accordance with 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 permifs shall be denied. 12-16-8: PERMIT APPROVAL AND EFFECT.• Approval of a conditional use permit shall lapse and become void if a building permrt is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. I VI. SITE ANALYSIS Zoning: Commercial Core 1 District Land Use Plan Designation: Viliage Master Plan Current Land Use: Mixed Use ~ 6 ~ Development Standard AllowedlRequired Existinq Proposed Lot Area: 5,000 sq. ft. 4,646 sq. ft. no change Setbacks: Building Front: Per Vail Village 0 ft. no change Building Sides: Urban Design 0 ft./2 ft. no change Building Rear: Guidelines 22.5 ft. no change Rear Deck (south): 21.5 ft. no change Stream: 30 ft. 19 ft. no change Building Height: 60% at 33 ft. or less 60% at 33 ft. no change 40% at 33 ft. to 43 ft. 40% at 43 ft. or less no change Density: 25 units/acre 1 unit no change . (2 units max) GRFA: 3,716.8 sq. ft. 3,507 sq. ft. no change Site Coverage: 3,716.8 sq. ft. 3,949 sq. ft. no change Landscape Area: Per the Vail Village 314.6 sq. ft. no change Urban Design Guidelines Parking: 27.596 spaces 32.996 spaces* no change • "Through the pay-in-lieu program the site has provided funds to cover the 32.996 spaces required by this project in 1997. VII. SURROUNDING LAND USES AND ZONING Land Use Zonin North: Mixed Use Commercial Core 1 District South: Open Space Agricultural & Open Space District East: Open Space Outdoor Recreation District West: Mixed Use SDD #31 (Commercial Core 1 District) VIII. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by the Town Code. The proposed private club is located within the Commercial Core I zone district. Therefore, this proposal is subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 12-16, Vail Town Code. A. Consideration of Factors Repardinq Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the Town. The applicant has proposed a. "quasi-public" cocktail lounge and bar on the . third floor of the Vista Bahn Building with ski storage as an ancillary use offered to members of the club. While the Town Council has found that the applicant's proposal is similar to a cocktail lounge and bar it must still be 7 found to not be a private cocktail lounge and bar. As was the case in November of 1995 the Planning and Environmental • Commission must find the proposed cocktail lounge and bar to be a"quasi- public" cocktail lounge and bar club on the third floor of the Vista Bahn Building. The Commercial Core I district does not list a private club as a permitted of conditional use on any floor within the district and therefore, as , in the past, it must be determined by the Commission that the cocktail lounge j and bar club being proposed is "quasi-public". The Code definies "quasi- public" as: QUASI-PUBL/C: A use which is characterized by its availability to the public, with or without cost, but which is conducted by an entity, organization, or person which is not a governmental entity. In order to address the need of the use to be "quasi-public" the applicant has established membership in the club to be offered first to property owners within Cordillera and non-resident members of the Club at Cordillera, and then will be offered to the general public on a space available basis. The applicant has stated that membership in the Cordillera Club is available to those who do not own property in Cordillera and there are many members of the Club today who do not own property in Cordillera. In addition, of the 273 ski lockers 150 will be offered to Cordilera property owners and non-resident members of the Club at Cordillera, 96 will be used by guests staying at the Lodge and Spa of Cordillera, and the remaining 27 will be available for use • by guests of inembers of the cocktail lounge and bar. Staff believes that the applicant's proposal has met the definition of a"quasi- public" cocktail and lounge bar. 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. The proposed cocktail lounge and bar does not have any negative effect on the items identified in this criterion as there are no changes proposed to the exterior of the building and the use has been located on the third floor of the Vista Bahn previously. 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. The proposed cocktail lounge and bar will have no negative effect on the items listed in this criterion. Parking for this use was addressed through the pay-in-lieu prbgram in 1997 and is located within the Vail Village parking structure. 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 8 • surrounding uses. The proposed cocktail lounge and bar will on the third floor of the Vista Bahn Building does not include any changes to the exterior of the building and will therefore have no negative effect on the items listed in this criterion. B. Additional Criteria for consideration of Conditional Use Permit apulications in the CCI Zone District In addition to the standard Conditional Use Permit Criteria and Findings listed above, ' applications for a Conditional Use Permit within the CC1 zone district must address the following additional development factors: 1. Effects of vehicular traffic on Commercial Core I District; The proposed cocktail lounge and bar will have no negative effect on vehicular traffic within the CCI district. Patrons will not be able to access this use/building by vehicle. Staff does not be{ieve that this proposa{ will have , any negative effect on the item listed in the criterion above. 2. Reduction of vehicular traffic in Commercial Core 1 District; The proposed cocktail lounge and bar will have no change on the vehicular traffic currently existing within the CCI district. A cocktail lounge and bar • previously existed on the third floor of the Vista Bahn Building. Staff does not believe that this proposal will have any negative effect on the item listed in the criterion above. 3. Reduction of nonessential off-street parking; The proposed cocktail lounge and bar will have no impact on off-street parking related to the Vista Bahn Building. There are currently no parking spaces associated with the Vista Bahn Building within the commercial core of the Vail Village. The parking requirement for the Vista Bahn Building was addressed through the pay-in-lieu program and is located in the Vail Village parking structure. Staff does not believe that this proposal will have any negative effect on the item listed in the criterion above. 4. Control of delivery, pick-up and service vehicles; The proposed cocktail lounge and bar will receive deliveries and will be required to conform to all loading and delivery requirements within the Vail Village. Staff does not believe that this proposal will have any negative effect on the item listed in the criterion above. 5. Development of public spaces for use by pedestrians; The existing Vista Bahn Building currently has access through an easement to public spaces along Mill Creek on the east side of the building. This • proposal will not affect the exterior of the structure. Staff does not believe that this praposa{ will have any negative effect on the item listed in the criterion above. 9 . 6. Continuance of the various commercial, residential, and pubiic uses in • Commercial Core I District so as to maintain the existing character of the area; The proposed cocktail lounge and bar will continue to maintain the existing character of the Commercial Core I. Staff does not believe that this proposaf will have any negative effect on the items listed in the criterion above. 7. Control quality of construction, architectural design, and landscape design in Commercial Core 1 District so as to main.tain the existing character of the area; The proposed cocktail lounge and bar on the third floor of the Vista Bahn Building does not include any exterior changes to the building. All construction within the existing space will be required to comply with the adopted building codes. Staff does not believe that this proposal will have any negative effect on the items listed in the criterion above. 8. Effects of noise, odor, dust, smoke, and other factors on the environment of Commercial Core I District. The proposal cocktail lounge and bar will have a small prep kitchen and no amplified sound other than televisions and computer. The cocktail lounge and bar will be required to adhere to all Town of Vail ordinances regarding noise. Staff does not believe that this proposal will have any negative effect • on the items listed in the criterion above. C. The Planninp and Environmental Commission shall make the followinq findinqs before qrantinq a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of 'i the conditional use permit section of the zoning code and the purposes of the Commercial Core I 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, safery, or welfare 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. IX. STAFF RECOMMENDATION The Communiry Development Department recommends that the Planning and Environmental Commission approves the applicant's request for a conditional use permit, pursuant to section 12-7B-5, Permitted and Conditional Uses, Above Second Floor, Vail Town Code, to allow for the operation of a"quasi-public" cocktail lounge and bar club, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1. Staff's recommendation of approval is based upon the review of the criteria described in Section • VIII of this memo and the evidence and testimony presented. 10 ~ 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 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 Core I 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, or welfare 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. X. ATTACHMENTS A. Letters from the applicant B. Reduced copy of the proposed floor plan C. Public Notice • • 11 12E/"YJI'10N & cO, If'1C ' 970-926-6226 • FAX 970-926-6227 P.O. Box 1888 • Edwards, Colorado 81632 • October 17, 2006 Vail Town Council Ladies and Gentlemen: Remonov & Company, Inc. is the owner of the Vista Bahn Building located at 333 Bridge Street. , On September 25, 2006, we submitted a conditional use permit application to the Town of Vail ' Planning Department in connection with our proposed use of the third floor of that Building as a sociaUrecreationaVeducational club and meeting space in the form of a cocktail lounge and bar. The purpose of this letter is to request that the Council make a Determination of Similar Use (in accordance with Section 12-3-4 of the Town Code) that our proposed use is similar to specified uses for spaces above the second floor in Commercial Core I in Vail Village (as enumerated in Section 12-7B-5 of the Code). In particular, we submit that the proposed use constitutes an "eating and drinking establishment" (per clause B(2) of Section 12-7B-5) in the form of a "cocktail lounge and bar". The Cordillera Property Owners Association, pursuant to a Lease entered into with Remonov, intends to use the third floor of the Vista Bahn Building primarily as a lounge and bar to serve as the focal point and meeting place for their year-round mountain club. The club will consist of a • wide variety of amenities and will offer social, recreational and educational events, both within the club facility as well as around the town and on the mountain. During the summer, these will include mixers prior to concerts, organized hikes, lectures and botany walks. During the winter, these will include film screenings, presentations by winter sports luminaries, group ski lessons and snow shoe outings. The facilities will be available for use year round by members and their guests to meet over drinks and for receptions, private parties and conferences. In addition to bartenders and staff to prepare and serve food, the club will offer on-site concierge services. Memberships in the club will initially be extended to owners of property in Cordillera and non- resident members of the Club at Cordillera (totaling approximately 1,000 people), and may be offered more generally to the public. The facilities will also be made available throughout the year on a daily membership basis to guests of the Lodge at Cordillera, guests of inembers in this facility and Cordillera properly owners and non-resident Club members who are not already members in this facility. The facilities (as depicted on the plans) will consist primarily of various lounge areas with tables and chairs, a bar and a kitchen and showers and restrooms. Several of the lounge areas will be capable of being isolated for private meetings or functions. Televisions will be located in multiple locations around the space and several areas are designed for buffets and the serving of food and beverages. There will also be facilities for the storage of personal items and, during the winter, a limited amount of ski equipment. While the proposed use of the facility does include the seasonal storage of ski equipment, such storage is one of the many amenities offered by the club and will be an ancillary rather than • primary use of the facility. This use is vastly different than the commercial ski storage facilities operated by Remonov in the basement of the Vista Bahn Building and by other parties in various Attachment: A R~/"~Jf'10?~/ ~ ~O, If'K 970-926-6226 • FAX 970-926-6227 P.O. Box 1888 - Edwards, Colorado 81632 • buildings around Vail. Rather than being one of a variety of amenities, ski storage is the sole purpose and offering of these other operations and a fee is charged specifically for the use of storage facilities. Lockers and storage areas occupy the entirety of such spaces, which are operated only during the winter and are geared exclusively to skiing. By way of contrast, the amount of space proposed for storage on the third floor will be less than 20% of the total floor area during the winter season, and approximately 8% on an annualized basis. No separate fee will be charged for the use of the storage facilities, which instead will be made available to all members and day users of the facilities. The storage of ski equipment in our proposed use is similar to members of golf clubs being able to store their clubs without paying a separate fee for such amenity. The proposed use for this space will have significant benefits for the Town of Vail. Whereas Remonov had previously received approval for the use of the space as offices for approximately ten people, the proposed use will bring hundreds of inembers and guests into the heart of Village. The majority of these people will be residents of Cordillera, many of whom currently ski at , Beaver Creek, are members of the Alpine Club and patronize the restaurants and stores in Avon and Edwards. The proposed use of the space will encourage this group to spend more time in Vail on a year-round basis. • This use will also bring viability and vitality to a building in the heart of the Village. Since our acquisition of the Vista Bahn Building in 1998, Remonov has struggled to find appropriate uses for the third and fourth floor. Following the closing of a popular but unsuccessful night club (the Sanctuary), we converted the fourth floor into a residence and entered into a lease for the use of the third floor as offices. Following the default of the tenant under the office lease, we were once again forced to seek a new tenant for the third floor. We discovered that there is currently significant demand for space to be used as club and lounge facilities. We believe that our proposed use is a beneficial and appropriate use of the third floor of the Vista Bahn Building. Such use will contribute to the vibrancy of the Village and will help meet a currently unsatisfied demand. It is also consistent with other the permitted uses in such zoning district. We respectfully request the Council to make the determination that our proposed use of this space as a club in the form of a cocktail bar and lounge is reasonably similar to the uses for such spaces enumerated in the Town Code and should therefore be allowed. Ve ruly y 'r `ck Mue er • Cordillera Property Owners Association October 20, 2006 • Vail Town Council Dear Ladies and Gentlemen, Thank you for this opportunity to present our plea for a Determination of Similar Use for the space on the third floor of the Vista Bahn building. We would also like to thank the Town planning stafffor their patience in working with us. As a result of their input regarding the Town Code and the applicable regulations, we have reconfigured our plans for this space and have changed our approach to the private and quasi-public usage of the facility. Our intended use is as a social, recreational, educational, and rn:eeting space under the lounge and bar classification for Cordillera property owners, their guests, non-Cordillera membexs af the Golf Club at Gprdillera, and for guests from around the world at the Lodge and Spa at Cordillera. AIl parCies with whom we have discussed this usage are quite enthusiastic about this facility as a gateway meeting place to avail ourselves of the rnany offeririgs in Vail during the winter, summer, and shoulder seasons. We have tentatively named this facility the Cordillera-Vai1 Social Center. During the summers and shoulder seasons it is our intention to use-:this Center as a meeting • . place for varied activities such as wine and cheese socials, Bravo enncerts, Dance Festival, Farmers Market tours, dine-arounds in the Vail restaurants, shopping excursions, and recreational activities such as hiking, biking; visits to the Betty Ford Gardens and the Nature, Center, etc. During the winters it is our intention to use this Center for a meeting place for group skiing and snow shoe excursions, ski lessons and lectures, winter sports films, etc. Throughout the year the Center would be available far special parties, receptions, and special events. We do like to enjoy our social' activities, and this venue gives us an opportunity for the first time in our history to do those in Vail: Vail was the reasori most of us moved to this Valley, and it would be just wonderful ta reconnect with the Tawn and Mountain in this way. Now that we better understan& the Town Code regulations, we have reconfigured our usage and fee plans for this Center. Parficipants will be given the opportunity to join as a member for an initiation fee and annual dues. These members will have access to all the activities and amenities of the Center for no additional charges. Those who decide not to join as members will be given the opportunity to participate in our planned activities on a daily use or per activity basis. • 0408 Carterville Road, Coridllera, CO 81632 • 970-926-1923 • Fax 970-926-5577 1 www.cordillerametro.org i- • We anticipate employing a staff of three at the facility during the busy months of the year including a concierge to assist with reservations, shopping and dining tips, and to arrange for , special services such as Vail spa anangements, etc. During the slow months, staff from our full- time employee base in Cordillera would come over to open the facility on a pre-arranged basis and to serve our participants. We have redone our proposed layout seven times to minimize the storage space for recreational equipment and to maximize the lounge, bar, and food service areas as well as the special amenities such as flat screen TV's, computer terminals, private meeting rooms, breakfast bar, buffet tables, and teleconferencing capabilities. The storage area for recreational equipment is now only approximately 20% of the total space. The furniture and accessories planned for the Center are all top of the line and in good taste. We anticipate a capital budget of about $ 1,000,000 to properly outfit the Center and an annual operating budget of $600-700,000. Reaction from people to whom we have spoken about this Center has been, "With a facility like that I'd spend two more months in the Vail Valley rather than my home in the Desert." Another has said, "With a facility like that I'd take my family and grandchildren into Vail much more often." This request is all about bringing people back to Vail to take advantage of the New Dawn. ~ We hope you will look favorably on our request so that we might be able to have a Grand Opening shortly after the New Year. Th you Dan Sween y a*1a k Bob Vanourek President, resident, Vice President, Cordillera Property Owners Cordillera Valley Club Cordillera Property Owners Association Property Owners Association Association • 2 ~ YOU ~~THIS ITEM MA UBL C NOTICER PROPERTY *Vild 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 November 13, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a worksession to discuss a conditional use permit, pursuant to Section 12- 7A-3, Conditional Uses, Vail Town Code, to allow for a business office (real estate), located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PEC06-0066) Applicant: Vail Dover Associates, LLC, represented by Mauriello Planning Group Planner: Warren Campbell A request for a final review of a conditional use permit, pursuant to section 12-713-5, [g~- Permitted and Conditional Uses, Above Second Floor, Vail Town Code, to allow for the ?rn~ I~ I operation of a"quasi-public" club, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0067) Applicant: Remonov & Company, Inc. Planner: Warren Campbell ' A request for a worksession to discuss a conditional use permit, pursuant to Section 12- • 9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC06-0068) Applicant: Town of Vail, on behalf of All Mountain Sports, LLC Planner: Bill Gibson A request for a final review of a variance, from Section 12-6D-9, Site Covera9e, Vail Town Code, pursuant to Chapter 12-7, Variances, Vail Town Code, to allow for a residential addition located at 2339 Chamonix Lane/Lot 11, Block A, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC06-0069) Applicant: Robert Stephanoff, represented by Jack Snow, RKD Architects Planner: Bill Gibson A request for a final review of a variance, from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 3/Block 5, Vail Village Filing 1, and setting and . setting forth details in regard thereto. (PEC06-0070) Applicant: Lewis and Patricia Lewis, represented by Michael Suman Architect Planner: Elisabeth Reed A request for final review of variances from Section 12-61-1-6, Setbacks, and Section 12- 6H-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 5,/Block 5, Vail Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0071) Applicant: Elliot and Margie Davidoff, represented by Michael Suman Architect • Planner: Elisabeth Reed Attachment: C ? • • 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 October 27, 2006, in the Vail Daily. • I~ i ~ • Page 3 m ~Z tase•ezs otspa ooae•azsrocs d L9948 0(MJ0100` IIdA sooz-eai sNOisinoa ivuiwens ~ V lE9tB aPeaPO'ope3 LlZepS lewlSiot!dej E6Lt Zg ~ ~ 9ppZ-qI-p SNOISIA38 1VlliW9f1S j 0 uBIsepiopalulIuolptulsuoal amWallyye 133H1S 39aRl8 EEE ~ y~y'paasdiuanl •g 1403S 8fil3 NI`d1Nf10W db3lllaa0o 900a8op 1N3Wd013A34N^S~a ~~LL v~ z c a' < E O c~v O Q ~ f U- ~ w f-- Z . ~ ~ w -a 01) c~ ' O y M 0) co ~ O Q ~ U) Qon ~ Yr/~ _ K ppOVe ~ 11 U V, . a ~ 4~ O ~ ~ 0') ~ ~ ~ ~ J ; U N ~ ~ ° m L co ~ m o m ;'°o Z Q U) Q \Ri ~ L Y L ~ «fi Q W O ~ o [L O LL ~ . Z < N -a O (D p . = Z N p ~ M K ~ O w c U- U ~1 ~ 0,.~ -Fu . c6 U V 0. J c ~ V' . ~ A \ \ d ~ nA ~ N , t E ~ a V 3 ~ -d ~ c O~ S E ~ , o \ U U va~ olv . e 0 U N 45 \ 110 N ~ \E: C\ \ \ C v ~ 3 ~ s u - \ E E ? ~ N \ ~ ~m ~ t~ \ N ` • ~ , • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2006 SUBJECT: A request for a final recommendation of a proposed 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 • 1. SUMMARY ~ The applicants, Vail Resorts Development Company, Town of Vail, and the Glen I Lyon Office Building General Partnership, are requesting a final recommendation , of a proposed 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 to amend the text of several chapters of the Master Plan, Chapter 4, Master Plan Recommendations, and Chapter 5, Detailed Plan Recommendations, of the Plan to include detailed recommendations for the subject parcels. An additional purpose of the amendment is to adopt detailed plan recommendations for the properties. The purpose of the amendment 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 Amendmenf of the Master Plan. Lionshead • Redevelopment Master Plan. 1 Based upon Staff's review of the criteria outlined in Section VII of this • memorandum and the evidence and testimony presented, the Community Development Department recommends the Commission forward a recommendation of approval, with conditions to the Town Council regarding the proposed amendments to the Lionshead Redevelopment Master Plan. II. DESCRIPTION OF THE REQUEST The applicants, Vail Resorts Development Company, Town of Vail, and the Glen ' Lyon Office Building General Partnership, are requesting a final recommendation of proposed amendments to the Lionshead Redevelopment Master Plan to the Town Council. 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, Vai! Village Filing 2, and one unplatted parcels. A map of the area to be added to the Lionshead Redevelopment Master Plan study boundary, "West Lionshead" (Attachment A) ~ has 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 j Recommendations, and Chapter 5, Detailed Plan Recommendations, which ~ include more detailed recommendations for the subject parcels. The proposed amendments to the text are included at the end of this section of the • memorandum. I The proposed amendments have been prompted by recent changes to the II existing conditions within the West Lionshead area. Vail Resorts has purchased I three parcels of land which together have created opportunities for redevelopment that were not possible during the preparation of the Lionshead Redevelopment Master Plan. The primary opportunity is the creation of a new portal to Vail Mountain from West Lionshead via a new gondola. Secondly, the i 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 three additional parcels, of land which should be incorporated into the Plan in the process, as the current text of the Lionshead Redevelopment Master Plan discuss potential future uses that impact the parcels, however, they are not included in the study area boundaries. Several of the parcels included in the West Lionshead area are currently within the existing study area boundary. Those properties include Vai! Resort's Maintenance site, the Holy Cross site, the Eagle River Water and Sanitation District site, and the former 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 Town-owned stream tract and one 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 2 I~ • Master Plan and to adopt detail plan recommendations for the properties. The purpose af the amendment is NOT to amend or otherwise alter the overail goals, i objectives and policies stated in the Master Plan. The proposed amendments are indicated in bold (additions) and s#F+IEe-#hFeugh ~ (deletions) as follows: Chapter 4, 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. II 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). Alfhough the hubs overlap ' somewhaf, fhere is no consistent and comprehensive pedestrian connection between them. The primary goal of the master plan is fo create a visually interesting and functionally etficient pedestrian environment that connects the hubs to create a cohesive and memorable resort environment. , 4.1.5 Wesf 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, a former gas station, the Vail Professional Building, Cascade Crossing, the Glen Lyon Office Building and Tract K of the Glen Lyon Subdivision, a portion of sfream tracf, and two unplatted parcels adjacent to I~ Tract K to the south of Gore Creek. This area of Lionshead is I generaNy 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. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should not diminish the square footage of existing office and retail square footage in West Lionshead. With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part of Lionshead. Lift service brings with if great pofential for the re-deve/opmenf of this area and in doing so expand all of Lionshead to the west with improved pedestrian connecfions, new retail and office activity and other improvements. While lift access will certain/y energize this area during the winter months, attention should be given to creating a year-round attraction within this area of Lionshead • (see detailed plan recommendations in Chapfer 5) Uses 3 ' , emplGyee , effiGe , meuntailq • ; . i The master plan recommends that this hub become a residenfial/ mixed use area with an emphasis on meeting the needs of both the /ocal community and our guests. Appropriate uses could include high density real-es#ate residential development, lodging, I~ community and visitor based office and retail space, employee ~ housing and parking, bus or transit functions and a ski lift I connection to Vail Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain. I ar-ea: Consideration should be given to integrating employee housing into the redeve/opment of West Lionshead in accordance with the Town's employee housing policies and regulations. To the extent possible developmenf patterns in this area should reflect north-south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented ~ environment. The degree of north-soufh building orientation may be difficult given the relatively narrow east-west , orientation of this area. !n addifion, the introduction of ski !ift access in this /ocation creates an #hexe-is-tqe opportunity for a uneleFgr-eistructured public parking facility. All service and delivery demands created by development in this area shaU be accommodated on-site. ~ • The site will continue to accommodate the exrsting and potentially expanded functions of the Vail sanitation plant. The mountarn service yard wN could be reduced in size, as some functions can be moved to less central locations. It may 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. 4.5 Public Transportation An efficient transit system is critical to the character and environmental quality of any pedestrian-oriented resort. Goals identified by the master plan regarding transit include: 4.5.1 Connection to West Lionshead West Lionshead consists of the West Day Lot, the Vail Associates service center, the sanitation plant, and the Holy Cross lot, the former gas station, the Vail Professional Building, Cascade Crossing, the Glen Lyon Office Building, Tract K of the G/en Lyon Subdivision, the Town owned Gore Creek stream tract, and two Town owned unplatted parcels to the south of Gore • Creek. Because it is an area of potentially significant growth, it is 4 • important that it be fully integrated into the Town of Vail tn t-own transit system. The West Lionshead properties are at the outside edge of the acceptable walking distance to the ski yard (1200 feet). ThiS, , . With a mixed use development in the area which integrates a ski portal, retail space, office space and residential development, transit service to this area and interconnections to other porta/s will be critical to deve/op in the future. In addition, the update of the Vail Transportation Master P/an sha/l provide direction on the ultimate location of a Lionshead Transit Facility along with needed interconnections between ski portals, regional transit stops, and other transportation modes. The addition of a ski lift in this area would make this area more viable fo redevelopment as it would be within the acceptab/e walking distance of a lift (1,200 feet). 4.5.2 Maximum Efficiency and Utilization ' The following recommendations are made to enhance the etficiency and functionality of the Lionshead transit connections in anticipation of future redevelopment in the area: ~ • 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. !n addition, visitors and emp/oyees 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. lt may be possible to /ocate elements of a regional transit stop in fhe West Lionshead area in conjunction with a new ski lift and parking ~ . facility. However, given its locafion on the periphery of Lionshead, this area may not be the most viable location for a regional transit stop. Notwifhstanding the above, facilities for skier drop-ofiF, private shuttle vans and Town of Vail in-town buses should be included in the design of the ski lift and parking facility. ln 2006 the Town of Vail initiafed an update of fhe Vail Transportation Master Plan. In addition, the Town initiated a deve/opment competition for fhe Lionshead Parking Structure redevelopment, which would include a transit facility. lt is anticipated that the Transportation Master Plan update along with the conc/usion of the Lionshead Parking Structure redevelopment process will provide • direction on the u/timate /ocafion for a Lionshead Transit 5 Facility and/or the type of transit facilities that may be • necessary in West Lionshead. 4.6 Vehicular and Pedestrian Circulation 4.6.1 Interstate Highway 70 1-70 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 befween the south and north sides of Varl, 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 1-70 through the Town of Vail be studied and the potentia/ benefits and impacts considered. Specifically, consideration should be given to securing the air-rights over 1-70 so that future development and circulation scenarios are not precluded. 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 drscussion of capacity and the • impacts of future development on the frontage road, see the traffic impact sfudy contained in appendix A. 4.6.2.1 Potential Realignment The concept of realigning the South Frontage Road at the wesfern end of the study area grew out of public discussions about land development and traffic flow in Wesf Lionshead. Relative to fraffic 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 implicafions on how West Lionshead could re-developmenf in the future. One alternative is for the Frontage Road to remain in its existing location. The ofher two a/ternatives involve the Frontage Road shifting to abut the interstate right of-way. Each of these a/ternatives is depicted on the following pages and is further discussed in secfion 5.17. • 6 ~ Regarding fufure land use, the realignment of South Frontage Road will allow tf?e west day lot and the service yard to be combined into a contiguous development parcel. This is an important consideration for the development conceptually depicfed in figures 4-9, 4-9a, 4-9b, and it would be necessary if the service yard property is used for a secondary ' public parking atFwstwe facility or other uses. Any existing parkrng on the West Day Lot must be replaced within the Lionshead study area. Through the Transportation Master Plan update it is anticipated that a significant traffic control device will need to be installed in the ' West Lionshead area. Such a device may include a round about Specific considerations regarding realignment are. a. Proposed Alignment The proposed realignment of the South Frontage Road is depicted in figures 4-9a and 4-9b. 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 I • the Lionshead area and the amount of land consumed ~ by the two curved road sections. lf the Frontage Road re-alignment depicted in Figure 4-9b is pursued, the Vail Professional Building, Cascade ' Crossing and Glen Lyon Office Building would add to this contiguous development parcel. This alternafive would require cooperation befinreen ' different property owners and a/so involve , extensive coordination of developmenf 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 as depicted in Figure ~ 4-9a impiemented firsf with a second re-alignment phase to implement as depicted in Figure 4-9b. Staff has attached the proposed figures for review at the end of the memorandum (Attachments B, C, and I D) . 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 fhe frontage road and does not ~ require the acquisition of private property. A new parcel of developable land, suitable for offices or non- • resort retail, would be created on the southeast corner of this intersection. 7 c. Forest Road Connection . Forest Road could be realigned to cross through the newly created development parcel, provrding access to that site and connecting at right angles to the frontage road. Another alternative that should be considered is to connect Forest Road to West Lionshead Circle via the existing Frontage Road right-of-way. 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 a through- i transit route to the west end of Lionshead and also keeps in place the existing utility corridor. e. Feasrbility of Realignment The abilify to realign the frontage road will be heavily influenced by costs, CDOT (Colorado Departmenf 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 addifion to fhe mandatory costs of ' improving the road. II , , , gi'ven - , n4ain. • 8 • 4.6,7 Simba Run Underpass Currently the Town of Vail has only two north/south access points befinreen the North Fronfage Road and South Frontage Road befinreen Main Vail and West Vail. For severa/ years it has been contemplated that an additional north/south connection be estab/ished just west of Cascade Crossing. The potentiai need for this underpass may be accelerated as a resu/t of the Town's redevelopment p/ans for Timber Ridge, West Vail and West Lionshead. The redevelopment of the West Lionshead area should be done in a manner that does nof preclude this new connection from being estab/ished af some point in the future. It is recommended that the proposed amendments fo the Vail Transportation Master Plan provide direcfion on when public improvements on the Frontage Road need to occur and how they are paid for between public and private funds. 4.8 Parking 4.8.3 Public Parking 4.8.3.3 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 opportunifies in Lionshead include: . a. Lionshead Parking 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 I half decks, each holding approximately 200 vehicles (1,200 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 sfrucfure is cleared manually wifh front-end /oaders. Additional decks will make it impossible to continue this method, as the internal • dimensions of the structure will not accommodate front- end /oaders. In addition, the construction of a new delivery staging area on the west end of the structure will ~ 9 I 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 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 fo support the weight of additional decks. b. West Lionshead The construction of a sesend new public parking str-uGt~e facility at the west end of Lionshead has been - a planning consideration since the completion of the Vail Transportation Master plan in 9991. This site is currently undeveloped (except for the Vail Associafes ~ maintenance yard) and is large enough to meet projected , parking demand. It is well located in relation to the • , pofential new eastbound 1-70 access ramps. The viability of a new public parking facility in this /ocation would be enhanced by bringing lift service fo this area. The construcfion of a new public. parking facility would address the existing deficiency of off-street parking on peak days and the shifting demand of parking created by the introduction of a new ski lift in West Lionshead. It is anticipated that the new public parking structure would contain a approximafely 400 public parking spaces, which would be in excess of any parking requirements generated by proposed development. The update of the Vail Transportation Plan should provide final direction on the location and quantity of additional public parking spaces in the Town of VaiL The location of additional public parking should consider where parking is most optimal for both guests and emp/oyees, year round utilization, mountain operafions, and overall traffic circulation. Retentral Land . . . • 10 • ~ . Va# . , ~-+s,s~ #+~a~~ res. I~ I •-Gsst. , an the 64e. • par4dng , , , , si~e-. . , hGUS' , gme, . • 6anvenienee. Given the T4* location for a this parking stFUs#Ue facility, it had been assumed that nqust--have regular transit or shuft/e service would 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 structure would be proximate to the new lift and as such 11 - I ~ fhe need for regular shutfle service would be • minimized. However, some provisions for bus stops and/or a transit facility should be considered for the parking structure. 4.9 Housing , 4.9.4 Potential Housing Sites , Following are specific sites that have been identified as suitable for locals and employee housing (see Map M. 4.9.4.3 Vail Associates Service Yard and the Holy Cross Site, Vail Professional Building, Cascade Crossing, G/en Lyon Office Building, and the former gas station site Any re-development of West Lionshead will need to conform to the Town's housing policies and requirements. In order fo create activity and vibrancy in Wesf Lionshead it may be appropriate to include some dispersed emp/oyee housing opportunities for permanent local residents in proposed developments in the area consistent with these policies. The North Day /ot is considered to be the preferred location for a significant housing project in Lionshead to rep/ace the • Sunbird affordable housing project and provide housing for new employee generation. It should also be recognized fhat the Town as part of the Development Improvement Agreement for the Arrabelle requested that Vail Resorts work with the Town to evaluate options to redevelop the Timber Ridge affordab/e housing project. . Nowever, &Wact , i . , ents. , be-G epsid eF ee~ t, • 12 ~ the , I Densit ~Y The site offers a unique opportunity to achieve significant density. While it is important that buildings here be visually consistent with the overaN character vf Lionshead, the desire to maximize the housing potential may make appropriate the foUowing deviations from standard development parameters. First, it may be appropriate to allow for a greater overall building height than is otherwise allowed under the Lionshead Architectural Design Guidelines. Any increase in building height will need to be reviewed on a case by case basis by the Town of Vail, and any eventual building height will still need to be visually appropriate for thrs location. Second, if is recommended that the standards for density (units per acre) be increased at this location to allow for a greater number of employee housrng units. Third, it may be ~ appropriate to reduce the parking reguirements for empioyee housing at this locafion. 4.9.4.4 Red Sandstone Parkina Area The parking lot and Town of Vail transit sfop af fhe ~ base of the Red Sandsfone Elementary schoo/ were identified as a potential site for employee or locals housing because of its proximity to the elementary school, the 1-70 pedestrian overpass and the transit stop. However, the access (vehicular and pedestrian), safety and functional programming needs of the e/ementary school must take priority in any potential • housing development scenario. 4.9.4.5 Oid Town Shoas The Old Town Shops, located just west of the Vail sanifafion plant, were idenfified as potenfial employee housing /ocafions durrng the master planning process. There are, however, other significant demands on thrs site, rncluding potential expansion of the sanitation plant and the need for a new snowcat mountain access route from the Vail Associates service yard. In addition, the presence of the sanitation plant on one . side and the existing gas station on the other reduces the desirability of this location for employee or /ocals ~ housing. 13 Chapter 5, Detailed Pian 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 fhe /ong-term redevelopment of Lionshead. The document does not intend to limit or eliminafe 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. 5.9 North Day Lot The north day lot should be developed as a community transportation center to consolidate skier drop-off, local and regional transif, local and regional private shuftles, and charter bus drop-off and pick-up (see figure 5-13). A below-grade service and delivery facilify could be constructed underneath the transit facility. By relocating these functions from their existing locations to one easily accessible location, this would improve fhe qualify of vehicular and pedestrian circulation in Lionshead and create a significant new pedestrian portal into the center of the Lionshead retail mall. Based upon the results of the traffic study (see appendix A), the conceptual program for this facility is as follows: a. Skier drop-off.- Nine spaces are recommended at a minimum, . buf more should be built if possible to accommodate other program elements. b. Town of Vail transit: Two bus spaces are recommended to accommodate the West Vail transit loop and the possibility for an eastbound in-town shuttle stop. c. Regional transit: One bus space is recommended d. Charter buses: Three to four bus spaces are recommended. e. Local and regional shuttles: Four shuttle van spaces are recommended at a minimum. A critical consideration in the planning and design of this facility will be its impact on the adjacent Landmark Tower and Townhomes and the Westwind. Depicted in figure 5-13a, a linear building is recommended at the southern edge of the site to screen the lower levels of the Landmark Tower from the transit center. This facility could house a bus she/ter and waiting area, an information center, public restrooms, a small food and beverage operation, and an elevator core to the pedestrian mall level for ADA access needs. To the east, earthwork, landscaping, and/ or other screening measures should be considered to buffer the Westwind. A more comprehensive solution is to cover the facility with another level or two of development - perhaps for offices or employee housing - or with a roof. (Memorable European antecedents exist for grand, covered transportation centers.) Specifically, the design of the transportation • center should address all impacts: visual, security, sound, and smell that may affect adjacent properties. Bofh the Westwind and the Landmark 14 . • should be close/y involved in the transit center planning and design process. Since the adopfion of fhe Lionshead Master Redevelopment Plan, i plans were developed to locate a Transit Center af the North Day Lof. Integrating fhe number of uses mentioned above and addressing the neighborhood concerns regarding a transit center prompted the Town of Vail to evaluate alternative locations for a transit center. Alternative locations include: 1. West Lionshead 2. Lionshead Parking Structure 3. North Day Lot In 2006 the Town of Vail initiated an update of fhe Vail Transportation Master Plan. In addition, the Town initiated a developmenf competition for fhe Lionshead Parking Structure which would inciude a transit facility. it is recommended that the update Transportation Master Plan update along with the conclusion of the I Lionshead Parking Structure RFP process provide direction on the ultimate location for a Lionshead Transit Facility. 5.17 West Day Lob Vail Associates Service Yard/ Ho/y Cross Site/BP-Amoco Site Nail Professional Building/ Cascade Crossing/ Glen Lyon Office ~ Building Planning for the western end of Lionshead must consider twe three different scenarios: the realignment of Soufh Frontage Road behind the Maintenance Yard and Holy Cross site, the realignment of the Frontage Road behind the entire West Lionshead area, and its retention in the existing alignment. White the introduction of lift service is viable in either of these Frontage Road a/ternatives, site design will vary depending upon what happens to the Frontage Road. See Figures 4-9, 4-9a, and 4-9b for the Fronfage Road realignment a/ternatives. Nofinrithstanding, regard/ess of Frontage Road scenarios there should be "no net /oss" of existing retail or office square footage as a result of the redeve/opment 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 compatib/e with the adjacent existing development of the Marriott and the Vaii Spa. As compared to a separate, free-standing portal, West Lionshead is considered a part of fhe greater Lionshead area. In order for this area to be successful, it is important to have a strong pedestrian ~ connection wifh the rest of Lionshead. A strong connection along the Gore Creek corridor already exists. Streetscape improvements along West Lionshead Circle between Concert Hall Plaza (currently 15 the western end of Lionshead retail influence) and the Ritz-Carlton • Residences will strengthen existing conditions and in doing so improve the viability of mixed uses in West Lionshead. . Improvements to street lighting, walking surfaces, seating areas and public art are just some examples of what could strengthen this corridor. The development of a strong pedestrian connection befinreen the Lionshead Core area and the western side of Lionshead will encourage pedestrian activity in this area and in doing so will energize all of West Lionshead. During the winter months the ski lift and associated parking will generate significant traffic and activity. However, consideration should be given to how West Lionshead can be an active and vibrant place year-round. This can be accomplished a number of ways. For example, quality architecture and the creation of appealing outdoor spaces in and of itself will encourage people to visit this area. This could be reinforced by a well-crafted program of specialty retailers, office, and restaurants. An active program of public art, residentia/ units fhat are used for "artists in residence"; a culinary school, improved access to Gore Creek or Red Sandstone Creek for fishing or other purposes or specific recreation features such as a climbing wall are just some examples of design elements or land uses that could create a catalyst for activity. It is assumed that the deve/opment standards of Lionshead Mixed ~ Use 1 or 2 will guide the design of redevelopmenf in this area. Notwithstanding the height a//owances of these zone districts, building height and scale should be responsive to the Gore Creek corridor and the Interstate. For example, buildings should "step down" at the wesfernmost end of West Lionshead and along Gore Creek. On the Intersfate side of this area building design should be articulated to avoid large expanses of shear/unbroken wall planes. a. Retention of Existina? Fronta_qe Road Aliqnmenf 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 Offi'ce Building all remain viable development sites. The most viable site for a public parking facility would be the Maintenance Yard/Holy Cross parce/s. While other lift locations are feasib/e, the old I Amoco/BP site is a viable /ocation for a base terminal. This /ocation would require 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 creafe a strong connection between this area and the rest of Lionshead. Under this Frontage Road scenario the Vail Professional Building and Cascade Crossing could be developed as a contiguous parcel • and Glen Lyon Office Building would re-develop as a free- standing development site. In both cases it is assumed 16 ~ development would conform with the Lionshead Mixed Use I zoning. The Ho/y Cross site and fhe Vail Professional Building both abut Red Sandstone Creek. Any redevelopment of these parcels should consider how the Creek can be enhanced and made an asset or amenity of the redevelopmenf. b. Fronta_qe Road Reali_qnment the Entire Lenqth of West Lionshead Studv Area This realignment alfernative is the most complex to accomplish but also presents the most opportunities in that it results in one very /arge and contiguous development parcel. It a/so creafes the best pedestrian environment in creating an extension of the Lionshead Retail area. This alternative would also allow for the most convenient and desirable pedestrian connects to the rest of Lionshead. The most viable site for a public parking facilify wou/d still be the Maintenance Yard/Holy Cross parcels. With the re-/ocation of the Frontage Road lift access out of fhe old Amoco/BP site wouid not require a grade separated pedestrian crossing to the Maintenance Yard/Ho/y Cross parce/s. This alternative would a/so present the greafest range of possibilities for relocating or enhancing Red Sandstone Creek. A strong east-west oriented pedestrian corridor with ground f/oor retail • uses would be necessary to create a strong connecfion between this area and the rest of Lionshead. c. Frontaae Road Reali_qnment behind fhe Mainfenance Yard and Holy Cross site This alternative would involve the same "development program" etements ouilined about and would accomplish many of the same benefits of the "full" Frontage Road realignment Foremost among these benefits is the ability to integrafe fhe Maintenance Yard and Holy Cross site with the rest of Lionshead. However, the Vail Professional Building/Cascade Crossing and the Glen Lyon Office Building I as stand a/one development parce/s. ~ Gonsefidated , , Th-R . , should « » , ~ . geneFatien. The > > haa 17 ~ • this , sk4 traX , theFe , single tFansit step. 5.18 O/d Town Shops The old town shops site tias had 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 were thought to be appropriate for the site, but it was recognized they were all axe not compatib/e. ~npute~ se~wse~a~~- • . In 2003 the Eagle River Water and Sanitation District purchased the old town shops site. The site was redeveloped with a surface parking lot. Additionally, in 2004 Vail Resorts constructed a bridge across the Gore Creek from this site to provide possible future mountain operations access to Vail Mountain. 5.20 Eagle River Water and Sanitafion 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 thaf the treatment facilities will remain in their existing /ocation. A viable alternative to relocating the entire building would be to relocate the District's offices and construct "air-rights" development above and around the treatment facility. 5.21 Tract K, Glen Lyon Subdivision and Town Owned Stream Tract, and one Unplatted Parcel soufh of Gore Creek These town-owned parcels are located a/ong 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 mountain operations access routes and skier ~ access through these parcels during winter months should be considered to link West Lionshead with Vail Mountain. 18 • III. BACKGROUND On June 4, 1996, the VaiI 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 two new zone districts, Lionshead Mixed Use 1 and 2, which 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 was a proposal to locate a ski lift adjacent to the new structure. The Town recognized the potential impact of a new ski Iift on the Town as a whole, 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. It was agreed that the appropriate method to review a potential new ski lift in the area was to pursue an amendment to the Lionshead Redevelopment Master Plan. It was also agreed that potential existed to incorporate several new parcels recently purchase by Vail Resorts into the Master Plan study area at the time of this amendment to the Plan. On November 10, 2005, the Lionshead Redevelopment Master Plan amendment committee assembled to provide input on a possible amendment to the Lionshead Redevelopment Master Plan held the 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, the applicants held an open house at the Vail Mountain Marriott 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 19 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 on the existing Vail Village and Lionshead commercial cores. 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 were presented. No text amendments were proposed 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 have been incorporated into the text found in Section V of this memorandum. On March 13, 2006, the Commission held a public hearing to discuss the proposed amendments to the Lionshead Redevelopment Master Plan. The comments were as follows: • Concern was expressed that the term "employee housing" had been stricken from several locations within the Master Plan recommendations for this area. It was suggested that 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. Some members . believed that including a large number of employee housing units in a ski- in ski-out project would be difficult and suggested that a pay in-lieu program would possibly satisfy the need for employee housing. • It was discussed whether or not the Timber Ridge redevelopment should be mentioned in the Master Plan. • The need for the Simba Run vehicular underpass was discussed. • A need for clarity on the number of parking spaces associated with the proposed new West Lionshead parking structure was discussed. • Discussed the need for an express bus between the major portals. • Discussed the need for viable skier drop-off within the proposal. • Concern about the correct retail mix to insure year-round viability. • Discussed taller building heights along the South Frontage Road and scale/step down to the Gore Creek. • Discussed the opportunity to separate elements of the ski schools to alleviate traffic congestion at Golden Peak. On October 9, 2006, the commission held a public hearing to discuss the proposed amendments to the Lionshead Redevelopment Master Plan. The comments were as follows: • Questions were raised regarding employee housing on the Vail Resorts service yard and Holy Cross Lot. It was expressed that the language may be requiring the site to be the location of a greater number of employee/locals housing than would be required by any Code requirement the Council may pass. • 20 . • Stated that more of the employee housing language should remain within the text. Several Commission members believed a greater number of employee/locals housing should be incorporated into any redevelopment of the West Lionshead area. This would add to the viability of the new area. • Believed the east bound exit off I-70 was still a good idea and should remain within the Master Plan. • Concern over the continued expansion of the Master Plan and the associated zoning further west. There was some concern expressed over the inclusion of the Glen Lyon Office Building and the Cascade development. • Concern was expressed that the expansion of retail/commercial in this area had not been proven to be successful. • Concern about not having seen the traffic report/study the Public Works Department had been working on from the main Vail exit to west Vail exit. On November 7, 2006, Staff went to the Town Council to address a concern expressed by the Commission regarding employee housing on the Holy Cross and Service Yard sites. The Commission has questioned the meaning of the existing language of Section 4.9.4.3 and Section 5.17, regarding housing on the Holy Cross and Service Yard sites. Several members of the Commission had indicated that it was their interpretation that the existing language identifying the sites as a"promising" location for "high density" housing eluded to the need for the property owner to not only to provide any employee housing required by + Code but possibly more than was required. The Town Council was informed of this concern of the Commission and it was clarified by the Council and Town Attorney that in no circumstance could an owner/developer of private property be required to construct more employee housing than required by Code for their development. IV. ROLES OF THE REVIEWING BOARDS Lionshead Redevelopment 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 I and the policies, goals and objectives outlined in the Lionshead Redevelo ment Master Plan and other applicable master Plan P 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 21 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. V. APPLICABLE PLANNING DOCUMENTS This section of the memorandum contains portion of the Lionshead Redevelopment Master which are pertinent to the application and proposed to be amended. 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 c/ass resort experience. Lionshead's economic potential has been inhibited by a number of recurrent themes: • Lack of Growth in accommodation units ("hof beds'); • Poor retail quality; • Deterioration of existing buildings; • Uninteresting and disconnected pedestrian environment; • Mediocre architectural character; and the • Absence of incentives for redevelopment. This masfer 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 p/an outlines the Town's objectives and goals for the enhancement of Lionshead and proposes recommendation, incentives, and requirements for redevelopment and new development." . 22 ~ 2.2 Definition of a Master Plan In the development of the Lionshead Master P/an, 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 articu/ates 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 impleirmented through zoning ordinances. Existing zoning and land use codes may be 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 deve/opment 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 public notices and public hearings. A proposa/'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 fhe 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 I arts venues, conference facilities, ice rinks, streetscape, ~ parks and other recreational improvements. 23 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 additiona/ bed base ("live beds" or "warm beds') through new lodging products. 2.3.4 /mproved 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. 6 Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be ~ identified so that adequate capita/ may be raised from all possible sources to fund desired private and public improvements. VI. LAND USE ANALYSIS Zoning and Land Use Designation Analysis Existing Potential New Master Existing Potential New Plan Study Parcel Zoning Zoning Land Use Land Use Area Designation Designation Status Vail Resorts Lionshead Community Lionshead Maintenance Mixed Use-2 LMU-1 or 2 Office Redevelopment Included Facility (LMU-2) Master Plan Community Lionshead Holy Cross Site LMU-2 LMU-1 or 2 Office Redevelopment Included Master Plan BP/Amoco Gas Community Lionshead Station LMU-2 LMU-1 or 2 Office Redevelopment Included Master Plan Eagle River Water Lionshead and Sanitation General Use General Use Community Redevelopment Included ~ District or LMU-1 or 2 Office Master Plan 24 • Vail Professional Arteriai Communit Lionshead Building Business LMU-1 or 2 Office y Redevelopment Proposed Master Plan Cascade Arterial Community Lionshead Crossing Business LMU-1 or 2 Office Redevelopment Proposed Master Plan Glen Lyon Office Special Community Lionshead Building Development LMU-1 or 2 Office Redevelopment Proposed District No. 4 Master Plan Tract K, Glen Special Special Lionshead Lyon Subdivision Devetopment Development Open Space Redevelopment Proposed District No. 4 District No. 4 Master Plan Outdoor Outdoor Town Owned Recreation Recreation Lionshead Unplatted Parcels and Natural and Natural Open Space Redevelopment Proposed Area Area Master Plan Preservation Preservation Natural Area Natural Area Lionshead Stream Tract preservation Preservation Open Space Redevelopment Proposed Master Plan Development Statistics ~ Existing Existing Existing Potential Potential Potential Parcel/Size height Maximum New height Maximum Zoning limits Density Zoning limits Density Vail Resorts Lionshead , 124 DUs, Maintenance Max 82.5 No No No Facility/3.55 Mixed Use-2 Avg. 71' 386,595 sf Change Change Change acres (LMU-2) GRFA Holy Cross -2 Max 82.5' 35 DUs, 108,900 sf No No No Site/1.24 acres LMU Avg. 71' GRFA Change Change Change BP/Amoco Gas 32 DUs, Max 82.5, No No No Station/0.94 LMU-2 Avg. 71' 54,450 sf Change Change Change acres G RFA Eagle River Water and Prescribed Prescribed by LMU-1 or Max 65 DUs, Sanitation General Use by the PEC the PEC LMU-2 82•5 163,350 sf District/1.88 Avg.71' GRFA . acres Vail Professional Arterial Max 40' Type III Conditional EHUs LMU-1 or Max 31 DUs, Building/0.89 gusiness 70% at 32 Use, 23,261 sf LMU-2 82•5 96,921 sf acres or less GRFA Avg. 71' GRFA Cascade Max 40' Type III Conditional EHUs LMU-1 or Max 35 DUs, ~ Crossing/1.02 Arterial gusiness 70% at 32' Use, 23,261 sf LMU-2 82•5' 98,010 sf acres or less GRFA Avg. 71' GRFA 25 Glen Lyon Office Per the No DUs, No LMU-1 or No 61 DUs, • Building/1.75 SDD No. 4 Approved GRFA LMU-2 Change 163,350 sf acres Plan GRFA Tract K, Glen Perthe SDD No. 4 Approved No DUs, No SDD No. No No Lyon Subdivision Plan GRFA 4 Change Change Outdoor Outdoor Recreation Max 24' in Recreatio Town Owned Not Applicable n and (OR) and OR, Not No No Unplatted Parcels in both zoning Natural Natural Area Applicable Change Change (tw0) Preservation in NAPD districts Area (NAPD) Preservat ion Natural Stream Tract Natural Area Not Not Applicable Area No No Preservation Applicable Preservat Change Change ion 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 detailed recommendations for development within the "West Lionshead" area. 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. . 26 . The possibility of a ski lift, the construction of a bridge substantial enough to support the weight of snow cats adjacent to the Eagle River Sanitation Plant, 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 changes 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 orriission 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. In addition, the Master Plan identifies as a goal the removal of snow-cats from West Forrest Road and the gaining of access across Tract K of the Glen Lyon Subdivision, however, Tract K and the stream tract were not included within the boundaries of the Master Plan. The logic of comprehensive Master Planning dictates that the study area to the west should include the remaining parcels. ' 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 institutions, and medical offices. The design of these facilities would be oriented to vehicular access and parking." As this designation is consistent with the Vail Land Use Plan designations for the western portion of Lionshead, staff believes that the addition of the new parcels previousty 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: 2.3.1 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 27 coherent identity, a sense of place, a personality, a . purpose, and an improved aesthetic characfer. 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 ?ncreased Live Beds ln order fo 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 tratfic must be improved within and through Lionshead. 2.3.5 Improved lnfrastructure 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 fiscaily realistic strategies must be identified so that adequate capital may be raised from ail 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 Planning and ~ Environmental Commission forwards a recommendation of approval, with conditions to the Vail Town Council of a proposed amendment to the 28 • 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 WesULot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unpfatted parcels (a more complete legal description is available at the Community Development Department. 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 conditions be made as part of the motion: 1. The applicant shall have revised copies of the Llonshead Redevelopment Master Plan supplemental Maps A through W addressing all changes created by the text amendment prior to being scheduled for reading of a Resolution to adopt the changes to the Master Plan. 2. The applicant shall canduct and provide a retaillcommercial market study which analyzes the retail/commercial to be proposed with the redevelopment in West Llonshead in conjunction with any conditional • use permit for a new lift in West Lionshead. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions of the applicants' request, staff recommends that the following finding be made as part of the motion: "The Commission finds that the proposed text and map amendments fo the Lionshead Redevelopment Master Plan comply with the review criteria outlined in Secfion Vll of the memorandum to the Planning and Environmental Commission, dated November 13, 2006, and that the amendments, as proposed, further the goals, objectives and policies, as stated in Chapter 2 of the Lionshead Redevelopment Master Plan. " IX. ATTACHMNENTS A. Map of area proposed for inclusion in the Lionshead Redevelopment Master Plan with this amendment B. Proposed Figure 4-9 C. Proposed Figure 4-9a D. Proposed Figure 4-9b • i 29 ~ 4 r ~yk O W > : ~ a , ~ r ,t ~ a Aj t= t,. J ; . 3 ao; ~ a ax~ r- 01~ ~W Z ~ ~arv~ W ~ ~~L~.~ `.7~ y~ ~3 ~y ~ AY • a w. 'GJ•,~ ~ , p. ~ ' .j 1 ~ i'y, ~ P5 i , ~ d 1j J ~"h ~ _ ~t?' 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'rr^& -c~ i 2 O Z O ~ W Q Z ~ ~ w i H H ~ ~ ~ ¢ 0 ~ ~ ~ • ~t, ~ ~ 1 . ~ • • Figure 4-9b Attachment: D ~ f Oall OMWNDepartment of Community Development 75 South Frontage Road Yail, Colorado 81657 970-479-2138 FAX 970-479-2452 www.vailgov.com October 26, 2006 Vail Cascade Residences, LLC ~c/o Steve Lindstrom PO Box 1127 Avon, Colorado 81620 and Town of Vail Planning and Environmental Commission and Adjacent Property Owners: • Re: Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SDD No. 4, Cascade Village, pursuant to Section 12- 9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved building Plans for the Vail Cascade Residences (Cascade movie theaters and Colorado Mountain College), located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. (PEC06-0075) Applicant: Vail Cascade Residences, LLC, represented by Mauriello Planning Group Planner: Warren Campbell Dear Mr. Lindstrom, PEC members, and adjacent property owners: On October 16, 2006, Vail Cascade Residences, LLC, represented by the Mauriello Planning Group, submitted an application to the Town of Vail Community Development Department for a minor amendment to Special Development District No. 4, Cascade Village. The purpose of the minor amendment is to allow for the Approved Development Plan to be amended to address Design Review Board comments and errors found in a previous survey. 1. DESCRIPTION OF THE REQUEST The applicant, Vail Cascade Residences, LLC, represented by the Mauriello Planning Group, have requested a minor amendment to Special Development District No. 4, Cascade Village, to allow for modifications to the approved building Plans for the Vail Cascade • Residences (Cascade movie theaters and Colorado Mountain College), located at 1310 Westhaven Drive/Cascade Village. The purpose of the minor amendment is to allow for the relocation of Gross Residential Floor Area (GRFA), office and commercial square footage approved for the conversion of the Cascade movie theaters and Colorado Mountain College ~ f ACYCLED PAPER 1 } into eleven (11) condominiums, offices, and commercial space. The need to relocate • GRFA, office, and commercial square footage approved for Area A of the Cascade Village Special Development District by Ordinance No. 33, Series of 2005, resulted from several public hearings with the Design Review Board which requested that greater architectural interest be created on the exterior of the structure and a surveying error which found that portions of the approved development plan were located within the Town's right-of-way. Per the proposed plans, there is no net change in the total number of dwelling units. There is a reduction in the GRFQ from 31,065 square feet to 30,934 square feet, for a decrease of 131 square feet. In addition, there was a reduction in the amount of office square footage from 2,573 square feet to 2,103 square feet, for a decrease of 470 square feet. There are minor changes to the north elevation to allow for greater architectural interest on the elevation per the Design Review Board comments. These changes have been conceptually reviewed by the Design Review Board; however, final approval is still required. A copy of the revised Plans approved by Staff is attached for reference (Attachment A). The plans show areas of changed in differing hatched patterns. A"minor amendment" is defined as: "Modifications to building plans, sife or landscape plans that do not alter the basic intent and character of the approved specia/ development district, and are consistent with the design criteria of this Chapter. Minor amendments may include, but not be limited to, variations of not more than five feet (5) to approved setbacks and/or building foofprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the special development district; or • changes to gross floor area (excluding residential uses) of not more than five percent (5%) of the approved square footage of retail, office, common areas and other nonresidential floor area, except as provided under Sections 12-15-4 (Interior Conversions) or 12-15-5 (250 Additional GRFA) of fhis Title. II. CRITERIA AND FINDINGS A. Section 12-9A-2: Minor Amendment (staff review): modifications to building plans that do not alter the basic intent and character of the approved special development district and are consistent with the design criteria of this Chapter. Staff finds that approval of this minor amendment request does not alter the basic intent and character of Special Development District No. 4, Cascade Village. As stated above, there is no change in the total number of dwelling units and a reduction in the approved GRFA of 131 square feet. The addition does change the approved setbacks by less than five (5) feet and the amount of retail/commercial floor area by less than five (5) percent within the whole of Area A of the Special Development District. B. Section 12-9A-10: Minor modifications consistent with the design criteria outlined in subsection 12-9A-2 may be approved by the Department of Community Development. Notification of a proposed minor amendment and a report of staff action shall be provided to alt property owners within or • adjacent to the district that may be affected by the amendment. Notification shall be postmarked no later than 5 day following staff action on the amendment and shall include a brief statement describing the amendment and 2 f . the time and date of when the Planning and Environmental Commission will be informed of the staff decision. Notification of the public hearing and a summary of the request has been provided to all adjacent property owners. III. PROCEDURE Section 12-9A-10, Amendment Procedures, Vail Town Code, provides the procedure for a minor amendment to a Special Development District. The procedure is as follows: 12-9A-10: AMENDMENT PROCEDURES: A. Minor Amendments: 1. Minor modifications consistent with the design criteria outlined in subsection 12-9A-2 (definition of "minor amendment') of this Article, may be approved by the Department of Community Development. All minor modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development. 2. Notification of a proposed minor amendment, and a report of staff action of said request, shall be provided to all property owners within or adjacent to the special development district thaf may be affected by the amendment. Affected properties shall be as determined by the Department of Community Development. Notifications shall be • posfmarked no later than five (5) days following staff action on the amendment request and shall include a brief statement describing fhe amendmenf and the time and date of when the Planning and Environmental Commission will be informed of the staff decision. In a!1 cases the report to the Planning and Environmental Commission shall be made within fwenty (20) days from the date of the staffs decision on the requested amendment. 3. Appeals of staff decisions may be filed by adjacent property owners, owners of property within the special development district, the applicant, Planning and Environmental Commission members or members of fhe Town. Council as outlined in Section 12-3-3 of this Title. Based upon review of the criteria and findings in Article 12-9A, Special Development District, Vail Town Code, staff finds the above-referenced amendment to Special Development District No. 4 is approved with two conditions in accordance with the procedures as identified in Section 12-9A-10, Amendment Procedures, Vail Town Code. The conditions are as follows: 1) That the Applicant receives final review and approval of the proposed exterior changes by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 2) That the applicant shall submit an amended condominium plat for Area A of Special Development District No. 4, Vail Cascade, for review and approvai prior to requesting a temporary certificate of occupancy or certificate of occupancy. • Staff's approval of this minor special development district amendment will be reported at a public hearing before the Town of Vail Planning and Environmental Commission on Monday, November 13, 2006, at 1:00 p.m. in the Vail Town Council Chambers, located at 75 South Frontage Road. The Planning and Environmental Commission reserves the right to "call up" this staff decision for 3 r additional review at this hearing. • Pursuant to Section 12-9A-10, Vail Town Code, appeals of staff decisions may be filed by adjacent property owners, owners of property within the special development district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in Section 12-3-3, Appeals, Vail Town Code. Should you have any questions, please do not hesitate to contact me at 970-479-2148. 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' ^ fi ~ • ~ , ..M l ( i +a yu~' ..w C~ i^ ~ ~W ~ ~i. !~q` ~.•`-~~~~L' k~ ~ wF.T,$,L,'I ,'Y: +F~~ 1 ~ ~ ~ 1~ • . . ~ ~ x ~i ~ 4'o n.~ u ~ 'Y ? ~ n:.:j~, Y I PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING IUWKpFy~ 1:00pm ~ October 23, 2006 TOWN COUNCIL CHAMBERS / PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Anne Gunion Chas Bernhardt Doug Cahill Rollie Kjesbo Bill Jewitt Dick Cleveland Site Visits: 1. One Willow Bridge - 1 Willow Bridge Road 2. Lionshead Parking Structure - 395 East Lionshead Circle Driver: George Public Hearing - Town Council Chambers 15 minutes 1. A request for a worksession to discuss a conditional use permit, pursuant to Section 12-7A-3, • Conditional Uses, Vail Town Code, to allow for a business office (real estate), located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PEC06- 0066) Applicant: Vail Dover Associates, LLC, represented by Mauriello Planning Group Planner: Warren Campbell ACTION: Tabfed to November 13, 2006 MOTION: Cleveland SECOND: Pierce VOTE: 7-0-0 15 minutes 2. A request for a worksession to discuss a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC06-0068) Applicant: Town of Vail, on behalf of All Mountain Sports, LLC Planner: Bill Gibson ACTION: Tabled to November 13, 2006 MOTION: Kjesbo SECOND: Pierce VOTE: 7-0-0 The Commission felt that the service was needed and felt that instead of rezoning triggering the termination of the use, they would rather see it be the demolition of the parking structure. The concern being that it may be years after a rezoning that a structure is constructed on the parking structure site. A concern was raised about the appearance of the space from the exterior windows and stuff being pilled in front of the windows. • Bill Jewitt was concerned about being fair if the site was rezoned and allowing a use which was not allowed in other locations within the same zone district. Page 1 I 30 minutes 3. A request for a recommendation to the Vail Town Council of an amendment to the Town of Vail Streetscape Master plan, pursuant to Chapter 1, Master Plan Process, to relocate Checkpoint ~ Charlie, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Greg Hall Planner: George Ruther ACTION: Table to November 13, 2006 MOTION: Kjesbo SECOND: Pierce VOTE: 7-0-0 4. A request for a worksession to discuss a proposed 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 WesULot 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 November 13, 2006 MOTION: Cleveland SECOND: Pierce VOTE: 7-0-0 5. A request for a recommendation to the Vail Town Council of a proposal to establish Special Development District No. 40, pursuant to Article 12-9(A), Special Development Districts, Vail ' Town Code, to allow for the redevelopment of the Willows Condominiums, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1St Filing, and setting forth details in regard thereto. • (PEC06-0061) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed ACTION: Tabled to November 13, 2006 MOTION: Cleveland SECOND: Pierce VOTE: 7-0-0 6. A request for final review of a conditional use permif pursuant to• Section 12-61-1-3, Conditional Uses, allow for the construction of timeshare estate units, fractional fee units and timeshare license units, located at 74 Willow Road/Lot 8 Block 6, Vail Viliage Filing 15t Filing, and setting forth details in regard thereto. (PEC06-0062) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed ACTION: Tabled to November 13, 2006 MOTION: Cleveland SECOND: Pierce VOTE: 7-0-0 7. A request for a recommendation to the Vail Town Council of a proposed text amendment to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for professional offices and business offices, as conditional uses in the Residential Cluster Zone District, and setting forth details in regard thereto. (PEC06-0065) Applicant: Booth Creek Management Corporation Planner: Elisabeth Reed ACTION: Table to November 13, 2006 ~ MOTION: Cleveland SECOND: Pierce VOTE: 7-0-0 Page 2 8. 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 the locating of a proposed "quasi- ~ public" ski club containing commercial ski storage on the third floor of a structure in the Commercial Core I district is not permitted or listed as a conditional use within Section 12-9C-3, Permitted and Conditional Uses; Above Second Floor, Vail Town Code, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0067) Applicant: Remonov & Company, Inc. Planner: Warren Campbell ACTION: Withdrawn 9. Approval of October 9, 2006 minutes MOTION: Jewitt SECOND: Cleveland VOTE: 6-0-1 (Kjesbo recused) 10. Information Update 11. Vail Transportation Master Plan Presentation - Greg Hall 12. Adjournment MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for 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 October 20, 2006, in the Vail Daily. • Page 3 niIs rrEM Mnr AFFECTYOUR PROPERTY ' • ~ PUBLIC NOTICE II NOTICE IS HEREBY GIVEN that and ErnrironmeMal Commissiai of the I will 1755 noa a hean~g fi a[:cord~ce wen seca«~ , 12-3-6, ail Tam Code, on Nwember 13. 2008, ffi PROOF OF PUBLICATION 1:00 pm in the Town of VaH Municipal BuilNng, in on dera ot: consi 4 A request tor a worksession to disCUSS a cbrWidon- STATE OF COLORADO } ai ~ v~~.•P~~~ tO ~on 12-7A-3, c«~e~- tional Uses, Vaii Town Code, M alluw tw s Misi- } ness orfice (reat estam), locatea at I w&w Bridge SS. Roed/Ld 2, Sonnenalp Suedvision, and setOnB forth details in regard thereto. (PEC06-0066) sented by Mauriello Planning Group COUNTY OF EAGLE } "p~''~~`: Vai1 °o"ef °~~`m. "c. Planner. Warren Campbetl I _ • • "J1 _v\ai- I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same e6wqoN xoo e11ewPeiu03 d n Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and I`paySlW"* 141e1lied oo*oos6s,LsS has a general circulation therein; that said newspaper has been published continuously and yaEq nM La!M uPag uninterru tedl in said Count of Ea le for a eriod of more than fift -two consecutive weeks next rior uun ~uer~,y;e ~ pue suun woaP2q P Y Y g P Y P euo Z'sliun eleiedes £)1eeJ0 eJo~ to the first publication of the annexed legal notice or advertisement and that said newspaper has uo 6wplmq Me4 enbiun yg£/48£ _ Published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under i~ Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every 39aiamw? ~ number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of WOO-S°U1OHMANIIeA uv ~ zete-ezs-ote m~s9~'~ ooo`ss9U ~ said notice was in the issue of said newspaper dated October 27 A.D. 2006 and that the last publication i~l II~'' „~„r,s ' ~lamb'8 el~d'eJOw'8 Punos P~euols of said notice was in the issue of said newspaper dated October 27 A.D. 2006. J~ ~?s sw~a I s~oog euols 9 ~y wu~s P woisrb e ep~+~ ue?d j n , " X4 ~~siNe ~ in B lN~ PB~ '8 ~N4 ~d° eB~g~ uewsl{~ In witness whereof has here unto set my hand this 17th day November, 20 eu,o~u 3LOts Pub ener~ anager/Editor Subscribed and sworn to before me, a notary public in and for the Courity of Eagle, Sta ~ of Colorado this 17th November, 2006. Pafhela Joan Schultk', d„a,C) e181S31iiiiia S90~0=1 ~ Notary Public tE09't£E'016 ,~PRY PV ~ w?ON A4 aWGrw O et 000`6YSs , My Commission expires: November 1' 2007 jees isnw'86ROM ~ i w uopeool iueJuenuoo s PM sanP oPuoo • moi.smein wByywS •eQnueB snid jeo ~~1 S~ Z e~~ 5 8~4/yJedad syl d ° ed jo /G.~ed ~ ° Atnq eun i~l 81R ~l I~eV _ ! e ~ ise~6 e si eouep~se~ 1!un Wa siyl ~ n > ~z, a ~'Pll i~PNPIlM 000£ m` a° a~ ~ • ~ . ~ i 1768 PROOF OF PUBLICATION Riva Riage Norm relo Waik to Lionshead - Views to Vaii ~ Wfth Vail Village at your doorstep, this Mountain. GORGEOUS REMODELED I charming 1.500 square foot property is 2BD, 2BA, 1 st Floor with patio. Designer STATE OF COLORADO i comprised oi 3BD13 Full baths, 3 besutrful finishes & appliances, Granit counter tops, J dedcs surtounded by mature aspen and Custom Alder cabinets, doors and trim. } SS, pine trees, endearing hand painted Beautiful River Rodc Wood Burning FP. cabinetry, hardwood floors, wood COiTNTY OF EAGLE } fireplace, and attractive fumishings. $795,000 Fumished c $3,469,000-Furnished Kimberly M Yashek 870390-1424 Joni WhiteTaylor 970-477-5300 Keller Williams Mountain Properties I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same 16- Sonnenalp Real Estate Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, WESTVAIL WESTVAIL 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 p to the frst 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 - -uWn Colorado's Home Rule provision. 1524 Buffehr Creek Roed 1815 West Gore Creek Dr That the annexed legal notice or advertisement was published in the regular and entire issue of 3 Bed 2 Bath Partially Fumished Beautiful MOTIVATED SELLER stand alone residence offenng 3BD, 2 50,000 PRICE REDUCTION number of said daily newspaper for the period of 1 consecutive insertions; and that the first ublica Wood fireplaces, vaulted ceilings, s pr;vate One of the least expensive homes in Vail. p hot tub. Cornenient amenities include Half duplex, West Vail South overlooking tennis courts artd a full size swimming creek. 38D/2BA, large decks. said notice was in the issue of said newspaper dated November 10 A.D. 2006 and that the last publi Pool• Located minutes from Vaii Village $675,000 without the sights arnf sounds of I-701 of said notice was in the issue of said newspaper dated November 10 A.D. 006. $595'000 Cornect Joni WhiteTaylor Call Laddie Clark (970)845-9599 Sonnenalp Real Estate Alpine Resort Real Estate (970)477-5300 In witness whereof has here unto set my hand this 17th day Nove r, 20 6 WILDERNEST WILDRI~e Publi / eneral Manager/Editor Subscribed and sworn to before me, a notary public in and for the County o,Eagle, State of Colora 3 17th November, 2006. ~ ~ - Uni ue three bedroom, rivo bath condo- azssA wnaridge Rd w. minium at Silver Queen East. Top floor, Expansive views, sunsets from this Pamel,'7oan Schul ~uited ceilings, great views and vacant. gorgeous DP high on the top of Widridge. ,RY pV All HOA documents can be viewed oniine 36D/3.5BA, 2465sqft, great room, at www.wildernesthoa.com. oversize heated 2 car, in-floor heat, huge Notary Pu round deck, hardwoods, granite, j $246'000 wrap a V er suite~ Excei dlent floor finishes, plan t % Eva 8arry 970-406-1430 see mast My Commission expires: November 1, 200 oxered at s7e5,000 Prudential O'Brien 8 Associates ; ~MEEA J- ; Real Estate Help-U-Sell Mountsin Realty summitrealestate~bluebottle.com 970-926-$AVE(7263) Adcodefi 42WILD ~ ~LMULTZ ~ www.HUSMountainRealty.com • • ~~~'].,p~t~A f0~•' ' C PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • ~ November 27, 2006 T~111(~yAlj, • 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Doug Cahill Site Visits: No site visits scheduled Driver: George Public Hearing - Town Council Chambers 10 minutes 1. 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. (PEC06-0077) Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: ~ 20 minutes ~ 2. A request for a final recommendation of a proposed amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master ~ Pian, 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 3. A request for a recommendation to the Vail Town Council of an amendment to the Town of Vail Streetscape Master plan, pursuant to Chapter 1, Master Plan Process, to relocate Checkpoint Charlie, and setting forth details in regard thereto. (PEC06-0078) • Applicant: Town of Vai4, represented by Greg Hall Planner: George Ruther ACTION: Table to December 11, 2006 MOTION: SECOND: VOTE: 4. A reques# for a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Landmark Condominiums; and a request for a final review of variances from Sections 12-71-1-10, Setbacks, 12-71-1-14, Site Coverage, and 12-71-1-15, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an underground parking structure and a staircase within the setbacks, and deviations from the maximum site coverage and minimum landscape area requirements, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0074) Applicant: Landmark Condominium Association, Inc., represented by Geoff Wright Planner: Bill Gibson ACTION: Table to December 11, 2006 MOTION: SECOND: VOTE: 5. Approval of November 13, 2006 minutes MOTION: SECOND: VOTE: 6. Information Update 7. Adjournment • MOTfON: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for 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 II Published November 24, 2006, in the Vail Daily. ~ I I II ~ Page 2 ~ . MEMORANDUM • TO: Planning and Environmental Commission FROM: Department of Community Development DATE: November 27, 2006 SUBJECT: 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 1300 Westhaven Drive/Special Devefopment District No. 4, Cascade Village, Area A, and setting forth details in regard thereto. (PEC06-0077) Applicant: Vai( Cascade Resort and Spa, represented by Don MacLachlan Planner: Bill Gibson t. 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 for conferences and conventions during intermittent periods of 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 VII 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 February of 2005 the applicant received Planning and Environmental Commission approval of a conditional use permit allowing the use of three existing indoor tennis courts for conferences and conventions during the year 2005. This conditional use permit will expire on December 31, 2005. The applicant has submitted a new conditional use permit application to allow similar use of the tennis facility for conferences and conventions in the year 2006. The applicant is proposing six confirmed events and two tentative events (Attachment B). 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 facility into additional spa facilities. 1 e • The Vail Cascade Resort and Spa has consistently used the tennis facility 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. • At its February 14, 2005 public hearing, the Planning and Environmental Commission approved a similar Conditional Use Permit to allow for the use of the Cascade tennis facility for conference uses with the following conditions: "1. That there will be no parking allowed along the South Frontage Road, Donovan Park, or Westhaven Drive during any conference or convention evenfs held in association with this Condifional Use Permit approval. 2. This conditional use permit approval shall expire on 12131105. 3. Additional conventions may be held during 2005, if in compliance with the criteria and findings within the staff inemorandum for this CUP dated February 14, 2005. " IV. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpdse: • 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. B. 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 efficienf 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 va/ues. 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 wiih structures. ~ 8. To safeguard and enhance fhe appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirab/e natural features. 2 f ! 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 fo 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 the various districts may be permitfed 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. V. 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 I does not alter the existing lot area and site dimensions, setbacks, buildirig height and bulk, density, gross residential floor area (GRFA), site coverage, or landscaping and site development. Staff is recommending conditions of approval related to parking (i.e. a parking/shuttle plan requirement and prohibiting conference parking along the South Frontage Road, Westhaven Drive, or at Donovan Park). i VI, SURROUNDING LAND USES AND ZONING Land Use Zonin 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 VI1. 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. 3 r ~ Staff believes the proposed conditional use permit is consistent with the development objectives of the Town. Using the tennis facility 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 in comparison to existing conditions. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that the proposed conversion will not negatively impact the above criterion as the proposed conference events will be attended exclusively by guests of the resort. Staff is recommending conditions of approval related to parking that establish a parking/shuttle plan requirement and prohibit conference parking along the South Frontage Road, Westhaven Drive, or at Donovan Park. 4. Effect upon the character of the area in which the proposed use is to be located, including the sca{e and bulk of the proposed use in refation to • surrounding uses. The Planning and Environmental Commission approved a similar conditional use permit at its February 14, 2005, public hearing which is scheduled to expire on December 31, 2006. VII1. 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, Conditional Uses, to allow for the temporary use of the tennis faci{ity 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. Staff's 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 P/anning and Environmental Commission approves, with conditions, a conditional use permit, pursuant to Chapter 12-16, Conditional Uses, to allow for the iemporary use of the tennis facility for conferences and conventions, located ~ at 1300 Westhaven Drive/Special Development District No. 4, Cascade Village, Area A, and setting forth details in regard thereto,' subject to the following conditions: 4 , r 1. There shall be no parking al/owed along the South Frontage Road or Westhaven Drive or at Donovan Park for any conference or convention event • held in association with this conditional use permit approval. 2. Prior to the applicant's use of the tennis facility for any conference or convention event in 2006, the applicant must obtain Town of Vail Fire Department "pre-approval"of the conference or convention venue. 3. Should any conference or convention involving attendees who are not the exclusive hotel guests of the Vail Cascade Resort and Spa, the applicant must obtain Town of Vail approval of a parking and shuttle plan prior to the use of the tennis facility for that conference or convention event. 4. Additional conventions may be held during 2006, if in compliance with the criteria and findings within the staff inemorandum for this condifional use permit dated November 27, 2006. 5. This conditional use permit approval sha!! expire on December 37, 2006. " Shouid 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 November 27, 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 Drstrict 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 health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed temporary use, located at 1300 Westhaven Drive (Vail Cascade Resort and Spa)/Area A, Cascade Village comply wrth each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code, as referenced by Section V of this Staff inemorandum to the Plannrng and Environmental Commission dated November27, 2006. IX. ATTACHMENTS A. Vicinity Map ~ B. Applicant's Request C. Public Notice • I 5 I ' ~ ~3 ~ • ~ ~Y ~ _ ~y e . • 23 . ~ k~~ _ ~ i r:~~ ~ ~ ~ ~ ~ ~ ~ • ~ ~ .Y~ AA • Y ~ ~ •~l ~r~~ . • a ~ , s^' ~'tt ! r~uSr~Xa~~'.. , . C . . s ~ ' , . '+t ~ ~ '~t°% • # t : . r~^~~ ~ , , i 3F C t~ yt ~ a 5 ~ . d ~ ~ `i 2 • rx - . ~ ° , R .~r t~, 9 ~ ' • ~ - ~ " ~ • ~~T . ~ ~ ~ *,Lv~ > ~ • ~ ~ . , , . `°y~~6.y • ~ ~ ~liS~ • wl~ • ~ ~ ~ . ~ • . / ~ . I ~ ~ ~ ~ ~ ? ''Ir y : . ? ~ . ~ ~ ' . . l' % .1~ ~ ~ .~'Y, 0~,` ' • . ~ . ~ ~ . ' ' ~ ~~~F,,, ~ h'1.• . } f t1T`Z ~ i 1' Z. "5 yy ~f' ~ # .1NP.: xr~' d 1 Attachment B • Addendum to Application for Conditional Use Permit Vail Cascade Resort & Spa October 18, 2006 These are dates that we would be holding events in the tennis courts: DEFINITE GROUP Zimmer January 18 - 22 Event on January 21 Verizon March 9- 15 Events on March 13 • SkiTam March 29-April 2 Event on April 1 IBC September 11-17 Events on September 14, 15 and 16 Grease Monkey September 19-24 Event on September 21 AIA October 30 - November 5 Events on November 1- 3 TENTATIVES I AWWA April 1- 6 Events on Apri13 and 4 I Coors January 12 - 18 Events on January 13, 14 and 15 • I t Attachment C - • AFFECT OVMI~ ,~~THIS ITEM MA UBL C NOTICER PROPERTY NOTICE IS HEREBY G1VEN that the Planning and Environmental Commission of the Town of Vaii wiil hold a pubiic hearing in accordance with section 12-3-6, Vail Town Code, on November 27, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A reguest for a final review of a conditional use permit, pursuant to Chapter 12-16, \G~ 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. (PEC06-0077) Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan 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 ca11 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 November 10, 2006, in the Vail Daily. . • ~ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 27, 2006 SUBJECT: A request for a final recommendation of a proposed 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 detaifs in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Company, Town of Vail, and Glen Lyon Office Building General Partnership Planner: Warren Campbell • 1. SUMMARY The applicants, Vail Resorts Development Company, Town of Vail, and the Glen Lyon Office Building General Partnership, are requesting a final recommendation of a proposed 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 Gfen 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 to amend the text of several chapters of the Master Plan, ' Chapter 4, Master Plan Recommendations, and Chapter 5, Detailed Plan ' Recommendations, of the Plan to include detailed recommendations for the subject parcels. An additional purpose of the amendment is to adopt detailed plan recommendations for the properties. The purpose of the amendment 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. 1 ~ Based upon Staff's review of the criteria outlined in Section VII of this • memorandum and the evidence and testimony presented, the Community Development Department recommends the Commission forward a recommendation of approval, with conditions to the Town Council regarding the proposed amendments to the Lionshead Redevelopment Master Plan. II. DESCRIPTION OF THE REQUEST The applicants, Vail Resorts Development Company, Town of Vail, and the Glen Lyon Office Building General Partnership, are requesting a final recommendation of proposed amendments to the Lionshead Redevelopment Master Plan to the Town Council. 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 one unplatted parcels. A map of the area to be added to the Lionshead Redevelopment Master Plan study boundary, "West Lionshead" (Attachment A) has been attached for reference. ln 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 parcefs. The proposed amendments to the text are included at the end of this section of the • memorandum. The proposed amendments have been prompted by recent changes to the existing conditions within the West Lionshead area. Vail Resorts has purchased three parcels of land which together have created opportunities for redevelopment that were not possible during the preparation of the Lionshead ' Redevelopment Master Plan. The primary opportunity is the creation 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 three additional parcels of land which should be incorporated into the Plan in the process, as the current text of the Lionshead Redevelopment Master Plan discuss potential future uses that impact the II parcels, however, they are not included in the study area boundaries. Several of the parcels included in the West Lionshead area are currently within the existing study area boundary. Those properties include Vail Resork's Maintenance site, the Holy Cross site, the Eagle River Water and Sanitation District site, and the former 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 Town-owned stream tract and one 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 2 Master Plan and to adopt detail plan recommendations for the properties. The • purpose of the amendment is NOT to amend or otherwise alter the overall goals, objectives and policies stated in the Master Plan. The proposed amendments are indicated in bold (additions) and (deletions) as follows: Chapter 4, 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 (fhat 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 fhe hubs overlap somewhat, there is no consistenf and comprehensive pedestrian connection between them. The primary goal of the master plan is to create a visually rnteresting and functionally effrcient pedestrian envrronment that connects the hubs to create a cohesive and memorable resort environment. 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, a former gas station, the Vail Professional Building, Cascade Crossing, the Glen Lyon Office Building and Tract K of fhe G/en Lyon Subdivision, a portion of stream tract, and two unplatted parce/s adjacent fo Tract K to the south of Gore Creek. This area of Lionshead is generally under ufilized and from an aesthetic standpoint is nof in keeping with what the Town would like to see Lionshead become as it redeve/ops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment shou/d not diminish the square footage of existing office and retail square footage in West Lionshead. With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part of Lionshead. Lift service brings with if great potential for the re-development of fhis area and in doing so expand all of Lionshead to the west with improved pedestrian connecfions, new retail and office acrivity and other improvements. While lift access will certainly energize this area during the winter months, attention should be given to creafing a year-round attraction within this area of Lionshead (see detailed plan recommendations in Chapter 5) Uses • 3 inGr-eased > eWleyee > offiGe r mountain f . • The master plan recommends that fhis hub become a residential/ mixed use area with an emphasis on meeting the needs of both the local community and our guests. Appropriate uses could include high density ~eal estate residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or fransif functions and a ski lift connection to Vail Mountain. The cata/yst for this mixed use hub is ski lift access to Vail Mountain. ar-ea: Consideration should be given to integrating employee housing into the redeve/opment of West Lionshead in accordance with fhe Town's emp/oyee housing policies and regulations. 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. The degree of north-south building orientation may be difficu/t given the re/atively narrow east-west orientation of this area. In addition, the introduction of ski lift ' access in this location creafes an #hexe-is-the opportunity for a undergr-esfructured 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 fhe existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard wX could be reduced in size, as some functions can be moved to /ess central locations. lf may also be possib/e 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. 4.5 Public Transportation An efficient transit system is critical to the character and environmental quality of any pedestrian-oriented resort. Goals identified by the master plan regarding transit include: 4.5.1 Connection to West Lionshead West Lionshead consists of the West Day Lot, fhe Vail Associates service center, the sanitation plant, aRd the Holy Cross lot, the former gas station, the Vail Professiona/ Buiiding, Cascade Crossing, the Glen Lyon Office Building, Tract K of the G/en Lyon Subdivision, the Town owned Gore Creek sfream tract, and two Town owned unplatted parce/s to the south of Gore • Creek. Because it is an area of potentially significant growth, it is 4 imporfant that it be fully integrafed into the Town of Vail in-fe~p • fransit system. The West Lionshead properties are at the outside edge of the acceptable walking distance to the ski yard (9200 feet). T-his-, , . With a mixed use development in the area which integrates a ski portal, retail space, office space and residential development, transit service to this area and interconnections to other portals will be critical to develop in the future. !n addition, the update of the Vail Transportation Master P/an shall provide direction on the ultimate /ocation of a Lionshead Transif Facility a/ong with needed interconnections befween ski portals, regional fransit stops, and other transportation modes. The addition of a ski lift in this area would make this area more viab/e to redeve/opment as it wou/d be within the accepfable wa/king distance of a lift (1,200 feet). 4.5.2 Maximum Efficiency and Utilizatron The following recommendations are made fo enhance the efficiency and functionality of the Lionshead transit connections in anticipation of future redevelopment in the area: 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. lf may be possible to locate e/emenfs of a regional transit stop in the West Lionshead area in conjunction with a new ski lift and parking facility. However, given ifs /ocation on the periphery of Lionshead, this area may not be the mosf viab/e /ocation for a ~ regional transit stop. Notwithstanding the above, facilities for skier drop-off, private shuttle vans and Town of Vail in-town buses shou/d be included in fhe design of the ski lift and parking facilify. In 2006 the Town of Vail initiated an update of fhe Vail Transportation Master Plan. !n addition, the Town ~ initiated a development competition for the Lionshead Parking Structure redevelopmenf, which would include a transit facility. It is anficipated that the Transportation Master ' P/an updafe a/ong with fhe conclusion of the Lionshead Parking Structure redevelopment process will provide direction on the ultimate location for a Lionshead Transit I • 5 Facility and/or the type of transit facilities that may be • necessary in West Lionshead. 4.6 Vehicular and Pedestrian Circulation 4.6. 9 Interstate Highway 70 1-70 is the primary vehicular circulation corridor for the Vail Valley and is critically important to the economic healfh of the Vail communify. 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 1-70 through fhe Town of Vail be sfudied and the pofenfial benefifs and impacts considered. Specifically, consideration should be given to securing the air-righfs over I-70 so that future development and circulation scenarios are not precluded. 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 tratfic • 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 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 conflicfing furning movements. There are three viable alternatives far the alignmenf of the Fronfage Road and each has implications on how West Lionshead could re-development in the future. One alternative is for the Fronfage Road to remain in its exisfing /ocation. The ofher two a/ternatives involve the Frontage Road shifting to abut the interstate right-of-way. Each of these a/ternatives is depicted on the following pages and is further discussed in section 5.17. . 6 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 consideratron for the development concepfually depicted in figures 4-9, 4-9a, 4-9b, and it would be necessary if the service yard property is used for a secondary ' public parking s#r-UGtur-e facility or other uses. Any existing parking on the West Day Lot must be replaced within the Lionshead study area. Through the Transportation Master P/an update it is anticipated fhat a significant traffic control device will need to be instal/ed in the Wesf Lionshead area. Such a device may include a round about Specific considerations regarding realignment are. a. Proposed Alignment The proposed realignment of the South Frontage Road is depicted in figures 4-9a and 4-9b. Critical design issues include the width of the road and the radius of the curves. Both of these factors will be important in reducing fhe speed of vehicles entering the Lionshead area and the amount of land consumed • by the two curved road sections. If fhe Frontage Road re-alignment depicted in Figure 4-9b is pursued, the Vail Professional Building, Cascade Crossing and Glen Lyon Office Building would add to this contiguous deve/opment parcel. This alternative would require cooperation between different property owners and also involve extensive coordination of deve/opment phasing. As such, it is possib/e that the relocation of the Frontage Road itself could be done in more than one phase, e.g. Realignment as depicted in Figure 4-9a imp/emenfed first with a second re-alignment phase fo imp/emenf as depicted in Figure 4-9b. Staff has attached the proposed figures for review at the end of the memorandum (Attachments B, C, and D) b. Wesf Lionshead Circle Connection It is proposed that West Lionshead Circle connecf back to the frontage road at the west side of the Vail Spa. The alignmenf depicted in figure 4-9 terminates I perpendicular to the frontage road and does not require the acpuisition of Private PropertY. A new parcel of developable land, suitable for offices or non- resort retail, would be created on the southeast corner of this intersection. ~ 7 c. Forest Road Connection • Forest Road could be realigned to cross fhrough the newly created development parcel, providing access to that site and connecting at right angles to the frontage road. Another alternative that should be considered is to connect Forest Road to West Lionshead Circle via the existing Frontage Road right-of-way. 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 a through- transit route to the west end of Lionshead and a/so keeps in place the existing utility corridor. e. Feasibility of Realignment The ability to realign the frontage road will be heavily infiuenced 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 recansfruction 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. . , ~ ' ~ ~ ~ . , ~ • main. . 8 4.6.7 Simba Run Underpass . Currenfly the Town of Vail has only two north/south access points between the North Frontage Road and South Frontage Road between Main Vail and West Vail. For several years it has been contemp/ated thaf an addifional north/south connection be established just west of Cascade Crossing. The potential need for this underpass may be accelerated as a resu/t of the Town's redeve/opment p/ans for Timber Ridge, West Vail and West Lionshead. The redevelopment of the West Lionshead area should be done in a manner that encourages this new connection to be esfablished at some point in the future. It is recommended that the proposed amendments to the Vail Transportation Master Plan provide direction on when public improvemenfs on the Frontage Road need to occur and how they are paid for between public and private funds. 4.8 Parking 4.8.3 Public Parking 4.8.3.3 Potential New Parking Sites To respond to the projected parking demand increase discussed in the traffic study, it is strongly recommended fhat all town-wide parking opportunities be examined or • re-examined prior to any final planning or parking consfruction. Specific public parking opportunities in Lionshead include: a. Lionshead Parking Structure The exrsting Lionshead parking structure is a logicai 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. I , A self-ventilating split deck structure, the garage has six half decks, each holding approximately 200 vehicles (1,200 spaces in total). The addition of one complete level wouid 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 9 remove the snow storage area presently used. • Alternatives include heating the upper deck, providing for an alternate snow remova/ access road to the upper deck, and construction of a roof over the entire structure. Pubiic input during the master plan process has indicated the importance of the eastward view, across the top of the parking structure, toward fhe Vaii Village as motorists travel east along the Soufh Frontage Road and I-70. Future expansion plans of the Lionshead parking structure should consider the potenfial impacts expansion could have on this view plane. Also an issue is the necessary strucfural reinforcement of the existing facility to support the weight of additional decks. b. West Lionshead The construction of a sesene? new public parking s#rws#we facility 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 (excepf for fhe Vai/ Associates maintenance yard) and is large enough fo meef 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 would be enhanced by bringing lift service fo this area. The construction of a new public parking facility would address the existing deficiency of off-street parking on peak days and the shifting demand of parking created by the introduction of a new ski lift in West Lionshead. it is anticipated thaf ' the new public parking structure would contain a approximate/y 400 public parking spaces, which would be in excess of any parking requirements generated by proposed deve/opment. The update of the Vail Transportation Plan should provide final ~ direcfion on the location and quantity of additional ~ public parking spaces in fhe Town of Vail. The location of additiona/ public parking should consider where parking is most optimal for both guests and employees, year round utilization, mountain operations, and overall traffic circulafion. Potential . Qwner-ship. . • 10 • . • . , timing - - •--Ggs~ • T' i^?~he 6ions."ea .Y,a&W .,?~g;,,.,-Fules , ep---the sfte. . fho c+izo rerriremenfq of a neui uiesf l rgnghaarl , ~ . , pFebable, i I n~ I . f l / ' Genven . . Given the 444S location for a this majer parking stFUsture facility, it had been assumed that must have regular transit or shuttle service would be necessary because of its distance from the retail core area and fhe ski yard (greater than a 1200-foot walking radius). , However, the location of the parking sfructure , • would be proximate to fhe new !ik and as such ' 11 the need for regu/ar shutt/e service wou/d be ~ minimized. However, some provisions for bus stops and/or a fransit facility should be considered for the parking sfructure. 4.9 Housing 4.9.4 Potential Housing Sites Following are specific sites that have been identified as suitable for locals and employee housing (see Map tN}. 4.9.4.3 Vail Associates Service Yard and the Holy Cross Site, Vail Professional Building, Cascade Crossing, G/en Lyon Office Building, and the former gas station site Any re-development of West Lionshead wiii need to conform to the Town's housing policies and requirements. ln order to create activity and vibrancy in West Lionshead it may be appropriate to include some dispersed employee housing opportunities for permanent /oca/ residents in proposed developmenfs in the area consistent with these po/icies. The North Day /ot is considered to be fhe preferred /ocation for a significant housing project in Lionshead to replace the Sunbird affordab/e housing project and provide housing for ~ new employee generation. lt should a/so be recognized fhat the Town as part of the Deve/opment Improvement Agreement for the Arrabelle requested that Vai! Resorts work with the Town to evaluate options to redevelop the Timber Ridge affordable housing project in lieu of providing ' significant housing in Llonshead. II • However-, . , . AddWonalty, . , . t, ~ 12 ~ . , Density The site otfers a unique opportunity to achieve significant density. While it is important that buildings here be visually consistent with the overall character of Lionshead, the desire to maximize the housing potential may make appropriate the following deviations from standard development parameters. First, it may be appropriate to allow for a greater overall buildrng height than is otherwise allowed under the Lionshead Architectural Design Guidelines. Any increase in building height will need to be reviewed on a case by case basis by the Town of Vail, and any eventual building height will still need to be visually appropriate for this location. Second, it is recommended that the standards for density (units per acre) be increased at this location to allow for a greater number of employee housing units. Third, it may be appropriate to reduce the parking requirements for . employee housing at this location. 4.9.4.4 Red Sandstone Parkinq Area The parking lot and Town of Vail transit stop at the base of the Red Sandsfone Elementary school were identified as a potential site for employee or locals housing because of its proximity to the elementary school, the 1-70 pedestrian overpass and the transit stop. However, the access (vehicular and pedestrian), safety and functional programming needs of the ~ elementary school must take priority in any potential I housing development scenario. 4.9.4.5 Old Town Shops The Old Town Shops, located just west of the Vail sanitation plant, were identified as potential employee housing locations during the master planning process. There are, however, other significant demands on this sife, including potential expansion of the sanitation plant and the need for a new snowcat mountain access , route from the Vail Associates service yard. In addition, the presence of the sanitafion plant on one side and the existing gas station on the other reduces the desirability of this location for employee or /oca/s housing. • ~ 13 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 soufh 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 infend fo limit or eliminafe ideas relating to specific parcels; any proposals consistent with this framework should be considered even if they are nof 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. 5.9 North Day Lot The north day lot should be developed as a community transportation center fo consolidate skier drop-off, local and regional transit, local and regional private shutties, and charter bus drop-off and pick-up (see figure 5-13). A below-grade service and delivery facility could be constructed underneath the transit facility. By relocating these functions from their existing locafions fo one easily accessible location, this would improve the quality of vehicular and pedestrian circulation in Lionshead and create a significant new pedestrian portal into the center of the Lionshead retail mall. Based upon the results of the traffic study (see appendix A), the conceptual program for this facility is as follows: a. Skier drop-off.• Nine spaces are recommended at a minimum, i but more should be built if possible to accommodate other program elements. b. Town of Vail transit: Two bus spaces are recommended to accommodate the West Vail transit loop and the possibility for an eastbound in-town shuftle stop. c. Regional transit: One bus space is recommerided d. Charter buses: Three fo four bus spaces are recommended. e. Loca/ and regional shuttles: Four shuttle van spaces are recommended at a minimum. A critical consideration in the planning and design of this facility will be its impact on the adjacent Landmark Tower and Townhomes and the Westwind. Depicted in figure 5-13a, a linear building is recommended at the southern edge of the site to screen the lower levels of the Landmark Tower from the transit center. This facility could house a bus shelter and waifing area, an information center, public restrooms, a small food and beverage operation, and an elevator core to the pedestrian mall level for ADA access needs. To the east, earthwork, landscaping, and/ or other screening measures should be considered to buffer the Westwind. A more comprehensive solution is fo cover the facility with another level or two of development - perhaps for offices or employee housing - or with a roof. (Memorable European antecedents exist for grand, covered transportation centers.) Specifically, the design of the transportation center should address all impacts: visual, security, sound, and smell that ~ may affect adjacent properties. Both the Westwind and the Landmark 14 I should be closely involved in the transit center planning and design ~ process. Since fhe adoption of the Lionshead Master Redevelopment Plan, plans were deve/oped to /ocate a Transit Cenfer at the North Day Lot Integrating the number of uses mentioned above and addressing the neighborhood concerns regarding a transit center prompted the Town of Vail to evaluate alternative locations for a transit center. Alternative locations include: 1. West Lionshead 2. Lionshead Parking Strucfure 3. North Day Lot In 2005 fhe Town of Vail initiafed an update of the Vail Transportation Master P/an. ln addition, the Town initiated a development competition for the Lionshead Parking Structure which wou/d include a transit facility. It is recommended fhat the update Transportation Master P/an update along with the conclusion of the Lionshead Parking Structure RFP process provide direction on the ~ ultimafe location for a Lionshead Transit Facility. I~ 5.17 West Day Lot/ Vai! Associates Service Yard/ Holy Cross Site/BP-Amoco Site /Vail Professional Building/ Cascade Crossing/ Glen Lyon Office II Building I ~ Planning for the western end of Lionshead must consider twe three I different scenarios: the realignment of South Frontage Road behind the Mainfenance Yard and Ho/y Cross site, the realignment of the ' Frontage Road behind the enfire West Lionshead area, and its retention in the existing alignment. While the introduction of lift service is viable in either of fhese Frontage Road alternatives, site design will vary depending upon ~ what happens to the Frontage Road. See Figures 4-9, 4-9a, and 4-9b , for the Frontage Road realignment alternatives. Notwifhstanding, , regardless of Frontage Road scenarios there should be "no net loss" of existing retail or office square footage as a result of the redevelopmenf 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. As compared to a separate, free-sfanding portal, West Lionshead is considered a part of the greater Lionshead area. In order for this area to be successfu/, it is important to have a strong pedestrian connection with the rest of Lionshead. A sfrong connection along the Gore Creek corridor already exists. Streetscape improvements a/ong Wesf Lionshead Circle between Concert Hall Plaza (currently 15 I the western end of Lionshead refai/ influence) and the Ritz-Carlton ~ Residences will sfrengthen existing conditions and in doing so improve fhe viability of mixed uses in West Lionshead. Improvements to street lighting, wa/king surfaces, seafing areas and public art are just some examples of what cou/d strengthen this corridor. The development of a strong pedestrian connection between the Lionshead Core area and the western side of Lionshead will encourage pedestrian activity in this area and in doing so will energize all of West Lionshead. During the winter months the ski !ift and associated parking will generate significant traffic and activity. However, consideration should be given fo how Wesf Lionshead can ' be an active and vibrant p/ace year-round. This can be accomplished a number of ways. For examp/e, quality architecture , and the creation of appealing outdoor spaces in and of ifse/f will , encourage peop/e to visit this area. This could be reinforced by a well-crafted program of speciaity retailers, office, and restaurants. An active program of public art, residential units that are used for "artists in residence" ; a culinary school, improved access to Gore Creek or Red Sandstone Creek for fishing or other purposes or specific recreation features such as a climbing wall are just some examp/es of design e/ements or land uses that cou/d create a cafa/yst for activity. ~ lt is assumed that the development standards of Lionshead Mixed ~ Use 1 or 2 will guide the design of redevelopment in this area. Notwithstanding the height allowances of these zone districts, I'I buiiding height and sca/e shou/d be responsive to the Core Creek corridor, the interstate, and how building massing transitions at the wesfern end of Lionshead. Buildings should "step down" significantly from allowable height limits of the Lionshead Mixed Use zone district at both the westernmost end of Wesf Lionshead and along Gore Creek. Buildings fronting directly along Gore Creek and the western end of Lionshead shou/d express three to four levels before "stepping back" to faller building mass. On the lnterstate side of this area building design should be articulated to avoid large expanses of shear/unbroken wall planes. i a. Refention of Existin_q Frontaqe Road Ali_qnment lf the Frontage Road remains in its current /ocation the Maintenance Yard/Ho/y Cross parcels, the Vail Professional Building/Cascade Crossing and the G/en Lyon Office Building all remain viable development sites. The most viabie site for a public parking facility would be the Maintenance Yard/Ha/y Cross parcels. While other lift /ocations are feasib/e, the o/d Amoco/BP site is a viab/e location for a base ferminal. This location would require a grade separated pedestrian crossing to the Maintenance Yard/Holy Cross parce/s. A strong east- west oriented pedestrian corridor with ground f/oor retail ~ uses would be necessary to create a strong connection 16 between this area and the rest of Lionshead. Under this ~ Frontage Road scenario the Vail Professiona/ Building and Cascade Crossing could be developed as a contiguous parcel and G/en Lyon Office Building would re-develop as a free- standing development site. In both cases it is assumed development would conform with the Lionshead Mixed Use / zoning. The Holy Cross site and ifhe Vail Professional Building both abut Red Sandstone Creek. Any redevelopment of these parcels shou/d consider how the Creek can be enhanced and made an asset or amenity of the redevelopment. b. Fronfa_qe Road RealiQnment the Entire Len_qth of West Lionshead Sfudv Area This realignment a/ternative is the most complex to accomplish but also presents the most opportunities in that it results in one very large and contiguous development parcel. It a/so creates the best pedestrian environment in creating an extension of the Lionshead Retail area. This alternative would a/so allow for the most convenient and desirable pedestrian connects to the rest of Lionshead. The mosf viable site for a public parking facility would still be the Maintenance Yard/Holy Cross parcels. With the re-location of the Fronfage Road lift access out of the old Amoco/BP site wou/d not require a grade separafed pedestrian crossing to • the Maintenance Yard/Holy Cross parcels. This alternative would also present the greatest range of possibilities for relocating and/or enhancing Red Sandstone Creek to make it more accessib/e to the community and an aesthetically pleasing water feature. A strong east-west oriented pedestrian corridor with ground f/oor retail uses would be necessary to create a strong connection between fhis area and the rest of Lionshead. c. Frontape Road Reali_qnment behind the Maintenance Yard and Ho/v Cross site ~ This a/ternative would invo/ve the same "deve/opment ~ program" elements outlined above and would accomplish ~ many of the same benefits of the "full" Frontage Road realignmenf. Foremost among these benefits is the ability to integrate the Maintenance Yard and Holy Cross site with the rest of Lionshead. However, fhe Vail Professional ~ Building/Cascade Crossing and the Glen Lyon Office Building as stand a/one development parce/s. , , r-eaggprn-Apt of seuth F.Fentage Read wN agigw these pFepei4es tO be GonseWated for Gfevelopment wh n9ainta4*g a tFansit 60nneG69n thFough the prepe4y. WMip the GOnisekdateGf parGe~, ' • . . ' 17 I The , , ~ » , The geneFation. , , has thiS , , &IH-~g if SouM AFentage Read is not Fea#gned p4qr- to bu#deut on this ege, theFe II , ~ ' dWer-ent. II I sfp!Ele tFaA&lt-St6p: 5.18 Old Town Shops The old town shops site #as had 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 were thought to be appropriate for the site, but it was recognized they were all aFe not compatible. Input*e~a sew4se`~a+'~ . In 2003 the Eagle River Water and Sanitation Districf purchased the old town shops site. The site was redeveloped with a surface parking lot. Additionally, in 2004 Vail Resorts construcfed a bridge across the Gore Creek from this site fo provide possible future mountain operations access to Vail Mountain. 5.20 Eag/e River Water and Sanitation District While fhis parcel wou/d cerfain/y be a viabie deve/opment site, the costs to relocate uses at this site, particu/arly the treatment facilities, are very significant. For this reason it is assumed that the treatment facilities will remain in their existing /ocation. A viable a/ternative to relocating the entire huilding wou/d be to re/ocate the District's offices and construct "air-rights" deve/opment above and around the freatmenf facility. 5.21 Tract K, Glen Lyon Subdivision and Town Owned Stream Tract, and ~ one Unplatted Parcel south of Gore Creek I 18 ~ These town-owned parcels are located along and south of Gore Creek. While they are included in the Lionshead study area, no buildings or "vertical" deve/opment is contemp/ated for these parcels. Potential mountain operafions and skier access through these parcels during winter months should be considered to link West Lionshead with Vail Mountain. 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 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 I~ Redevelopment Master Plan. A primary goal of the Master Plan was to establish two new zone districts, Lionshead Mixed Use 1 and 2, which further the goais, 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 was a proposal to locate a ski lift ' adjacent to the new structure. The Town recognized the potential impact of a. new ski lift on the Town as a whole, 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. ~ It was agreed that the appropriate method to review a potential new ski lift in the area was to pursue an amendment to the Lionshead Redevelopment Master Plan. It was also agreed that potential existed to incorporate severai new parcels ~ recently purchase by Vail Resorts into the Master Plan study area at the time of this amendment to the Plan. On November 10, 2005, the Lionshead Redevelopment Master Plan amendment committee assembled to provide input on a possible amendment to the ' Lionshead Redevelopment Master Plan held the 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. ~I On JanuarY 16, 2006, Vail Resorts Development Company, the Town of Vail, and I . the Glen Lyon Office Building General Partnership submitted an application to the Town of Vail Community Development Department proposing an amendment I 19 to the boundaries of the Lionshead Redevelopment Master Plan Study Area to ~ include the "West Lionshead" area. On January 26, 2006, the applicants held an open house at the Vail Mountain Marriott for the community as a whole to discuss the proposal. Approximately fifty individuals discussed the potential probfems 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 on the existing Vail Village and Lionshead commercial cores. 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 I scenarios for relocating the South Frontage Road West and redeveloping the parcels included for inclusion in the Lionshead Redevelopment Master P1an were presented. No text amendments were proposed 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 have been incorporated into the text found in Section V of this memorandum. On March 13, 2006, the Commission held a public hearing to discuss the • proposed amendments to the Lionshead Redevelopment Master Plan. The comments were as follows: • Concern was expressed that the term "employee housing" had been stricken from several locations within the Master Plan recommendations for this area. It was suggested that 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. Some members believed that including a large number of employee housing units in a ski- in ski-out project would be difficult and suggested that a pay in-lieu program would possibly satisfy the need for employee housing. • It was discussed whether or not the Timber Ridge redevelopment should be mentioned in the Master Plan. • The need for the Simba Run vehicular underpass was discussed. • A need for clarity on the number of parking spaces associated with the proposed new West Lionshead parking structure was discussed. • Discussed the need for an express bus befinreen the major portals. • Discussed the need for viable skier drop-off within the proposal. • Concern about the correct retail mix to insure year-round viability. • Discussed taller building heights along the South Frontage Road and ~ scale/step down to the Gore Creek. • Discussed the opportunity to separate elements of the ski schools to alleviate traffic congestion at Golden Peak. • 20 On October 9, 2006, the Commission held a public hearing to discuss the ~ proposed amendments to the Lionshead Redevelopment Master Plan. The comments were as follows: • Questions were raised regarding employee housing on the Vail Resorts service yard and Holy Cross Lot. It was expressed that the language may be requiring the site to be the location of a greater number of employee/locals housing than would be required by any Code requirement the Council may pass. • Stated that more of the employee housing language should remain within the text. Several Commission members believed a greater number of emp(oyee/locals housing should be incorporated into any redevelopment of the West Lionshead area. This would add to the viability of the new area. • Believed the east bound exit off I-70 was still a good idea and should remain within the Master Plan. • Concern over the continued expansion of the Master Plan and the associated zoning further west. There was some concern expressed over the inclusion of the Glen Lyon Office Building and the Cascade development. • Concern was expressed that the expansion of retail/commercial in this area had not been proven to be successful. • Concern about not having seen the traffic report/study the Public Works Department had been working on from the main Vail exit to west Vail exit. On November 7, 2006, Staff went to the Town Council to address a concern ~ expressed by the Commission regarding employee housing on the Holy Cross and Service Yard sites. The Commission has questioned the meaning of the ting language of Section 4.9.4.3 and Section 5.17, regarding housing on the exis Holy Cross and Service Yard sites. Several members of the Commission had ' indicated that it was their interpretation that the existing language identifying the ' sites as a"promising" location for "high density" housing eluded to the need for i the property owner to not only to provide any employee housing required by Code but possibly more than was required. The Town Council was informed of this concern of the Commission and it was clarified by the Council and Town Attorney that in no circumstance could an owner/developer of private property be , required to construct more employee housing than required by Code for their , development. On November 13, 2006, the Planning and Environmental Commission held a ~ public hearing to discuss the proposed amendments to the Lionshead ' Redevelopment Master Plan. The comments were as follows: ~ • The proposed language for the Simba Run underpass should "encourage" the construction of the connection of the Frontage Roads. • The proposed language should include greater description on how ' structures should "step-down" to the Gore Creek and western end of West Lionshead. • Several members expressed concern over the expansion of the Master ~ Plan boundaries and zoning west of Red Sandstone Creek. I~ • 21 I IV. ROLES OF THE REVIEWING BOARDS ~ Lionshead Redevelopment 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 ob}ectives 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 a11 submittal requirements are provided. The staff advises the applicant as to consistency of the proposed amendment with applicab{e 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 shafl review and approve the proposal based on the consistency of the I~ 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. V. APPLICABLE PLANNING DOCUMENTS This section of the memorandum contains portion of the Lionshead Redevelopment Master which are pertinent to the application and proposed to be amended. Lionshead Redevelopment Master Plan (in part) Chapter 2, Introduction I 2.1 Purpose of the Master Plan "This master plan was initiated by the Town of Vail fo 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 - II 22 ~ 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 retarl 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 objecfives and goa/s 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 fufure 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 redevelopmenf 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 may be 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 developmenf proposal will have to go fhrough the applicable development review and approval process, with its attendant 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 statf, 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 ~ 23 . 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 Redevelopmenf Lionshead can and should be renewed and redeveloped fo 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 acfivities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. I 2.3.3 Stronger Economic Base Through Increased Live Beds II , In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead musf promote improved . occupancy rates and the creation of additional bed base ~ i ("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 musf be improved wifhin and through Lionshead. 2.3.5 lmproved 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. 2.3.6 Creative Financing for Enhanced Private Profits and Pubiic Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from a!1 possible sources to fund desired private and public improvements. ~ 24 VI. LAND USE ANALYSIS ~ Zoning and Land Use Designation Analysis Existing Potential New Existing Potentiat New Master Parcel Zoning Zoning Land Use Land Use Plan Study Designation Designation Area Status Vail Resorts Lionshead Community Lionshead Maintenance Mixed Use-2 LMU-1 or 2 Office Redevelopment Included Facility (LMU-2) Master Plan Community Lionshead Holy Cross Site LMU-2 LMU-1 or 2 Office Redevelopment Included Master Plan ' BP/Amoco Gas Community Lionshead Station LMU-2 LMU-1 or 2 Office Redevelopment Included I Master Plan Eagle River Water General Use Community Lionshead and Sanitation General Use or LMU-1 or 2 Office Redevelopment Included ' District Master Plan y Lionshead Vail Professional Arterial Communit Building Business LMU-1 or 2 Office Redevelopment Proposed Master Plan Arterial Community Lionshead Cascade Crossing LMU-1 or 2 Redevelopment Proposed i Business Office Master Plan ~ Special Lionshead Glen Lyon Office Development Community LMU-1 or 2 Redevelopment Proposed Building District No. 4 Office Master Plan SDD No. 4 Tract K, Glen Lionshead Lyon Subdivision SDD No. 4 SDD No. 4 Open Space Redevelopment Proposed Master Plan Outdoor Recreation Lionshead I Town Owned (OR) and OR and NAPD Open Space Redevelopment Proposed 'I Unplatted Parcels Natural Area Master Plan Preservation NAPD Lionshead Stream Tract NAPD NAPD Open Space Redevelopment Proposed Master Plan ~ 25 Development Statistics ~ Existing Existing Existing Potential Potential Potential Parcel/Size height Maximum New height Maximum Zoning limits Density Zoning limits Density Vail Resorts Lionshead , 124 DUs, Maintenance Max 82.5 No No No Facility/3.55 Mixed Use-2 Avg. 71' 386,595 sf Change Change Change acres (LMU-2) GRFA Holy Cross -2 Max 82.5' 35 DUs, 108,900 sf No No No Site/1.24 acres LMU Avg. 71' GRFA Change Change Change BP/Amoco Gas Max 82.5' 32 DUs, No No No Station/0.94 LMU-2 Avg. 71' 54,450 sf Change Change Change I acres GRFA Eagle River Water and Max 65 DUs, Sanitation General Use Prescribed Prescribed by LMU-1 or by the PEC the PEC 82 5' 163,350 sf DistricU1.88 LMU-2 Avg. 71' GRFA acres Vail Professional Max 40' Type III EHUs Max 31 DUs, Building/0.89 Arterial 70% at 32' Conditional LMU-1 or 82 5' 96,921 sf acres Business or less Use, 23,261 sf LMU-2 Avg. 71' GRFA GRFA ~ Cascade Max 40' Type III EHUs Max 35 DUs, Arterial Conditional LMU-1 or Crossing/1.02 70% at 32' 82.5' 98,010 sf _ acres Business or less Use, 23,261 sf LMU-2 Avg. 71' GRFA GRFA Glen Lyon Office Per the 61 DUs, Building/1.75 SDD No. 4 Approved No DUs, No LMU-1 or No 163,350 sf acres Plan GRFA LMU-2 Change GRFA Tract K, Glen Per the No DUs, No SDD No. No No SDD No. 4 Approved Lyon Subdivision Plan GRFA 4 Change Change ~ Outdoor Outdoor Recreation Max 24' in Recreatio ' Town Owned (OR) and OR, Not Not Applicable n and No No ~ Unplatted Parcels in both zoning Natural Natural Area Applicable Change Change (tw0) Preservation in NAPD districts Area (NAPD) Preservat ion Natural Stream Tract NAPD Not Not Applicable Area No No Applicable Preservat Change Change ion 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 26 Area, and Chapter 5, Detailed Plan Recommendations of the Plan, to include ~ detailed recommendations for development within the "West Lionshead" area. 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 folfowing 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 adjacent to the Eagle River Sanitation Plant, 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 changes that have occurred in the area since the original draft oi 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 Professionaf 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. In addition, the Master Plan identifies as a goal the removal of snow-cats from West Forrest Road and the gaining of access across Tract K of the Glen Lyon Subdivision, however, Tract K and the stream tract were not included within the boundaries of the Master Plan. The logic of comprehensive Master Planning • dictates that the study area to the west should include the remaining parcels. 27 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 institutions, and medical offices. The design of these facilities would be oriented to vehicular access and parking." As this designation is consistent with the Vail 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 foAowing policy objectives which staff believes are applicable to this application: 2.3.9 Renewa/ and Redeve/opment . Lionshead can and should be renewed and redeveloped to become a warmer, more vibranf environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of p/ace, 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 communify interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, sfreefscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through lncreased Live Beds In order to enhance the vitality and viability of Vail, renewa/ 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 Circu/ation 7he flow of pedestrian, vehicular, bicycle and mass transit • traffic must be improved wifhin and fhrough Lionshead. 28 . 2.3.5 lmproved lnfrastructure The infrastructure of Lionshead (streets, walkways, transportafion 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 fo 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 sfrafegies must be identified so thaf adequate capital may be raised from all ' possib/e 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. Vlfl. 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 a proposed 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. 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 fonrvard a recommendation of approval, with conditions of the applicants' request, staff recommends that the following conditions be made as part of the motion: 1. The applicant shall have revised copies of the Llonshead Redevelopment Master Plan supplemental Maps A through W addressing all changes created by the text amendment prior to being scheduled for reading of a Resolution to adopt the changes to the Master Plan. ~ 29 2. The applicant shall revise Figures 4-9, 4-9a, and 4-9b to show the ~ location of the proposed Simba Run underpass prior to being scheduled for reading of a Resolution to adopt the changes to the Master Plan. 3. The applicant shall conduct and provide a retail/commercial market study which analyzes the retail/commercial to be proposed with the redevelopment in West Llonshead in conjunction with any conditional use permit for a new lift in West Lionshead. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditians of the applicants' request, staff recommends that the following finding be made as part of the motion: "The Commission finds that the proposed fext and map amendments to ' the Lionshead Redevelopment Master Plan comply with the review criteria outlined in Section VII of fhe memorandum to the Planning and Environmenta/ Commission, dated November 13, 2006, and that fhe amendments, as proposed, further fhe goals, objectives and policies, as stated in Chapter 2 of the Lionshead Redevelopment Master P/an. " 1X. ATTACHMNENTS A. Map of area proposed for inclusion in the Lionshead Redevelopment Master Plan with this amendment ~ B. Proposed Figure 4-9 C. Proposed Figure 4-9a D. Proposed Figure 4-9b ~ 30 y w dir , r 2 6 LLl a • ~y . = d ~ { ~::=1 t ; ,~",J. p 2 Vi t ~ ~W ~ ~y F" ~aa { ~ ' i G~.=CG, . ~ ~rs2i:~~ I !a?tij' . 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' s w ~ Z ~ t S , ti 21:: h c [ll w' Z "~.,yg;. ,.~^a`eF^ ~~ai 6iu. Q X p 0e it ~ m V 7 \ • - ~ . - i 1 ~ ~4 ~ , . V~ w ~ ` . , V „y y . , . ~ ¦ z ~n F cr, 3~ W LL v: \ "`tt ~ Z cc . 7 a LL ' ~ l\`~ ~ y,. 1 ~ -r ` • Q ~ N X O' ~ a . ~ ~ . ` V 5 _•yj ~ m 7 0 O 4, V) o F-- ~ U O ae Z 0 Z ? u+ d Z 0 ~ 0 a a V ~ cn V a ¢ a`i ~ i \ I 1 . Figure 4-9 Attachment: B PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING • November 13, 2006 TpW11rOF VAtI.' 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Doug Cahill Chas Bernhardt Dick Cleveland Anne Gunion Biil Jewitt Rollie Kjesbo Bill Pierce No sites visited Public Hearing - Town Councii Chambers 5 minutes 1. A request for a final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a ski storage facility, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC06-0068) Applicant: Town of Vail, on behalf of All Mountain Sports, LLC Planner: Bill Gibson ACTION: Approved with conditions MOTION: Kjesbo SECOND: Jewitt VOTE: 5-0-0 CONDITIONS: • 1. This conditional use permit approval shall expire and become void upon expiration or termination of the lease agreement between the applicant and the Town of Vail. 2. The hours of operation for this ski storage facility shall occur no earlier than 6:OOAM and no later than 10:OOPM daily. 3. The applicant must obtain Town of Vail design review approval for any exterior signage and/or lighting for this ski storage facility. Bill Gibson presented the project according to the memorandum. The applicant, Phil Horseman, was available for questions. No new information had surfaced since the worksession, he commented. No public comments were added. Dick Cleveland asked about Staff's rationale for defining hours. Bill Gibson noted that the Commission could delete the hours recommended in the memorandum. Doug Cahill agreed with the Staff memorandum. 5 minutes 2. A request for a final review of a variance, from Section 12-6D-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-7, Variances, Vail Town Code, to allow for a residential addition, located at 2339 Chamonix Lane/Lot 11, Block A, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC06-0069) Applicant: Robert Stephanoff, represented by Jack Snow, RKD Architects . Planner: Bill Gibson ACTION: Approved MOTION: Kjesbo SECOND: Cleveland VOTE: 5-0-0 Page 1 Rollie Kjesbo commented that Bob Stephanoff was currently working on framing his duplex in East Vail. He did not, however, feel that this would be a conflict of interest. Bill Gibson presented the project according to the memorandum. • The applicant, Robert Stephanoff, had nothing to add aside from the comment that this request had been approved the board previously. Bill Jewitt asked the applicant if the job was expected to be built. The applicant answered in the affirmative. There was no public comment. 5 minutes 3. 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 a business office (real estate), located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting forth details in regard thereto. (PEC06-0066) Applicant: Vail Dover Associates, LLC, represented by Mauriello Planning Group Planner: Warren Campbell ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Jewitt VOTE: 5-0-0 CONDITIONS: 1. The approval of this conditional use permit for a professional (real estate) office shall expire on June 1, 2009. 2. The applicant shall submit a separate complete Design Review application for all signage associated with the professional (real estate) office. • 3. The approval of this conditional use permit for a professional (real estate) office shall limit the sale of real estate within the office to solely the product offered by the Solaris development, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail ' Village Filing 1. Warren Campbell presented the project according to the memorandum. He outlined the concerns from the previous meeting. Allison Ochs, representing the Mauriello Planning Group commented that she had nothing further to add. The Commission generally supported the location of a solely Solaris real estate office in One Willow Bridge. Commissioner Cleveland commented that he would not support another real estate office within One Willow Bridge for the sale of any remaining One Willow Bridge product that is not sold prior to the demolition of Crossroads. Commissioner Pierce commented that no real estate offices are allowed in the CC1 zoning district on the ground floor. Most people would not realize that they had just crossed a zone district boundary. Why then, would a real estate office be allowed within an adjacent zone district, such as in PA? 15 minutes 4. A request for a recommendation to the Vail Town Council of a proposed text amendment to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for professional ofFices and business offices, as conditional uses in the Residential Cluster Zone District, and setting forth ~ details in regard thereto. (PEC06-0065) Applicant: Booth Creek Management Corporation Planner: Elisabeth Reed Page 2 . ' ACTION: Approved MOTION: Kjesbo SECOND: Jewitt VOTE: 5-0-0 • Bill Pierce noted that he has done architectural work for this project in the past, but not this specific application. He does not feel it will be a conflict of interest. Elisabeth Reed presented an overview of the proposal and the Staff memorandum. Jay Peterson, applicant's representative, Norm Wayne and Herman Stauffer were available for questions. Jay clarified that this is a text amendment proposal and not the site specific conditional use permit application. Doug Cahill question how the existing office came into existence. Neither the applicant nor Staff could determine from the files how the office was approved to replace the former restaurant. Dick Cleveland asked the applicant's perspective on a potential loss of housing. Jay Peterson responded that he did not think this would be an issue due to the relatively small number of expected applications of this sort. - No public comment was added. Bill Pierce agreed with the proposal and thought positively of the dispersal of office uses throughout the community. Doug Cahill agreed with Bill Pierce. There were no other Commissioner comments. 30 minutes 05. A request for a final review of a recommendation to the Vail Town Council of a proposal to establish Special Development District No. 40, pursuant to Article 12-9(A), Special Development Districts, Vail Town Code, to allow for the redevelopment of the Willows Condominiums, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 15' Filing, and setting forth details in regard thereto. (PEC06-0061) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed ACTION: Approved, with conditions MOTION: Kjesbo SECOND: Jewitt VOTE: 4-1-0 (Pierce opposed) 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. 40, The Willows: 1. The Devefoper shall prepare a written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the stated public benefits, as indicated within this memorandum. This agreement shall include, but not be limited to, the provision of one Employee Housing Unit onsite, which shall be allocated for sole use by The Willows Condominium Association; the provision of eleven (11) employee beds offsite, provided through the "buy down program" and averaging five hundred (500) square feet per bed in units with at least two bedrooms; all streetscape improvements along Willow Road, including an eight foot (8') paver sidewalk for pedestrians and a twelve foot (12') wide right-of-way lane; and details for $70K of public art, which location • shall be determined by the applicant and reviewed with the Art in Public Places Board. Page 3 I 7he 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 comply with all outstanding final comments of the Town of Vail Public Works Department outlined in the attached memorandum dated October 20, 2006. 2. The Developer shall ensure that the proposed redevelopment plans comply with all requirements of the Town of Vail Fire Department. ' 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 commence initial construction of the Willows improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 40, and I continue diligently toward the completion of the project. lf 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. 2. The Developer shall provide one deed-restricted housing unit onsite that complies with the Town of Vail Employee Housing requirements (Chapter 12- 13), and is allocated for sole use by The Willows Condominium Association; and secure eleven (11) additional beds within the Town of Vail through the buy down program, averaging five hundred (500) square feet per bed in units with at • least two bedrooms, as stated in the written agreement to be drafted for the passage of Special Development District No. 40. Elisabeth Reed presented an overview of the application and the Staff memorandum. Rick Pylman, applicant's representative, presented the project further and noted the design changes made since the Commission's last hearing. The applicants highlighted the proposed public benefits of streetscape improvements, employee housing, and public art. The applicant's architect Mike Foster, of Resort Design Associates, presented an overview of the architectural changes made since the Commission's last hearing using a 3-dimensional physical model. John Alfond, adjacent property owners' representative at 44 Willow Place, noted his (and his parent's) support of the proposal. Skip Seamers, owner and Board of Director Member at Willows, complimented Steve Virostek, the developer, and his design team. Jim Lamont, Vail Village Homeowner's Association, asked Elisabeth to summarize and clarify the results of the neighborhood development statistics analysis. He commented that the proposed courtyard is a benefit to the Willows and the adjacent eastern building, but this was not necessarily a benefit to the general public. He also discussed the impacts of the setback encroachments to Vail Road and possible impacts to bike traffic. He recommended the ~ construction of a pedestrian/bike path along the south edge of Vail Road. He also noted concerns about the longevity of a for-sale vs. rental employee housing unit and concerns about considering the EHU's as public benefit. Page 4 Dick Cleveland noted his concern regarding whether or not the public benefits outweigh the ~ requested deviations. He noted that the actual number of hot beds wilf be diminished and the proportion of deviation from the standards is much higher than buildings in the neighborhood. He noted that the applicant really needed 15 employees at peak season. The street improvements are a public benefit and the public art contribution. He clarified that $70,000 is budgeted for art, not $125,000, which is actually the total amount needed for the Seibert Circle fund. In conclusion, he believes iYs a good project, but the public benefits do not necessarily outweigh the deviations. Bill Jewitt noted that the employee housing calculation is worthless and no formulas apply since this is a Special Development District. He believes five EHU's are inadequate and 15 to 20 units would be more appropriate. He commented that there is a serious shortage of employee housing units which is a problem which this project has the chance to begin to rectify. Rollie Kjesbo doesn't believe a Type III employee housing unit with no price cap, a small size, and potentially high association dues will be feasible in this location. He believes the building is still too large for the lot size. Bill Pierce noted examples of other Associations which actually own their EHUs and use them for on-site management employees. He recommended updating the Town's zoning regulations to determine if .8 is a realistic square footage ratio for a high density building (as .76 is the percentage for HDMF). Maybe that ratio should be larger? Doug Cahill is comfortable with the bulk and mass of the project if the neighbors support the project. Doug asked Tom Kassmel, Town Engineer, if there were any additional streetscape • improvements could be considered. He identified a long term desire for a walk along Vail Road, but identified numerous challenges with adjacent property owners. Russ Forrest summarized the possible employee housing requirements currently being discussed by the Town Council. BiN Jewitt clarified that he liked the proposed building, but he is concerned about the public benefits. Essentially, the Town is selling 13,000 square feet of additional development rights, and the Commission needs to ensure the Town receives a fare price. He believes EHU's provide the best public benefit compared to other types of benefits. Doug Cahill noted is concern about the applicant's meeting the public benefits as well. Steve Virostek clarified that the management company's 15 employees manage three other properties in addition to the Willows. He clarified that the additional square footage is not a clear profit, but facifitates other components of the project. He would be willing to ailocate the on-site EHU to the Willows condominium association. The scale of the building was determined by the neighborhood, and the existing buildings and building owners' concerns. He noted that these hot beds will be highly rentable. He is willing to discuss provision of more EHUs, but not 15-20. Bill Pierce asked Steve to summarize how they initially calculated the density and square footage of the proposed building, which the developer clarified. Russ Forrest asked the Commission to set a target for the EHU requirement, so that the applicant could make an attempt to meet that target or not. He provided some of the • inclusionary zoning calculations being discussed by Council as a point of reference, which currently ranged from providing 10 - 30% (in employee housing square footage) of net new square footage on the site. Page 5 Dick Cleveland suggested the item be tabled so that the applicant could prepare a proposal. He believed additional streetscaping and employee housing were secondary to the need for • employee housing. Bill Jewitt mentioned that 1.5 million dollars for a combination of pay in lieu or buy down would be reasonable. He believes the on-site unit mostly benefits the association and not the public. Dick Cfeveland believes units in the village are a good thing. He is concerned about the proposed Type III which has no price cap. Russ, Bill Jewitt, and Steve discussed the current market rates for employee housing. Steve would like to do what the Commission wants. However, he believes the current proposal already surpasses what any other developer would propose. Russ Forrest noted that the most recent Council discussion regarding the pay in lieu program would assess a cost of $150,000 to $160,000 per bed. Bill Jewitt noted that his concern is actually finding the appropriate number of units to buy down, versus finding money. He suggested 12 off-site beds at a minimum 500 sq. ft. per bed within a minimum of 2 bedroom units. Steve noted that the requested deviation from GRFA was already financing the streetscaping, hot beds, etc. Steve proposed 1 on-site EHU and 11 off-site EHU's and the item was approved. • 5 minutes 6. A request for final review of a conditional use permit pursuant to Section 12-61-1-3, Conditional Uses, allow for the construction of timeshare estate units, fractional fee units and timeshare license units, located at 74 Willow Road/Lot 8 Block 6, Vail Village Filing 1St Filing, and setting forth details in regard thereto. (PEC06-0062) Applicant: The Willows Condominium Association, Inc., represented by Triumph Development, LLC Planner: Elisabeth Reed ACTfON: Approved, with conditions MOTION: Jewitt SECOND: KJ'esbo VOTE:5-0-0 CONDITtONS: 1. The approval of this conditional use permit shall be contingent upon passage of the associated Special Development District request by the Vail Town Council. 2. The approval of this conditions use permit shall be contingent upon approval of the associated design review request by the Design Review Board. 3. Written approval by the future Willows Partnership, without condition, of the . proposal to construct nine (9) timeshare units upon the site shall be submitted to the Community Development Department within thirty (30) days of the passage of the SDD." The Commission reviewed this item concurrently with Item 5. • 5 minutes 7. A request for a final review of a conditional use permit, pursuant to Section 12-61-1-3, Conditional Uses, Vail Town Code, to allow for the construction of a Type III Employee Housing Unit, in Page 6 ' association with The Willows redevelopment, located at 74 Wi(low Road/Lot 8, Block 6, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0076) • Applicant: The Willows Condominium Association, represented by Triumph Development, LLC Planner: Elisabeth Reed ACTION: Approved with conditions (association maintain ownership) MOTION: Jewitt SECOND: Kjesbo VOTE: 5-0-0 CONDITIONS: 1. This conditional use permit approval shall be contingent upon Town Council approval of the request for the formation of Special Development District #40. 2. This conditional use permit approval shall be contingent upon the applicant receiving Town of Vail approval of the related design review application. 3. Prior to the issuance of a building permit, the applicant shall execute a Type III EHU deed restriction with the Town of Vail Department of Community Development to permanent(y restrict the use of the EHU for employee housing and allocation for sole use by The Willows Condominium Association. The Commission reviewed this item concurrently with Item 5. 30 minutes 8. 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 Chapter 7, Development Standards, Lionshead Redevelopment Master Plan, does not supersede the setback requirements prescribed by Section 12-71-1-14, Setbacks, Vail Town Code, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. Applicant: Landmark Condominium Association, Inc., represented by Geoff Wright Planner: Bill Gibson • ACTION: Staff Determination Upheld MOTION: Cleveland SECOND: Jewitt VOTE: 4-0-1 (Pierce recused) Bill Pierce recused himself for items 8 and 9 due to a conflict of interest. Bill Gibson presented the project according to the memorandum. He discussed with the Planning and Environmental Commission the sequence of events related to Town Code and Master Plan sections. Tyson Davidoff, applicant's representative, presented the issues according to the applicant, using a presentation to further those issues. He commented that the proposed underground parking clearly met the intent of the Master Plan regutations. He requested that the Commission understand that the documenfs, when reviewed as a whole, exempt the below grade parking areas from site coverage calculations. Dick Cleveland clarified that the state views the Zoning Regulations as enforceable and the Master Plan documents as not enforceable. Geoff Wright, condominium association representative, commented that he was quite involved with the drafting of the Lionshead Redevelopment Master Plan. He was in shock that the regulation of below grade site coverage was being enforced. There was little other place for parking to be placed, he finished. When asked what the intent was of proceeding through the Master Plan process, Mr. Wright commented that it was clear that the area needed to be improved. • Rollie Kjesbo believed that the Town needs to not count parking as site coverage. The discrepancy between the Master Plan and zoning needed to be clarified. Page 7 Bill Jewitt would be in favor of supporting a variance and suggested a text amendment as soon as possible. • Dick Cleveland agreed with his fellow Commissioners, stating that the appropriate way to deal with this problem was both through a variance and a text amendment. Doug Cahill asked that Staff be aware of the flexibility the Commission would give to a variance in this scenario. ~ 15 minutes 9. A request for a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Landmark Condominiums; and a request for a final review of variances from Sections 12-7H-10, Setbacks, 12-7H-14, Site Coverage, and 12-71-1-15, Landscaping and Site ~ Development, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an underground parking structure and a staircase within the setbacks, and deviations from the maximum site coverage and minimum landscape area requirements, located at 610 West Lionshead Circfe/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0074) Applicant: Landmark Condominium Association, Inc., represented by Geoff Wright Planner: Bill Gibson ~ ACTION: Tabled to November 27, 2006 MOTION: Kjesbo SECOND: Jewitt VOTE: 4-0-1 (Pierce recused) Bill Pierce recused himself for items 8 and 9 due to a conflict of interest. Bill Gibson presented the project according to the memorandum. He outlined the deviations • from the zone district and the overall aspects of the proposal. He commented that today's meeting should be treated as a worksession and not as a final review. Tyson Davidoff, representing the Landmark Condominiums Association, commented that portions of the plan, including setback and landscaping issues, were still under consideration today. Geoff Wri9ht, the 9eneral mana9er of Destination Resorts, which mana9es the Landmark Condominiums, commented that the ownership supports the Association and its efforts to renovate. The idea to renovate was put on hold in the mid-90's as the Lionshead Redevelopment Master Plan was drafted and approved. The ides became real again for the Association a couple of years ago. Additional proposed for sale units will assist with the costs. He outlined the various aspects of the architecture and plan via a PowerPoint presentation. He finished by stating that the commercial and tower improvements would be part of phase one of a ' project, and the arrival facility and the overbuild for the townhouses the following year, with a total construction phasing of about 24 months. I James Ohlson, of Fritzlen Pierce Architects, spoke about the major residential components of the Landmark redevelopment. Materials would be changed, and the roof line will be changed through overhang additions and infill along the top floor. Dormers, shutters, noise dampening measures, an elevator tower fulfilling safety and access concerns, a new lobby and entry drive, improved circulation, and other salient aspects of the application were discussed. Bill Jewitt warned the applicant that commercial ski starage would not be allowed at the first floor • of the site. Geoff Wright commented that he was fairly certain that the Antlers contained some I Page 8 . ' ski storage on the first floor. He also added that the storage proposed by the Landmark was interior to the building and for owner/guest use only. • Staff clarified with the applicant that this was not "commercial ski storage" as prohibited by the Town Code, but instead ski lockers only for the Landmark guests. Tyson Davidoff continued the presentation further commenting that very little increase to square footage was being proposed. Dick Cleveland commented that the idea of stone columns terminating in glass did not look feasible or realistic. He did ask how much thought had been paid to the redevelopment at the north of the property. Tyson responded that most of the plans presented today dealt with the south side of the property primarily due to the ambiguity for redevelopment of the North Day Lot. Howard Olson of Alter Construction summarized the applicant's comments by saying that the Association as a whole was in favor of the proposal. The new project was proposed to be code compliant, safe, architecturally compatible, and new. Rollie Kjesbo asked if the applicant would be asking for variances to construct near Concert Hall Plaza. The applicant replied that the only variances currently being considered were variances to construct to the property line below grade. Dick Cleveland commented that one elevator seemed inadequate. He also commented that he would like to see some dormers and interest along the north roof line, as it appears from the • highway. Some sense of life above the Townhouses expanse should be considered. The applicant responded that something of this nature would be considered. Jim Lamont, Vail Village Homeowners Association commented that for the first time under review, the project held some merit. He asked about the turnaround in the new lobby area. Was this standard circulation for cars only? He continued to ask questions about the various aspects of the proposed redevelopment. Dick Cleveland commented that he had stated his concerns, aside from some concern about the location of the fire lane. Todd Donze of Fritzlen Pierce commented that certain walkway widths would be required for the development per building code and the zoning regulations. I Doug Cahill commented that the guest arrival aspect was well conceived. The loading and delivery area looks like it goes nowhere. He understood that variance requests were still being I thought out. The retail aspects look good, but should be considered in light of the Arrabelle development. 10 minutes 10. A request for a final review of a variance, from Section 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 3/Block 5, Vail Village Filing 1, and setting and setting forth details in regard I ~ thereto. (PEC06-0070) Applicant: John R. Lewis and Patricia Lewis, represented by Michael Suman Architect Planner: Elisabeth Reed ACTION: Denied (grant of special privilege) Page 9 MOTION: Cleveland SECOND: Pierce VOTE: 3-1-1 Roilie Kjesbo recused himself due to a conflict of interest. . Elisabeth Reed presented the project according to the memorandum. Mike Suman, the applicant's representative, presented an overview of the proposal. No public comment was added. Bill Pierce noted that he originally designed this building and that the negative spaces were intentionally designed and shouldn't be filled with square footage. He doesn't see a physical hardship that justifies a variance. He noted that a 250 GRFA addition is not a guaranteed right, especially when a variance is needed. Dick Cleveland expressed the same concerns as Bill Pierce. Bill Jewitt will reluctantly agree with the PEC precedent of the previous variance approvals. Doug Cahill noted a concern that the original design and a PEC variance approval is granting continued "creep" into the setbacks. Mike Suman noted that Bill Pierce was on the DRB at the time the other additions were approved, and was trying to preserve the effect of the infill by using glass. He noted other units in the association received the same variance only 18 months ago, but was confused that now the PEC does not support the concept. 10 minutes • 11. A request for final review of variances from Section 12-6H-6, Setbacks, and Section 12-6H-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 5/131ock 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0071) I Applicant: Elliot and Margie Davidoff, represented by Michael Suman Architect Planner: Elisabeth Reed ACT10N: Denied (grant of special privilege) MOTION: Cleveland SECOND: Pierce VOTE: 3-1-1 The Commission reviewed this item concurrently with Item 10. 10 minutes 12. A request for a final review of a variance, from Section 12-61-1-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the enclosure of a deck, located at 400 East Meadow Drive, Unit 8/131ock 5, Vail Village Filing 1, and setting and setting forth details in regard thereto. (PEC06-0072) Applicant: Sue Thurow, represented by Michael Suman Architect Planner: Elisabeth Reed ACTION: Denied (grant of special privilege) ~ MOTION: Cleveland SECOND: Pierce VOTE: 3-1-1 The Commission reviewed this item concurrently with Item 10. 15 minutes ~ 13. A request for a final review of a conditional use permit, pursuant to section 12-76-5, Permitted and Conditional Uses, Above Second Floor, Vail Town Code, to allow for the operation of a Page 10 ~ "quasi-public" club, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Viliage Filing 1, and setting forth details in regard thereto. (PEC06-0067) • Applicant: Remonov & Company, Inc. Pianner: Warren Campbell ACTION: Approved MOTION: Kjesbo SECOND: Cleveland VOTE: 5-0-0 Elisabeth Reed presented the proposal per the Staff memorandum on behalf of Warren Campbell. Rick Mueller, applicant, presented an overview of the proposal. Bob Vannerick, Cordillera Homeowner Association, described the proposal in further detail. Doug Cahill asked if there were any hours of operation. Mr. Vannerick replied that typically it will not be used after 9 or 10 at night. There was no public comment. Bill Pierce clarified that the issue is to decide if this is a"quasi-public" club. Elisabeth Reed clarified that the Council determined that this use is not commercial ski storage and that it is similar to a cocktail lounge and bar in its operation. Bob and Rick clarified how this will be open to the public through the Cordillera Hotel and Spa, Cordillera Golf Course, and Cordillera homeowner's guests. • The Commission felt that the proposal and concept for operation was a better use of the space than previous proposals and better than the space being converted to a dwelling unit. Doug CahiN recommended a text amendment to allow more options for conditional uses on the third floor and above. 30 minutes 14. A request for a final recommendation of a proposed 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 November 27, 2006 MOTION: Kjesbo SECOND: Pierce VOTE: 5-0-0 Russ Forrest gave a presentation per the staff memorandum. • Tom Braun further outlined the aspects of the proposed plan that were different than had been previously seen by the Planning and Environmental Commission. He commented that there would be several benefits to allowing the Frontage Road to move in several different phases. ~ Much emphasis was being placed on the prospective life and feel of the new portal area. He Page 11 I J outlined the various aspects of the Lionshead Redevelopment Master Plan which addressed employee housing units which wouid replace the housing from the Sunbird Lodge. Specific sites were delineated within the plan. He addressed the parking needs and felt the proposed • development of West Lionshead would satisfy the requirements. Utility availability and needs had been discussed as well, he commented. If the redevelopment plans were to continue, the Planning and Environmental Commission could evaluate such plans at the appropriate time. The proposed amendments could truly be a gift to existing landowners in this area, he finished. , I Jay Peterson added that David Viele, representing the Glen Lyon Office Building, was in favor of the project. He said that David's only interest was to be kept appraised of the plans for the area. !i Jim Lamont asked if the Interstate had always been included in the study area. Tom Braun answered in the affirmative. Russ added that it should be acknowledged that the Simba Run area was included in the study area as well. Dick Cleveland asked about p. 17, paragraph C, 2"d line...this should read "above" instead of "abouY". He clarified that he would not vote for the amendment as long as the Glen Lyon Office Building (GLOB) was included. He felt that the LRMP was only intended to satisfy future development for aging infrastructure. He did not feel that Cascade Crossing and the Vail Professional Building were aging pieces of infrastructure. He did not think that Tract K should be included as well. Because of the lift across the street and the potential for realignment of the Frontage Road, the other two buildings (aside from GLOB) could be appropriately redeveloped. Jay Peterson commented that Tract K could be removed, but it was asked by Staff to add Tract K into the area. Tom Braun asked why Dick felt so strongly about the inclusion of Glen Lyon. Dick commented . that it was a very narrow parcel and redevelopment could expand the area all the way into Cascade. There is no need to continue the development "creep". Russ Forrest responded that there was originally an approval for a brewery, then a subsequent approval for offices, etc, on the GLOB site since his time at the Town began. Jay Peterson commented that an additional road would have to be directed to the GLOB if it was not included in the study area. Bill Jewitt commented that a Simba Run connection should be "encouraged" vs. "not precluded". On page 18, Bill added that the goal to have people skiing into West Lionshead ("access routes") should not be encouraged. Lionshead businesses would likely be opposed if skiers were to end up in West Lionshead. Regarding the criteria on page 22, Bill felt that the items of "mediocre architectural character," etc., did not apply to the areas being considered for inclusion/redevelopment. He'd like to keep "the line" at Sandstone Creek. Rollie Kjesbo asked if the area was rezoned to LMU-1, what was being gained? Tom Braun commented that 2 acres would be added. He did not wish to see a new Arrabelle constructed at the Cascade site. He thought that the parameters of LMU-1 were too broad for the proposed redevelopment site. A re-zoning or the creation of an SDD may be a better way to address the desires. Jay Peterson asked if anyone had a problem with the lift coming into the area, thereby allowing an additional access point to the mountain. ~ Page 12 , ' The overall concern was that too much mass might end up existing in the area if the area was rezoned to LMU-1. Tom Braun commented that language already existed which required step • downs to the Creek, and other sensitive areas. Bill Pierce didn't agree with his fellow Commissioners regarding the GLOB. He thought that if it was not included, it would remain one random parcel. He remembered reviewing, at some point, another building for that site. He wished to understand the true benefits of re-zoning the property. He thought that some public benefits should be required. Rollie Kjesbo countered that if a re-zoning occurred, only a use-by-right scenario would exist and the developments would proceed carte blanche. Bill Jewitt thought the better avenue was to not include these areas in the LRMP area. Tom Braun commented that substantial controversy already existed between the Master Plan and the related zoning regulations for this area. Bill Pierce continued to say that he would like to see specific language addressing Sandstone Creek. He thought it should be used as a true benefit to the area. It was verified that similar text was already included. Bill added that the way existing buildings edge Gore Creek is generally pretty awful. He felt that a firm commitment should be made to put service yard uses underground and out of sight. Regarding the parking garage, the space outside of it should be developed. Something could be built around it (i.e. Denver Art Museum). Doug Cahill added that lift access would be an amenity in this area. This should help Vail Resorts to meet its goals. He thought that ski access back to the area should be allowed as well. Lionshead should be doing fine by then. Overall, he was in favor of the changes to the • Master Plan. He wanted to make sure that the language specifying "tapering the buildings down" should be emphasized in the proposed amendments. Russ Forrest verified that some language could be added which continued the "taper" to Gore Creek. Jay Peterson asked that GLOB be included in the plan. Ownership could then be put into one set of hands and property lines could be realigned. If a proposed project were stepped back, after that realignment, the buildings could be placed farther from the Creek and more appropriate address of the Creek could occur at that time through new construction than exists today. The benefit of keeping that parcel in was substantial as long as protections could be drafted for the Town according to its concerns. Russ Forrest added that much debate had occurred over this issue. The original thought was to extend the mass to the west to extend commercial spaces. Jay Peterson answered that, as far as concealing uses goes, that was underway and absolute. Bill Jewitt commented that the Gore Creek Residences were kept at a meager height to allow for bigger buildings at the rear. Jay Peterson stated that no variances were asked in that case. ' Doug Cahill outlined the section of the memo which addressed height, scale, and ' responsiveness of such. • 10 minutes Page 13 . 15. Report to the Planning and Environmental Commission of an administrative action approving a ' request for a minor amendment to SDD No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to aflow for modifications to the approved building • Plans for the Vail Cascade Residences (Cascade movie theaters and Colorado Mountain College), located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. (PEC06-0075) Applicant: Vail Cascade Residences, LLC, represented by Mauriello Planning Group Planner: Warren Campbell ACTION: Upheld Staffs approval MOTION: Jewitt SECOND: Kjesbo VOTE: 5-0-0 16. A request for a recommendation to the Vail Town Council of an amendment to the Town of Vail I, Streetscape Master plan, pursuant to Chapter 1, Master Plan Process, to relocate Checkpoint j Charlie, and setting forth details in regard thereto. (PEC06-0078) , Applicant: Town of Vail, represented by Greg Hall Planner: George Ruther ACTION: Table to November 27, 2006 MOTION: Kjesbo SECOND: Jewitt VOTE: 5-0-0 17. Approval of October 23, 2006 minutes MOTION: Jewitt SECOND: Kjesbo VOTE: 5-0-0 18. Information Update 19. Adjournment MOTION: Jewitt SECOND: Kjesbo VOTE: 5-0-0 ~ The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vaif 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 November 10, 2006, in the Vail Daily. • Page 14 PLANNING COMYAISSIOM PUBLIC MEETING November 27, 2006 • 1775 1:00 pm . TOWN COUNCIL CHAMBERS / PUBLIC WELCOME MEMBERS PROOF OF PUBLICATION M EMBERS ABSENTT Doug Cahill SRe VisRS: STATE OF COLORADO } ai,e,: G~~ nt°he'''e ! ~ ss. Public Hearing -TOwn Council Chambers COUNTY OF EAGLE } 110 minutes A req , I 1. uest tor a final review of a condi- tional use permit, pursuaM ro Chapter 12-16, Con- ditional Uses, to albw tor the temporary use oT the tennis facility for conferences and conventions, I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same c~iua9`~a;«°a i~a~oomwesm°a~~ o"~, 4' s , Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colarado, and ~~ns ~iS i^ r~~' "'~O. tPE~ has a general circulation therein; that said newspaper has been published continuously and 007~ Applicant: Vail Cascade Resort and Spa, represerded by uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior pon MacLachlan Planner: Bill Gibson to the first publication of the annexed legal notice or advertisement and that said newspaper has ACTION: MOTION: SECOND: VOTE: Published the requested legal notice and advertisement as requested. 25 minutes The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under I~ he Vail Town Councilt of r an a emCOe dment~o~ the Town of Vail Sheetscape Master plan, pursuant ta Colorado's Home Rule provision. Chapter 1, Master Plan Process, to rebcate Chedcpomt Charlie, and setting forth details in re- gard thereto. (PEC06-0078) Applicant: Town of Vail That the annexed legal notice or advertisement was published in the regular and entire issue of every represented by Greg Hall Planner: George Ruther ACTION: number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of MOTION: SECOND: VOTE: 20 minutes said notice was in the issue of said newspaper dated November 24 A.D. 2006 and that the last publication of a proposed amendment ofthe'Lio sh ad Rede- . velopmerrt Idaster Plan, pursuaM to Sec[ion 2.8, of said notice was in the issue of said news a er dated November 24 A.D. ZOOG. Adoption and Amendmerd of the Master Plan, Li- p p ~ I onshead RedevebpmeM Master Plan, to amend the Lionshead Study Area Boundaries, and Chap- ter 5, Detailed Plan Recommendations, to include ihe sNdy'West Lionshead' area, generally bcated at 646, 862, 890, 923. 934, 953. 1000. and 1031 In witness whereof has here unto set my hand this 30th day November, 2~ Sputh Frontage Road WesULot 54 and Tract K ot 1 Gien Lyon Subdivisron. Tracts C and D, Vail Vil- lag - - \ Pu Vh r/Gene anager/Editor tort I!BA 1S3M Subscribed and sworn to before me, a notary public in and for the County of Eagle, tate of Colarado this f;~' 0 LZl-9Z6-OL6 30`h November, 2006. saMIoae aaw " ooo`ssP q. ii3SION AF/MHJIH N'tuiysiJ alenud aa~~ a I / e /nn ~I Mel lo spunog •ssa3oe Ase 3 nn 91!IPI!M iuepunqy •smaIn •Iw ielnospedS v -saysiw; pua-y6iH •;ueioy4a ~(6jaua/~(uung amela Joan Schultz ~ , uoUM woa ~(liwe~ + y8414817 JamaN '1106/131JnNs 'NaaJD IaneaSAisn ol salnuiyy PRY ~j~ Notary Public (9 ~H woy 41nos sallw £'t) SWg1AP3 `Peoa )IaW3 931e'1 9S£l •o My Commission expires: November 1, 2007 a • • • • - • : PAAAELA J. SCHULTZ ~ pooMwey'sexiegdde leais ssaluisls y= ~ ay4 anol II!M noA•~fliwr4 al6uts e a~i1slaal lE41 301 aios Lq• e uo xaldnp y85'E/a94 p46uq pue uedo siyl waI sMain an!sseYry •~11 ,2• ~ ~ r ~ M PeoH G6PlJPI!M OLIE wdPZL 'unS v'tes } • • ~ PROOF OF PUBLICATION I STATE OF COLORADO I SS• AFFECrYOUR PROPERTY COUNTY OF EAGLE } PUBLICNO'fICE IOTICE IS HEREBY GIVEN that the Planning antl I :rnironmental Commission of the Town of Vaii will .old a public hearing in accordance with section 2 I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same -3-6, Vail Town Code, on November 27, zooe, a, :0p pm in the Town of Vail Municipal Building, in Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and onSideration of: ' I has a general circulation therein; that said newspaper has been published continuously and .request for a final review of a cond'Aional use ermrt, pursuant to Chapter 12-16, Conditional unintemtptedly in said County of Eag1e for a period of more than ffty-cwo consecutive weeks next prior '~S,'° a"°"" `°`,ne temporary use o, tne tennis I icility for conferences and corneMions, located at ~ to the frst publication of the annexed legal notice or advertisement and that said newspaper has ~peaal Development District No. 4, Cascade Vil- ige, Area A, 1300 Westhaven Drive, 8nd setting Published the requested legal notice and advertisement as requested. "`n de'a''S'"`e9aro `"e`e`°. tPEC°s-°°"> enil ~~VacasCa'de Resort and Spa, repre- The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under 'lanner: Bill Gibson I CO~OTa(IO~S HOlI1C RUIC ptOV1510I1. he applications and information about the propos- Js are available for public inspection during office ,ours at the Tavn of Vail Communiry DevelopmenT ~ )ePartment Tha[ the annexed legai notice or advertisement was published in the regular and entire issue of every , 75 Sauth Frontage Road. The public > irnited to attend project orientation and the site isits that precede the public hearing in the Town f v number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of Communiry Develqpme~t Department. lease call 970-479-2138 for additional informa- I on. said notice was in the issue of said newspaper dated November 10 A.D. 2006 and that the last publication 19n language interpretation is availaWe upon re- ' uest, with 24-hour notitication. Please call 970- of said notice was in the issue of said newspaper dated November 10 A.D. OOG. 79-2356, Telephone for the Hearing Impaired, tor iformation. •ublished November 10, 2006, in the Vail Daily. In witness whereof bas here unto set my hand this 17th day of Oct , 20 6 I lalis e General Manager/Editor , Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this ~ 17th day of November, 2006. - I ~ wY pv .~Pamela Joan Schultz O ..•,,•••••..8~ Notary Public / My Commission expires: November 1, 2007 ; PAMELA J. ; SCHULTZ ; 9% ~F } PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ~ ; December 11, 2006 TOWNNOFYAIf~ " 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Chas Bernhardt Site Visits: 1. Driver: George • Public Hearing - Town Council Chambers 20 minutes 1. A request for a recommendation to the Vail Town Council of an amendment to the Town of Vail Streetscape Master plan, pursuant to Chapter 1, Master Pfan Process, to relocate Checkpoint Charlie, and setting forth details in regard thereto. (PEC06-0078) Applicant: Town of Vail, represented by Greg Hall Planner: George Ruther ACTION: MOTION: SECOND: VOTE: ' 40 minutes 2. A request for a final recommendation of a proposed 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 i ? 30 minutes 3. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed amendments to Chapters 14-2, Definitions, and 14- 10, Design Review Standards and Guidelines, Vail Town Code, to create wildfire regulations and require Class A roof covering materials for all structures within the Town of Vail, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede ACTION: MOTION: SECOND: VOTE: 10 minutes 4. A request for a final review of an Exemption Plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for the modification of existing building envelopes to eliminate encroachments into common area parcels, the combination of several common parcels into a single common parcel, and the exchange of equal sized parcels between Ridge at Vail and Cliffside Lot 1, located at 1460A-F Ridge Lane and 1452 Cliffside Drive/Lots A-L, Ridge at Vail Subdivision, and Lot 1, Cliffside Subdivision and setting forth details in regard thereto. (PEC06-0079) Applicant: Ridge at Vail Homeowners Association and Mike Young Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: 30 minutes 5. A request for a recommendation to the Vail Town Council that the Crossroads Reinvestment • Plan is consistent with the Vail Comprehensive Plan. The proposed urban renewal area included in the Crossroads Reinvestment Plan generally includes the Crossroads redevelopment approved by Town of Vail Ordinance No. 5, 2006, and is entirely within Special Development District No. 39, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Vail Reinvestment Authority Planner: Russ Forrest ACTION: MOTION: SECOND: VOTE: 25 minutes 6. 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 an addition above an existing garage within the front and side setbacks, located at 315 Mill Creek Circle/Lot 2, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0080) Applicant: Howard and Judy Berkowitz, represented by Mauriello Planning Group, LLC Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: • Page 2 } 20 minutes ~ 7. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit,pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 45 fractional fee club units and one additional residential dwelling unit, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. (Ritz-Carlton Residences) (PEC06-0081 and PEC06-0082). Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc. Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: 10 minutes 8. A request for a final review of a conditional use permit, pursuant to Section 12-7J-3, Conditional Uses, Vail Town Code, to allow for the construction of three (3) Type III Employee Housing Units, in association with The Timberline Roost Lodge Redevelopment, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC06-0083) Applicant: Timberline Roost Lodge Planner: George Ruther ACTION: MOTION: SECOND: VOTE: 45 minutes 9. A request for a worksession to discuss text amendments to Title 12, Zoning Regulations, Vail • Town Code, to add commercial linkage requirements and inclusionary zoning requirements to the Zoning Regulations for the purpose of mitigating employee housing impacts resulting from development in the Town of Vail, and setting forth details in regard thereto. (PEC06-0084) Applicant: Town of Vail Planner: George Ruther ACTION: MOTION: SECOND: VOTE: 10. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the renovation of, the Landmark Condominiums; and a request for a finai review of variances from ' Sections 12-71-1-10, Setbacks, 12-71-1-14, Site Coverage, and 12-71-1-15, Landscaping and Site Development, Vail Town Code, pursuant to Chapter 12-17, Variances, to af4ow for an , underground parking structure and a staircase within the setbacks, and deviations from the maximum site coverage and minimum landscape area requirements, located at 610 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC06-0074) Applicant: Landmark Condominium Association, Inc., represented by Geoff Wright Planner: Bill Gibson ACTION: Table to January 8, 2007 MOTION: SECOND: VOTE: 11. Approval of November 27, 2006 minutes MOTION: SECOND: VOTE: • Page 3 , 12. Information Update 13. Adjournment ~ MOTION: SECOND: VOTE: The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vaii 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 December 8, 2006, in the Vail Daily. • • Page 4 L~ - _ _ I ~ Item #1, Checkpoint Charlie, will be tabled at the meeting - there is no memo included in the packet. ~ ~ . ~ MEMORANDUM TO: Planning and Environmentai Commission FROM: Community Development Department DATE: December 11, 2006 SUBJECT: A request for a final recommendation of a proposed amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Pian, 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 • 1. SUMMARY The applicants, Vail Resorts Development Company and the Town of Vail are requesting a final recommendation of a proposed 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, and 1031 South Frontage Road West/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 to amend the text of several chapters of the Master Plan, Chapter 4, Master Plan Recommendations, and Chapter 5, Detailed Plan Recommendations, of the Plan to include detailed recommendations for the subject parcels. Since the November 27, 2006, hearing the Glen Lyon Office Building General Partnership has withdrawn from the application. An additional purpose of the amendment is to adopt detailed plan recommendations for the properties. The purpose of the amendment 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 P/an. 1 I Based upon Staff's review of the criteria outlined in Section VII of this ~ memorandum and the evidence and testimony presented, the Community Development Department recommends the Commission forward a recommendation of approval, with conditions, to the Town Council regarding the proposed amendments to the Lionshead Redevelopment Master Plan. II. DESCRIPTION OF THE REQUEST The applicants, Vail Resorts Development Company and the Town of Vail, are requesting a final recommendation of proposed amendments to the Lionshead Redevelopment Master Plan to the Town Council. 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, and 1031 South Frontage Road West/Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and one unplatted parcels. A map of the area to be added to the Lionshead Redevelopment Master Plan study boundary, "West Lionshead" (Attachment A) has been attached for reference. In addition to amending the study area boundary to 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 at the end of this section of the memorandum. • The proposed amendments have been prompted by recent changes to the existing conditions within the West Lionshead area. Vail Resorts has purchased three parcels of land which together have created opportunities for redevelopment that were not possible during the preparation of the Lionshead Redevelopment Master Plan. The primary opportunity is the creation of a new portal to Vail Mountain from West Lionshead via a new gondola. Finally, the Town has identified three additional parcels of land which should be incorporated into the Plan in the process, as the current text of the Lionshead Redevelopment Master Plan discuss potential future uses that impact the parcels, however, they are not included in the study area boundaries. 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 former 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, a portion of the Town-owned stream tract and one 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 • 2 • purpose of the amendment is NOT to amend or otherwise aiter the overall goals, objectives and policies stated in the Master Plan. The proposed amendments are indicated in bold (additions) and S+FoFE)Ug# (deletions) as follows: Chapter 4, Master Plan Recommendations - Overall Study Area This section of the master plan addresses issues that affect Lionshead as a whole. These issues - and recommendations fo 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 interesfing and functionally efficient pedestrian environment that connects the hubs to create a cohesive and memorable resort environment. 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, a former gas station, fhe Vail Professional Building, Cascade Crossing, Tract K of the G/en Lyon Subdivision, a portion of stream tract, and finro unplatted parce/s adjacent to Tract K to the south of Gore Creek. This area of Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town wou/d like to see Lionshead become as it redeve/ops in the coming years. The Town of Vail does p/ace a high value on maintaining the ofiFice and retail areas in West Lionshead and any redevelopment shou/d not diminish the square footage of existing office and retail square footage in West Lionshead. With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part of Lionshead. Lift service brings with it great potential for the re-development of this area and in doing so expand all of Lionshead to the wesf with improved pedestrian connections, new retail and office activity and other improvements. While lift access will cerfain/y energize this area during fhe winter months, attention should be given to creating a year-round attraction within this area of Lionshead (see detailed p/an recommendations in Chapter 5) Uses • 3 , empipyee , offiGe , , • The master plan recommends that this hub become a residential/ mixed use area with an emphasis on meeting the needs of both the /oca/ community and our guests. Appropriate uses could include high density r°°'.za estat residential development, lodging, community and visitor based office and refail space, employee housing and parking, hus or transit functions and a ski lift connection to Vail Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain. ar-ea: Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with fhe Town's employee housing policies and regulations. 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. The degree of north-south building orientation may be difficult given the relatively narrow east-west orientation of this area. In addition, the introduction of ski lift access in this location creafes a#here -is --t#e eppe4uny catalyst for an undeFgr-ound structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on-sife. The site will continue to accommodate the existing and potentially • expanded functions of the Vail sanitation plant. The mountain service yard w#l could be reduced in size, as some functions can be moved to less cenfral locations. It may a/so be possib/e to relocate the entire mountain service yard to a new location in the West Lionshead area which would allow for greater f/exibility in the redeve/opment 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. 4.5 Public Transportation An efficient transit system is critical to the character and environmental quality of any pedestrian-oriented resort. Goals identified by the master plan regarding transit include: 4.5.1 Connection to West Lionshead West Lionshead consists of the West Day Lot, the Vail Associates service center, the sanitation plant, anrl the Holy Cross lot, the former gas station site, the Vail Professional Building, Cascade Crossing, Tract K of the Glen Lyon Subdivision, fhe Town owned Gore Creek sfream tract, and two 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 ~ 4 • integrated into the Town of Vail +n-teww transit system. The West Lionshead properties are at the outside edge of the acceptable walking distance to the ski yard (1200 feet). housing , #o #h-is-,a.ea: With a mixed use deve/opment in the area which integrates a ski porta/, retail space, office space and residenfial development, transit service to this area and interconnections to other portals will be critical to deve/op in the future. In addition, the update of the Vail Transportation Masfer P/an shall provide direction on the u/fimate location of a Lionshead Transit Facility a/ong with needed interconnections between ski porta/s, regional transit stops, and other transportation modes. The addition of a ski lift in this area wou/d make this area more viab/e to redevelopment as it wou/d be within fhe acceptable wa/king distance of a lift (1,200 feet). 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: • 4.5.2.1 Relocafe 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 porfal instead of the current "back door" on Lionshead Place. Finally, this will remove the large regional buses from West Lionshead Circle and Lionshead Place. It may be possible to locate elements of a regional transit stop in the West Lionshead area in conjuncfion with a new ski lift and parking facility. However, given its location on the periphery of Lionshead, this area may not be the most viable locafion for a regiona/ transit stop. Nofinrithstanding the above, facilities for skier drop-off, private shuttle vans and Town of Vail in-fown buses should be included in the design of the ski lift and parking facility. In 2006, the Town of Vail initiated an update of the Vail Transportation Masfer Plan. In addition, the Town initiated a deve/opment competition for the Lionshead Parking Sfructure redevelopment, which would include a transit facility. It is anticipafed that the Transportafion Master Plan update along with the conclusion of the Lionshead Parking Structure redevelopment process wil/ provide • direction on the ultimate location for a Lionshead Transit 5 Facility and/or the type of transit facilities that may be necessary in West Lionshead. • 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 1-70 through fhe 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. 4.6.2 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. Figure 4-9 depicts potential redeve/opment without the realignment of the Frontage Road while Figure 4-9a depicts redevelopment wifh a partia/ realignment of the Frontage Road. 4.6.2.1 Pofential 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. Regarding fufure /and use, the realignment of South Frontage Road wiU 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 4-9a, and it would be necessary if the service yard property is used for a secondary T-own--e#-VW-public parking str-UGte • facility or other uses. Any existing parking on the West , 6 • Day Lot must be replaced within the Lionshead study area. Through the Transportation Master P/an update it is anticipafed that a significanf traffic confrol device will need to be installed in the Wesf • Lionshead area. Such a device may include a round about. Specific considerations regarding realignment are, a. Proposed Alignment The proposed realrgnment of the South Frontage Road is depicted in figure 4-9a. Critical design issues include the width of the road and the radius of fhe curves. Both of these factors will be important in reducing the speed of vehicles entering the Lionshead area and fhe amount of land consumed by the two . curved road sections. Cooperation between property owners, developers, the Town of Vail, and the Colorado Departmetn of Transportation will be necessary to implement the realignment of the Frontage Road. NOTE: Staff has attached the proposed figures for review at the end of the memorandum (Attachments B • and C). b. West Lionshead Circle Connection It is proposed that West Lionshead Circie connect back to the frontage road at fhe west side of the Vail Spa. The alignment depicted in figure 4-9a terminafes perpendicular to the frontage road and does not require the acquisition of private property. A new 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 to the frontage road. Another a/ternative that shou/d be considered is to connect Forest Road to West Lionshead Circle via the existing Frontage Road righf-of-way. d. Transit and Emergency Vehicle Corridor A transit and emergency vehicle corridor should , remain in the existing alignment of fhe frontage road. • This connection is necessary to provide a through- 7 transit route fo 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 realigning the frontage road is in additiqn to the mandatory costs of improving the road. . , , , . 14owever-, i n4ain. f. Future Frontage Road Re-alignment The oppartunity may exist to re-locate the Frontage Road the full /ength of the West Lionshead p/anning area. The benefit of this alternative would be to eliminate the "Frontage Road barrier" between the Holy Cross site and the Vail Professional Building. While this alternative wou/d require coordination with other surrounding land owners, it could warrant further study and evaluation in the future. 4.6.7 Simba Run Underpass Current/y the Town of Vail has on/y two north/south access points between the North Fronfage Road and Soufh Frontage ~ Road befinreen Main Vail and West Vail. /t has been 8 • contemplated that an additional north/soufh connection be established west of Cascade Crossing. The potential need for this underpass may be acce/erated as a resu/t of the Town's redevelopment plans for Timber Ridge, West Vail and VI/est Lionshead. The redevelopment of the West Lionshead area should be done in a manner that encourages this new connecfion to be established in the future. If is recommended fhat the proposed amendments fo the Vail Transportation Master Plan provide direction on when public improvements on fhe Frontage Road need to occur and how they are paid for befinreen public and private funds. The currenf boundaries of the Lionshead Urban Renewal Authority should be amended to include the /ocation of fhe Simba Run underpass. 4.8 Parking 4.8.3 Public Parking 4.8.3.3 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: a. Lionshead Parking Structure The existing Lionshead parking structure is a logical location for expanded public parking because it is already owned by the Town of Vail. A/so, the structure is conveniently located between the proposed civic center on the east and the main portal to fhe 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 (1,200 spaces in total). The addition of one complete level would increase the strucfure 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 impossib/e 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 9 i 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 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 fhe existing facility to support the weight of additional decks. b. West Lionshead The construction of a sesene? new public parking s#r-ustuFe facility at the west end of Lionshead has been a planning consideration since the compietion 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 pofential new eastbound I-70 access ramps. The viability of a new public parking facility in this location would be enhanced by bringing lift service • to this area. The construction of a new public parking facility would address the exisfing deficiency of off-street parking on peak days and the shifting demand of parking created by the introduction of a new ski lift in West Lionshead. It is anticipated that the new Pub/ic Parkin9 structure would contain a approximately 400 public parking spaces, which would be in excess of any parking requirements generated by proposed development. The update of the Vaii Transportation Plan should provide final direction on the location and quantity of additional public parking spaces in the Town of Vail. The location of additional public parking should consider where parking is mosf optimal for both guests and employees, year round utilization, mountain operations, and overall fraffic circulation. Pe#antia/ ~ 10 • ~ . South ~~ompeting Lani-I I/se Orinrifies The umaf oniJ nf , YfYC?tI'Ig issues. ~ f Hf'f'-Cf7C7 Sftc. • • t, pr,qbable, t, , hG_ i time, ' . Genvenienee. Given fhe T#is location for a. this ~a,ajex parking s"stUe facility, it had been assumed fhat n4ust--have regular transit or shuttle service would be necessary because of its distance from the retail core area and the ski yard (greater than a 9200-foot walking radius). ~ However, the location of the parking structure would be proximate to the new lift and as such 11 the need for regular shutt/e service would be minimized. However, some provisions for bus • stops and/or a fransit facility shou/d be considered for fhe parking structure. 4.9 Housing 4.9.4 Potentiai Housing Sites Following are specific sites that have been identified as suitable for locals and employee housing (see Map V1o. 4.9.4.3 Vail Associates Service Yard and the Holy Cross Site, Vail Professional Building, Cascade Crossing and the former gas station site Any redeve/opment of West Lionshead wil/ need to conform to the Town's housing policies and requirements. In order to create activity and vibrancy in West Lionshead it may be appropriafe to inc/ude some dispersed employee housing opportunities for permanent /oca/ residents in proposed developments in the area consistent with these policies. The North Day lof is considered to be the preferred location for a significant housing project in Lionshead to replace the Sunbird affordable housing project and provide housing for . new employee generation. . , I . AddgionaUy, ents. , be-se~as~dexe~l. ~ , ~ 12 . ~ . De_ nsity The site offers a unique opportunity to achieve significant density. While it is important that buildings here be visually consistent with the overall character of Lionshead, the desire to maximize the housing potential may make appropriate the following deviations from standard development parameters. First, it may be appropriate to allow for a greater overall building height than is otherwise allowed under the Lionshead Architectural Design Guidelines. Any increase in building height will need to be reviewed on a case by case basis by the Town of Vail, and any evenfual building heighf will sti11 need to be vrsua!!y appropriate for this location. Second, if is recommended that the standards for density (units per acre) be increased at this location to allow for a greater number of employee housing units. Third, rt may be appropriate to reduce the parking requirements for employee housing at this location. 4.9.4.4 Red Sandstone Parkinq Area • The parking lot and Town of Vail transit stop at the base of the Red Sandstone Elementary school were identified as a potential site for employee or locals housing because of its proximity to the elementary school, the I-70 pedestrian overpass and the transit stop. However, the access (vehicular and pedestrian), safety and functional programming needs of the elementary school must take priority in any potential housing development scenarro. 4.9.4.5 Old Town Shops The Old Town Shops, located just west of the Vail sanitation plant, were identified as potenfial employee housing locations during the masfer planning process. There are, however, other significant demands on this site, including potential expansion of the sanitation plant and the need for a new snowcat mountain access route from the Vail Associates service yard. In addition, the presence of the sanitation plant on one side and the existing gas station on the other reduces the desirability of this location for employee or locals housing. Chapter 5, Detailed Plan Recommendations , This section of fhe Lionshead Master plan examines individual parcels and groups of parcels within the Lionshead study area, excluding the residential properties on the 13 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. 5.9 North Day Lof The north day lot should be developed as a community transportation cenfer to consalidate skier drop-off, loca/ and regional fransit, local and regional private shuttles, and charter bus drop-off and pick-up (see figure I 5-13). A below-grade service and delivery facility could be constructed underneath the transit facility. By relocating these functions from their exisfing locations to one easily accessible location, this would improve the quality of vehicular and pedestrian circulation in Lionshead and create a significant .new pedestrian portal into fhe center of the Lionshead retail mall. Based upon the results of the traffic study (see appendix A), the conceptual program for this facility is as follows: a. Skier drop-off.• Nine spaces are recommended at a minimum, but more should be buiit if possible to accommodate other program elements. b. Town of Vail transit: Two bus spaces are recommended to accommodate the West Vail transif loop and the possibility for • an eastbound in-town shuttle stop. c. Regional transit: One bus space is recommended d. Charter buses: Three to four bus spaces are recommended. e. Loca/ and regional shuttles: Four shuttle van spaces are recommended at a minimum. A critica/ consideration in the plannin9' and desi9n of this facilitY will be its impact on the adjacent Landmark Tower and Townhomes and the Westwind. Depicted in figure 5-13a, a linear building is recommended at the southern edge of the site to screen the lower leveis of the Landmark Tower from the transit center. This facility could house a bus shelter and waifing area, an information center, public restrooms, a small food and beverage operation, and an elevator core to the pedestrian mall level for ADA access needs. To the east, earthwork, landscaping, and/ or other screening measures should be considered to buffer the Westwind. A more comprehensive solution is to cover the facility with another level or two of development - perhaps for offices or employee housing - or with a roof. (Memorable European antecedents exist for grand, covered ' transportafion centers.) Specifically, the design of the transportation center should address all impacts: visual, security, sound, and smell that may affect adjacent properties. Both the Westwind and the Landmark should be closely involved in the transit center planning and design process. ~ 14 . • Since the adoption of the Lionshead Masfer Redeve/opment Plan, plans were deve/oped to locafe a Transit Center at the North Day Lot. Integrating the number of uses mentioned above and addressing fhe neighborhood concerns regarding a transif center prompted the Town of Vail to evaluate alternative locations for a transit center. Alternative /ocations include: • West Lionshead • Lionshead Parking Structure • North Day Lot In 2006, the Town of Vail initiated an update of the Vail Transportation Master P/an. In addition, the Town initiated a development competition for the Lionshead Parking Structure which would include a transit facility. !t is recommended that the update Transportation Master P/an update along with the conclusion of the Lionshead Parking Structure RFP process provide direcfion on the ultimate location for a Lionshead Transit Facility. 5.17 Wesf Day Lot/ Vail Associafes Service Yard/ Holy Cross Site/Gas Sfation Site Nail Professional Building/ Cascade Crossing Planning for the western end of Lionshead must consider two different scenarios: fhe realignment of South Frontage Road and rts retentron rn • the existing alignment. While the introduction of lift service is viable in either of these Frontage Road alternatives, site design will vary depending upon what happens to the Frontage Road alignment. See Figures 4-9a, and 4-9b for the Frontage Road realignment alternatives. Notwithstanding these different Frontage Road scenarios there should be "no net loss" of existing retail or office square footage as a result of the redevelopment of these parce/s. Higher densities and building heighfs 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 Marrrott and the Vail Spa. As compared to a separate, free-standing portal, West Lionshead is considered a part of the greater Lionshead area. In order for this area to be successful, it is important to have a sfrong pedestrian connection with the rest of Lionshead. A strong connection along fhe Gore Creek corridor a/ready exists. Streetscape improvements along West Lionshead Circ/e befinreen Concert Hall P/aza (current/y the western end of Lionshead retail influence) and fhe Ritz-Car/fon Residences will strengthen existing condifions, and in doing so, improve the viabilify of mixed uses in West Lionshead. • Improvemenfs to street lighting, walking surfaces, seating areas and public art are just some examples of what could strengthen this 15 corridor and in doing so further integrate this area with the rest of Lionshead. . The development of a strong pedestrian connection between the Lionshead Core area and the western side of Lionshead will encourage pedestrian activity in this area and in doing so will energize all of West Lionshead. During the winter months the ski lift and associated parking will generate significant pedesfrian traffic and activity. However, consideration shou/d be given to how West Lionshead can be an active and vibrant place year-round. This could be accomplished in any number of ways. For examp/e, qualify architecture and the creation of appealing outdoor spaces in and of itself will encourage peop/e to visit fhis area. This could be reinforced by a well-crafted program of specialty retailers, ofiices, and restaurants. An active program of public art, residential units thaf are used for "artists in residence"; a culinary school, improved access to and utilization of Gore Creek or Red Sandstone Creek for fishing or other purposes or specific recreation features such as a climbing wall are just some examples of design elements or land uses that could create a catalyst for acfivity. In conjunction wifh any application to development a new ski lift, a retail/commercia/ market study which ana/yzes the area for fhe appropriate amount of square footage of retail/commercial that should be inciuded in the redevelopment of West Lionshead shall be provided. It is assumed that the development standards of Lionshead Mixed . • Use 1 or 2 will guide the design of redevelopment in this area. Notwithstanding the height a/lowances of fhese zone districts, buildin9 hei9ht and massin9 shaN be resPonsive to the Gore Creek corridor, the Interstafe, and how building massing transitions at the western end of Lionshead. Buildings at the west.ernmost end of Wesf Lionshead shall gradual/y "step down" from the maximum allowable height limits of fhe Lionshead Mixed Use zone districfs. Figure 5-25 provides a genera/ depiction of how building height sha/l gradua/ly lower at the western end of fhis study area. The intent of these height standards is that building height reduces by entire floor leve/s in the /ocafions as generally depicted on Figure 5-25. Notwifhstanding the height allowances depicted on Figure 5-25, ~ buildings fronting directly along Gore Creek and the western end of Lionshead shall express no more than three to four levels before ~ "stepping back" to faller building mass. On the Interstate side of this area building design sha/l be articulafed to avoid large expanses of shear/unbroken wall planes. ~ a. Retention of Existinq Frontaqe Road Ali_qnmenf If the Frontage Road remains in its current location the Maintenance Yard/Holy Cross parcels, the Vaii Professional Building and /Cascade Crossing 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 feasib/e, the old gas station site 16 i • is a viable location for a base terminal. This location would require a grade separated pedestrian crossing over the Frontage Road to the Maintenance Yard/Holy Cross parcels. A strong east-west oriented pedestrian corridor with ground floor retail uses would be necessary fo creafe a sfrong connection between this area and the resf of Lionshead. Under fhis Frontage Road scenario the Vail Professional Building and Cascade Crossing could be developed as a contiguous parcel. It is assumed that these parcels wou/d be re-zoned to Lionshead Mixed Use 1. The Holy Cross site and the Vail Professional Building both abut Red Sandstone Creek. Any redevelopment of these parcels should consider how the Creek can be enhanced and made an assef or amenity of this redevelopment area. b. Frontaqe Road Reali_qnment behind the Maintenance Yard and Holv Cross site The greatest benefif of this realignmenf alternative is that it results in one very large and contiguous development parcel and in doing so integrates the Maintenance Yard/Holy Cross site with the West Day Lot by removal of the barrier created by the existing Frontage Road alignment. It also creates the besf pedestrian environment in creating an extension of the Lionshead Retail area in that it provides the potenfial to • establish a convenient and desirable pedestrian connection to the rest of Lionshead. With this a/fernative the most viable site for a public parking facility would stil/ be the Maintenance Yard/Holy Cross parce/s. With the re-location of the Frontage Road lift access out of the o/d gas station site would nof require a grade separated pedestrian crossing to the Maintenance Yard/Holy Cross parcels. However, a grade separated crossing over the re-located Frontage Road would be needed to link the Holy Cross site with the Vail Professional Building. This alternative would also present the opportunity for relocating and/or enhancing Red Sandstone Creek to make it more accessib/e to the community and an aesthetically pleasing water feature. One possibility may be to pond the creek just south of the 1-70 corridor and diverting all or a portion of the flow underneath the new Frontage Road in order to bring "live water" through the western end of the Holy Cross site. Any modirication or enhancement to the creek corridor would be subjecf to U.S. Army Corp of Engineers approvaL A strong east-wesf oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. ~ 17 Gonsefidated , , ~ The , , , Vreenb , gener,agen. , , hc-is . this , ,Rki trWI , ,sing4e-tFansit step: 5.18 Old Town Shops • The old town shops site has had 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 were thought to be appropriate for the ' site, but it was recognized they were all am not compatible. Inpi4t Are I .M 2003 the Eagle River Water and Sanitation District purchased the o/d town shops site. The site was redeveloped with a surface parking lot Additiona/ly, in 2004 Vail Resorts constructed a bridge across the Gore Creek from this site to provide possible future mountain operations access to Vail Mountain. 5.20 Eagle River Water and Sanifation Districf Whi/e fhis parcel would certainly be a viable developmenf site, the costs to re/ocate uses at this site, particularly the treatment facilities, are very significant. For fhis reason it is assumed that the treafinent facilities will remain in their existing location. A viab/e a/ternative to re/ocating the entire building would be to re/ocate the District's offices and construct "air-rights" deve/opment above and • around the freatment facility. 18 ~ 5.21 Tract K, Glen Lyon Subdivision and Town Owned Stream Tract, and one Unplatted Parcel south of Gore Creek These town-owned parcels are /ocafed along and south of Gore Creek. While they are included in fhe Lionshead study area, no buildings or "vertical" development is contemplated for these parcels. Potential mountain operations through these parcels during winter months should be considered to link West Lionshead with Vail Mountain. 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 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 two new zone districts, Lionshead Mixed Use 1 and 2, which 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 was a proposal to locate a ski lift adjacent to the new structure. The Town recognized the potential impact of a new ski lift on the Town as a whole, 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. It was agreed that the appropriate method to review a potential new ski lift in the area was to pursue an amendment to the Lionshead Redevelopment Master Plan. It was also agreed that potential existed to incorporate several new parcels recently purchase by Vail Resorts into the Master Plan study area at the time of this amendment to the Plan. On November 10, 2005, the Lionshead Redevelopment Master Plan amendment committee assembled to provide input on a possible amendment to the Lionshead Redevelopment Master Plan held the 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. ~ 19 On January 16, 2006, Vail Resorts Development Company, the Town of Vaii, 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, the applicants held an open house at the Vail Mountain Marriott 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 on the existing Vail Village and Lionshead commercial cores. 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 were presented. No text amendments were proposed 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 have been incorporated into ~ the text found in Section V of this memorandum. i On March 13, 2006, the Commission held a public hearing to discuss the proposed amendments to the Lionshead Redevelopment Master Plan. The comments were as follows: • Concern was expressed that the term "employee housing" had been stricken from several locations within the Master Plan recommendations for this area. It was suggested that 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. Some members believed that including a large number of employee housing units in a ski- in ski-out project would be difficult and suggested that a pay in-lieu program would possibly satisfy the need for employee housing. • It was discussed whether or not the Timber Ridge redevelopment should be mentioned in the Master Plan. • The need for the Simba Run vehicular underpass was discussed. • A need for clarity on the number of parking spaces associated with the proposed new West Lionshead parking structure was discussed. • Discussed the need for an express bus between the major portals. • Discussed the need for viable skier drop-off within the proposal. • Concern about the correct retail mix to insure year-round viability. • Discussed taller building heights along the South Frontage Road and scale/step down to the Gore Creek. 0 20 • • Discussed the opportunity to separate elements of the ski schools to alleviate traffic congestion at Golden Peak. On October 9, 2006, the Commission held a public hearing to discuss the proposed amendments to the Lionshead Redevelopment Master Plan. The comments were as follows: • Questions were raised regarding employee housing on the Vail Resorts service yard and Holy Cross Lot. It was expressed that the language may be requiring the site to be the focation of a greater number of employee/locals housing than would be required by any Code requirement the Council may pass. • Stated that more of the employee housing language should remain within the text. Several Commission members believed a greater number of employee/locals housing should be incorporated into any redevelopment of the West Lionshead area. This would add to the viability of the new area. • Believed the east bound exit off I-70 was still a good idea and should remain within the Master Plan. • Concern over the continued expansion of the Master Plan and the associated zoning further west. There was some concern expressed over the inclusion of the Glen Lyon Office Building and the Cascade development. • Concern was expressed that the expansion of retail/commercial in this area had not been proven to be successful. ~ • Concern about not having seen the traffic report/study the Public Works Department had been working on from the main Vail exit to west Vail exit. On November 7, 2006, Staff went to the Town Council to address a concern expressed by the Commission regarding employee housing on the Holy Cross and Service Yard sites. The Commission has questioned the meaning of the existing language of Section 4.9.4.3 and Section 5.17, regarding housing on the Holy Cross and Service Yard sites. Several members of the Commission had indicated that it was their interpretation that the existing language identifying the sites as a"promising" location for "high density" housing eluded to the need for the property owner to not only to provide any employee housing required by Code but possibly more than was required. The Town Council was informed of this concern of the Commission and it was clarified by the Council and Town Attorney that in no circumstance could an owner/developer of private property be required to construct more employee housing than required by Code for their development. On November 13, 2006, the Planning and Environmental Commission held a public hearing to discuss the proposed amendments to the Lionshead Redevelopment Master Plan. The comments were as follows: • The proposed language for the Simba Run underpass should "encourage" the construction of the connection of the Frontage Roads. • The proposed language should include greater description on how structures should "step-down" to the Gore Creek and western end of ~ West Lionshead. 21 • Several members expressed concern over the expansion of the Master Plan boundaries and zoning west of Red Sandstone Creek. • On November 27, 2006, the Planning and Environmental Commission held a public hearing to discuss the proposed amendments to the Lionshead Redevelopment Master Plan. The Comments were as follows: • There was concern about the inclusion of the Glen Lyon Office Building, Cascade Crossing, and Vail Professional Office building sites within the boundaries of the Master Plan Study Area. • There was concern expressed about rezoning the properties west of Red Sandstone Creek to Lionshead Mixed-Use 1 or 2 and the heights that would be permitted. • There was a great deal of discussion regarding the phased realignment of the Frontage Road and understanding how that would occur in , conjunction with redevelopment. IV. ROLES OF THE REVIEWING BOARDS Lionshead Redevelopment 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 ~ 22 ~ Plan and other applicable master plan documents. V. APPLICABLE PLANNlNG DOCUMENTS This section of the memorandum contains portion of the Lionshead Redevelopment Master which are pertinent to the application and proposed to be amended. Lionshead Redevelopment Master Plan (in part) Chapter 2, Introduction 2.1 Purpose of the Master Plan "This master plan was initrated by the Town of Vail fo encourage redevelopment and new development initiatives in the Lionshead study area. Both public and private interests have recognized that Lionshead today /acks the economic vitality of Vail and fails to offer a world c/ass 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 out{iiies 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 fhe development of the Lionshead Master P/an, the following definition has been used as fhe basis for this work: A master plan is a guide, a f/exible 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, rncluding 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 23 may be 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 public notices and public hearings. A proposal's adherence to the policies contained in the adopted master plan wiii 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. 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 performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvemenfs. 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 (`7ive beds" or "warm beds') through new lodging products. 2.3.4 Improved Access and Circulafion The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. • 24 • 2.3.5 lmproved Infrastrucfure 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 etforts and to meet the service expectations of our guests and residents. 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Financially creafive and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources fo fund desired private and public improvements. VI. LAND USE ANALYSIS Zoning and Land Use Designation Analysis Existing Potential New Existing Potential New Master Parcel Zoning Zoning Land Use Land Use Plan Study Designation Designation Area Status • Vail Resorts Lionshead Community Lionshead Maintenance Mixed Use-2 LMU-1 or 2 Office Redevelopment Included Facility (LMU-2) Master Plan Community Lionshead Holy Cross Site LMU-2 LMU-1 or 2 Office Redevelopment Included Master Plan Community Lionshead Gas Station Site LMU-2 LMU-1 or 2 Office Redevelopment Included Master Plan Eagle River Water Use Community Lionshead and Sanitation General Use General or LMU-1 or 2 Office Redevelopment Included District Master Plan Vail Professional Arterial Community Lionshead Building Business LMU-1 or 2 Office Redevelopment Proposed Master Plan Arterial Community Lionshead Cascade Crossing gusiness LMU-1 or 2 Office Redevelopment Proposed Master Plan Tract K, Glen Lionshead Lyon Subdivision SDD No. 4 No Change Open Space Redevelopment Proposed Master Plan ~ 25 Outdoor Recreation Lionshead • Town Owned (OR) and No Change Open Space Redevelopment Proposed Unplatted Parcels Natural Area Master Plan Preservation NAPD) Lionshead Stream Tract NAPD No Change Open Space Redevelopment Proposed Master Plan Development Statistics Existing Existing Existing Potential Potential Potential Parcel/Size height Maximum New height Maximum Zoning limits Density Zoning limits Density Vail Resorts 124 DUs, Maintenance Max 82.5' No No No Facility/3.55 LMU-2 Avg. 71' 386,595 sf Change Change Change acres GRFA ' Holy Cross Max 82.5' 35 DUs, No No No Site/1.24 acres LMU-2 Avg. 71' 108,900 sf Change Change Change GRFA Gas Station -2 Max 82.5' 32 54 450 DUs, sf No No No • Site/0.94 acres LMU Avg. 71' GRFA Change Change Change ~ Eagle River Water and Prescribed Prescribed by LMU-1 or Max 65 DUs, Sanitation General Use by the PEC the PEC LMU-2 82•5' 163,350 sf District/1.88 Avg.71' GRFA acres Vail Professional Arterial Max 40' Type III Conditional EHUs LMU-1 or Max 31 DUs, Building/0.89 gusiness 70% at 32' Use, 23,261 sf LMU-2 82•5 96,921 sf acres or less GRFA Avg. 71' GRFA Cascade Max 40' Type III -1 or Max 35 DUs, Crossing/1.02 Arterial gusiness 70°a at 32' Conditional EHUs Use, 23,261 sf LMU LMU-2 82.5 98,010 sf acres or less GRFA Avg. 71' GRFA Tract K, Glen Per the No DUs, No SDD No. No No Lyon Subdivision SDD No. 4 Approved GRFA 4 Change Change Plan Outdoor Outdoor Recreation Max 24' in Not applicable Recreatio Town Owned n and (OR) and OR, Not in either No No Unplatted Parcels Natural Area Applicable zoning Natural Change Change (tw0) Preservation in NAPD districts preservat Area (NAPD) ion ~ 26 ~ Natural Stream Tract NAPD NOt Not Applicable Area No No Applicable Preservat Change Change ion 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 detailed recommendations for development within the "West Lionshead" area. 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 0 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. This change of property ownership has increased the opportunities for coordinated redevelopment of the area. The possibility of a ski lift, the construction of a bridge substantial enough to support the weight of snow cats adjacent to the Eagle River Sanitation Plant, 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 changes 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, • 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 27 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. In addition, the Master Plan identifies as a goal the removal of snow-cats from West Forrest Road and the gaining of access across Tract K of the Glen Lyon Subdivision, however, Tract K and the stream tract were not included within the boundaries of the Master Plan. The logic of comprehensive Master Planning dictates that the study area to the west should include the remaining parcels. • How would an addition, deletion, or change to the plan be in concert with the plan in general? I The Vail Land Use Plan designates the Vail Professional Building and Cascade Crossing 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 institutions, and medical offices. The design of these facilities would be oriented to vehicular access and parking." As this designation is consistent with the Vail Land Use Plan designations for the ~ western portion of Lionshead, staff believes that the additjon 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 belisves are applicable to this application: 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 communify inferaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, sfreetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds ~ 28 !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 (streefs, 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 ' redevelopmenf and revitalization efforts and to meet the ' service expecfations of our guests and residents. 2.3.5 Creafive Financing for Enhanced Private Profits and ~ Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all ~ possible sources fo 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, Tract K, and the Town owned unplatted parcels into the Lionshead Redevelopment Master Plan is in concert with the policy objectives of the Plan. Vlll. STAFF RECOMMENDATION . The Community Development Department recommends that the Planning and Environmental Commission fonrvards a recommendation of approval, with conditions, to the Vail Town Council of a proposed 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, and 1031 South Frontage Road West/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. 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 fol?owing conditions be made as part of the motion: 29 1 1. The applicant shall have revised copies of the Lionshead ~ Redevelopment Master Plan supplemental Maps A through W addressing all changes created by the text amendment prior to being scheduled for reading of a Resolution to adopt the changes to the Master Plan. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions of the applicants' request, staff recommends that the folfowing finding be made as part of the motion: "The Commission finds that the proposed text and map amendments to the Lionshead Redevelopment Master Plan comply with the review criteria outlined in Section Vll of the memorandum to the Planning and Environmental Commission, dated December 11, 2006, and that the amendments, as proposed, further the goals, objectives and policies, as stated in Chapter 2 of the Lionshead Redevelopment Master Plan. " IX. ATTACHMNENTS A. Map of area proposed for inclusion in the Lionshead Redevelopment Master Plan with this amendment B. Proposed Figure 4-9 C. Proposed Figure 4-9a D. 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X w • a > 5 Z ~ • ~ ~ y5 . ~ N , ^ ~ O N r pp ` • ' J • ? w ~ ~ . ~ ~ , ~ . ~1; ' - t ~j ~ i I Q > ' (D ~ a • ~ A ~ L ko 5 N r ' ~ 1~ . . • LA ~ . ~ • . m X V l7 ~ ¢ ~ a t _ _ . . i 4•, , y ,l ~ i' . • • 'ti • -_:\.:',~;i ;K " 1~'` _.ty ~ • ~ • . ~ Attachment: D , ~ • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 11, 2006 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed amendments to Chapters 14- 2, Definitions, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create wildfire regulations and require Class A roof covering materials for all structures within the Town of Vail, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede 1. SUMMARY The applicant, the Town of Vail, is proposing text amendments to Chapters 14-2, Definitions, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create wildfire regulations and r.equire Class A roof covering materials or Class A roof . assemblies for all structures within the Town of Vail. Town Staff has made numerous proposals to the Planning and Environmental Commission regarding wildfire regulafions, and after consulting with the Design Review Board and the Town Council, has now decided to propose giving applicants an option to choose either Ciass A roof assembly or Class A roof covering materials. This amendment will modify Chapter 14-2, Definitions, and Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, in order to require that all structures utilize Class A roaf assemblies or Class A roof covering materials, as defined by the adopted building code, in the Town of Vail. The proposed text amendment will also ban wood shake and shingles as roofing materials. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed text amendments, subject to the findings noted in Section VII of this memorandum. !I. DESCRIPTION OF REQUEST The danger of wildfire in Vail has been a pressing issue for many years, with intertwined issues of pine beetle infestation, drought, and an increase in development adjacent to Forest Service properties. The Town has worked with partners including the Forest • Service and Eagle County to mitigafe wildfire risk at the perimeter of the Town by conducting controlled burns and tree removal in select locations. This perimeter would potentiaiiy stop fire from traveling from the forest to homes as well as the greater risk i ! from homes to the forest. However, this action is not enough to reduce the potential • devastating effects on the Town. In order to protect citizens and their property, it is necessary to mitigate hazards on private property, not only on public land bordering Forest Service property. Wildfire Regulations have been adopted in communities throughout the country, and the Town has concluded that they are a necessary regulation for Vail. Over the past year, Town Departments including Fire, Planning, ! Building, and Environment Health have been collaborating to draft Wildfire Regulations that would reduce the risk of destruction of property and spreading wildfires. Staff is requesting that the Planning and Environmental Commission consider a new text amendment that will require applicants to utilize Class A roof assemblies or Class A roof covering materials for all structures in the Town of Vail. This option will allow more flexibility and more applicants to come into compliance. Class A roof assemblies and roof covering materials represent the highest fire rating by the International Building Code and once structures in Vail have come into compliance with this regulation, the Town will likely be more protected against the spread of fire via roofing materials. The text amendment will also modify the Development Standards Handbook to add definitions and remove any language showing preference to materials that are not FireWise. The amendment will also outright ban wood shake and shingles as roofing materials. Staff anticipates that this text amendment is the first of many, as a phased approach to the Wildfire Regulations.is considered. The proposed amendments are indicated in bold (additions) and c4riLo_thrni,,.ti (deletions) as follows: TITLE 14: DEVELOPMENT STANDARDS HANDBOOK • Chapter 2: Definitions (in part): DEFENSIBLE SPACE: An area around structures where non-FireWise plant . material capable of causing a fire to spread have been modified, cleared, or reduced to act as a barrier between an advancing fire and resources or lives at risk. FIREWISE PLANT MATERIALS: As outlined in the latest version of Colorado State Foresf Service publication #6.305, "FireWise Plant Materials." ROOF ASSEMBLY: A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and roof deck. A roof assembly includes the roof deck, vapor retarder, substrate or thermal barrier, insulation, vapor retarder and roof covering. ROOF COVERING: The covering applied to the roof deck for weather resistance, fire classification, or appearance. Chapter 10: Design Review Standards and Guidelines (in part): 8. Site Planning: ~ 3. Removal of trees, shrubs, and other native vegetation shall be limited to 2 ~ • removal of those essential for development of the site,-er those identified as diseased or fhose essential for creating defensible space. Mitigation may be required for tree removal. D. Building Materials and Design: 1. The use of noncombustible building materials and designs intended fo prevent the spread of fire are high/y encouraged. Predominantly natural building materials shall be used within the Town of Vail. The exterior use of wood, wood siding, weed-sh+ngles, native stone, brick, concrete, sfucco, and EIFS may be permitted. Concrete surfaces, when permitted, shall be treated ' with texture and color; however, exposed aggregate is more acceptable than raw I concrete. The exterior use of the following siding materials shall be prohibited: stucco dr EIFS with gross textures or surface features that appear to imitate other materials, simulated stone, simulated brick, piastic and vinyl. . . , steeP, i'G, The exterior use of any building material, including those not specifically identified by this Section, shaii only be permitted, unless otherwise prohibited by this Code, where the Design Review Board finds: a. thaf the proposed material is satisfacfory in general appearance, quality over time, architectural style, design, color, and texture; and, b. that the use of the proposed material complies with the intent of the • provisions of this Code; and, c. that the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town of Vail.-; and, d. that the material is noncombustib/e or aids in fhe prevention of fires. 4. The majority of roof forms within Vail are gab/e roofs with a pitch of at least four feet (4) in twelve feet (12). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, fire safety and so/ar exposure should be integral to the roof design. 6. All structures shall have C/ass A roof assemb/ies, as defined by the adopted building code. The use of shake, concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and built-up tar and gravel roofing may be permitted. Metal roofing, when permitted, shail not refiect direct sunlight onto an adjacent property and shall be surfaced with a low-gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including but not limited to a sfanding seam). Asphalt and fiberglass shingles, when permitted, shall weigh no /ess than fhree hundred (300) pounds per roofing square. The use of wood shake, wood shingles and rolled roofing shall not be permifted. The use of any roofing material, including those nof specifically identified by this Section, shall only be permitted, unless otherwise prohibited by this Code, where • the Design Review Board finds: 3 a. that the proposed material is satisfacfory in generai appearance, quality • ' over time, architectural style, desrgn, color, and texfure; and, b. that the use of the proposed material complies with the intent of the provisions of this Code; and, c. that the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town of Vail.-; and, d. that the material is noncombustible or aids in the prevention of fires. G. Landscaping, Drainage, and Erosion ConfroL 1. Various natural vegetation zones exist within the Gore Valley as a result of the form and aspects of the land itself. The north facing slopes within the valley are typically heavily wooded with spruce, pine and aspen and generally receive less direct sunlight than the drier south facing slopes which typically consist of sage, aspen and other vegetation tolerant of drier conditions. The valley floor which is adjacent to Gore Creek consists of a wide variety of trees and shrubs adapted to the relatively fertile soil and natural availability of water. The goal of any landscape plan should be to preserve and enhance the natural landscape character of the area in which it is to be located and serve as an aid in fire prevention and protection. The landscape scale and overall landscape design shall be developed so that new vegetation is integral with the natural , landscape and the inherent form line, color and texture of the local plant communities. Since the major objective of the landscaping is to help reduce the scale of new structures and to assist in the screening of structures, the planting of large sized plant materials is encouraged. FireWise plant materials are • encouraged due to their ability to resist fire. Trees should be maintained through limbing and pruning in order to prevent limbs from being too close to structures and other plant materials. Special care should be taken in selecting the types of plants to use when designing a landscape plan. Fanal selection should be based upon the soils and climate, ease of establishment, suitability for the specific use desired, ability to deter the spread of fires and the level of maintenance that can be provided. New planting shall use plants that are indigenous to the Rocky Mountain alpine and sub-alpine zones or as capable of being introduced into these zones. A recommended list of plant materials, some indigenous to the Vail area, is on file with the Department of Community Development. Also indicated on the list are FireWise plant materials sFaamen#als-which are suitable for planting wifhiri the Varl area. The minimum sizes of landscape materrals acceptable are as follows: III. BACKGROUND In 2004, Eagle County hired Dynamac Corporation to conduct the Eagle County Wildland Fire Hazard Assessment and Mapping. The result was the Eagle County Wildfire Regulations. Since then, the Town has teamed with the County to create its own Wildfire Regulations. The Town has also teamed with the Forest Service on wildfire mitigation projects as part • , of the Vail Valley Forest Health Initiative. This initiative has included numerous 4 • controlled burns throughout the Town in order to mitigate wildfire hazard. The controlled burns create a buffer between the Forest Service properties and Town land and have occurred at Booth Creek, the Upper Bench of Donovan Park and at The Falis Condominiums. The Fire Department also continues to lead a public information campaign and offers free wildfire hazard evaluations to any property in Town. However, these projects alone cannot stop the serious threat of wildfires. Since last year, the Town of Vail's Fire, Planning, Building, Public Works and Environment Health Departments have been collaborating on the development of Wildfire Regulations. Staff has been working on these Regulations as one part of the solution to potential wildfires. Staff feels the public will benefit from the proposed regulations, as they will increase awareness of wildfire hazards and provide methods to mitigate such hazards. Staff held four worksessions with the Planning and Environmental Commission in order to educate the Commission on fire science and the proposed text amendments. On May 8, 2006, Staff gave a general overview of the danger of wildfire in the Town of Vail and informed the PEC of the potential need for Wildfire Regulations. On June 12, 2006, Staff provided an in depth explanation of fire danger, pine beetle, and mapping methodology. On July 10, 2006, the worksession included two site visits during which Tom Talbot from Vail Fire and Emergency Services demonstrated a wildfire risk investiga#ion, explaining which types of mitigation could occur on the properties. On July 24, 2006, the PEC provided additional comments to Town Staff and tabled this item in order for Staff to respond to comments and test the regulations. Staff also held worksessions with the • Design Review Board on June 21, 2006 and July 5, 2006 that were similar to those held with the Planning and Environmental Commission. Staff has listened to the concerns of both Boards and has attempted to address all concerns by modifying the Regulations. Staff began testing the original proposed Regulations by reviewing all applications and conducting site-specific surveys and analysis and found that there is substantial staff time involved in enforcing the wildfire regulations. While the original text amendments included a system for evaluating the fire risk to individual properties, a lack of staffing prevents the Town from enforcing such regulations. Staff returned to the Planning and Environmental Commission on October 9, 2006 in order to propose requiring Class A roof assemblies for all structures within the Town. The PEC recommended approval with modifications that included allowing duplex owners to re-roof at difFerent times in order to come into compliance. The PEC also recommended that the public be notified of such text amendments, and a press release was generated last week to inform the public of this meeting. Staff consulted the Design Review Board regarding the allowance of re-roofing a duplex at different times. The DRB recommended that the policy requiring uniformity of structures and compatibility of materials be lifted when dealing with this new regulation. However, on December 5, 2006, Staff went before the Vail Town Council to discuss the I policy requiring uniformity. The Town Council feels that uniformity of structures should continue and that even with a text amendment that would create new roofing • requirements, this policy should remain. 5 This has resulted in a new proposal for a text amendment that will allow applicants to • choose between a Class A roof assembly or a Class A roof covering material. This will allow for more flexibility for the applicant and will ensure that applicants are able to come into compliance. The result will be safer homes with less chance of spreading fire. IV. ROLES O.F REVIEWING BODIES Order of Review: The Planning and Environmental Commission review text , amendment applications and forwards 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 Vail Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. However, since the Wildfire Regulations may affect the way the Design Review Board reviews applications, Town Staff has held worksessions with the Design Review Board to keep them informed of potential changes. Town Council: The Vail 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 Vail 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 Vail 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 with a memorandum containing a description and background of the application; an evaluation of the application concerning the criteria and findings outlined by the Vail Town Code; and a recommendation of approval, approval with modifications, or denial. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoninq Requlations (Title 12, Vail Town Code) Chapter 12-1: Title, Purpose and Applicability 12-1-2: Purpose A. Genera/: 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 residenfial community of high quality. 6 ~ • 12-3: Administration and Enforcemenf 12-3-7: AMENDMENT: C. Criteria And Findings: 2. Prescribed Regulafions Amendment: a. Factors, Enumerated: Before acting on an applicatron for an amendment to fhe regulations prescribed in this Title, the Plannrng and Environmental Commission and Town Council shall consider the following factors with respect to the requested text amendment: (1) The exfent to which the text amendrnent furthers the general and specific purposes of the zoning regulations; and (2) The extent to which fhe text amendment wouid better implement and better achieve the applicable elemenfs of the adopted goa/s, objectives, and policies outlined in the Vail comprehensive plan and is compafible wifh the development objectives of the town; and , (3) The extenf to which the fext amendmenf demonstrates how conditions have substantially changed since the adoption of the subject rsgulatron and how the existing regulation is no longer appropriafe or is inapplicable; and (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulafions consistent with municipal development objectives; and (5) Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. • Town of Vail Development Standards Handbook (Title 14 Vail Town Code) Chapter 94-1: Administration 14- 9- 9: Purpose and Intent /f is the purpose of these rules, regulations, and sfandards to ensure the general health, safety, and welfare of the community. These rules, regulations, and standards are intended to ensure safe and efficient development within the town for pedestrians, vehicular traffic, emergency response traffic, and the community at large. The development standards will help protect property values, ensure the aesthetic quality of the community and ensure adequate development of property within the Town. International Buildinq Code Section 1505: Fire Classifications 1505.9 Generai. Roof assemblies shall be divided into the classes defined below: Class A, B and C roof assemblies and roof coverings reguired to be listed by this section shall be tested in accordance with ASTEM E 108 or UL 79. In addition, fire-retardant-treated wood roof coverings shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on buildings shall comply with Table 1505.1 based on the type of consfruction of the building. 1505.2 C/ass A roof assemblies. Class A roof assemblies are those that are ~ effective against severe fire test exposure. Class A roof assemblres and roof • coverings shafl be listed and identifred as Class A by an approved testing agency. Class A roof assemblies shall be permitted for use in burldings or ' structures of ali types of construction. 7 ! Exception: C/ass A roof assemb/ies include those with coverings of brick, • masonry, slate, clay or concrete roof tile, exposed concrete roof deck, ferrous or copper shingles or sheets. VI. CRITERIA AND FINDINGS The review criteria and factors for consideration for a request of a text amendment to Title 12 are established in accordance with the provisions of Chapter 12-3, Vail Town Code. As there are no formal criteria for text amendments to Title 14, the provisions from Title 12 will be used for all proposed text amendment to provide for stringent criteria. A. Consideration of Factors Reqardinq the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations and the Development Standards Handbook; and Staff believes that the proposed text amendments further the general and specific purposes of Titles 12 and 14. Providing regulations that will aid in the prevention of fire and promote fire safety will further the purpose of promoting the health, safety, morals, and general welfare of the Town. The Wildfire Regulations will also promote the coordinated and harmonious development of • the Town in a manner that will conserve and enhance its natural environment. These regulations will also promote a specific purpose of Title 12, which is to secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 2. The extent to which the text amendment would better irnplement 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 better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town. 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 Staff believes that the proposed text amendments will update the Code to reflect . changing conditions in fire safety throughout the Vail Valley. The increase in pine beetle infestation coupled with drought has increased our risk for massive wildfires and these regulations are in response to these issues. • 4. The extent to which the text amendment provides a harmonious, 8 Y • convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff believes that the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. ' B. The Planning and Environmental Commission shall make the followinq findinqs before forwardinq a recommendation of approval for a text amendment: 1. That the amendments are consistent with the applicabte 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 the Development Review Handbook; 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. I VN. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval to the Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed text amendments to Chapter 12-2, Definitions, and Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, to create Wildfire Regulations that require Class A roof assemblies or Class A roof covering materials. Should the Planning and Environmental Commission choose to approve these proposed text amendments, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Town Council, pursuant to Section 12- 3-7, Amendment, Vail Town Code, for the Town of Vail's request for proposed text amendments to Chapters 14-2, Definitions, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create Wildfire Regulations that require C/ass A roofing assemblies or Class A roof covering materials, and setting forth details in regard thereto. " • Staff's recommendation is based upon the review of the criteria in Section VII of this memorandum and the evidence and testimony presented. Should the Planning & 9 Y . . , I Environmental Commission choose to recommend approval of the proposed • amendments Staff recommends that the following findings be incorporated into a motion: "9. That the amendments are consistenf 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 fhe general and specific purposes of the Developmenf Sfandards Handbook; and 3. Thaf 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 highesf quality." • • 10 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 11, 2006 _ SUBJECT: A request for a finai review of an Exemption Plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for the modification of three existing building envelopes to eliminate encroachments into common area parcels, the combination of several common parcels into a single common parcel, and the exchange of equal sized parcels between Ridge at Vail and Cliffside Lot 1, located at 1460A-F Ridge Lane and 1452 Cliffside Drive/Lots A-L, Ridge at Vail Subdivision, and Lot 1, Cliffside Subdivision and setting forth details in regard thereto. (PEC06-0079) Applicant: Ridge at Vail Homeowners Association and Mike Young Planner: Warren Campbell 1. SUMMARY ~ The applicants, Ridge at Vail Homeowners Association and Mike Young, 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 A-L, Ridge at Vail Subdivision, and Lot 1, Cliffside Subdivision, located at 1460A-F Ridge Lane and 1452 Cliffside Drive. The proposed final plat amendment involves the modification of three existing building envelopes to eliminate encroachments into common area parcels, the combination of several common parcels into a single common parcel, and the exchange of equal sized parcels between Ridge at Vail and Cliffside Lot 1. Staff is recommending approval of this application subject to the findings and criteria outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, Ridge at Vail Homeowners Association and Mike Young, are proposing the modification of three existing building envelopes to eliminate ' encroachments into common area parcels, the combination of several common • parcels into a single common parcel, and the exchange of equal sized parcels between Ridge at Vail and Cliffside Lot 1. Review of this of the proposed final plat is occurring, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code. The proposed final plat includes the following changes: • Widening of the platted building envelopes resulting in the elimination of • encroachments by the structures on Lots 5A, 5C, and 5H, into common parcels owned by the association. The widening of these Lots building envelopes ranges between 1.42 and 2.29 feet. 1 • The combination of four common area parcels, 5D, 5E, 5F, and 5L results in • there being a single common parcel identified as 5D. • The exchange of equai sized parcels of land measuring 676 square feet in area between Ridge at Vail and Lot 1, Cliffisde, which was previously approved by the Planning and Environmental Commission on August 22, 2005. A vicinity map is attached depicting the subject property (Attachment A), as is a reduced copy of the proposed amended final plat Amended Final Plat: Lots 5A. 5113, 5C, 51), 5H, 5J, 5K, The Ridqe At Vail, And Lot 1, Cliffisde, A replat of Lots 5A, 513, 5C, 5D, 5E, 5F, 5H, 5J, 5K, and 51L, The Ridqe At Vail, And Lot 1, Cliffside, Town of Vail, Eaale Countv, Colorado (Attachment B). III. BACKGROUND . Ridge at Vail, Lots 5A-L and Lot 1, Cliffside are zoned Residential Cluster (RC) zone district according to the Official Town of Vail Zoning Map. Both parcels were annexed into the Town of Vail through Ordinance 9, Series of 1987, which was effective on April 29, 1987. On April 11, 2005, the Planning and Environmental Commission approved a minor subdivision, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to amend the lot sizes and configurations of Lot 4 Ridge at Vail Subdivision and Lot 1 Cliffside Subdivision located at 1452 and 1453 Cliffside Drive. The approval of the minor subdivision, resulted in the combination Lot 4, Ridge at Vail Subdivision and Lot 1, Cliffside Subdivision into one parcel, Lot 1, Cliffside Subdivision, and the • creation of Tract "A". On August 22, 2005, the Planning and Environmental Commission approved a minor subdivision to amended the configurations of Lot 5L, Ridge at Vail and Lot 1, Cliffisde, which resulted in the exchange of equaled sized parcels of land measuring 676 square feet. This plat was never recorded. On July 10, 2006, the Planning and Environmental Commission approved an amended final plat to combine Lot 1 and Tract "A", Cliffside Subdivision, into a single lot, Lot 1, Cliffside Subdivision. IV. ROLES OF REVIEWING BOARDS PlanninQ 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. Desiqn 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. 2 • Staff: The staff is responsible for ensuring that ail submittai 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 fihe 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. • 3 - - VI. SURROUNDING LAND USES AND ZONING Land Use Zoninq • North: Residential Residential ClustEr East: Residential Residential Cluster/Singie-Family West: Residential Residential Cluster South: Residential Residential Cluster VII. 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: (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: Staff has reviewed the proposed amended final plat and found it to be in compliance with all applicable elements of Vail Comprehensive Plan. (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 12, Zoning Regulations and other pertinent regulations that the Planning and Environmental Commission deems applicable; and Staff Response: Staff has reviewed the proposed amended 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 re/ationship among land uses consistent with municipal development objectives; and Staff Response: The proposed amended final plat will not negatively affect the workable relationship among land uses as the proposal will maintain the current land uses and zoning. The proposed exchange of equal sized parcels of land, measuring 676 square feet, will result in lots which function better for both applicants as conditions have changed since the initial platting • of the property when access to Lot 1, Cliffside (formerly Lot 4 Ridge at Vail) was anticipated to gain access off of Ridge Lane. In addition, the widening of the platted building envelopes results in the elimination of encroachments by the structures on Lots 5A, 5C, and 5H, into common parcels owned by the Ridge at Vail Homeowners Association. All the proposed changes associated with this amended final plat have no effect on development . potential already currently allowed under the Code. • 4 (4) The extent of the effects on the future development of the surrounding • area; and Staff Response: The proposed amended final plat will not negatively affect the future development of the surrounding area as there are no implications of this application on neighboring properties. (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 amended final plat 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 to avoid future land disruption to upgrade under-sized lines; and Staff Response: The proposed amended final plat 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 amended final plat to will continue to allow for the orderly growth of the community and serves the interests of the community as the owners of Lots 5A, 5C, and 5H will no longer encroach into common parcels owned by the Ridge at Vail Homeowners Association and the common property line between Ridge at Vail and Lot 1, Cliffside will result in a greater amount of Ridge Lane being located on Ridge at Vail property verse Lot 1, Cliffside. (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 nafural features; and Staff Response: Staff does not believe the proposed amended final plat results 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 5 , • (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 appropriafe 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. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves an amended final plat pursuant to Chapter 13- 12, Exemption Plat Review Procedures, Vail Town Code, to allow for the modification of three existing building envelopes to eliminate encroachments into common area parcels, the combination of several common parcels into a single common parcel, and the exchange of equal sized parcels between Ridge at Vail and Cliffside Lot 1, located at 1460A-F Ridge Lane and 1452 Cliffside Drive/Lots A-L, Ridge at Vail Subdivision, and Lot 1, Cliffside Subdivision. Should the Planning and Environmental Commission choose to approve the • amended 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 the modification of three existing building envelopes to eliminate encroachments into common area parcels, the combination of severa/ common parcels into a single common parcel, and the exchange of egual sized parce/s between Ridge at Vail and Cliffside Lot 1, located at 1460A-F Ridge Lane and 1452 Cliffside Drive/Lots A-L, Ridge at Vail Subdivision, and Lot 1, Cliffside Subdivision, 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 13-3-4A, Vail Town Code; and • 6 . (2) That the subdivision is consistent with fhe adopted goals, objectives and I 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. ATTACHMENTS A. 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THIS ITEM MA UBL C NOTIOER PROPERTY NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vaii will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on December 11, 2006, at 1:00 pm in the Town of Vail M.unicipal Building, in consideration of: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed amendments to Chapters 14-2, Definitions, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create wildfire regulations and require Class A roof covering materials for all structures within the Town of Vail, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede A request for a final review of an Exemption Plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures,, Vail Town Code, to allow for the modification of existing ~ building envelopes to eliminate encroachments into common area parcels, the combination of several common parcels into a single common parcel, and the exchange ~~610 of equal sized parcels between Ridge at Vail and Cliffside Lot 1, located at 1460A-F Ridge Lane and 1452 Cliffside Drive/Lots A-L, Ridge at Vail Subdivision, and Lot 1, ~ Cliffside Subdivision and setting forth details in regard thereto. (PEC06-0079) Applicant: Ridge at Vail Homeowners Association and Mike Young Planner: Warren Campbell A request for a recommendation to the Vail Town Council that the Crossroads Reinvestment Plan is consistent with the Vail Comprehensive Plan. The proposed urban renewal area included in the Crossroads Reinvestment Plan generally includes the Crossroads redevelopment approved by Town of Vail Ordinance No. 5, 2006, and is ' entirely within Special Development District No. 39, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth detaiis in regard thereto. Applicant: Vail Reinvestment Authority Planner: Russ Forrest 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 an addition above an existing garage within the front and side setbacks, located at 315 Mill Creek Circle/Lot 2, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0080) Applicant: Howard and Judy Berkowitz, represented by Mauriello Planning Group, LLC Planner: Bill Gibson I I ~ Attachment: C A MEMORANDUM ' TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 11, 2006 SUBJECT: A request for a recommendation to the Vaii Town Council that the Crossroads Reinvestment Plan is consistent with the Vail Comprehensive Plan. The urban renewal area within the Crossroads Reinvestment Plan located at 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1 Applicant: Vail Reinvestment Authority Planner: Russeli Forrest 1. SUMMARY The Vail Reinvestment Authority is requesting that the Planning and Environmental Commission find that the Crossroads Reinvestment Plan (Attachment A) is consistent with the Town of Vail Comprehensive Plan. The purpose of this plan is to facilitate the redevelopment of the Crossroads project by removing or curing covenants that may impede redevelopment. Staff is recommending that the Planning and Environmental Commission find that the Crossroads Reinvestment Plan is consistent with the Vail i • Comprehensive Plan. . I II. DESCRIPTION OF THE REQUEST The applicant, the Vail Reinvestment Authority, is requesting that the Planning and Environmental Commission make a recommendation to the Vail Town Council that the Crossroads Reinvestment Plan is consis.tent with the Town of Vail's Comprehensive Plan. This Crossroads Reinvestment Plan ("Plan") has been prepared by the Vail Reinvestment Authority ("VRA") for adoption by the Vai{ Town Counci{ of the Town of - Vail pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes. This Plan is prepared and adopted to satisfy the requirements of § 31-25-107, C.R.S., that an urban renewal plan be adopted by the governing body of the municipality before an urban renewal authority undertakes an urban renewal project. III. BACKGROUND . The Crossroads Project includes the construction of 69 condaminium units, a 338 space parking facility, and retail facilities. The Crossroads Project includes substantial public amenities including a public plaza and skating rink, a three screen movie theatre, a ten lane bowling alley, additional parking spaces beyond those needed for the Project, and substantial public art, along with other features of benefit ta the Tawn. Certain obsolete restrictive covenants cloud the title to the Crossroads property and prevent financing of the redevelopment as proposed. lt is necessary to remove these obsolete restrictive covenants in order for the redevelopment to proceed. This Crossroads Reinvestment • Plan ("Plan") has been prepared by the Vail Reinvestment Authority ("VRA") for adoption by the Town Council of the Town of Vail pursuant to provisions of the Urban Renewal 1 . Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes. The • approval of this plan would allow an Urban Renewal Authority District to be created and facilitate the removal of the obsolete restrictive covenants To create an Urban Renewal Authority district certain conditions of "blight" must be found in the area. The blight definition in the Urban Renewal Law defines conditions that can impair the sound growth and development of a municipality. A blight study was prepared in October of 2006 by Matrix Design group entitled "Vail Cross Roads Reinvestment Study (See Attachment B). There are 11 categories of blight as defined by State Law. Seven blight factors were found at Cross Roads including: • Slum, • deteriorated, or deteriorating structures • Unsanitary or unsafe conditions • Deterioration of site or other improvements • Unusual topography or inadequate public improvements or utilities • Defective or unusual conditions of title rendering the title non-marketable; • The existence of conditions that endanger life or property by fire or other causes • Buildings that are unsafe or unhealthy for persons to live or work in IV. ROLES OF THE REVIEWING BOARDS The Planning and Environmental Commission is required by state statute to make a • recommendation to the Vail Town Council on whether the Crossroads Reinvestment I Plan conforms to the Town of Vail Comprehensive Plan. The Town Council is the final decision making authority and will be asked to consider the approvai of a resolution to adopt the plan. V. APPLICABLE PLANNING DOCUMENTS The following are applicable components of the of the Town of Vail Comprehensive Plan which relate to Cross Roads proposals and were used in the evaluation of the Cross Roads Special Development District. A. Vail Land Use 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 af 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. , I 2 , • 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 Vai1 should accommodate most of the additionaf growth in existing developed areas (infi(I areas). 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. • 3.0 Commercial 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Vilfage and Lionshead areas are the best location tor 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 I existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. , . 4.3 The ambiance of Vaif Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, 3 , 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 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. 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, • Staff believes that the application complies with the goals and objectives identified above. B. Vail Village 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 indusfry 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 p/azas, and streetscape improvements to the pedestrran network throughout the Village. Policy 2.4.2: Actrvity that provides night life and evening entertainment for both the guest and the community shall • be encouraged. 4 • Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commerciai facilities to better serve the needs of our guests. Policy 2.5.9: Recreation amenities, common areas, meeting facilities and other amenities sha// 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. 9: 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 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 projecfs shall incorporate streefscape improvements (such' as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Policy 3.1.2: Public art shall be encouraged af 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. 5 . Objective 4. 9: 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-re/ated facilities, existing natural open space areas at the base of Vail Mountain and throughout Vai! 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 aesfhefics of the transportation and circulation system throughout the Village. Objective 5.1: Meet parking demands with public and private parking facilities. Policy 5. 9. 9: For new development that is located outside the Commercial Core 1 Zone District, on-site parking shall be provided (rafher 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 fhe number of addifional 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 /ease parking program as a means for maximizing the utilization of • private parking spaces. 6 • Polrcy 5. 1.5: Redeve%pment projects shall be strongly encouraged to provide undergraund 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 sha!l be the primary pick up and drop off point for public transit and private shuttle vans and taxrs. Objective 5.4: Improve the streetscape of circulation corridors i throughout the Village. Policy 5.4.1: The Town shall work with the Colorado Division of Highways toward fhe implementation of a landscaped boulevard and parkway a/ang the South Frontage Road. Policy 5.4.2: Medians and rrght-of-ways shall be landscaped. Goal #6: To ensure the continued improvement of the vital operational ~ elements of the Village. Objective 6.1: Provrde service and delivery facilities for existing and new development. Objective 6.2: Provide for fhe safe and efficient functions of fire, police and public utilities within the context of an aesthefically pleasing resort setting. Policy 6.2.1: Development projecfs 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. Policy 6.2.2: 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 applicab/e) 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 seivices. The Town Council on March 21, 2006 approved Ordinance 5, Series of 2006 with a finding that the proposed project was consistent with the 7 above mentioned plans which are components of the Vail Comprehensive • Plan. VI. FINDING/CRITERIA FOR REVIEWING THE PLAN Based on § 31-25-107, C.R.S the Planning and Environmental Commission shali determine whether the Cross Roads Reinvestment Plan is in conformity to the Town of Vail's Comprehensive Plan. The Vail Land Use Plan and the Vail Village Master Plans , are components of the Town of Vail Comprehensive Plan. As mentioned above, the I proposal was found to be consistent with both the Vail Land Use Plan and the Vail Village Master Plan and is therefore consistent with the Vail Comprehensive Plan. The adoption of the Cross Roads Reinvestment Plan will, if approved, remove impediments in the form of restrictive covenants to the development of the Cross Roads project. VI1. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission find that the Crossroads Reinvestment Plan is consistent with the Town of Vail's Comprehensive Plan. Staff's recommendation is based upon the review of the proposal as outlined in Section V and VI of this memorandum and the testimony and evidence presented. Should the Planning and Environmental Commission choose to make this finding, staff 'recommends that the following findings be made: "That upon review of the proposed, the Planning and Environmental Commission • ' finds that the Cross Roads Reinvestment Plan, as proposed, is in conformity with the Town of Vail's comprehensive plan as stated in section V of this memorandum. The Commission's determination of findings is based upon, review of the criteria and the testimony and evidence presented on this application." Attachments: A. Cross Rnads Reinvestment Plan B. Vail Cross Roads Reinvestment Study (Reference Only) • s • I Attachment A: ~ CROSSROADS REINVESTMENT PLAN VAIL REINVESTMENT AUTHORITY ' December 2006 ~ ~ TABLE OF CONTENTS ~ L INTRODUCTION ...................................................................................................................1 1.1 Preface .............................................................................................................................1 1.2 Background .....................................................................................................................1 1.3 Definitions .......................................................................................................................1 2. LEGISLATIVE FINDINGS ....................................................................................................2 2.1 Qualifying Conditions 2 ~ 2.2 Projects ............................................................................................................................2 2.3 Planning Approval 2 2.4 Consultation 2 2.5 Public Hearing 2 2.6 Boundaries of the Plan Area 3 2.7 Other Findings 3 3. DESCRIPTION OF PLAN OBJECTNES .............................................................................3 4. PLAN IMPLEMENTATION ..................................................................................................4 4.1 Property Acquisition 4 4.2 Relocation Assistance and Payments 4 4.3 Redevelopment Agreements 4 ~ 4.4 Interagency Cooperation 5 5. MODIFICATIONS TO THIS PLAN ......................................................................................5 6. TERMINATION ......................................................................................................................5 i ~ ~ ~ CROSSROADS REINVESTMENT PLAN December 2006 I. INTRODUCTION Preface This Crossroads Reinvestment Plan ("Plan") has been prepared by the Vail Reinvestment Authority ("VRA") for adoption by the Town Council of the Town of Vail pursuant to provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31, , Colorado Revised Statutes. This Plan is prepared and adopted to satisfy the requirements of C.R.S. § 31-25-107, that an urban renewal plan be adopted by the governing body of the municipality before an urban renewal authority undertakes an urban renewal project. The administration of this project and the enforcement and execution of this Plan shall be performed by VRA. Background The Crossroads property is located in the center of Vail Village, at 141 and 143 Meadow • Drive/Lot P, Block SD, Vail Village Filing 1. The property is owned by Crossroads East One, LLC, a Colorado limited liability company ("Crossroads East One"), and is located in Special Development District No. 39 and was approved for redevelopment • ("Crossroads Project") through the adoption of Town of Vail Ordinance No. 5, 2006. The Crossroads Project includes the construction of 69 condominium units, a 338 space parking facility, and retail facilities. The Crossroads Project includes substantial public amenities including a public plaza and skating rink, a three screen movie theatre, a ten lane bowling alley, additional parking spaces beyond those needed for the Project, and substantial public art, along with other features of benefit to the Town. Certain obsolete restrictive covenants cloud the title to the Crossroads property and prevent financing of the redevelopment as proposed. It is necessary to remove these obsolete restrictive covenants in order for the redevelopment to proceed. II. Definitions Cooperation Agreement: Any agreement between VRA and the Town of Vail or any other public body regarding action taken pursuant to any of the powers set forth in the Urban Renewal Law, or in any other provision of Colorado law, for the purpose of facilitating public undertakings deemed necessary or appropriate by VRA under this Plan. Plan: This Crossroads Reinvestment Plan as it may be modified from time to time. Plan Area: The area described in Section 2.6 of this Plan, and depicted on Figure 1, which has been found to be blighted and for which the undertaking of an urban renewa] • project is declared to be necessary. 1 Redevelopment Agreement: An agreement between VRA and a developer or developers i respecting the redevelopment or rehabilitation of property within the Plan Area. LEGISLATIVE FINDINGS Qualifying Conditions Based on the Crossroads Reinvestment Study prepared by Matrix Design Group, dated September 2006, and evidence presented at the public hearing, the Town Council finds that there exists blight, as defined by C.R.S. § 31-25-103(2), in the Plan Area. The Crossroads Reinvestment Study found that the following blight condition exists in the area: Defective or unusual conditions of title rendering the title unmarketable. Restrictive covenants controlling uses on the certain properties and other conditions of title impair the redevelopment of the Plan Area. In many instances, covenant provisions conflict or have been ignored by prior development. ~ Pursuant to C.R.S. § 31-25-1-3(2)(1), the owner of the Crossroads Property, Crossroads East One, has advised the Town Council that it does not object to the designation of blight for the Plan Area based the presence of one blight condition. The Town Council finds that the presence of this factor substantially impairs or arrests the sound growth of the Town of Vail, retards the provision of housing accommodations, constitutes an economic and social liability and is a menace to the public health, safety, • morals and welfare of the Town of Vail. Projects The Plan Area is appropriate for one or more urban renewal projects and other undertakings of the VRA as authorized by the Urban Renewal Law. Planning Approval The Town Council has adopted a general plan for the Town of Vail, known as the Vail Comprehensive Plan. The Planning and Environmental Commission met on December 11, 2006, and has submitted its written recommendations regarding the conformity of this Plan to the Vail Comprehensive Plan to the Town Council. Consultation This Plan has been submitted to the Board of County Commissioners of Eagle County as required by the Urban Renewal Law. The Eagle County School District has been advised of this Plan and has been given an opportunity to provide comments. Public Hearing The Town Council of the Town of Vail has held a public hearing to consider this Plan • after public notice thereof in compliance with the Urban Renewal Law in the Vail Daily, describing the time, date, and purpose of the public hearing, identifying the Plan Area 2 . . • and outlining the general scope of the projects being considered for implementation pursuant to this Plan. Notice of the public hearing was provided to owners, residents, and business owners in the Plan Area at their last know address at least 30 days before the date of the public hearing. Boundaries of the Plan Area The boundaries of the Plan Area shall be as set forth in Figure 1 attached hereto. The Town Council finds that the boundaries of the Plan Area have been drawn as narrowly as feasible to accomplish the planning and development objectives of this Plan. Other Findings The propertv in the Plan Area is subject to restrictive covenant provisions from previous subdivisions of propertv in the Town of Vail. In manv cases, the covenant provisions conflict with one another and in some cases have been iqnored by existinq development. These restrictive covenants create an impediment to the redevelopment of the propertv within the Plan Area, particularly the financinq of improvements which are kev to the redevelopment of the Plan Area. VRA is authorized to use the power of eminent domain with the consultation and concurrence of the owner of the fee interest to be condemned, to eliminate restrictive covenant ' provisions and other conditions of title which prevent redevelopment of • properties within the Plan Area. If it becomes necessary for individuals, families or businesses to relocate as a result of the implementation of this Plan, a feasible method exists for the relocation of individuals, families, and business concerns that may be displaced, insurinq that decent, safe and sanitary dwellinq accommodations and business locations can be made available. The powers conferred bv the Urban Renewal Law are for public uses and purposes for which public money may be expended and the police powers exercised, and this Plan is in the public interest and necessitv, such findinq beina a matter of leqislative determination bv the Town Council. This Plan will afford maximum opportunitv, consistent with the sound needs of the Town as a whole, for the rehabilitation or redeveloqment of the Plan Area by private enterprise. DESCRIPTION OF PLAN OBJECTIVES This Plan is an important tool to address the problems confronting the Vail Village area. The Plan helps to further the goals for the area previously outlined in the Vail Comprehensive Plan. The objectives for the Plan include the following: • Create a sense of place and an improved aesthetic character for Vail Village for • both residents and guests. 3 , • Enhance the aesthetic appearance of the area to make it more appealing. • • Provide a public plaza as a public gathering place and for events important to the vitality of the Town and to the resort experience. • Provide a skating rink that will be an activity center in Vail Village during the winter season. • Provide important recreational opportunities for residents and visitors through the provision of a theatre and bowling alley that would not otherwise be provided. • Eliminate impediments to the redevelopment of key facilities within the Plan I Area. ~ • UPgrade and restore Public infrastructure including transPortation facilities, parking, sidewalks and streetscapes. PLAN IMPLEMENTATION In order to accomplish the objectives of this Plan and to fully implement this Plan, VRA shall be authorized to undertake the following activities: III. Property Acquisition The principal purpose of this Plan is the removal of legal impediments to the creation of ~ public open space and to new private investment occurring on private property. Restrictive covenants and other conditions of title interfere with new private investment. The power of eminent domain as authorized by the Urban Renewal Law may be utilized as VRA determines necessary to eliminate and remove restrictive covenants and other conditions of title which interfere with new private investment, with the consent of the owner of any fee interest to be condemned. IV. Relocation Assistance and Payments In the event it is necessary to relocate or displace any business or other commercial establishments as a result of any property acquisition, VRA may adopt relocation policies for payment of relocation expenses. Such expenses may include moving expenses, actual direct losses of property for business concerns, and goodwill and lost profits that are reasonably related to relocation of the business, resulting from its displacement for which reimbursement or compensation is not otherwise made. Redevelopment Agreements VRA is authorized to enter into one or more Redevelopment Agreements with developer(s) and such other entities as are determined by VRA to be necessary or desirable by VRA to carry out the purposes of this Plan. Such Redevelopment . Agreements may contain such terms and provisions as shall be deemed necessary or appropriate by VRA for the purpose of undertaking the activities contemplated by this 4 • Plan or the Urban Renewal Law, and may further provide for such undertakings by VRA, as may be necessary for the achievement of the objectives of this Plan or as may otherwise be authorized by the Urban Renewal Law. I Interagency Cooperation VRA may enter into one or more Cooperation Agreements with the Town of Vail or other public bodies pursuant to the Urban Renewal Law. Cooperation Agreements may provide, without limitation, for financing, for construction of public improvements, for administration, for technical assistance and for other purposes. MODIFICATIONS TO THIS PLAN j This Plan may be amended or modified pursuant to provision of the Urban Renewal Law as provided in § 31-25-107, C.R.S. Modifications to this Plan will require appropriate notification in accordance with the Urban Renewal Law, including submission to the Board of County Commissioners of Eagle County and written notice provided to all property owners, residents, and owners of businesses in the Plan Area not less than 30 days prior to the consideration of a substantial modification. TERMINATION This Plan shall terminate and the designation of blight made herein shall terminate upon ~ the elimination of those protective covenants and other conditions of title which impair the redevelopment in the Plan Area. • 5 ~ FIGURE 1 MAp OF PLAN ~'A CSsroads ~ ~ Black - ~ N Lot R, ~ ~r*.~'S t+ n ~ e, a e`'»= ~'~.a~Y „ $Il@ SubjeC[ "n^~«,~ ~ ~ ' ~ '~p,, ~4 4 Y r 1 °t z . *xF • ` ~ ? 0 Reference Only ent 2: Crossroads Reinvestment Study Attachm ~ 6 Attachment B . VAIL CROSSROADS REINVESTMENT STUDY Prepared For: Vail Reinvestment Authority Town of Vail, Colorado October2006 . , ~ ~ ~ . 1. ; • . ~ , . , , + •`y~ / ~ . . F ~x ~r ~l` _ ' ; w lpl.V' . ~ fi ~ ~ti ~ _ • ~ ~ q.W ; ~s~b~r d , r~',;~ 4?' . _ J~Wx ~ .r~r++FF4 • ~I r ~ ` j L - ? h 'c .i; • ~ ti.. z~ , . . 4 ~ I ~ J.. .r ..A l~_ firy....'. . l._ . ..J~..._..._-.. . . . . ~ i ~ 0~~4,,,, ~ Nt-tdK r~Gnxp. ~ ~ hticgratrd n ti.qut ~ a Vail Crossroads Reinvestment Study October 2006 • Table of Contents . Section 1: Study Overview 1 Section 2: Colorado Urban Renewal Statutes and Blighted Areas 2 Section 3: Conditions Indicative of the Presence of Blight 5 Section 4: Study Area Location, Definition, and Description 9 Section 5: Study Findings ........................................................................12 Section 6: Study Summary and Recommendation 20 Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ~ ~ i ' Vail Crossroads Reinvestment Study October 2006 ~ Section 1: Study Overview The Vail Crossroads Reinvestment Study ("Study") is an examination and analysis of various conditions found within a defined area in Vail, Colorado to determine if the area qualifies as "blighted" within the meaning of Colorado Urban Renewal law. The Study is a necessary step if urban renewal, as defined and authorized by Colorado statutes, is to be used as a tool by the Town of Vail ("Town") to facilitate public and/or private investments within the area. The findings and conclusions presented in this report are intended to assist the Town in making a final determination as to whether the property qualifies as blighted and, consequently, the feasibility and appropriateness of using urban renewal as a reinvestment tool. To conduct the Study and prepare the Vail Crossroads Reinvestment Study report, the Town of Vail retained the services of Matrix Design Group, a Denver-based consulting firm that provides planning, environmental, engineering, and design services to municipalities throughout Colorado. The general methodology for the Study was as follows: First, the specific geographic territory ("Study Area") to be evatuated was determined by the Town. Next, general information about the Study Area was gathered, such as right-of-way and parcet boundaries, aerial photos, etc. The Study Area was then evaluated for evidence of blight through two means: a , thorough field reconnaissance of the Study Area to document observed physical conditions of blight; and a data collection effort to gather information about those blight factors that are not visually observable. The Study results were then categorized and analyzed as to their applicability to the blight factors outlined in the Colorado Urban Renewal statutes. Finally, ' the findings and conclusions regarding blight found within the Study Area were prepared and presented as a report. ~ i . ~ 1 Vail Crossroads Reinvestment Study October 2006 ~ Section 2: Colorado Urban Renewal Statutes and Blighted Areas ~ In the Colorado Urban Renewal Law, Colo. Rev. Stat. g 31-25-101 et seq. (the "Urban Renewat Law"), the legislature has declared that an area of blight "constitutes a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state in general and municipalities thereof; that the existence of such areas contributes substantially to the spread of disease and crime, constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of public policy and statewide concern.... " Under the Urban Renewal Law, the term "blighted area" describes an area with an array of urban problems, including health and social deficiencies, and physical deterioration. See Colo. Rev. Stat. § 31-25-103(2). Before remedial action can be taken by a public agency, however, the Urban Renewal Law requires a finding by the appropriate governing body that an area such as the Study Area constitutes a blighted area. !d. 5 107(1). The blight finding is a legislative determination by the municipality's governing body that as a ~ result of the presence of factors enumerated in the definition of "btighted area," the area is a detriment to the health and vitality of the community requiring the use of the municipatity's urban renewal powers to correct those conditions or prevent their spread. In some cases, the factors enumerated in the definition are symptoms of decay, and in some instances, these factors are the cause of the problems. The definition requires the governing body to examine the factors and determine whether these factors indicate a deterioration that threatens the community as a whole. For purposes of the Study, the definition of a blighted area is premised upon the definition articulated in the Urban Renewal Law, as follows: "`8lighted area' means an area that, in its present condition and use and, by reason of the presence of at least our of the fol(owing factors, substantially impairs or arrests the sound growth of the municipa(ity, retards the provision of housrng accommodations, or constitutes an economic or social liabi(ity, and is a menace to the public hea(th, safety, morals, or wel fare: . 2 ~a t ' Vail Crossroads Reinvestment Study October 2006 ~ a. S(um, deteriorated, or deteriorating structures; b. Predominance of defective or inadequate street (ayout; c. Fau(ty lot layout in re(ation to size, adequacy, accessibility, or usefulness; d. Unsanitary or unsafe conditions; e. Deterioration of site or other improvements; f. Unusua( topogrophy or inadequate public improvements or uti(ities; g. Defective or unusua( conditions of title rendering the title non-marketab(e; h. The existence of conditions that endanger life or property by fire or other causes; i. Bui(dings that are unsafe or unhea(thy for persons to (ive ar work in because of bui(ding code vio(ations, di(apidation, deterioration, defective design, physica( construction, or fautty or inadequate facitities; j. Environmentat contamination of buildings or property; or k. The existence of hea(th, safety, or welfare factors requiring high (evels of municipa( services or substantia( physical underutilization or vacancy of sites, buildings, or other improvements" In addition, paragraph states, "if there is no objection by the property owner or owners ~ and the tenanr or tenants of such owner or owners, if any, to the inc(usion of such property I~ in an urban renewa( area, `bliShted area' a(so means an area that, in its Present condition and use and, by reason of the presence of any one of the factors specified in paragrophs (a) ~ to (k) of this subsection.... " ' The statute also states a separate requirement for the number of blight factors that must be present if private property is to be acquired by eminent domain. At 5 31-25-105.5(5), paragraph (a. ) states, "`Blighted areo' sha(l have the some meoning as set forth in section 31-25-103 (2); except that, for purposes of this section on(y, `b(ighted area' means an area , that, in its present condition and use and, by reason of the presence of at (east ive of the factors specified in section 31-25-103 (2)(a) to (2)(1)...." Thus, the state statutes require, depending on the circumstances, that a minimum of either one, four, or five blight factors be present for an area to be considered a"blighted area." At the time of the Study, knowledge of future objections by property owners or tenants to being included in an urban renewal area, and knowledge of future use of eminent domain to acquire ' private property will most likely not be available. Consequently, the conservative approach , of requiring the presence of at least five of the eleven blight factors in the Study Area will be I used as the basis for the recommendations in this report. I ~ 3 t !~-L•mi~l7~..~i~~CDtxqi~. i Vail Crossroads Reinvestment Study October 2006 ~ Several principles have been deve(oped by Colorado courts to guide the determination of whether an area constitutes a blighted area under the Urban Renewal Law. First, the absence of widespread violation of building and health codes does not, by itself, preclude a finding of blight. "The definition of `blighted area' contained in [the Urban Renewal Law] is broad and encompasses not only those areas containing properties so dilapidated as to justify condemnation as nuisances, but also envisions the prevention of deterioration." Second, the presence of one well-maintained building does not defeat a determination that I an area constitutes a btighted area. Normally, a determination of blight is based upon an i area "taken as a whole," and not on a building-by-building, parcel-by-parcel, or block-by- block basis. However, since this study does not focus on a large study area comprised of many ~ properties and is instead quite small, each individual building bears great weight on the study ' area as a whole. Third, a town's "determination as to whether an area is blighted... is a legislative question and the scope of review by the judiciary is restricted." A court's role in reviewing such a blight determination is simpty to verify independently if the conclusion is based upon factual evidence and consistent with the statutory definition. , Based upon the conditions identified in the Study Area, this report makes a recommendation ~ as to whether the Study Area qualifies as a blighted area. The actual determination itself ~ remains the responsibility of Vail's Town Council. ~ ~ ~I I I ~ 4 ~ • Vail Crossroads Reinvestment Study October 2006 ~ Section 3: Conditions Indicative of the Presence of Btight As discussed in Section 2, the Colorado Urban Renewal statutes provide a list of 11 factors that, through their presence, may allow an area to be dectared as blighted. This section elaborates on those 11 factors by describing some of the conditions that might be found within the Study Area that would indicate the presence of those factors. Slum, Deteriorated, or Deteriorating Structures: During the field reconnaissance of the Study Area, the general condition and level of deterioration of a building is evaluated. This examination is limited to a visual inspection of the building's exterior condition and is not a detailed engineering or architectural analysis, nor does it include the building's interior. The intent is to document obvious indications of disrepair and deterioration to the exterior of a structure found within the Study Area. Some of the exterior elements observed for signs of deterioration include: ¦ Primary Elements (exterior walls, visible foundation, roof) ¦ Secondary Eiements (fascia/soffits, gutters/downspouts, windows/doors, fa~ade finishes, loading docks, etc.) ~ ¦ Ancillary Structures (detached garages, storage buildings, etc.) Predominance of Defective or Inadequate Street Layout: The presence of this factor is determined through a combination of both field observation as well as an analysis of the existing transportation network and vehicutar and pedestrian circulation patterns in the Study Area by persons with expertise in transportation planning and/or traffic engineering. These condiCions include: ¦ Streets/Alleys with Poor or Unimproved Surface Conditions ¦ Inadequate Street/Alley Width ¦ Poor Provisions or Unsafe Conditions for the Flow of Vehicular/Pedestrian Traffic ¦ Insufficient Roadway Capacity Leading to Unusual Congestion of Traffic ¦ Inadequate Emergency Vehicle Access ¦ Poor Vehicular/Pedestrian Access to Buildings or Sites I v Poor Internal Vehicular/Pedestrian Circutation These conditions can affect the adequacy or performance of the transportation system within the Study Area, creating a street layout that is defective or inadequate. ~ Vail Crossroads Reinvestment Study October 2006 . ~ Fautty Lot Layout in Retation to Size, Adequacy, Accessibility, or Usefulness: This factor requires an analysis of the parcels within the Study Area as to their potential and usefulness as developable sites. Conditions indicative of the presence of this factor include: ¦ Lots that are Long, Narrow, or Irregularly Shaped ¦ Lots that are inadequate in Size ¦ Lots with Layouts or Configurations that are Obsolete or Impractical ¦ Lots with Layouts or Configurations that Result in Stagnant, Misused, or Unused Land This analysis considers the shape, orientation, and size of undeveloped parcels within the Study Area and if these attributes would negatively impact the potential for development of the parcel. This evaluation is performed both through observation in the field and through an analysis of parcel boundary maps of the Study Area. Unsanitary or Unsafe Conditions: Conditions observed within the Study Area that qualify under this blight factor include: ¦ Floodplains or Flood Prone Areas ¦ Inadequate Storm Drainage Systems/Evidence of Standing Water ~ ¦ Poor Fire Protection Facilities ~ ¦ Above Average Incidences of Public Safety Responses ¦ Inadequate Sanitation or Water Systems ¦ Existence of Contaminants or Hazardous Conditions or Materials ¦ High or Unusual Crime Statistics • ¦ 0Pen Trash DumPsters ¦ Severely Cracked or Uneven Surfaces for Pedestrians ¦ Illegal Dumping ¦ Vagrants/Vandatism/Graffiti/Gang Activity ¦ Open Ditches, Holes, or Trenches These represent situations in which the safety of individuats, especially pedestrians and children, may be compromised due to environmental and physical issues considered to be unsanitary or unsafe. ~ 6 i • Vail Crossroads Reinvestment Study October 2006 ~ Deterioration of Site or Other Improvements: The conditions that apply to this blight factor reflect the deterioration of various I improvements made at a site other than building structures. These conditions may represent a tack of general maintenance at a site, the physical degradation of specific improvements, or an improvement that was poorly planned or constructed. Overalt, the presence of these conditions can reduce a site's usefulness and desirability and negatively affect nearby properties. ¦ Incompatible Mix of Activities Leading to Improper or Unproductive Uses of Land ¦ Lack of Code Enforcement Resources ¦ Neglected, Vacant, or Abandoned Properties ¦ Evidence of General Site Maintenance Problems (e.g. Deterioration of signage or tighting, poorly maintained landscaping or overgrown vegetation) ¦ Deterioration of On-Site Parking Surfaces, Curb &t Gutter, or Sidewalks ¦ Poor Parking Lot Layout ' Unusual Topography or Inadequate Public Improvements or Utilities: The focus of this factor is on the presence of unusual topographical conditions that could make development prohibitive, such as steep slopes or poor load-bearing soils, as well as ~ deficiencies in the public infrastructure system within the Study Area that could include: ¦ Deterioration of or Lack of Public Infrastructure (e.g. Street/alley ' pavement/curb/gutter, sidewalks, street lighting, storm drainage systems) ¦ Presence of Overhead Utitities ¦ Inadequate Fire Protection Facilities/Hydrants ¦ Inadequate Sanitation or Water Systems Defective or Unusual Conditions of Title Rendering the Title Non-Marketable: Certain properties can be difficult to market or redevelop if they have overly restrictive or prohibitive clauses in their deeds or titles, or if they involve an unusually complex or highly divided ownership arrangement. Examples include: ¦ Properties with Disputed or Defective Title ¦ Multiplicity of Ownership Making Assemblages of Land Difficult or Impossible ~ . 7 Vai1 Crossroads Reinvestment Study October 2006 ~ The Existence of Conditions that Endanger Life or Property by Fire and Other Causes: A finding of btight within this factor can result from the presence of the following conditions, which include both the deterioration of physical improvements that can lead to dangerous I situations as well as the inability for emergency personnel or equipment to provide services to ~ a site: ' ¦ Buildings or Sites Inaccessible to Fire and Emergency Vehicles ¦ Btocked or Poorly Maintained Fire and Emergency Access Routes or Frontages I ¦ Insufficient Fire and Emergency Vehicle Turning Radii ¦ Buildings or Properties not in Compliance with Fire Codes, Building Codes, or Environmental Regulations , Buildings that are Unsafe or Unhealthy for Persons to Live or Work In: Some of the conditions that can contribute to this blight factor include: ¦ Buiidings or Properties not in Compliance with Fire Codes, Building Codes, or II Environmental Regutations ¦ Buildings with Deteriorated Elements that Create to Unsafe or Unhealthy Conditions ¦ Buildings with Inadequate or Improperly Installed Electrical, Natural Gas, or Other ~ Utitity Components ~ Environmentat Contamination of Buildings or Property: This factor represents the presence of contamination in the soils, structures, water sources, or other locations within the Study Area. . ¦ Presence of Hazardous Substances, Liquids, or Gasses Found at a Site Existence of Factors Requiring High Levets of Municipal Services or Substantial Physical Underutilization or Vacancy of Sites, Buildings, or Other Improvements: ' The physical conditions that would contribute to this blight factor include: ~ ¦ Sites with a High Incidence of Fire, Police, or Emergency Responses , ¦ Sites Adjacent to Streets/Alleys with a High Incidence of Traffic Accidents ¦ Sites with a High Incidence of Code Enforcement Responses ¦ An Undeveloped Parcel in a Generally Urbanized Area ¦ A Parcel with a Disproportionally Small Percentage of its Total Land Area Developed ~ ¦ Vacant Structures ' ¦ Vacant Units in Multi-Unit Structures ~ ~ Ni.1L1\I~.11~ylCdill~li:8 • Vail Crossroads Reinvestment Study October 2006 ~ Section 4: Study Area Location, Definition, and Description The Vail Crossroads Reinvestment Study Area consists of two parcels located in the Town of Vail in Eagle County, Colorado. The Study Area is bounded on the north by the I-70 frontage road, on the east by Vittage Center Road; on the south by East Meadow Drive, and on the west by private property. In all, just over two acres are enclosed within these boundaries. The Study Area is dominated by two adjacent buildings with retail and residential uses. These buildings stand to the north of Vail Village, off the I-70 frontage road. Not far to the west of the Study Area is the Vait Road roundabout, which is the primary entrance and exit point to Interstate 70, and to the east ties the Colorado Ski Museum and a large public parking structure. The central surface parking lot for the two buildings opens up to East Meadow Drive, and is the primary retail entrance point for the both buitdings, although the east building also has a retail entrance directly on Vittage Center Road. To supplement this written description of the Study Area, the following aerial maps of the Study Area are provided: Exhibit 1: Vail Context Map shows the Study Area on a macro scale relative to I-70 and Vail Village. Exhibit 2: Study Area Detail Map provides a close-in view of ~ the Study Area itself and the immediate surrounding roads. 9 I a C S ~~ai ~ ~~ • • t} ~ R CIS ~. ~ ... ~~ M1S yy„ aYY~ ~ ;~ •1j~' o "~ + 1 X ,~•' ~~ W ~ M Y' - ~ ~ j . ~ ~ . g Ul L 6 ~ . 0 ED ~ O • ~ . ~ LL1 cc . ~ v~ ~ , . ~ .~n . ' ~ y.~ . rt f ~ 92` rAl~~~~ .f ` , H ~ ~ ' ~ ; • y~ ~ w ~ ~ ' ~ v r~ ~ ~ f• ~ •,4 ^ ' . S ; F 6~' , 1~ ~ ~ a ~s +N ~ , • r~ -,~J- t, 'T ~ f i ~F': , . .5t y~-~~ r > V 16 , hw d ~ ` ' - ~ Ir'r •~K Aw N ~ t ~ ~ I Vail Crossroads Reinvestment Study October 2006 ~ • ~ Section 5: Study Findings The overall findings of the Vail Crossroads Reinvestment Study are presented in this section. These findings are based on the analysis of data collected and field surveys conducted in September 2006. Slum, Deteriorated or Deteriorating Structures: Although the two buildings present in the Study Area were found to be in generally fair condition, the east building in particular exhibited a few trouble spots, as detailed below. ¦ On the eastern side of the east building, the lower portion of the wooden fa~ade has sustained water damage and splitting ¦ Exterior walls in setect areas are crumbling or in a state of disrepa'rr. Y. .s 'v ~ _ ~ ~ ~ r~ 1 ~ i~- I i-W'W V"- The eastern side of the east building (View 1 of 2) The eostern side of the east 6uilding (View 2 of 2) - t ,n^! 4 a< q ~e~ 'e ~ 4 Rat _ A deteriorated column base a[ the garage entrance A crumbling wall on the western side of the east building ~ 12 i , • Vail Crossroads Reinvestmen[ Study October 2006 ~ Predominance of Defective or Inadequate Street Layout: No evidence of Defective or Inadequate Street Layout was observed in the Study Area. Faulty Lot Layout in Relation to Size, Adequacy, Accessibi(ity, or Usefulness: ~ No evidence of Faulty Lot Layout was observed in the Study Area. Unsanitary or Unsafe Conditions: Evidence of Unsanitary or Unsafe Conditions in the Study Area was primarily found in the form of pedestrian hazards. These consisted of crumbling walkways in critical areas such as stairwells, and improvised, unimproved pedestrian walkways suggesting a lack of proper II pedestrian access around the site. Specific examples of this include: ¦ An cracked and highly uneven pedestrian walkway near stairs ¦ An improvised walkway (trail) north of the east building ¦ An improvised walkway (trail) above the garbage dumpster liiiiv ~ . 1 Rt ~ J r ~ ?r r. / Y r • . : 3 ^ ~ _ S ~ /s . Cracked and uneven pedestrian walkway on southwest Uneven pedestrian trai( (eading to dumpster north of the portion of west building , east building (View 1 of 3) ~ 13 i Vail Crossroads Reinvestment Study October 2006 ~ _I M ~ d?c . r - ,~.i r . 77 r ..',.AR^Mt- ~ , i r ~Ma.'-"'4 ,p~~ • t ~ • " ` ~v- -•,.,n-+^:.. .:!P .k~ , , . Uneven pedestrian trail leading to dumpster (View 2 of 3) Uneven pedestrian traif leading to dumpster (View 3 of 3) Although evidence of Unsafe and Unsanitary Conditions was timited to select walkways and portions of the site, most notably north of the east building, it still presents a probtem since the site contains a number of retail establishments and is open to pedestrians and the public. The walkway leading north around the east building is uneven and unimproved, save for a few ~ wooden boards. The wooden boards suggest that the walkway is generally recognized as a legitimate pedestrian right-of-way, despite its highly improvised nature. Other than the cracked stairway entrance on the southwest corner of the west building, numerous other minor cracked and uneven watkways were observed which are noted in further detail in the next section of this report. Deterioration of Site or Other Improvements: A variety of conditions were identified that meet the Deterioration of Site or Other Improvements factor. These situations were dominated by cracked pavement and walkways, but also included crumbling retention barriers around parking lots and unsightly improvised storage areas. A few examples: ¦ Splitting, damaged wooden barriers around the east parking lot on the eastern fringes of the Study Area ¦ Cracked pedestrian walkways with uneven surfaces aggravated by numerous different types of surface materials ¦ Poor driveway conditions at the southwest delivery entrance ¦ Unsightly exposed storage of obsolete appliances and furniture on the north side of the west building ~ ¦ An unimproved dirt entrance to the northeast parking area 14 G E I ' Vail Crossroads Reinvestment Study October 2006 ~ ~ ( RAI~~y~,~~p r~ . Z D~J ,rr~ :?IICv , F , ~~.;»a , r : ~ ti • ~,~c~,, . .,"?."+w Deteriorated parking barriers found in east !ot Uneven pedestrian surface off of central parkinq lot r . .v ~ ~ .."wt` s '~"~iL k~g°~~ t; ~ r• 9 . r~ ~ ~ - t p ~ 7 -11S . ..~~,~'i~ ~ +.~5'`~..~"'.Ss~ ~i~ ,~.~.~l~'~.'~~'1?fi~ h.. r~ 'o` ~ t ~ . .w: «.+~~5'"'.i+:, ~ : ~#~~j .3 a ~•'',!q. n.., q . t ~ u w•' ~ Deteriorated driveway on southwest portion of Study Area Deteriorated driveway on southwest portion of Study Area (View 1 of 1) (View 1 of 2) e~ ,a , . . . , . . v . , , , y. ~ &`e . i t I ~-`K' ~at ~ • ; :~y ~ . ' • i• c~f ~ Improvised, exposed storage off of west building Unimproved entrance to northeast parking fot 15 r; Vail Crossroads Reinvestment Study October 2006 ~ Unlike other potential problem areas detailed eartier in this report, evidence of site maintenance deficiencies wasn't concentrated in a particular part of the site. Instead, such problems were fairly evenly distributed around the Study Area. The dirt entrance to the north parking lot was blocked off by a chain during the field survey, suggesting that it is not a heavily used point of access to the site. Nevertheless, this dirt driveway does create problems such as standing water through poor drainage on the perimeter of the parking lot, as well as plenty of tracked dirt into the paved parking area. Unusual Topography or Inadequate Public Improvements or Utilities: No examples of unusual topography were noted in the Study Area; however, there were ~ instances of poor or inadequate storm drainage observed, as well as a lack of curb and gutter around a significant portion of the site. Furthermore, sidewalks do not exist along the surrounding roads on the northern and eastern perimeters of the Survey Area. Following is photographic documentation of the lack of sidewalks, curb, and gutter and poor storm drainage: ~ k ~f .C~~ , ~ ~ '~.,T+~~ ~4~'~' •y4i~'c-"S K '?Y~i , ~`r ~f/a1~,ry.•.yf' S^r; f f-.. f~r '"n`~yy7 ~ •y~i ~ Iwa` .J ~,FtT~~~ i . II . t S{ £i'I ,~i' l y~ • ~ ~ , V~ . ~ + _ ~ ti• - - , ~ ~ ~ ~ ' . i r _ . • . - + q II . • L The northeast perimeter of the Survey Area facks curb and Northeast perimeter (Vrew 2 of 2) gutter as well as sidewalks for pedestrians (View 1 of 2) ~ 16 Vail Crossroads Reinvestment Study October 2006 ~ I ' . . - ~ • . , } Y K k A' i . 1 ~ic . , _ • - ,tt I • . ' k . , , • , Most of the east perimeter /acks sidewalks Looking north along the eastern perimeter. No sidewalks or roadside drainage from this point northward. 'l+~i'?" b i f. ¦ : ` . - " - - L} • ~ r ~ ~ 1 . ~ tf~; . ~~.no i Cracked, lumpy pavement surrounding a storm drain' A gutter downspout emptying onto a clogged or nonexistent drainage system ~ 17 i Vail Crossroads Reinvestment Study October 2006 ~ , ~e.i •;;,,,,r. . i . I I . . . . . ` a~ J •5~, ~~Q y , A ? ~ 4~ F J.. 4' . . ~ 1~ ~ , jpk~ a• q . t 4 , I ;1~. : • R'~' • ? ~ . ( ~ \ \ r'~!?'' 5TUDY AREA .r ' •~r:~~~~~ AERIAL MAP •'''`;~~~~;?~~r„,: IackofSidFNralkx • ~ . •~.,'.a 't Along Public Road ~ 7 'H, L. ~'.!.K: k• r ~ l The above aerial shows the portion of the Study Area that lacks sidewalks and has a poor storm drainage system. Defective or Unusual Conditions of Title Rendering the Title Non-marketable: Evidence has been obtained that demonstrates that Defective or Unusual Conditions of Title do exist within the Study Area. The Crossroads parcels have titles which contain several restrictive covenants that dictate the nature and intensity of the uses allowed on the property. Consequently, these covenants adversely affect the ability of the current owners of the Crossroads parcels to market and/or redevelop the site in a manner consistent with the goals and policies of the Town of Vail and its efforts to revitalize the Vail Village area. See the Appendix for documentation of these issues affecting the marketability of the title to the Crossroads parcels. The Existence of Conditions that Endanger Life or Property by Fire and Other Causes: The conditions that apply to this blight factor primarily involve buildings or sites that are not in compliance with fire codes, building codes, or environmental regulations. According to documents provided by the Town of Vail and Vail Fire and Emergency Services, the Crossroads h 18 II E . . . • s • Vail Crossroads Reinvestment Study October 2006 project is and has been in noncompliance with several of the Town's fire safety regulations. These include the lack of internal fire sprinklers and poor fire truck access. See the documents included in the Appendix section for evidence of these conditions. Buildings that are Unsafe or Unhealthy for Persons to Live or Work In: Much like the situation explained above for the "Conditions that Endanger Life or Property by Fire and Other Causes" blight factor, the lack of fire sprinklers and poor fire truck access contribute to a finding under this blight factor. Environmental Contamination of Buildings or Property: No evidence of environmental contamination was observed within the Study Area. Existence of Factors Requiring High Levels of Municipal Services or Substantial Physical Underutilization or Vacancy of Sites, Buildings, or Other Improvements: No evidence of this blight factor was observed in the Study Area. ~~ ~ h~Lmie[lv~iCncxq~b. 19 Vail Crossroads Reinvestment Study October 2006 I ~ Section 6: Study Summary and Recommendation ~ I Within the entire Study Area, seven of the 11 blight factors were found. These seven are: • Slum, deteriorated, or deteriorating structures • Unsanitary or unsafe conditions i • Deterioration of site or other improvements • Unusual topography or inadequate public improvements or utilities • Defective or unusual conditions of title rendering the title non-marketable; • The existence of conditions that endanger life or property by fire or other causes • Buildings that are unsafe or unhealthy for persons to live or work in Therefore, it is the recommendation of this reinvestment study report to the Vail Reinvestment Authority and to the Town of Vail, that the Study Area in its present condition may be declared a "blighted area" as defined in Colo. Rev. Stat. § 31-25-103(2) by reason of the documented evidence of the existing conditions found in the Study Area, the applicability of those conditions to the 11 blight factors defined in Colorado law, and the existence of five or more of those factors within the Study Area. ~ ~ 20 I i • Vail Crossroads Reinvestment Study October 2006 ~ . Appendix The following materials were provided by the Town of Vail and are included in this Appendix as documentation of several of the blight factors discussed in this report. ~ ~ ~ NL•mi~ lJ~.~i~i C;~r~qi b. 21 ~ Vail Crossroads Reinvestment Study October 2006 . Documents demonstrating "Defective or Unusual Conditions of Title" ~ ~ 2z F ~ ¢ h'11ll7X l~:.l'IL31 Ci1Cillp b. Q~ ~ a ASlRNOlF1CS AVaNOFFWZ 601 Haat Hyman Aveaue GARFIELD & HECHT, F.C. • Avoa Towa Sqwre, Uo;t 104 Aspm, Coloisdo 81611 0070 Benchmark Road Tekq6one (970) 923-1936 AT T O R N E Y S AT L A W rw orr,ot sa: saso Facsimile (970) 925-3005 Avon, Colondo 81620 Siax 1975 GI.XNWOOD SPItINGB OFFICR Telep6one (970) 949-0707 The Denver Ceatro www.g~ti6nldheChLcom Facsimile (970) 949-1810 420 3evtntA SReet, Soita 100 BASAL7 OFFICE Gleaaood Sprinp, Colorado 81601 1 LO Midland Aveoua, Suite 201 Telephons (970) 947-1936 Bw14 Colondo i 1611 Fauimile (970) 947-1937 Telap6ooe (970) 927-1936 July 17, 2006 Faaimile (970) 927-1963 Via Email and United States Mail ~ J. Matthew Mire, Esq. I Town Attomey . ' Town of Vail 75 S. Frontage Road, Vail, CO 81657 Re: Cmsaroade/Solu3s Covenants Dear Matt: As we discussed last week, the Protective Cavenante of Vail Village, Pirst Filing, Eagle County, Colorado (the "Pirat Filin¢ Covenants") may prohibit certain uses approved in wnnection with the ~ Crossroads/Solaris DIA. SpeciBcally, the First FIling Covenanb state that Crossroads may anly be used for "apactments, retail ehope, servlce shope, reshauranta and tea-roams, hotela, lodges, pmfessional ofSces, medical clinles (and] aatonwbile eervicx station eitea." Acoordingly, they wouId likely prohibit rnany of the "public ameaities" set forth in the DIA (including without limitadon„ the bowling alley, , movie thrater, ice-skating rink and public parking facilities). The First Filing Coverants were adopted drea 1962, and ?ike most planning documents of that vintage, tt?ey have bevome rather antiquated. When Vail Associates, Inc. faced similar ptoblems in rnnnection with the tlrrabelle at Vai1 Squaze and Founders Pazking Garage, the Town of Va9l assisbed them in oondemning the subject p:operty and the eliminating the restrictive oovenanb. We respectfully request dening Crossroads. that you provide ua with simi 'lar assistance in addressing the restrictive covenants bur We would like to begin thfs process as soon as poss2'ble, so please contact me at your earliest convenience to discuss this matber further. Very truly yours, Reed F. Weily, Esq. Avon OfSce rweilyagarfleldhechtcom ~ 19 Pr;oua on recrcka P"r I • r. i y~•:'k?~ ;~i •:tJ,<~oi.Ei.~ f'•'~ •~.•~:r~~• . • ' ,f...y . . 1 ~y,~.•,:~' . z~`,•;4 f ~ ~ ~ # ~ y , • .,,.`r 1`ik~ . }JDY:•.+c i".•'I~.~..r'j.~~...i~'i ''i . , ~ ' : . , r~ ' iv ..~~'Jti~1•.~.'.~ Z. i:;~ f1~ . . . At, ~ ;'`'•:~~~:?.iX: ' „ j.,~+,~.µ}~~~5 v:r _ - ' j : 9t,':.... 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( .~at$::shc5i~a:.,bti~:•the' ~MaP af,.vaii''V.i,l•i~aqe~~:8ti;i~t :Fil~.i~g;;::#o'r•.~~ : `~x:~:'. : , > . . : ~ t °5;,... ''~~;•`~`~t~,~beneft~%`o~f:.pwia~rs:;'amd~;.th~ti:r;•respective':qianteosucceasovis' iri''.riideiLto:.ee~tabll.eh: 'and matin~iii'~the'.~T~dtirac~er; . F: ..5.`, ue.•of'reali'st,a~t~=lri~'Va~,1~Vi1'lage. . ~ , • • ' • . rc"•C:•r,+'i~~~••y~. . . . ~r:. . , . . . i . . . . . • ~ .i tiy~ . : . . . . . : : • .~i • . , ~ ~ •~;~;4<~;:';.~"':'~'~~;~;~••~:~ it~. cong~;deratton'bf'the•preraises, :Vail, . . ' . ' . ; foug]iJ, •Rot~er.t. Fawl~r.' ~ . ' `•{~:fs,~~ =`~•~`~.;:~1'i~7.?ttJe~`•~.~hr ~Ztd::,act~.ng Yfere'~nci' tb c'. ~}~'s•:~u-'; Xt'.tdi~iiy-~3ii-']~~i~~'-: ~ 6s+•':a.•pciiier•~:bli•11ttarney,.'dated:Augusk;.3. :i ~;;,t•;r::~yt~,• , at. Paq4. ~•,/.7S Of.. t~~•. tdC02'C18'•'df. .'~1e, • . . A t ,~.~;196~,.•.rQ~ox^ded~: i;noo '/7 : , . . ~ lk~ aiz~~:.,~l~~cordar ~ot:• ~ ~glt`Gouii~y;, Coler-~c#a; -ar~ei, Va•ii ,Associatea,." . : , :4f ~:I~~d~.•,:~~fos:.ttieaiaelves~ arid-~t2iq'ii 'reapective. grantees;.`succdsaors.~ 'r.:~ ;asai'gnet- dO'~ he~teby' :~o~,• ~e8t~l~:sh,' publial~;: ~~ckiaavl;edqe•..~ ~ ~ , • X;srs-'ass$'. ree.:with,. ~~hti~'•l~or. ~the• •xiene£it~'bf'1~ peisari~ ' ~ • j ~y: base=ari*?txoQi.,~iir~ ~~o .tiiue~ ae;n4a reafter~purGbase or c~ . . . . ~ri} ~~qvn;.or'liold : s~np:..of .the,: Tracte.,` • B1oc5ca ~ .and ;IRots i. ii Vai1 ~ Villagey. ~ Fii~et= F'i1iny, -'.thati•'they' owsi .:nrid• Y?old `all. -of ;the' :].a~ . iit,~lniil r~,-liAg.:~snbject to •the ~follc~iing rebrict~oaAS;•. . ; . . ..s: , ~ ::-aitid* c onQitiv~'~ .a1;1., of ~wl~iich eha1.1'.b6~;deemed ~to'~'uri ' ~ # . 'caven '•:;.~i~~~;Y><.~'.=~ii~'r~tho~'l~iud~~ui~'ta*inuEe -to tha lienet~it~clf and;?~e binding, ,i~'t ipi~;:tf~e~;Otmsro,• ~t~iesr. respeati.ve 'yi~eintees~;'euccbsisore and. ,`''>:`-'':.'•:'4;`~jd~lnit;: • ~~i~ ~ ~~.+~~'J w Y ~ ~ ~ . \ • 1 • . • . . . . . . . . • , , 7 ,'~.i'-,`~.:;,"•_ = ~ . ' ' . ~ , ' . . ~ . . ~ . • ~ ~ 1~: ' . pLAlT~TIPiG ~AN6: ARC~iZ.TE C~7.'ROL- C~[TRAL ~ GOsSITTlig '~'r;f<",~"'•,,f..~:``.;};~`~, , ! . , ~ ; • ' : . . . , _ . t Sr~~~.~~ t:~...~;:..,~;~~..Y ~ ~ ' . ' ' : ' . T - ~ " ; : ' . 3:.:~ ; . -caaai.ttee . -'T'hB''plANSinq' anc~ • l;rchitectnra l • , . _ ` r ; ~Cants.ol.':,CacaiaYttee: .lierei.nafte=:. i6#BrrAd to ae,: The Ccauaittee, ~ . ~ ~ , ~''•~'~".'~`;~n;~~~;~s~ia.Tl~~~~;'oric~~at of: j~y,~e•~fae~b+era..who~shail•~be`2leaiqnatod by Owriers., • ~ ' . • . `':S" '4C~ :a~i ~~K='.1 ..~,Ui..'¢~'.~~Q9~9r Q~~ia.CJJ16~, '•t0 reView, 8t11(~x,, aJ1a Aj~'j310V0 O=' . ~ • ~i?~: r . . • ' ~';.f~:z~ 1.sapr.ovemanCe1~'.: within' 'the =~area described'-in the : • . , . : of 111aqtR'r.,F~:~'e•~i.•liijcx• of which ti~ese.. restrictiye . • ; : aaveiiants. 6~'~ia.de•: a .part: ~ ~ . . • . . . . ' . ' ' . ~ ~ ~,t . •,It', . " . . ~ . . ` . . • : , . • . . . ~ f~ ~ 7 . Ruxes': ! .The: Ca~u aittee' shall.~ make'. such •rules' ar=d . . ;'by,-~1&Ws anid a8apt. s.uqh ~procedttres ae. .it'eoay 'deedn_ appropri~ap...•. ~ : . : ~to 'qovern/;t~ proceeciinga::.' . . . . . . : ~ . . ,~4~' '~;~~;i: •.,r'-. . 7 • , : . . ~ . . . :3:" •~~App=oVal.~of 0lan.{' No building. out buildinq;' ' • . ; ~ ;~~,~:~r< ~ Y''~;fenCe~,~~~wall cr'other'.i~a~3rcvemqh~ 'shall 25e •conat=ucted, ereqt~9 ~ ' . ` "•~.•R..` . • ' ~~'•A • oz::mnlntaiiied''brt •.any, Tract,, S?.ock or Ldt•; nor .sha~i2 ainy • acfidition ~ ~ • ~~f'•L~:~': f;;•~:.thermtq; 'o,F altaration. th~rein 2ie mado until. _plans" and specif i-- thw•color;~'f2ocatiari.•'materi'ais,.. landecaping,' . . ; , ~ . . , • ~•j. .as4: anch~• otYier:• ir}#o}-ma'Wi:dn relatinq~, to ,such-' irapr~mneEnt as: The ~Coaanitacqasonably; spguire eh~l•l have 'been'.submitted to and+appxbi~ad by Z'~?e~-`Cai~ttee in !wr itincj, ~~v'r .,'i:.•.~L~~ 4. y1. . . . ~ • ' , . . ~ • • • • ~ ' . . . ~ ~•.~;i'.;4.'.Wy~•.i:`.y.:•. • • ' • . ' • . 'd . , 4. 4. :Criteria. In~.•,paseing upon: such plar~s acn.~apeci lt z,;~•.;~ :gXc1itions , the ~ Comittee alia].Y cons'ider c :~~~,,.*.:.r.if`.{: .i _ • . . ' • • ' • ' • . • :r . . . . . ~ . ~ • . , . . . ~ . . , • . M . . . ~ . . . • ' . . ~ . ~ _~:i ~ ¦ ots~ l~•;: . : , . „ , „ ; ~ `~q ti: y . • y~~`~::'~ . Ii . ,e •:.'1'`'..~i . _t . + • ; • : . . ~~L.. , t 1Ir•` J ~:J~~il7Li~l:C~. j:.~`~.Y~•, ' ~'.'~~'1•~'/~~ I.n.. . f• •l:: ~ ,.p o,-• • ~ • ; ..~.,~~r;. . .Y~ t~~ `~»e'~ .7 a'~•~ S ..ti~ •.1 5,.. 'V~' +:;C:i:':.. : ~ ~ .':~:.!~w'~ . a: .~a~'r~~ .1t>..~•r ~ 't. ~ t 4iy~,~{.*~~ y ''~i Y . ~~Ji'~:;,~ y~4 . ~ .,.,~~rr nr „~'.a' '•i~i`•``~' . ,:~t' .,~~,~t•;: .`rt;. ,i . }Ar.: ,a.tYW'/' ~:e.. * ,il, t:n "tr+. .'t~. ii~,},.iJ~:j' ' ' ' ~ %f.;'• :':.;~.•?,.'A"4'ti.~r~~'1 _ r,.• . ~ r, y' .~~+K . .'1~ 3 ~ e.^?'i' : ' ' !i,• .ti; ` v"'^ i~ i+ '~t'1~~ 'J.'?b'.drsi~~t`A's ••~'T.1. 'r • ^y'.'7• j•. ~ . 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' ~ yy~•1~•~,• _ ~ . . . ' . • . . . I ' , , . . r~~. y . • • ~ . . ' : ' ' ~ I ~ ~ ' ~ . . ' ' . , . . . . ~ . . . • • . 1.~: ' ~ . ' . ' ~ • ~ . . . I.~' w..rs.ti~-• •i•., ~ . '-va:. .:.R.... , . . , _ t+s.r~-.-t..:~ _..yr-_e+.~..,,~ : I...~M;' . , . . . . . . . . . . . . • . ^~'f.7r•~ y:`.~~f~'F':'•7~,~•.-` 1..;, . . , . . !Y' . :~~:.•i Vail Crossroads Reinvestment Study October 2006 • Documents demonstrating "Existence of Conditions that Endanger Life or Property by Fire or Other Causes" and "Buildings that are Unsafe or Unhealthy ' for Persons to Live or Work In" ~ I i . 23 Ost-03-06 03:04pe Fron-T4WN OF VAIL COtAIUNIiY GEVElOFMNT 9T04742452 5-479 P-00t/021 f-745 . • . Ta w lv 40FY 42 WestMeadow Drive Vail Fire De,partment YK Colorado 81 6S7 97A-479-2250 S'eptember 18,1997 Maxirie h~iller • Crossraads ffest Condaminium Assaciation . . 143 East Meadr,w ,prive . Vail, Caloratlo 81657 Far (970) 476-8293 .Re: ,Refronctive Fire Sprinkler I'ssue Dear :'Vlaxine; • t.ts a result of flie meetirrgs benveen you, Bill Fierce, Chief,Duran, and myself, we thoicght it best to try and lay aut the issues as clearly as we can. It is not our irrtent ta scare anypne, but to simply explain fvlsy we I:ave expressed our opinions in suci: strong and unnaivirig terms~ The Crossroads West building poses several challerrges from a ftre fabhting tactYCal siattdpairtL Access, the type of constructian, the buildit:g he;gh4 tf:e cambustible eoderiorfini.sh, limited agress, limited J7re Irydrarti locnrioris, and interior modificarions, some of which may not Itave been inade withln the . perimsters of applicable 6uiltling and itre codes, contribute to the aggrega#e effect Sectinns A, B, and C are curretttly aceessiblefrom 1he east and yvesr sid8s, gfven some Ilmitutians of ladder rruck access due ro landscaprnb on the easr side- Tl:e D and -F towers are virtuully inaccessible froirc the easc cnd south sldes due ta the setback distance from wltere we can pasflion aerial apparatus. The pPOpOSed reco7{flgut'alion nf ilteparkinglot will onfy serve to reduce the access .Evert under tl:e eurrent configuration, the D and E tawers are too far,frcnt the parking lot to be ahle to efj''ectlvely set up and operate aerinl appuratu& - Tlie type of constructiai poses ar sigr:iftGant threat to tlia survivabllily of the strttc'ture in the event of a rtra Tf'hile some sectians of t]ie buildlttg may ha ve met the codes under whiclt it svas bu114 clearly tlte liighe-s7 70rtions are rtot aiid r:ever I:ave been wfthin t1:e " 'imirrltions af the cvdes as io the heighi and type of :anstrrccrion for a resideniial builditig. Ar the tir.ne Crossroads was buitt, there was nnt a build!»g depttriynettt dxher within the Town ojVatl nor Eagle Couniy. Inspectivtts fvere contiuc•ted by the State af Colorado and rew inbpeCtfOltS WeTB cotiduCtEd tVfthftt EcTgle Cattlity. 77ie worklaad ofrhe State inspecrors limired their 'nvolvement to scliools and hospitals ottly. * -rossroads Wesr Building Assessment PaBe 2 Oet-03-06 03:04pn Froa-TOiMi Of VAIL COIAr!UliITY DEVEIOPANT 9704792452 T-479 P.008/021 F-745 Codes thraughout the country {iave fnr ntany years reqiaired a minimum aJt,va exits from upper ~ floors. Crossroaais West does not l:crve the reguired secondary means of egressfrom rlxe re,ridential portions. The concepC that someone cocrld seek refuge bv stundirrg on a balcony is not valid The glass an tlie slidirlg daors should ttot be expeetetl tn last more rfran 10 minuies when exposed to u fira 77ie rrlte and a»tount of toxic smoke prodrrctlon r:ormalfy produced by a,•esidertdal fire would be deadly to an,ytone ezposed to it for suclz a ten »tlltute period The probability of re-sctte rvithln a ten ltti»ute period lS low, due to tlze fact !t takes about 20 - 30 ntinutES for off dulypersnnnel to bepaged, respund, rxnd set tcp an aetidl apparatus, Evef: then, we cait only positinn tlre ladder to reuch one bolcony at a ttMe. The e,zisfing stairwells are oppn to the ex7erior iyilh little or tia pfeysical security. 77:e senti-enclvsed chase from the second fYoors and up, pitly tend to tunr tlte stairwell intn a chimney in a fire, , The eytclosed areas of the srnir?vays alsv provide snme poten:ial degree of "cover"fnr anyone attempting to engage [n eriminal activigt. The wood sidi?tg fvithttt the s.*ait'way ha,s been aging and drying oUt sitcce iis oria na! IiISY1IIItlhpti. Any fcre tliat were to brealcout intn !he stairwtry would 1ltErally clfmb up the interior surface of the stairway at a horrific arxd deadly speed , • ' Tl:e nicmber and locatioirs offire hydrauts ir: rlie tmmediate area are of concent to the Fire Departn:ent as well, While the ftre hydrants art? u,:der t{te "control" oftJre wa#er district,•we can and do make reeommendations as to location. The reeommended locativns, additinns, and chaj:ges are a furtclion of cApilol prioritiPS as set fonh by rhe svater distria TS'e Itctve lost one ltydrant across die street f?'om Crossraads ' and u has not 6een teplaced C/tiefDutan did iook into the issue and according to the water distric4 t/re u » ~ averav be cost of instulling a nex fire hydrant is estlmated to be about $3.500. An additiorsal fire hydrant ' would be pntentially /relpfuL ' Tlte interior modiftcations fve refer to trt~lude tlse uddU[On a~' la sauncYS, conversion astorab rye aTeus ~ .~'rs, j into sleeping quartcrs, and similar changes that have oceurred over the years. We Iirlve 6ecome aWf11'e of tfrese condirions by virtue of having been i»side sorne of tlie unity durzng alarm conditiotrs, arr occasional fre, and rlie occasional mediral ca1L - lf'e have noi takert activn to reguire abatement of tfiese conditions to dute, primarily due to wfiat seems to be a perpetual train ofpropvsals and seri,es of "srated intents" to reniode4 reconfcgure, or otl:erwise effed a chtti:ge in the builrtirtg artd sire, As we have ma.ay times expres5e4 any cl:anges ntay and probably will, resuft in compulsory coinpliance witli certaisa eode requirernent,s. Under the pr'ovisions of tfre Tnwn pf IruU ;Vlunicipal Code, no changes in the building (ar access to it as it affecis frre frght'ng operatlons), rnay be »t¢-le tf:at result in a detrimenfal effect, wfthaut proper misigarion. Appendix 1, Chapter 1 of tf:e 1991 ediilon of the Uniform I3uilding Code ujtd Appendlx.I A, Division I, of tlie Ui:ifnnn ,Fire Code, botli a.ddress cerrain i.ssues applicable to e:risling buildings. Nert/ter appe?idr.Y specif:cally reqrrires the retroactive instaUatian offire sprinkler systems~ However, the cade does oblige tlte chief administrator of the respective codes to enforce rhe provisions ance tfiey are mvare of violations. i~'tr~lations ideneted ut Crossraads West i?lclurte n:any of t3ie issrtes that liinit the Fire Department's ' ability ta access tlie buixdl'ng ai:dfigl:r afire. The lack vf a secand exit is perhaps rhe foremosr vivlvtinn. 77se wood siding witlrin the stait7ow¢r is a violation. The mere existence of tl:e fortl2 and fifth,floors in the . builrlinb appear.r to cnnstitute a violalion. Crossraads West Builrlino flsses.s»ient page j ~ ' Oct-03^06 03:04pa Froh-TOO OF VAII C01NUHIiY GeVELORENT ST04791451 T-479 P.009/021 F-745 Rernedtes alo exist for some of ilse vioGuiorts, but to 7'eguir¢ tlze physicul removal of one or rwo etrtire • flodrs does nnt seem practical or reasotrable, sspeciAlly wlrert u viable alternadve already e,xists. 77se Fire Departntent fins for many years, held a pJtiloSOpJiy il:at we are open iv snlutions thai provide an equivalent Level ofsafety. The cotles also aflow for "etrgineered equivalencfes." Our experience hQs been tltat rtatliing short of rlze in,rtallattan ojfire sprirrkler syste,ns, evea retroactively, can adeqriately meet ff:e intent of t/te code provisiorts orprovide theproper level nffire safet,y; nieer the tecfinical requirements of an "engineered equivalenry, " or pravide for mi effecfive and Cost efficient solutt'ott. We are therefore, asking that yau consider tlte opportuttity to voXuntarily insta!l a, fire sprlnl:ler system ftsroughout the resFdential portion of Crossroads West As we ftave noted, tfte building already has most of the infrastructzrre ln place to facilitnte sucit a arngram. The water mains, fire control valves, and re[ated features, rl:at riormally average 20% of the cost of a retrainstallativn, are already rhere. 7iva eondominiunrs Itave already been retrn,fltted and the !es•s•ons learned fro,n those owners can 6e ap.plied to tlre Association's aduantage. . . The Fire Department wtll cnir:mit ro givili-ynu whatever assisiance we can, witftin the limiis of our ability, towards explaining thesc issues to the rzembership, advistng yau on whaiptocesses other assaciadons have follorved, and give yau tlte benefzt o,f'our axperience in retrafct pragrarns. The Association shoiild also be aware, i"t is our rntent to ettfarce tfte prDVisforzs of t1le code tltat proliibit any cfianbes to t/ie complex t/tru are delrlmenta! to tlre life safety of the oecupa?Tts. We canrtot-crllaw a reConfiguration of theparking Ivt tftai reduces fire access, cannat allow any expanston of square footage, ar aRy vtlrer pro,jeeis that mRy have a l1Egalive effect, n7tlzout a conimitment to instaJl a ftre sprutkler systen. S'everal otlier buildings in Yail are ct[rtently in one of ifie various stages offire sprinkler retr'ofit progrants. .Cl apperli•s to tis rhat the issue ivii1 fiot go mvay or, iu otivn. We urzticipate a legally binding order to retrofit rnay ~ Le fortf:coming and as such, is nnty a matter of'tinre; liow long we dori't know; but more and moteprojects are rerrofitting each yean Please da nQal:esitQ;e to contsrct us if ya:i 3vis1: ro discuss this issue mora We will ma7ce ourselves avnilahle upott reqriest 2"hanlt you for your interesL . Sincer~ly, ' I . i ~ 1V1'ichael McGee Fir2 Marshal cc: Clrief Durnn AssL Chief ,Iohn frulick Insp. JeffAtencio Bill Pierce ~ ~ Oet-03-06 03:07un From-TOA8 OF VAII COWUNITY DEVELOFI,ENT 4704792452 T-479 P.018/021 F-T45 ' i ' . ~ + ~'OWN OF VAIZ ~ 42 West Meadow Drive I~ailFire Department Vai4 Colorado 81657 970-479-2250 • I iYlay 18, 1998 Crassroads of Vail Candominiun: Association An: Charles H. Anderson .FrnncesA. &Nlicl:ael iV Sfi eilds 6 S Lane, Cherry Hills ri Ilage E'nglewood, CO 80110 Re: Fire Spriiakler Retroftt ' Dear Crossroads of VailRun Candominium Associatioa;- I It has cume to nur attertdol: tftat certain elentettts and cottditions of the Crossroads of i'cri( Building lnrated at 141 «lest Meadow Drive, Yarl, Eagle County, Coloradv, 81657, are not in compliaRCe with the »tinimtit>i code requirements as set fortl: in the Uniforin 13uilding Code alyd Uni,form'Fire Code, as adopte by the Town af YaiL . Pursuarit to tlte provlsians of the Tnwn Gf Vizi1131unicipal Code, Title 10, Sectiorrs 1 D-1-2: B and 10-1- 3, Uniform fire Cvde, 1991 edition, Part V1'II, Drvision 1, Appendix I-A, such condirinns as exist, con.ctitute a distinct haz,ard to life and property and as sucji, nrust be abated, remedied, corrected, or mitigated tJirnrtgh the in.vtallation of appropriate fire protection systems and devices. It is the Fire Departrjzent's opitiion *that tl:e reti-oactive iiutallatinr: of a properly desigr:ed utid installed fire sprinkler system mid upprirtenancFS, fvoctld be the.n:ost effecclve means tn ntittgate maity of the conditians cansidered detrunental to. the fife safety of the vccupanrs. AddtCtonul measures ?ttay be reguired Any permit for remodel, ret:ovation, or• related activity will require the installatian of a fire sPrinl:ler .rystern wirl:in the pernttt at'ea attd completion will be 1'equired before the issuance of a Certifecate af Occupancy or Temporary Certificate of Occupariey, ?Yie 7'aivn of Vail Municipal Code requires p(aris 6e submitted withli: 18 ntonths of i:otlf catian, contained herein, and for completion nf[l,e woric within 18 mvnrlrs therer{fter. Weivnulri like to see some progress and plart development srarted befvre this fall arrd wurk proceed wid:out undrre delay. 4ur desire u to see tlze entire buildind retrofirted wirh urr approved fire sprinkler systent withln the ?iext ,iz ta 18 nronths. i ~ ' Gct-03-06 03:06am Fron-TOAN OF VAII C0WUNITY DEVELOPWNT 9704792452 T-479 P.019/021 F-745 Crossraads of Vafl ~ .Page Z We are available to discuss questions, alternattves, and procedtit•al aspects ifyou co desire. Please contact eir/rer Chief Dick Duran, Pre liIarsliat llficfiuel Mo Gse vf, Chief Bccilding Offccial Gary Gaadetl if ivc may be o}'assisran c6 Sln cerely, Micbaet 1L7cGee Gary Covdell Fire hlarshal . Chicf Brrildirrg 4fficial (970) 479-2.135 (97U) 479-2321 ccr Chief,Durun (970) 479-2252 G'harlie Davis, Building In,spectvr - ~ Torn Muorhead, Z'owtr Attoritey Rabert,lfcLaurlrr, Town.llfanagger . . l.~ ~ ~ Oct-03-06 03:04pm froa-TO'AH 0F VAII C044tUNITY DSUEtOPGENT 0704792432 T-479 P.006/021 F-745 . • . - . ~ . ~ . • TO WN 01~` Y Vail Fire d'c Emergency,Services 42 WestMeadowDrive Yai4 Colorado 81657 970-479-22511 Dece»tber 8, 2000 . Crossroads of Vai1 Condominium Assocurtion C/o Steve Stafford Slifer, Mpnagement Company Inc. - 143 East 1Vleridow Drive, ,Suite 360 Vai l, Colorada 81657 Re: Fire Sprinkler Retrofit Ptan Dear Crossroads of Yail Cpnrio?nirti:am Associcu`ion; Vail Mre attd Emergency Services wishes to remind the Assaciativn the time line for completion of lhe ftre sprinkler sysiem in Crossroads jYest is still binding. , According-to our records, the Associatinn was officialiy nvtif-ted as af June,.X998. Fi'e have received bid plans from B.-P.P.E. and have upproved th,?plans in tenns of ineetin; the it:tent and scope o}'the requirements. Shop drawings are still required,from a ltcensed contractor in order to obttun u valid pernti# from the Town of Vai1. TJie Association Icas met the inilial deadline wtlhrn which plans were reqzdred to be submitted. The next deadline is June, 2001, hy which time the enlire fire sprinkler retroftt system should be completed. As we have experienced fvith tlie backflaw preventor project, cantractors tend 1o become bztsy crs'the brttlding Cycles progress. Contracrors are nntiv biddt'rtgprojects,for the spring of 2001. We highly recommertrl the Association seriously consider moving forward tn soliciting 8ids und contract negoliation, Please contact us i,f we rnay be of assisicnce. Sincerely, Michael _McGee Deputy Chief / Fire .Marshal . , (970) 479-2135 cc: Chief John Gulick . Gary Gooderl, chief Builriing ojTtctal Tom Moorhead, Town A1lorney . ~ Oet-03-O6 03:03pm Proa-TOiN QF VAIL C0WUHITY DEVEIOPWNT 9704782462 T-479 P.003 F-745 ~ . 4VAM.- Va1l,Pire&E)nergen,,ys,,ices ~'OWN O42 rVest ?L.r'eadow Drive Vai4 Golorado 8I637 970-479-2250 AprU 16, aoos . . . Crossroads o,f Vail Condo Associatian c% Steve Stufford, Mfer lvutcagement 143 E. 11Teadow Drive V4 Colorado 8.1657 - Re: Enforcement Aclions Dear Sin ' In response to your queslion regarding possible enforcemeret actions as a resuXt of failure to comply wi1h lhe,f'ire sprinkler relrofit, it is essential to nate any penulty would be determined by fhe Munk-ipal Court upon a flnding of gzrilty. - . 1't is our e.xpressed intent to try and avofd having tojWe charges and subsequent proseculion. We have endeavored -to,,fnd equituhle soluiiorts, worked towards incrementai fmprovements, establuhed timPlines, and hanestly spent a considerable ar,wunf of stc{ff tt'me and effort towards resolulion. Hawever; there is a limit. rn fhe event tlte Assoriation at Xarge preceeds ivith the retro,f'itprogram and we find certrrin porn'ons of tlrPproperty are excluded from the con#ract, 1 can only anriripate we will naed tv contact tl:ose owners to deternrine their intent. In the event we are unahle to estctblislt a clear.and derttonstral~le intent to comply wiih tlie orders issued in June, 1998, in as much ar we have dacumented correspandence, heId meetings witle ihe Associuk'on, met wuh indivtduuls both in support and in opposition to the retrofit pragram, dating back to December, 1996, September of 1997 and .Tune of 1998, and fvhereas the applicrrlile section vf tl:e referenced code required eompTiance within three years of noKft~ption, and Whereas the deadline has }vell passerl, I see no option other 0= to proceed with strict enforcement ardons. ?'he Totivn of Vai1 Municipal Code adop!s tlte 1997 edition of the Uniform Fire Code wtlh amendments, under section 1 a.l-2: CODES ADOPTED BY REFERENCE: B. fyre Code: The Uni.f'orm Hre Code, 1997 Edition, volumes I and 2, and . all appendix chapters thereto, is hereby ariolled by referenre. The ~ Uniform FYre Cade, 1997 Edition, i's published by the 1'nternutivnal Fire Code Institute, 5360 Workman Nl~ill Road, Wltittier, Ca!{fornia 90601-2298. . . • Wifliin #he Uniform,fire code, there are hwo sigruficunt sections that deal iyi1h failure to enmply. Tlte generalpenalry section under Article 1, Section 103, 5ub'section 103.4.4, states in part Oct-63-06 03,43p~ Fron-TUM 4F VA4l COIAAU41iY DEVEIOPMNi flT04TB2442 T-479 P.004 f-P45 rtre tvttE / lVlitl{tClpal L'ode ' Page 2 . ~ " 103.4.4 Citations 1°ersons nperating or mdintainrng an occupancy, premises, or vehicle ,subject to this code who allo?v a hazprd 1o exist orfail to take immediate action to abate a hazard on such occupancy, prernises, or ve3eicYe wtien order'ed ar rtohfied to dn so by the chief sha1C be guilty of a misdemeanon " The secattd penalty secrivn as it pertair..s to this situation is in the UnVorm Ftre Code, Part lX, Appendices, Divisaon I, Existi'rtg Buil,dings, A17pendix I-A, Section ,I, subsection 1.2, and reails in pan: " Effective Date. Witliin 18 months qf'ter the Pffecdve date of Appendix I-A, plans for camplicmce shall be Submitted and a,pproved, qatd witltin 18 months thereqfler the work shall be completed or ilie budlding shall ~ be vacated until made to conform. Dlher sertivns of t):e Uniform Fire Coae aliow the Cliief to arder the use of a portion of the buzlding to be evacuated (Article 1, 103.4.1.3) and allosv t1te Chief to vrder abatement (Article X, I03.4.5). In us mucfc as the Uniform Fcre Gade has been adapted und ts part af tlce Tnwn of Vail Aiunicipai Code, il sltauld be noteat t/ie penalty section of the Municipal Code reads in pcuf, as follows: 11I-4-1; GENERA.L PENA.L7Y 1: A. Violntion And hcnishmeni: ' 1. It is unlawful,for arcy persan to vfpltite any provision or to faa to comply witJz any nf 1he reqriirements of this Code. Unless othenvise speciftcully provided, urry person eighteen (18) years of age or nlder violaling aaty section of the Town Cade shall be punished hy a fine af not more than nine hundred ninety ~ nine dallars ($999.00), ar by incarceratron not to exceed one hundred eighty (180) days or by bvth SuClt fine'and rncarcerrrtlon. n It is not wftltitt tite scope or authority for Vuil fire & Emergency Servise5 to dictate whatpenalty 4 ~ assessment the Caun may impose upon a findinb of guUty. It is wifhin our scope and nuihoris,y to enforce ~ the code. T1te Town of Vaz! Municipal Code is avrulable on-line at lctto•/lwwtiu.vaQav,com/. where the penally section af the Munkipul Code may be reFZewed, I~ Please contuct me if you need,further esplmtation or you may contact Chief Gulick at 499 2253 or . ~ Town Attorney Ma# Mire at 479-2I07. ~ I ~ Sfncerely, . ~ I ' Micltael McGee i Deputy Chief / Fire Marsl:al ~ • ~ Cc: Mait bitre, Town Alfvrney ~ Juhn Gulick, FLre Chlef • ~ ~ Oct-03-06 03:05pm Frow-TO'N!1 OF VAII CbWUNITY 6EVELOPAHT 97047e2452 T-419 P-010/021 F-745 • . ~ . . TW0%lv oFVAU,- . Tfail,Fdre & EmergencyServices 42 TYesthleadow,tlrive YaI4 Colotadu 81657 970479_.22SO April ?0, 2004 Dea» 1'aytar 1625 ;arinier Slreet, . . Suite '407 Denv: r, CO 80202 - Re: Retrofrt Fire Spr:nkler Insta.llatiua at eros.rrnads Dear Mr. Taylor, ~ Thank youfar yvur 1e, 'er and ynur plione ncesrage, 7 understand hvw schedules hccome cresvrled and apologi.Lefor ffie delrry in resyariding. . . Yc::xs is not tlte oniy isstre sdllpendiirg. .4s such, I nrusl clarif y a cvuple o,f'issues regarding tlie Crossraarr's CondorninirvnAssaciation's and the contrucl far tliefLre sptiitkler sysiem by delineaiing cerxain • chronoloa -:.a1 alld rletuiled eventr. _ As you know, seyera! years ugo, llie Towlr ajVait issued an order to compty wFth t/te F'ue and BuildiRg Code. I'!ie plajts a,Td specificaiiunsfor the Crossroads West retrvfi[ as developed Gy Jim Buckn,,r Wth Marter Archilects and Perry Matl:ews, P.E. witk li.F_P. K, Q fire protertivn englneer, werefuirly comprchensive, tevfewed and upprnved by Yail 11re &,Fmergency Services prior to going out ro bid TI,e praject ivvs reviewc-4 ht ddail wil/c a represenialive from Evans Geaffee over lllt course af several mEetings. I understand Evarrs CIraffee /rad seve.-al additianal meelings wrlfi subcontractom 1't ap,penr,'d, based on' floe riiscussivrts wuh Evrrru Cliajfee, tbeir sCope of work reJlected all tJie itemr and eferneilLs rtecessary ta meet ttre co?npliance crder as'?ve11. . Auring yours nnd iny diseL.. ion, I did stale il is tlte derire lo have charige vrders reduced to a minimujn by virtue n!'careful anrl campretrensive planniljg. tased on inJ'ormatinn given to i4r by properly owners, conlraclors, designers, arrd architects, we believe a general slulement cajt be made tllnl nn rrddflional ' 10% in plan development oftcn resitlts tn ZO% -3D% savings in clra?:ge orders.. It /ias beeir srrggested a. S% - YO°/a allowance shorilcl be mad,-„far inevitable usues not readtly ide~ttffta6Ce itt a retraA Yf'e havP been in meetlr.fls whereiri the property bivners, owner's lepresentatives, and olliers huue agreeri tlini change arders resuttlrlgfro»i unforeseetr elein:..nts worild be cl„trged back an a time and uraterial (T&M basts. I 1' arrc nat asvare svhellier -:rvssroads had such an agreement K~ith the contrnctor or rzot. . W1111 re,spgpt to CrossranrLs MariRgcnterjt's ltrtdeMtandinjaispci tcations as flcey relate tofre ,-w1rx I~ at«lfi. sprurklersyste?ns aii,l issues relufedlo u retrufit, I CfTl1l~01 COtItl1JL'ltl. S1eVCSlaffoPll iilrlicatB11,511fer ~ dl?anrr;;•-fnenf anrl theAssociuriua were cnmfartu,SLe ?vitl: dieir cleclsiuns. Cct-03-06 03:05am Fron-TOWN OF VAIL CQWUHITY D'cti'ELOP4EHT 8704792461 T-476 P.011/021 F-745 Page 2 , .1 fvus osl;ed by Ste?ve Stafford early in the process to review tliree bid packages in ternu of conW:~-.-nce • ?vith dee intended scope of 1/+'rprojec4 Each package was submllted.by a general rori[ractor. A!l thres proposals fai(+:d to includespfficrent detat! to make a recsonable deternurratiari. lsr•;gesred each af the proposals needed [v be revised. I,iever dul see nor did I need to see Urc co,rtrucl fvith eith cr Evarrs Cltal-Ice dr,tt&R andHabiiats l3'esl or any other civil utstrumcRt sigrred by MeA,rsacialfan. After Ihe tnstallation of lhe frre sprink,Pr hegan, tve had a discussion with represontalives of Hahitals 1Yes: regvrding the requWement to adrirm the,,flame spread in the stairwells. ZY:e agraement a,rd spec ~ficariorrs required the wood sf,'ing in 11teA, -C, and C totivers he either replaced rvilh a matcrlQl3vilh a Cla.s.. A flame spread or irealed witli ari approvedfire retardan4 H'ahrtats West «sserted lhat rvas not in lleeir col;_.•act arrd Slifer management rrlleged treacli.nenl of i#te stair to?ttrs was nat in the "Jirst pfiase" ojthe war'L Y3'e ?rad tv mnke r1 perfeclly clear r; o Certificate af Occcipancy or Fin ullnspection catcld be issued 'unlc:rs the stai;• towers were addressed Addltivnal issues regardtltg Ihe locatiojx of tlle fTre department conneCtidn and lhe jeerler pilie arose when the gencral conirirctor was told a change in the pluns ta relocaie /he supply plpe jrorn tlie intsrior !o rhe erlc: ior would require approvalfrom the Design Revieiy Bvarrl tlgain, Habi[a1s West contended «t _v snffrt enL;: vsure ara.nd the fire department conneMan pipe was not in lheir original contract ar bid Lale in the,pro}ect, a.?s Lssue cnme rrp regardilig tlre required upgrade to ihe eristing fire spriiikler system ia tlie colnmerciat areas and Tower E TJte applicant also indiraied the requiremenfs to address existutg decteneies in the tIsealer arrd tfte grocery slore were not inclrrded in tl:eir bid I did furnisli Stcve . Staffard a eopy ofthe first puge of lhe;;pecifications written by Perry Mathews, P,F_, wl:ich included thase eleirients beiiig debaled bet?veen the prvperty o wners and the cotitractors. I have not been asl'ted to caminetit an anv suhsequent issue(s). - I I While rt Ls wilhin ihe scope of my of rice [o try and answer questions of fhe property owper an ~ applicnnts, ii is not within our scope to get invtIved in ihe selection of a eottlraciar br how any eottr:vuiirsiurn ' rtssocitttion decides to nssess llie metnbers for work in lirttited or limited common e.lemenis. It is our desire to actiiaC~u avoid any lnvolvemerrt !n s«rli marrers. Likewise, I rannat execute agree:nentr Klith contracturs regaro'f:g limPlatiorr,s on pricing, chartge orrlet.r, cost overrru:s or return officnds. 77iat is eleQrly beyond vur author' y arcd such aclioirs cuuld me corsslrited as unethiral and 11Lega1 as It reltrles !o resirairct of tr.-rde. 1 tn fdci, .1e no sucfi agreeirierrt nnd never liave I,ad SiuCh an agreement as.Fire MarsJial, wil/i arry cc..,. ncror. ~itli respeet !v tlie AssvclatiaR's election rR chauge get:erRl eontraetors, agailt, Vai! Fire & Emergc• •_ry Services had Ro role vr i+rput on that decisian. We }vere rnerely r)te recipielifs of such IIl,fOr!lIRtlO1J. It was expluu:ed to me tlte reasor: fnr 1he eholrge in genervl cvnlractors wrrs a sign fcant . diJference ln the cantract prire. Ii may be presymptuour Grd It appears al least sorrie of tlte d:J}rereace iri prlce rvas due to a perceived d fferarrce in Il,e scope, Evans Gliaffee nppeared lu have all tlie elenienCr reqzrired by tl:e Towa nf Yail in flieir proposal svhereas blauiiats West did nat. .I did nnf fiave any rrwetings with f-e ' SeCOnd coniractorprior id II:rAssoGin'ion ter'minitlirig their relatioizs/rip wit/i Evans Cltuffee and subsequerttly nwarding ilte con(rart to R&.ti. . . . ~ ~ I Oct-03-06 03:06pm From-TOF1i OF VAIL COMUHITY DEUELOPI+ENi 9704792452 T-479 P.012/021 F-745 • Pagt 3 . Tliere ; vn.r discirssion betir~:en Steve Stafjord,lYabitats West, a subconiraclor to R&R, atrd the ,Fire Depurtment re~garding t/ie seape ojtlre rvork ?'his discussion did not occru untf! th e e,rd of tli e fcrst pls N7te.n I asked IJave Peters ?vitli Habitats We,rl abortt tlie crdditional wark required to nwet the com,p[iancc ordc:, /i,e uldiculed it n7as not in the scope of !ir's contract and hc disavawed any ktrowladge of tlre remaininjq eleiuents needed !o compfy wilb the Fire and li'ui[ding Code, Crossrovds Conrlorniiiircn: As.,roclalidn has not yel conrplied tvitle llte orders issned by 11re Tvwn of v#l nor L•vve they cvnrpleted the rvork ule;ifified rn the scope and sequence of Ilie plans rrirJspecifications ds devet I.tped b,p Bucker and Matlrefvs and apprpv,.d Ly the Fire.Departntent. A.s far as Mr. Noble's ey: vironrrwrita! a.rsessrnent',1 ui:derstatrd tl:ls Ir a lrormat procertrlre in real estai,: ;'rmrsactions and is required andpaid far- hy parlies ollier ilran Yai1,iG'ire c4c Emergency Services. ^s we ulso drsccrssed r`n our meetu:g, l a'v believe reusonable people c,rie mukercaronable decwiatis giveir -.:,n:iate iriformafion. I liope aitd lrtcsf Me issues fderxtified in your lelter of February 24, 2004, rvill be resolve ',)ebueen 11ee Assoeiaion, tl:e nrembers, and the contractors in an eyuitab[e and fxpedient nranner. I fyish you a speedy recovery and loak farward io yaur next visit . Sincer ~~'y, . • • iYliclrael McGee DepJaty Cliief/,Fire •Aarslia! Ccr Tire Clzief Jolrn Culick Fire Preveiitiarr Qjficer Mike 6'nug/ian GtiefBuilding OfftciQl Charlfe Davis Matt Mire, ?'o?vn t,tttvrney • • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department I . DATE: December 11, 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, to allow for an addition above an existing garage within the front and side setbacks, located at 315 Mill Creek Circle/Lot 2, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0080) Applicant: Howard and Judy Berkowitz, represented by Mauriello Planning Group, LLC Planner: Bill Gibson 1. SUMMARY The applicants, Howard and Judy Berkowitz, represented by Maurielio Planning Group, LLC, are requesting a final review of a variance from Section 12-6D-6, Setbacks; Vail • Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition above an existing garage within the front and side setbacks, located at 315 Mill Creek Circle/Lot 2, . Block 1, Vail Village Filing 1, and setting forth details in regard thereto. Based upon Staff's review of the criteria in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends denial of this applicantion, subject to the findings noied in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, Howard and Judy Berkowitz, represented by Mauriello Planning Group, LLC, are proposing to construct a 363 sq. ft. guest bedroom and family room addition to the second story of their existing single-family residence. A Type I EHU also exists on the site. A total of 115 sq. ft. of this addition (32%) is located within the required side and front setback areas on the southwest corner of the property. The majority of this proposed addition is located above an existing two-car garage. Setback variances were granted for construction of the individual garage bays in 1987 and 1993. However, 65 sq. ft. will be cantilevered north of the existing building walls and will constitute additional site coverage. A vicinity map (Attachment A), the applicant's request (Attachment B), proposed architectural plans (Attachment C), and file plans not included in the submittal (Attachment D) are attached for reference. ~ 1 III. BACKGROUND • The subject property was subdivided in 1962 and was incorporated into the original Town of Vail in 1966. With a lot size of only 12,114 sq. ft. (0.28 acres), the subject site is legally non-conforming in regard to the minimum lot size of 15,000 sq. ft. required by the Two-Family Primary/Secondary Zone District. The house on this site was originally constructed in 1962. The original house was located within 9 feet of the front property line and is therefore legally non-conforming to the minimum 20 foot front setback requirement. The original 1962 structure complies with the required 15 foot side, 15 foot rear, and 30 foot stream setback requirements (Mill Creek traverses the far northeast corner of the property). At some point in time an apartment was created in the lower level of the structure. The ori9inal r re has been remodeled on multiple occasions. Of note, in 1987 th st uctu e Planning and Environmental Commission approved a front and side setback variance to allow the applicants to construct a one-car garage at the southwest corner of the original structure. With this variance, the applicants were also allowed to construct a basement level bedroom and storage area (i.e. new GRFA) within the front and side setbacks directly below the garage. In 1993 the Planning and Environmental Commission approved another front and side setback variance to allow the applicants to construct a second garage bay to the west of the garage addition approved in 1987 and a front setback variance allowing an increase in the roof height of the main house. This second garage bay was approved to be constructed within six inches of the side property line. The Planning and Environmental , Commission also approved a site coverage variance to facilitate the construction of this second garage bay. A decWpatio area was constructed on the roof of the two-car ' garage. As a condition of approval for the site coverage variance and the setback variance for the garage and a raised roof ridge, the Planning and Environmental Commission required the applicant to deed restrict the legal non-conforming apartment as a Type I ' EHU (employee housing unit). By deed restricting the existing apartment as a Type I EHU, pursuant to Section 12-13-4, Vail Town Code, an additional 5% site coverage bonus was granted to the property. This bonus brought the property into conformance with the site coverage requirements of the Two-Family Primary/Secondary Zone District and the applicants now have 170 sq. ft. of allowable site coverage available. Also, by deed restricting this unit as a Type I EHU, the applicants have been granted an additional 550 sq. ft. of GRFA. In 2003 the applicants obtained Town of Vail approval for an "Interior Conversion" (i.e. all "allowable" GRFA had already been constructed) to allow a portion of the crawlspace constructed below the 1993 second garage bay to be excavated and converted into GRFA. This below-grade GRFA is located almost entirely within the side and front setback areas. The area is not shown on the applicant submitted plans, so Staff has attached a copy for reference (Attachment D). In the fall of 2004 the Vail Town Council adopted revisions to the Town's Gross Residential Floor Area (GRFA) calculations. As a result of these code amendments, the ~ applicants now have 679 sq. ft. of allowable GRFA available. The applicants are currently proposing to utilize some of this GRFA to construct a second story guest , 2 • bedroom and family room addition of 363 sq. ft. that includes 65 sq. ft. of new site coverage. To facilitate the construction of this proposed addition as it has been designed, the applicants are requesting both front and side setback variances. IV. 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 12-6D: Two-Family Primary/Secondary Residential (P/S) District (in part) 12-6D-1: PURPOSE: The fwo-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 zone 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. • 12-6D-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: Variances (in part) 12-17-1: Purpose: A. Reasons for Seeking Variance: In order to prevent or to lessen such practical difficu/ties 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. V. SITE ANALYSIS Address: 315 Mill Creek Circle Legal Description: Lot 2, Block 1, Vail Village Filing 1 Zoning: Two-Family Primary/Secondary Residential Land Use Plan Designation: Low Density Residential • Current Land Use: Single Family and Type I EHU Lot Size: 12,114 sq. ft. (0.28 acres) 3 Standard Allowed/Reauired Existinq Proposed • Setbacks (min): Front: 20 ft. 6 ft. additional GRFA West Side 15 ft. 1/2 ft. additional GRFA East Side 15 ft. 44 ft. no change Rear: 15 ft. >15 ft. no change *GRFA (max): 5,403 sq. ft. 4,724 sq. ft. 5,087 sq. ft. Site coverage (max.): 3,028 sq. ft. (25%) 2,858 sq. ft. (23.5%) 2,923 sq. ft. (24%) *(an additional 550 sq. ft. deduction has been granted for the Type I EHU) VI. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Stream TracUBike Path Agriculture and Open Space South: Residentiai Two-Family Primary/Secondary East: Residential Two-Family Prim ary/Seco ndary West: Residential Two-Family Prim ary/Seco ndary VII. 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: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. If approved, these proposed variances will result in the construction of additional bulk and mass in both the front and side setback areas. Previous variances have already been granted to allow the construction of a single-story, two-bay garage within these setback areas. Staff believes the construction of second-story additions within the front and side setbacks will further increase the impact of this structure on the adjacent properties. Since the existing garage has a decklpatio on the roof of the structure, Staff does not believe the applicants are currently being denied use of the area above the existing garage by the Town's zoning regulations. Therefore, Staff believes the proposed setback variance request will have a negative effect on other existing or potential uses and structures in the vicinity. 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. 4 • The Planning and Environmental Commission has consistently held that construction of a structure prior to the adoption of the current zoning regulations may be a basis for granting a variance from the Town's current zoning regulations. The Planning and Environmental Commission has consistently granted setback variances for new garage additions to homes that were originally constructed without garages prior to the Town's adoption of zoning regulations. The locations of these existing homes have created physical hardships and the construction of a garage furthers the Town's development goals and objectives related to traffic and parking. The house originally constructed on this site in 1962 encroached into the front setback area currently required by the Two-Family Primary/Secondary Zone District. The original structure conforms to the required side, rear, and stream setback requirements of the district. Since the original structure did not include a garage, both side and front setback variances were approved by the Commission in 1987 and 1993 to allow for the construction of garage bays. Staff believes these variance approvals granted the applicant relief from the location of the existing structure and the location of Mill Creek necessary to achieve uniform and compatible treatment with other residences in Two-Family Primary/Secondary Zone District. These variances also facilitated the 1987 and 2003 construction of • basement level GRFA below these garage additions within both the front and side setbacks. Staff believes the approval of this additional below- grade GRFA within the side and front setbacks granted the applicants more relief than has typically been approved for other similar residences. Since the garage roof is currently functions as a deck/patio, Staff does not believe the Town's zoning regulations have unduly restricted the applicant's use of this portion of their building. Since the original, and existing remodeled, residence conforms to the west (with exception of the garage) and east side setbacks, the north rear setback, and the Mill Creek Stream setback, and 170 sq. ft. of allowable site coverage is available, Staff believes the applicant has the opportunity to utilize the remaining 679 sq. ft. of GRFA allowed for the site in compliance with the setback requirements. The applicant also has the ability to construct new GRFA within the basement Ievel of the structure by again converting existing crawlspaces into habitable areas. Staff also believes there are architectural design alternatives available to the appl.icant to allow for a family room and guest room addition that complies with the setback requirements. Staff believes the applicant's current proposal for yet another side and front setback variance exceeds the degree of relief necessary to achieve compatibility and uniform treatment among sites in the vicinity and in the ~ same zone district and therefore will be a grant of special privilege based upon the following: 5 I o the originai structure conformed to the side setback requirements • o two separate side and front setback variances have been granted for garage additions o a front setback variance has been granted for additional roof height in the front setback o side and front setback variances have been granted for below- grade GRFA o the roof of the garage is currently being utilized as a deck/patio o design alternatives are available to the applicant for further additions to their home in compliance with the setback requirements. , 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, or utilities in comparison to existing conditions of the site. However, Staff does believe this proposal will have a negative affect on light and air, and will create additional visual impacts due to the close proximity of the additions to the adjacent properties. 4. Such other factors and criteria as the commission deems applicable ~ to the proposed variance. • The Planning arid Environmental Commission has recently denied other variance requests that the Commission found to exceed the degree of relief necessary to afford applicants similar treatment to other sites in the same zone district that would constitute grants of special privilege. Examples include the garage setback variance denial at the Cohen Residence at 265 Beaver Dam Road, a site coverage and GRFA variance denial at the Stephenson/Schofield Residences at 1448 Vail Valley Drive, and a variances at the Lewis and Davidoff Residences in the Tyrolean at 400 East Meadow Drive. B. The Planninq and Environmental Commission shall make the followina findinqs before qrantinq 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 6 • physical hardship inconsistent with the objectives of this title. b. There are exceptions or extraordinary circumstances or conditions applicabie 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. Vlll. STAFF RECOMMENDATION The Community Development Department recommends denial of a final review of a variance, from Section 12-6D-6 Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition above an existing garage within the front and side setbacks, located at 315 Mill Creek Circle/Lot 2, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria in Section VII 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: The P/anning 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, to allow for an addition above an existing garage • within the front and side setbacks, located at 315 Mill Creek Circle/Lot 2, Block 1, 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: 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 c/assified in the Two-Family Primary/Secondary Residential District. 2. The granting of this variance will be detrimental to the public health, safety, or welfare, or materially injuriaus 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 regu/ation will 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 Residential District.. I 7 c. The strict interpretation or enforcement of the specified regulation will not • deprive the applicant of privileges enjoyed by the owners of other properties in the Two-Family Primary/Secondary Residential District. IX. ATTACHMENTS A. Vicinity Map B. ApplicanYs Request C. Architectural Plans D. 1993 Approved Crawlspace Conversion to GRFA E. Public Notice . • 8 ~ ;,a Attachment: A ~ ~,fi,~ ~ ~f ~ , ~ ~iz~~~ r`'~~: ~ ~ 3 ~ ~ - ~ ( r r k t'~' ;°t•,~ ' !N S~~ ~i ='9p t`" ~ ' ~ ~ ~ 9 + ~ ~ M ~s a s ~ "14 r ~1"• , ~~aa4. _ ~~'~M N 4M y,>. 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IY F ~ .J~'"• .Aa.. ~b., x¢ - ~ y YH. . ~ . ,1'v~J". .V ' + ~ L,. • ~ y ~rY7i • i ^ Y. ! . ~^a,4 - rm.y 5 . itz W , ~ ' C~rcie ~ ~reek ~_ot 2 , ' 3 2~~~ Va~~ on N°~ember vbmlttea to ~he T4w~ o{ 5 ; , ~ P~~nn1n9 C'roNP Mau~,~11a , . ~ , - Attachment. B a ~.~~~r ~ ,~•-~vd en . ~ . k1l's p ~ - _ - • , . ; , ~ • . ' n- - ~ p p, ~ . €~3 > ~ ds f~ - ~ ~ * ~ .AaS ~ ~ ' .g ~ ~ • d a{a~z 7 !t.. ~:..p, 7' F~i ~5t ,A ` kt,.:,,~ . .erwm~~n. + ~ ~ ~ C ~IM,~ ~i ~ ~'^r -116 `.s x.. d ~y 3. ~ A.y„ f y, 'n r~,~ k f nE .~w ~ f ~p ~ ~,^~Iqs~.~ 3 . ~ ~ ~ ,~G: i•y , rd~ e, • , • . i . ..a- . . 4 _ r 4s' J*~v~.,; ~ ~ `..w_ ~ ~-x.,~ ~ N.~A~~g~}~tt~ v _ r, ~ ' . ~ . ' ` . . , R~ v J ~~Y. . ' ~ r ~r aT~~ -~3~`~`~4~~`;` `~~y' t,~' ~ ~ r . ~y y ~ ~N{{ 3L.. L r~ r~' X~ ~ ~ ~ ~ y • ~ 1 . aR, Berkowitz Residence , Va ria nce Req,uest j ~ . 3 15 Mill Creek Circle Lot 2, Block I, Vail Village I St Submitted to the Town of Vail on November / 3, 200E ~ J1 I 1 Maurielio Planning Group • Mauriello Planning Group i. SUMMARY OF PROPOSAL The Berkowitz Residence, located at 3 15 Mill Creek Circle / Lot 2, Block I, Vail Village I 5t, has ava+lable GRFA as a result of the revisions to the Town of Vail GRFA allowances. According to the plans, approximately 400 sct. ft. is available. The request is for a setback variance to allow for an addition of approximately 1 40 scf. ft, of GRFA in the front and side setbacks, above an existing garage. The addition would not encroach any further into the setbacks than the current home. The home currently has setback5 of 6 ft. front and .5 ft. side. The proposed addition to the home would be 8 ft. from the front property line and 9 ft. from the side property line, well within the setbacks of the existing residence. The residence is constrained by many factors. It is an existing residence, originally constructed in 19G2, prior to Town of Vail zonin9. Mill Creek runs through the northeast corner of the site, forcing the home into the southwest corner of the lot. The lot size is non-conforming at 12, 1 14 sq. ft. and there is an existing Type I Et1U on the site. The property was granted a site coverage variance (no longer necessary) and a front and side setback variance in 1 993 for the addition of a garage. • The limited amount of site coverage available, the constraint of the 30 ft. Mill Creek setback, and the existing footprint of the building dictated the area most appropriate for an addition to be above the existing garage. ~r.. ~ ~r II. ZONING SUMMARY ~ Lot 5ize: 12,1 14 SGl. ft. Berkowtz Residence - September 2006 Zoning: Primary/5econdary 5etback5: Allowed Existin P~oposed Front: 20 ft. 6 ft. (variance) No change Side (w): 15 ft. .5 ft. (variance) No change Side (e): 15 ft. > I 5 ft. No change Rear: 15 ft. > 15 ft. No change Stream: 30 ft. 30 ft. No change 5ite Coverage: 25% 23.5% (variance) 24% 3028 sct. ft. 284G sq. ft. 29 I I sq. ft. GRFA: 5403 sLI. ft. 4962 scI. ft. 532 I sq. ft. Density: I du + I Et1U I du + I E11U No change - • . • 81620 Office 970.748.0920 Fax 970.748.0377 mauriello@comcast.net 1 III. BACKGROUND OF Th1E PROPERTY • The Berkowitz ReSidence was originally constructed in I 9G2. Over the years, various remodels and additions have occurred. In 1957, a setback variance was granted for the addition of a one-car garage. A variance was granted to the Berkowitz Residence again in 1993. The request inciuded front and side setback variances, and a site coverage variance, to allow for a remodel and garage addition. No additional GRFA was located in the setbacks at the time; however, bulk and mass were added in the front setback due to the raising of the existing roof at the front entry. The staff inemorandum from the 1993 Variance request indicates that staff supported the site coverage variance and the setback variances for the addition of the 9arage, but felt that the additional bulk and mass in the front setbacks for the remodel of the front entry could be minimized more than proposed. According to the mmutes of the Plannmg and Environmental Commission meeting, the PEC approved the variance recluest as submitted. The site coverage variance and setback variances for the garage addition were approved, as was the variance for additional bulk and mass in the front setback for the remodel of the front entry. According to the plans, this area was vaulted space, and no GRFA was included m this area. The site coverage variance granted in 1993 is no longer applicable, as the residence mdudes a Type I deed-restricted EI1U, which a(lows for additional 5%o site coverage. • In 2003, an interior conversion was approved to allow for existing crawl space beneath ' the gara9e to be converted to GfZFA. A portion of this space is located in the front and side setback. The height of the garage in the front and side setback is currently 13 ft. (this includes the height of the railing for the roof terrace.) The height of the entry in I the front setback is indicated at 24 ft. The proposed height of the ridge of the , addition will be 3 1 .5 ft. I To summarize, this property has received variances, mcludmg variances for front and side setbacks, and for site coverage. In 1093, staff specifically noted that the siting of the exi5tin9 building constituted a hardship. In addition, the lot size of 12, 144 sq. ft., and that the property is significantly encumbered by the Mill Creek stream setback, constitute a hardship. As the building exists today, there is significant GRFA located within the front and side setbacks. A variance was granted for additional bulk and ma5s in the front setback, which is the same variance request being made with this application. - • . • 81620 Office 970.748.0920 970.748.0377 mauriello@comcast.net 2 • IV. CRITERIA IN ThE REVIEW OF A VARIANCE REQUEST I. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Our AnalXsis: Mill Creek Circle was one of the earliest residential developments in the Town of Vail. The Berkowitz Residence was originally constructed in I 9G2, prior to Town of Vail zoning. The character of the area is eclectic. Some of the houses were constructed in the early 19G0's and while many have been remodeled, some remain little changed from the original design: - r ,.ti.i. Other residences have been substantially remodeled or new homes have • replaced the older original structures: 4 r . ~ - . Many of the origina! structures on Mill Creek Circle were constructed at a similar time, and as a result, many encroach into the setbacks, including the following properties: Address Encroachment Year Built Variance? 325 Mill Creek Rear Setback 19(54 non-conforming 332 Mill Creek 5 ft. setbacks (E t S) I 963 granted in 1972 342 Mill Creek Front and stream 1989 granted in 1985 305 Mill Creek front, side, site cov. I 962 granted in 1987 • O • • • 81620 Office 970.748.0920 970.748.0377 mauriello@comcast.net 3 The property impacted most from this proposal is the 11ead Residence, • located at 325 Mi{I Creek Circle. Substantial landscaping exists between the Head Residence and the Berkowitz . ~ . ~A Residence. This landscapmg wil{ be maintained. The Berkowitz Residence received a variance m 1993, allowing for a garage addition and additional bulk and mass located within the front setback. These variances were granted with the condition that vegetative screening be added to mirnmize the impacts to adjacent properties. This proposal has been minimized :t so that the proposed addition does not encroach more than the existing structure. The current structure is approximately G inches from the side property line. The proposed Existing landscaping between addition 15 approximately 9 ft. from the side Berkowit2 Res. and tiead Res.. prOpeC'ty Illle. ThIS was done to minimize any potential impacts to the aduacent property at 325 Mill Creek Circle. The front setback encroachment will not exceed the existing front setback of 6 ft. and is proposed to be 8 ft. from the property line. The proposed addition will be complementary to the residential character of • the neighborhood. The addition will not be overwhelming in scale, the materials and design will be consistent with the existing structure, and the existing vegetation will be maintained to provide screening for the adjacent property. The recIue5ted variance is compatible and wiil harmonize with other existing and potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibi{ity and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of specia4 privilege. Our Analysis: The Berkowitz residence has received variances in the past - in 1957 for a one-car garage addition (setback vartance only), and in 1993 for a second 9arage addition and a remodel (setback and site coverage variances). As a result, a clear precedent and recognition of hardship has been established for i this property. The structure was originally constructed in 1962, within the front setback. The site is non-conforming with regards to lot size at only 12,144 sq. ft. Mill Creek runs through the northwest portion of the lot, • • . O 81620 Office 970.748.0920 - Fax 970.748.0377 - mauriello@comcast.net 4 • pushing development to the southwest portion of the property, and into the front and side setback. For the purposes of this analysis, we identified variances with similar circumstances to the Berkowitz proposal. These are properties where there was an existing non-conforming structure, buiit prior to Town of Vail zoning regulations. Properties with slopes in excess of 30% were excluded. We identified the following variances: Ferry Residence (2000): 5ite coverage and side setback variances were reciuested for an addition and remodel for this residence, located 1007 Eagle's Nest Circle. 5taff recommended denial of the site coverage variance request, but approval of the setback variance request. The setback variance was similar to Berkowitz in that the structure was buiit prior to Town of Vail Zoning Regulations, and had existing GRFA within the setback. The setback variance was recluired to add G(ZFA above the existing setback encroachment. The PEC followed stafF's recommendation. Mynor Residence (2000) The Maynor's, 4295 Nugget Lane, requested a variance to allow for the addition of GRFA in the setback. The recjuest was to add a closet on the ~ second floor, above an already existing encroachment. The residence was constructed under Eagle County Regulations and subsecjuently annexed, rendering the structure non-conforming. Staff recommended approval of the variance request, and the variance was granted by the PEC. Clark Residence (2002) The Clark Residence, located at 4887 Juniper Lane, was granted a front setback variance for the addition of GRFA in the front setback. The structure already encroached into the setback and the proposed addition did not encroach beyond the existing encroachment. The Clark Residence was built prior to TOV Zonin9 Regulations. Staff recommended approval, and the PEC voted to approve the variance. Parks Residence (2002) The Parks Residence was an existing residence, built prior to Town of Vaii Zoning Regulations, with encroachments into the stream setbacks. GRFA was proposed to be relocated on the site, but still located within reauired setbacks. Staff recommended approval of the setback variances and the PEC approved the variances. • . O 81620 Office 970.748.0920 970.748.0377 mauriello@comcast.net 5 Gannett Residence (2004) • The variance request for the Gannet Residence, located at 79G Forest Road, did not include an addition of GRFA, but was a request for additional bulk and mass in the setback. The remodel raised the ceiling of existing vaulted space. The residence was built in I 968. Staff recommended approval with some minor conditions and the PEC approved the variance. The options for an addition to the Berkowitz Residence are limited. The location and configuration of the existing structure, the location of the Mill Creek setback, and the limited site coverage on the site, make "going up" the best alternative for an addition on the site. Some internal vaulted space exists within the existing structure, and is being converted into livable space to mirnmize the addition of bulk and mass. tlowever, the remaining vaulted space is within the living room, and the enclosure of the entirety of thi5 space would create a living room situation with low ceilings. The recjuest has been mmimized to the extent possible, eliminating any rec[uests for a site coverage variance, and ensuring that the addition does not encroach any more into the setback than already exists. A5 indicated previously, other simiiar variances have been approved in this neighborhood, and therefore, the granting of this variance would not be a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of • I~ population, transportation and traffic facilities, public faalities and utihties, and public safety. Our Anal sis: ~ The Berkowitz variance reCjuest will have no effect on the above-mentioned criteria. The addition will not increase the parking recjuirernent for this property. V. 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Attachment: E • ~ ~,~~~~,~~:j 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 December 11, 2006, at 1:00 pm in the Town of Vail Municipal Building, in ; consideration of: ; A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed amendments to Chapters 14-2, Definitions, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create wildfire i regulations and require Cfass A roof covering materials for all structures within the Town of Vail, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede A request for a final review of an Exemption Plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures,. Vail Town Code, to allow for the modification of existing building envelopes to eliminate encroachments into common area parcels, the . combination of several common parcels into a single common parcel, and the exchange of equal sized parcels between Ridge at Vail and Cliffside Lot 1, located at 1460A-F • Ridge Lane and 1452 Cliffside Drive/Lots A-L, Ridge at Vail Subdivision, and Lot 1, Cliffside Subdivision and setting forth details in regard thereto. (PEC06-0079) Applicant: Ridge at Vail Homeowners Association and Mike Young Planner: Warren Campbell A request for a recommendation to the Vail Town Council that the Crossroads Reinvestment Plan is consistent with the Vail Comprehensive Plan. The proposed urban renewal area included in the Crossroads Reinvestment Plan generally includes the Crossroads redevelopment approved by Town of Vail Ordinance No. 5, 2006, and is entirely within Special Development District No. 39, located at 141 and 143 Meadow DrivelLot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Vail Reinvestment Authority Planner: Russ Forrest A request for a final review of a yariance, from Section 12-6D-6 Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition above an existing 6 v garage within the front and side setbacks, located at 315 Mil1 Creek Circle/Lot 2, B1ock 1, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0080) Applicant: Howard and Judy Berkowitz, represented by Mauriello P{anning Group, LLC Planner: • Bill Gibson • MEMORANDUM • TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 11, 2006 SUBJECT: A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H- 2, Permitted and Conditional Uses; Basement or Garden Level, and 12- 7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 45 fractional fee club units and one additional residential dwelling unit, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. (Ritz-Carlton Residences) (PEC06-0081 and PEC06- 0082). Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc. Planner: Warren Gampbell • I. SUMMARY The applicant, Vail Resorts Development Company, represented by Braun Associates, Inc., is requesting a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H- 2, Permitted and Conditional Uses; Basement or Garden Level, and 12-71-1-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 45 fractional fee club units and one additional residential dwelling unit, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision. Upon review of these requests, staff is recommending that the Planning and Environmental Commission approves, with conditions the major exterior alteration and conditional use permit applications. II. DESCRIPTION OF THE REQUEST The Ritz-Carlton Residences amended proposal is comprised of two (2) different development review applications. Each application is intended to facilitate the redevelopment proposal. The development applications include: . • A maior exterior alteration application for the conversion of 41 whole ownership dwelling units into forty-five (45) fractional fee club units and creation of a new dwelling unit, bringing the approved 111 multiple-family dwelling unit structure to a total of 71 ~ dwelling units and 45 fractional fee club units for a total of 116 units; and 1 • A conditional use permit application for "7odge rooms or dwelling • units" located on the basement or garden level and the first floor or street level of the structure to allow for one (1) additional units bringing the total number of units granted a conditional use permit to 25. These proposed changes do not alter the bulk, mass, or articulation of the currently approved structure. The only exterior changes will be to several ~ windows and decks location on the eastern wing fagade. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). A reduced set of plans dated September 9, 2006, showing the changes in clouded areas, are attached for reference (Attachment B). , The key elements of the amended proposal include: • An additional five (5) dwelling units to the approved 111 multiple- family dwelling unit condominium structure; I • An additional 4,000 square feet of GRFA bringing the total GRFA of the structure to 235,241 square feet; • A change to the configuration of the two locations within the structure identified for future commercial/retail use. The proposed change results in an increase in commercial/retail area from the approved 2,653 square feet to the proposed 3,597 square feet; and • Minor changes to the roof plan which increase the average height • from 65.8 feet to 65.9 feet. III. BACKGROUND The subject development site includes several parcels of land currently used for the Marriott Hotel, the parking structure for the Marriott Hotel, the Gore Creek Residences, and the West Day Lot parking area. On December 13, 2004, the Planning and Environmental Commission approved a minor subdivision establishing the West Day Subdivision which is comprised of three parcels. The approval and recording of the West Day Subdivision was the culmination of the review of the Gore Creek residences during which it was agreed that the three lots comprising the West Day Subdivision would be tied together for zoning purposes. A note was placed upon the West Day Subdivision which states the following: "For the purposes of zoning, Lots 1, 2, and 3, created by this subdivision are to be treated as one development site. Development standards shall be based upon the improvements and land area of the combined area of Lots 1, 2, and 3. I As a part of the approval of the West Day Subdivision, a spreadsheet identifying the development potential for each of the three parcels was approved in conjunction with the minor subdivision. That spreadsheet, was entitled, "West ~ Day Lot/Marriott Hotel/Gore Creek Place Approved Development Plan/Development Allocations", and dated December 6, 2004. Staff has updated the "West Day Lot/Marriott Hotel/Gore Creek Place Approved 2 • Development Plan/Development Allocations" spreadsheet to reflect the development potentiai to be utilized by the proposed Ritz-Carlton Residences, dated December 11, 2006, which is attached for reference (Attachment C). West Day Lot/Ritz-Carlton Residences History (Lot 2 of the West Day Subdivision) The western portion of the site (the Morcus Subdivision), known as the "West Day Lot", was regraded and used for Vail Resorts employee parking. Prior to the rezoning of this parcel to Lionshead Mixed Use 1 in 1999, the property was zoned Parking District. On November 28, 2005, the Planning and Environmental Commission approved a major exterior alteration application and conditional use permit application to facilitate the development of a 107 dwelling unit multiple-family structure on Lot 2 of the West Day Subdivision. The approval included a 112 feet tall architectural landmark tower. This approval was granted after several public work session hearings on August 22, September 12, 26, October 10, 24, November 2, and 14, 2005. On May 8, 2006, the Planning and Environmental Commission approved an amendment to the approved major exterior alteration application and conditional use permit to increase the number of dwelling units from 107 to 111 and the number of dwelling units granted a conditional use from 22 • to 24. 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 Lionshead Mixed-Use I zone district Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible 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: 3 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 uphofd, uphold with modifications, or overturn the board's decision. B. Conditional Use Permit (CUP) Order of Review: Generally, applications will be reviewed first by the • Planning and Environmental Commission for acceptability of use and then by the Design Review Board for compliance of proposed buildings and ~ site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial of CUP. The Planning and Environmental . Commission shall review the request for compliance with the adopted conditional use permit criteria and make findings of fact with regard to the project's compliance. Design Review Board: Action: The Design Review Board has no review authority on a CUP, but must review any accompanying Design Review Board application. Staff.• ' The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. • Town Council: ~ 4 • 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 " This portion of the memorandum was removed as it was fully discussed and elaborated at the November 28, 2005, PEC public hearing and made a part of the record. This portion of the memorandum from November 28, 2005 is available upon request from the Community Development Department staff. VI. ZONING ANALYSIS Address/Legal Description: 720 and 728, West Lionshead Circle, and 825 West Forest Road/Lots 1, 2, 3, West Day Subdivision Parcel Size: 6.82 acre (297,165 sq. ft.) Zoning: Lionshead Mixed Use 1 Land Use Designation: Resort Accommodations and Services The West Day Lot Development is comprised of three parcels which include the existing Marriott Hotel and the 16 Gore Creek Place Residences, and the proposed Ritz-Carlton Residences. As was stated previously in the • memorandum, these three parcels are tied together and treated as one large development site by the recorded plat, for zoning purposes. Below is a zoning analysis which incorporates all three parcels and the developments which exist, are under construction, and are proposed on the three lots. This analysis will become a part of the Approved Development Plan for the three parcels included within the West Day Lot Development Site. Development Standard Allowed Existinq Proposed Land Uses: Lot 1 - Marriot Hotel Lot 2- West Day Lot and Marriott Hotel Parking Structure Lot 3- Gore Creek Residences Lot Area: 10,000 sq. ft. 297,165 sq. ft. 297,165 sq. ft. Setbacks All Sides: 10 ft. 10 ft. 10 ft. Building Height: 71 ft. avg. 70 ft. avg. 58.9 ft. avg. 82.5 ft. max 80.5 ft. max 82.5 ft. max I Density: 238 DUs (35/ac.) 51DU (7.5/ac.) 122 DU (24.5/ac.) Unlimited AUs 276 AU 45 FFU 276 AU GRFA: 742,912 sq. ft. 213,239 sq. ft. 448,390 sq. ft. • ~ 5 i I Site Coverage: 208,015 sq. ft. 148,076 sq. ft. 204,344 sq. ft. (70%) (49.8%) (68.8%) • Landscape Area: 59,433 sq. ft. (20%) 139,713 sq. ft. (41 108,551 sq. ft. (36.5%) Parking: 162 (1.4/DU) 439 spaces 500 spaces 'I 276 (0.7/AU ) The following analysis is performed solely on the site proposed to be the location of the Ritz-Carlton Residences. Address/Legal Description: 728 West Lionshead Circle/Lot 2 West Day Subdivision Parcel Size: 2.399 acre (104,500 sq. ft.) Zoning: Lionshead Mixed Use 1 Land Use Designation: Resort Accommodations and Services Development Standard Allowed Existinq Proposed Land Uses: Lot 2- West Day Lot and Marriott Hotel Parking Structure Lot Area: 10,000 sq. ft. 104,500 sq. ft. 104,500 sq. ft. Setbacks All Sides: 10 ft. NA 10 ft. Building Height: 71 ft. avg. NA 65.9 ft. avg. • 82.5 ft. max 82.5 ft. max Density: 83 DUs (35/ac.) NA 71 DU (48.4/ac.) Unlimited AUs 45 FFU GRFA: 261,250 sq. ft. NA 235,241 sq. ft. Site Coverage: 73,150 sq. ft. NA 78,870 sq. ft. (70%) (75.5%) Landscape Area: 20,900 sq. ft. (20%) NA 15,519 sq. ft. (14.8%) Softscape: 16,720 sq. ft. (80%) 11,339 sq. ft. (54.3%) Hardscape: 4,180 sq. ft. (20%) 15,703 sq. ft. (75.1%) Parking: 99.4 (1.4/DU) . NA 384 spaces* 31.5 (0.7/FFU) 12.0 (1/300sq. ft. retail) Loading 3 berths NA 3 berths * Of the parking 384 parking spaces proposed, 143 spaces will serve the Ritz-Carlton Residences and 208 will serve as replacement spaces for the Marriott Hotel. There are a total of 33 surplus spaces provided in the Ritz Carlton parking structure. • 6 . Vlt. SURROUNDING LAND USES AND ZONING Land Use Zonin North: Residential Lionshead Mixed Use 1 District South: Open Space Naturai Area Preservation District East: Residential Lionshead Mixed Use 1 District West: Public Utility General Use District VIII. MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12-71-1-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1(LMU-1) zone district. According to Section 12-71-1-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; Staff Response: The purposes of the Lionshead Mixed Use 1 zone district are stated in Section 12-71-1-1, Purpose, Vail Town Code. As sfated, the Lionshead Mixed Use 1 zone district is intended to provide sites within the area of Lionshead for a mixture of multiple-family dwellings, hotels, fractional fee ` clubs, restaurants, skier services and commercial/retail establishments. The development standards prescribed for the district were established to provide incentives for development in accordance with the goals and objectives of the Lionshead Redevelopment Master Plan. In reviewing the proposed amendment to the Ritz-Carlton Residences project for compliance with the expressed purposes of the Lionshead Mixed Use 1 zone district, staff finds that the major exterior alteration application complies with the intent of the zone district. The applicant is proposing to develop 71 dwelling units and 45 fractional fee club unit (five more additional from previous approval for a total of 116 units) condominium project and is leaving two areas, totaling 3,597 square feet, which is 944 square feet greater than the currently approved plan, available for commerciai/retail uses. As the Town and the applicant are currently involved in a master planning effort for West Lionshead and the potential for a new ski lift, the applicant has chosen to leave these two potential areas available for future commercial/retail usage. Please see sheet A101 of the attached reduced plans for exact locations. Each of these proposed uses comply with the stated purpose of the Lionshead Mixed Use 1 zone district. Employee Housinq Requirements • 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 special development district proposals. In reviewing the proposal for employee housing needs, staff relied on the Town of Vail Employee Housing 7 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 Special Development District 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. In previous memorandums staff has discussed how the Town of Vail reached its "employee generation" assessment numbers. Staff will make available this description upon request. Proposed Project Emplovee Generation Calculations - Middle of Ranqe a) Multi-Family (Dwelling Units) 71 new units proposed @(0.4/unit) = 28.4 employees I~ b) Fractional Fee Club Unit 45 new units proposed @(0.75/unit) = 33.8 employees ~ c) Retail and Service Commercial 3,597 sq. ft. @(5.0/1000 sq. ft.) = 18.0 employees loees ~ ' 80.2 empY x.15 12.0 employees According to the calculations above, the applicant must establish 12 new deed-restricted employee beds ("pillows"). This amendment increased the number of employee beds required from nine to 12. The applicants I are proposing to provide the required deed-restricted emp{oyee housing uni#s off-site through the future construction of an employee housing/office facility on the North Day Lot. The applicant has agreed that the units will be provided prior to requesting a Temporary Certificate of Occupancy for the project. The applicant will deed restrict the units under the appropriate deed restrictions depending upon which zone district the property is located in. 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 constructed a unit containing three bedrooms this could potentially count as six employee "beds". ~ ~ 8 • Staff believes that the proposed amended major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district as demonstrated by the discussion above. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; Staff Response: Chapter 5 of the Lionshead Redevelopment Master Flan outlines the possible land uses which should be constructed on the West Day Lot. According to Section 5.17, in part, the West Day Lot is identified as, the most appropriate for a higher-end fee simple or fractional fee development." Staff believes that the proposed amendment to the major exterior alteration for the Ritz-Carlton Residences to convert 41 of the approved dwelling units to 45 fractional fee club units is consistent with the applicable elements of the Lionshead Redevelopment Master Plan. In addition, staff believes that this change will significantly increase the likelihood of warm beds within the project. 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, • Staff Response: Staff has reviewed the proposed amended Ritz-Carlton Residences project in an attempt to identify any significant negative impacts that may be created on the character of the neighborhood as a result of the conversion of 41 dwelling units to 45 fractional fee club units and the addition of one dwelling unit on the garden level. Staff believes that the proposed amended major exterior alteration will not result in any significant negative effects on the character of the neighborhood as the only visible change will be the relocation of several windows and decks on the exterior fagade of eastern wing of the structure. 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff Response: Staff has reviewed the Vail Comprehensive Plan to determine which elements of the Plan appty to the review of the amended Ritz-Carlton Residences project. Upon review of the Plan, staff has determined that the following elements of the Plan apply: • Transportation Master Plan (adopted 1993) ~ • Comprehensive Open Lands Plan (adopted 1994) • Lionshead Redevelopment Master Plan (adopted 1998) • Art in Public Places Strategic Plan (adopted 2001) 9 Overall, staff believes that the applicant has proven by a preponderance of • the evidence that the proposed amended exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master 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. Should the Planning and Environmental Commission choose to approve the amended 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 Lionshead Mixed Use 9 zone district, that the proposal is consisfent with applicable elements of the Lionshead Redevelopmenf Master Plan and that the proposal does not otherwise have a significant negative etfect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. " IX. CONDITIONAL USE PERMIT REVIEW CRITERIA ~ As previously discussed in Section II of this memorandum, the applicant is requesting approval of an amended conditional use permit application, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, to construct dwelling units within the Garden Level and on the First Floor of the proposed structure, subject to the issuance of a conditional use permit in accordance with the provisions outlined in Chapter 16, Conditional Use Permits, Vail Town Code. Section 12-16-6, Criteria; Findings, Vail Town Code, outlines the review criteria for conditional uses permit requests proposed within the Lionshead Mixed Use 1 (LMU-1) zone district, According to Section 12-16-6, Vail Town Code, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. Staff Response: The proposed 45 fractional fee club units will be created by converting 41 of the currently approved whole ownership dwelling units located within the . eastern wing (adjacent to the Marriott) on floors one through six. The new dwelling unit is located on the garden level along the western wing. The fractional fee club units located on the first floor (6 units) and the new 10 • dwelling unit located in the garden level require the issuance of a conditional use permit, per Section 12-71-1-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code. The six fractional fee club units on the first floor that require a conditional use permit were previously granted a conditional use permit when they were dwelling units. Therefore there is a net increase in the number of units requesting a conditional use permit from 24 to 25 units due to the proposed conversion of six dwelling units to six fractional fee club units. The Lionshead Mixed Use 1 zone district allows for dwelling units on the garden level and first floor as a conditional use in order to allow for each individual site and circumstances to be reviewed for the appropriateness of the use. Typically, retail uses are preferred on the garden level and first floor of a structure in Lionshead. However, the grade of the Ritz-Carlton Residences site, surrounding land uses, and the lack of pedestrian activity make retail a land use which is not appropriate nor likely successful within the project. In addition, Section 5.17 of the Lionshead Redevelopment Master Plan identifies the site of the proposed Ritz-Carlton Residences as "appropriate for a higher-end fee simple" development. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. • Staff Response: The proposed amended conditional use permit as described in the criterion above will have little, if any, negative impact on the above-described criteria. The proposed dwelling units are allowed with the zone district and are not likely to significantly effect the distribution of population, negatively impact schools, utilities, parks, etc, or put a strain on existing public facilities. 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 streets and parking areas. Staff Response: The proposed development of the Ritz-Carlton Residences will more likely result in significant positive improvements to the above-described criteria rather than result in negative effects. For example, automotive and pedestrian safety will be improved due to the construction of streetscape improvements to the South Frontage Road and removal of snow from streets and parking areas will be improved due to the proposed snowmelt system on the access drive between the Marriott and the Ritz-Carlton Residences and the construction of the underground . parking structure. 11 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 Response: The proposed amendments to the conditional use permit include minor changes to the exterior fagade of the eastern wing of the structure as discussed earlier in this memorandum. The currently approved structure is I bei n9 constructed in conformance with the development standards and design guidelines established for the Lionshead Mixed Use 1 zone district. That said, a considerable amount of time has been spent to date to ensure that the development as a whole will have a positive overall effect upon the ~ character of the area. Also, as discussed in Section VIII of this memorandum, the overall development of the Ritz-Carlton Residences complies with the goals and objectives specifically stated in the Lionshead Redevelopment Master Plan. Should the Planning and Environmental Commission choose to approve the i application, staff recommends that the Commission make the following findings before granting a, conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the Zoning Regulations and the purposes of the Lionshead Mixed Use 1 zone district. ~ 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public heafth, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions of the Zoning Regulations. X. STAFF RECOMMENDATION Maior Exterior Alteration I The Community Development Department recommends that the Planning and Environmental Commission approves, with conditions, the request for a final review a major exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the development of 45 fractional fee club units and one additional dwelling unit (total of 116 units), located at 728 West Lionshead Circle/Lot 2, West Day Subdivision. Staff's ~ recommendation is based upon the review of the major exterior alteration review criteria outlined in Section Vlll of this memorandum and the evidence and testimony presented at the public hearing. Should the Planning and Environmental Commission choose to approve the • application as recommended, staff recommends that the Commission makes the following finding as part of the motion: 12 • "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 Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Masfer 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." Staff has included the complete list of conditions applied to the May 8, 2006, Planning and Environmental Commission approval of the Ritz-Carlton with changes made only where applicable to address the proposed amendment. Should the Planning and Environmental Commission choose to approve the amended major exterior alteration as submitted by the applicant, staff recommends that the following conditions be placed on the approval: For Desiqn Review 1) That the Developer submits a complete application to the Town of Vail Community Development Department for the final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit for any of the Ritz- ~ Carlton Residences improvements. Prior to Submittinq for Building Permits 2) That the Developer submits a Construction Staging Plan to the Town of Vail Community Development Department for the review and approval of the proposed staging plan by the Town of Vail Public Works Department, prior to the issuance of a building permit for the Ritz-Carlton Residences improvements. 3) That the Developer prepares a Ritz-Carlton Residences Site Art in Public Places Plan, for input and comment by the Town of Vail Art in Public Places Board, prior to the issuance of a building permit for the Ritz-Carlton Residences site improvements. Subject to the above input and comment by the Art in Public places Board, Vail Associates will determine the type and location of the art to be provided. Said Plan shall include the funding for a minimum of $100,000.00 in public art improvements to be developed in conjunction with the Ritz-Carlton Residences site. The implementation of the Plan will be reasonably incorporated by Vail Associates into the Ritz-Carlton Residences construction schedule in accordance with generally prevailing construction practices. 4) That the Developer submits a complete set of civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Development Department for review and • approval of the drawings, prior to making application for the issuance of a I building permit for the Ritz-Carlton Residences improvements. 13 Prior to Reauestinq a Temporarv Certificate of Occupancv • 5) That the Developer provides deed-restricted employee housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) 12 employees, and that said restrictions shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Ritz- Carlton Residences improvements. In addition, the deed-restrictions sha11 be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office, prior to the issuance of a temporary certificate of occupancy for the Ritz-Carlton Residences improvements The Developer may provide required employee housing on an interim basis, not to exceed four (4) years (November 28, 2008) except that ultimately the Developer will be required to furnish permanent facilities for the Ritz-Carlton Residences employee housing requirements. The portion of this amended Ritz-Carlton Residences approved on December I 11, 2006, shall be subject to Ordinance 26, Series 2006, and shafl be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications 6) That the Developer shall be assessed a transportation impact fee in the amount of $5,000 per increased vehicle trip in the peak hour generated (56 • trips), or $280,000, and a fee of $6,500 for the increased peak hour vehicle trips (4 trips) or $26,000, created by the amendment to convert 41 dwelling units to 45 Fractional fee club units and add one (1) additional dwelling unit, as a result of the Ritz-Carlton Residences improvements. The total fee of $306,000 shall be paid in full by the Developer prior to the issuance of a temporary certificate of occupancy or certificate of occupancy for the Ritz- Carlton Residences improvements. At the sole discretion of the Town of Vail Public Works Director, said fee may be waived in fu11, or part, based upon the completion of certain off-site improvements. If the improvements as shown on the plans entitled "The Ritz-Carlton Residences (based on CDOT requirements)", dated October 21, 2005, and as approved on November 28, 2005, by the PEC are constructed and completed by the Developer, said fee shall be waived in full by the Town. Conditional Use Permit The Community Development Department recommends that the Planning and Environmental Commission approves the request for a final review of a conditional use permit, pursuant to Section 12-71-1-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-71-1-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 1 additional multi-family residential dwelling units (total of 25 dwelling units) on the garden level or first floor of the proposed structure, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision. Staff's recommendation is based • upon the review of the conditional use permit review criteria outlined in Section IX of this memorandum and the evidence and testimony presented at the public hearing. 14 ~ Should the Planning and Environmentai Commission choose to approve the applications as recommended by staff, the Commission must make the following findings before granting the conditional use permits: 1. That the proposed location of the use is in accordance with the purposes of the Zoning Regulations and the purposes of the Lionshead Mixed Use 1 zone district. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions of the Zoning Regulations. XII. ATTACHMENTS Attachment A: Vicinity Map Attachment B: Reduced copy of the proposed plans dated September 9, 2006 Attachment C: "West Day Lot/Marriott Hotel/Gore Creek Place Approved Development Plan/Development Allocations" spreadsheet dated December 11, 2006. Attachment D: Public Notice • • 15 ~ . K > , t' ~ . j , V p ~ 4 ` M ssq, i~4. ~ A ~ ~ ~ ~ J• k ~ ~ : ~ i~~+~~ • Et~' ~ . ~ i ~ ~ = • a~*a~ ,:k a~ , ~ ~~q, k A', i j 04 • ~ • • . S,~es,s~~?y Y yz kt. . ,~€..t..ar^ >e ~..~5 ~ ~.r:~'~,~ .~r .~11e ~ ~ ~y ~ 3 Y ?Y C "Y , • ' yia F. re «~,M ~ . ~ 1 '~4~ ~ • ~ ~v~^~~ ~'a~~~~.~' ~.r" ~ ~ ~ 6 K ~ y~ ~ ~ _ ~ • ~ ~ M' 'c,i 4s..'~ _~a+., y . ; ...q~.. y, ~ • ~ '~a ~ • ~"~'r~r~{ ~ , t¢ ~X ° {41 ~r~ R'-0~''~ ~ ~~3Y si.~. ~ ~ ~i~ ~'t ~ 4,.~ ~ t \ g - x. ,~y,,'U.,"~'~"r, & ~ . ~ ~ s ~ ",~'^~x •:~a ~ ~ m, at ~ G • ~ ~ ~,~,+s~ ` ~a, t~' * ~ ~ ~ r 3 C Y •3 S . • ~ u • ~ ;s~`t ~ a 3~a ~ti +'y ~ ~ ~ " ? ~ ~ ~ ~ ~ ~ % ~~ti . ~.~~ypr '~x ~ a r.; 5 ,c ~ `erv '.t A¢ _ a; y~~+Jw~~ 4 ! 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O y ~ ran F' o m~ a 0 o ct0i W~ y R y ~ p ~ o u rn M~~ d cyi ~ o 0 o t o ~n N C f0 O ~ C'0 W>¢Eav~v:x ~ c°7i¢N~n'o~ci¢oEa~y~Y c°'i¢o~n~OdDC~ ° ul o w m o°~ m W o o Q~ a 'S = m m R m R o ~ a~ ~ r= m m ¢ ua ~c~c9zcnmcn~a aaJCJZ(nfS~fnJa azcnmcn.ja aJ(ODZ[nmJd Attachment: C • ~ , THIS ITEM MA UBL 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 December 11, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed amendments to Chapters 14-2, Definitions, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create wildfire regulations and require Class A roof covering materials for all structures within the Town of Vail, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede A request for a final review of an Exemption Plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures,, Vail Town Code, to allow for the modification of existing building envelopes to eliminate encroachments into common area parcels, the , combination of several common parcels into a single common parcel, and the exchange of equal sized parcels between Ridge at Vail and Cliffside Lot 1, located at 1460A-F Ridge Lane and 1452 Cliffside Drive/Lots A-L, Ridge at Vail Subdivision, and Lot 1, ~ Cliffside Subdivision and setting forth details in regard thereto. (PEC06-0079) Applicant: Ridge at Vail Homeowners Association and Mike Young Planner: Warren Campbell A request for a recommendation to the Vail Town Council that the Crossroads Reinvestment Plan is consistent with the Vail Comprehensive Plan. The proposed urban renewal area included in the Crossroads Reinvestment Plan generally includes the Crossroads redevelopment approved by Town of Vail Ordinance No. 5, 2006, and is entirely within Special Development District No. 39, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Vail Reinvestment Authority ' Planner: Russ Forrest A request for a final review of a yariance, from Section 12-6D-6 Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition above an existing garage within the front and side setbacks, located at 315 Mill Creek Circle/Lot 2, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0080) Applicant: Howard and Judy Berkowitz, represented by Mauriello Planning Group, LLC Planner: Bill Gibson • Attachment: D . ~ A request for a final review of a major exterior alteratian, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 45 fractional fee club units and one additionar residential dwelling unit, located at 728 West Lionshead Circle/Lot 2, West V~ Day Subdivision, and setting forth details in regard thereto. (Ritz-Carlton Residences) (PEC06-0081 and PEC06-0082). Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc. Planner: Warren Campbell A request for a final review of a conditional use permit, pursuant to Section 12-7J-3, Conditionaf Uses, Vaii Town Code, to allow for the construction of three (3) Type !II Emp(oyee Housing Units, in association with The Timberiine Roost Lodge Redevelopment, located at 1783 North Frontage Road/Lofs 9-12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC06-0083) Applicant: Timberline Roost Lodge Planner: George Ruther A request for a worksession to discuss text amendments to Title 12, Zoning Regulations, Vail Town Code, to add commercial linkage requirements and inclusionary zoning requirements to the Zoning Regulations for the purpose of mitigating employee housing impacts resulting from development in the Town of Vail, and sett+ng forth details in . regard thereto. (PEC06-0084) Applicant: Town of Vaii Planner: George Ruther 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 November 24, 2006, in the Vai1 Daify. ~ • MEMORANDUM • TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 11, 2006 SUBJECT: A request for a finai review of a major exterior alteration, pursuant to Section 12-71-1-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H- 2, Permitted and Conditional Uses; Basement or Garden Level, and 12- 7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 45 fractional fee club units and one additional residential dwelling unit, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. (Ritz-Carlton Residences) (PEC06-0081 and PEC06- 0082 Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc. Planner: Warren Gampbell ~ I. SUMMARY The applicant, Vail Resorts Development Company, represented by Braun Associates, Inc., is requesting a final review of a major exterior alteration, pursuant to Section 12-71-1-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H- 2, Permitted and Conditional Uses; Basement or Garden Level, and 12-71-1-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 45 fractional fee club units and one additional residential dwelling unit, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision. Upon review of these requests, staff is recommending that the Planning and Environmental Commission approves, with conditions the major exterior alteration and conditional use permit applications. . II. DESCRIPTION OF THE REQUEST The Ritz-Carlton Residences amended proposal is comprised of two (2) different development review applications. Each application is intended to facilitate the redevelopment proposal. The development applications include: . • A maior exterior alteration application for the conversion of 41 whole ownership dwelling units into forty-five (45) fractional fee club units and creation of a new dwelling unit, bringing the approved 111 multiple-family dwelling unit structure to a total of 71 • dwelling units and 45 fractional fee club units for a total of 116 units; and 1 • A conditional use permit application for "lodge rooms or dwelling • units" located on the basement or garden level and the first floor or street level of the structure to allow for one (1) additional units bringing the total number of units granted a conditional use permit to 25. These proposed changes do not alter the bulk, mass, or articulation of the currently approved structure. The only exterior changes will be to several windows and decks location on the eastern wing fagade. A vicinity map identifying the location of the development site has been attached for reference (Attachment A). A reduced set of plans dated September 9, 2006, showing the changes in clouded areas, are attached for reference (Attachment B). , The key elements of the amended proposal include: • An additional five (5) dwelling units to the approved 111 multiple- family dwelling unit condominium structure; • An additional 4,000 square feet of GRFA bringing the total GRFA of the structure to 235,241 square feet; • A change to the configuration of the two locations within the structure identified for future commercial/retail use. The proposed change results in an increase in commercial/retail area from the approved 2,653 square feet to the proposed 3,597 square feet; and • Minor changes to the roof plan which increase the average height ~ from 65.8 feet to 65.9 feet. III. BACKGROUND The subject development site includes several parcels of land currently used for the Marriott Hotel, the parking structure for the Marriott Hotel, the Gore Creek Residences, and the West Day Lot parking area. On December 13, 2004, the Planning and Environmental Commission approved a minor subdivision establishing the West Day Subdivision which is comprised of three parcels. The approval and recording of the West Day Subdivision was the culmination of the review of the Gore Creek residences during which it was agreed that the three lots comprising the West Day Subdivision would be tied together for zoning purposes. A note was placed upon the West Day Subdivision which states the following: "For the purposes of zoning, Lots 1, 2, and 3, created by this subdivision are to be treated as one development site. Development standards shall be based upon the improvements and land area of the combined area of Lots 9, 2, and 3. " • As a part of the approval of the West Day Subdivision, a spreadsheet identifying the development potential for each of the three parcels was approved in conjunction with the minor subdivision. That spreadsheet, was entitled, "West • Day Lot/Marriott Hotel/Gore Creek Place Approved Development Plan/Development Allocations", and dated December 6, 2004. Staff has updated the "West Day Lot/Marriott Hotel/Gore Creek Place Approved 2 Development Plan/Development Allocations" spreadsheet to reflect the • development potential to be utilized by the proposed Ritz-Carlton Residences, dated December 11, 2006, which is attached for reference (Attachment C). West Day Lot/Ritz-Carlton Residences History (Lot 2 of the West Day Subdivision) The western portion of the site (the Morcus Subdivision), known as the "West Day Lot", was regraded and used for Vail Resorts employee parking. Prior to the rezoning of this parcel to Lionshead Mixed Use 1 in 1999, the property was zoned Parking District. On November 28, 2005, the Planning and Environmental Commission approved a major exterior alteration application and conditional use permit application to facilitate the development of a 107 dwelling unit multiple-family structure on Lot 2 of the West Day Subdivision. The approval included a 112 feet tall architectural landmark tower. This approval was granted after several public work session hearings on August 22, September 12, 26, October 10, 24, November 2, and 14, 2005. On May 8, 2006, the Planning and Environmental Commission approved an amendment to the approved major exterior alteration application and conditional use permit to increase the number of dwelling units from 107 to 111 and the number of dwelling units granted a conditional use from 22 • to 24. 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 Lionshead Mixed-Use I zone district Order of Review: Generally, appfications 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: I 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: 3 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. B. Conditional Use Permit (CUP) Order of Review: Generally, applications will be reviewed first by the • Planning and Environmental Commission for acceptability of use and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial of CUP. The Planning and Environmental Commission shall review the request for compliance with the adopted conditional use permit criteria and make findings of fact with regard to the project's compliance. Design Review Board: Action: The Design Review Board has no review authority on a CUP, but must review any accompanying Design Review Board application. Staff.. The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review Process. ~ Town Council: 4 • Actions of Design Review Board or Pianning 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 This portion of the memorandum was removed as it was fully discussed and elaborated at the November 28, 2005, PEC public hearing and made a part of the record. This portion of the memorandum from November 28, 2005 is available upon request from the Community Development Department staff. VI. ZONING ANALYSIS Address/Legal Description: 720 and 728, West Lionshead Circle, and 825 West Forest Road/Lots 1, 2, 3, West Day Subdivision Parcel Size: 6.82 acre (297,165 sq. ft.) Zoning: Lionshead Mixed Use 1 Land Use Designation: Resort Accommodations and Services The West Day Lot Development is comprised of three parcels which include the existing Marriott Hotel and the 16 Gore Creek Place Residences, and the proposed Ritz-Carlton Residences. As was stated previously in the • memorandum, these three parcels are tied together and treated as one large development site by the recorded plat, for zoning purposes. Below is a zoning analysis which incorporates all three parcels and the developments which exist, are under construction, and are proposed on the three lots. This analysis will become a part of the Approved Development Plan for the three parcels included within the West Day Lot Development Site. Development Standard Allowed Existin Proposed Land Uses: Lot 1 - Marriot Hotel Lot 2- West Day Lot and Marriott Hotel Parking Structure Lot 3- Gore Creek Residences Lot Area: 10,000 sq. ft. 297,165 sq. ft. 297,165 sq. ft. Setbacks All Sides: 10 ft. 10 ft. 10 ft. Building Height: 71 ft. avg. 70 ft. avg. 58.9 ft. avg. 82.5 ft. max 80.5 ft. max 82.5 ft. max Density: 238 DUs (35/ac.) 51DU (7.5/ac.) 122 DU (24.5/ac.) Unlimited AUs 276 AU 45 FFU 276 AU GRFA: 742,912 sq. ft. 213,239 sq. ft. 448,390 sq. ft. • 5 Site Coverage: 208,015 sq. ft. 148,076 sq. ft. 204,344 sq. ft. (70%) (49.8%) (68.8%) • Landscape Area: 59,433 sq. ft. (20%) 139,713 sq. ft. (41 108,551 sq. ft. (36.5%) i Parking: 162 (1.4/DU) 439 spaces 500 spaces 276 (0.7/AU) The following analysis is performed solely on the site proposed to be the location of the Ritz-Carlton Residences. Address/Legal Description: 728 West Lionshead Circle/Lot 2 West Day Subdivision . Parcel Size: 2.399 acre (104,500 sq. ft.) Zoning: Lionshead Mixed Use 1 Land Use Designation: Resort Accommodations and Services Development Standard Allowed Existinq Proposed Land Uses: Lot 2- West Day Lot and Marriott Hotel Parking Structure Lot Area: 10,000 sq. ft. 104,500 sq. ft. 104,500 sq. ft. Setbacks All Sides: 10 ft. NA 10 ft. Building Height: 71 ft. avg. NA 65.9 ft. avg. • 82.5 ft. max 82.5 ft. max Density: 83 DUs (35/ac.) NA 71 DU (48.4/ac.) Unlimited AUs 45 FFU GRFA: 261,250 sq. ft. NA 235,241 sq. ft. Site Coverage: 73,150 sq. ft. NA 78,870 sq. ft. (70%) (75.5%) Landscape Area: 20,900 sq. ft. (20%) NA 15,519 sq. ft. (14.8%) Softscape: 16,720 sq. ft. (80%) 11,339 sq. ft. (54.3%) Hardscape: 4,180 sq. ft. (20%) 15,703 sq. ft. (75.1%) Parking: 99.4 (1.4/DU) . NA 384 spaces* 31.5 (0.7/FFU) 12.0 (1/300sq. ft. retail) Loading 3 berths NA 3 berths * Of the parking 384 parking spaces proposed, 143 spaces will serve the Ritz-Carlton Residences and 208 will serve as replacement spaces for the Marriott Hotel. There are a total of 33 surplus spaces provided in the Ritz Carlton parking structure. • 6 • VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Residential Lionshead Mixed Use 1 District South: Open Space Natural Area Preservation District East: Residential Lionshead Mixed Use 1 District West: Public Utility General Use District VIII. MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12-7H-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exferior alteration applications proposed within the Lionshead Mixed Use 1(LMU-1) zone district. According to Section 12-7H-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; Staff Response: The purposes of the Lionshead Mixed Use 1 zone district are stated in Section 12-7H-1, Purpose, Vaii Town Code. As stated, the Lionshead Mixed Use 1 zone district is intended to provide sites within the area of • Lionshead for a mixture of multiple-family dwellings, hotels, fractional fee clubs, restaurants, skier services and commercial/retail establishments. The development standards prescribed for the district were established to provide incentives for development in accordance with the goals and objectives of the Lionshead Redevelopment Master Plan. In reviewing the proposed amendment to the Ritz-Carlton Residences project for compliance with the expressed purposes of the Lionshead Mixed Use 1 zone district, staff finds that the major exterior alteration application complies with the intent of the zone district. The applicant is proposing to develop 71 dwelling units and 45 fractional fee club unit (five more additional from previous approval for a total of 116 units) condominium project and is leaving two areas, totaling 3,597 square feet, which is 944 square feet greater than the currently approved plan, available for commercial/retail uses._ As the Town and the applicant are currently involved in a master planning effort for West Lionshead and the potential for a new ski lift, the applicant has chosen to leave these two potential areas available for future commercial/retail usage. Please see sheet A101 of the attached reduced plans for exact locations. Each of these proposed uses comply with the stated purpose of the Lionshead Mixed Use 1 zone district. Emplovee Housinq Requirements . 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 special development district proposals. In reviewing the proposal for employee housing needs, staff relied on the Town of Vail Employee Housing 7 ~ I I Report. This report has been used by the staff in the past to evaluate • i 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 Special Development District No. 6- i Vai{ Viflage Inn devefopment 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. In previous memorandums staff has discussed how the Town of Vail reached its "employee generation" assessment numbers. Staff will make available this description upon request. Proposed Project Empfovee Generation Calculations - Middle of Ranqe a) Mu1ti-Family (Dwelling Units) 71 new units proposed @(0.4/unit) = 28.4 employees b) Fractional Fee Club Unit • 45 new units proposed @(0.75/unit) = 33.8 employees c) Retail and Service Commercial 3,597 sq. ft. @(5.0/1000 sq. ft.) = 18.0 employees • 80.2 employees x.15 12.0 employees According to the calculations above, the applicant must establish 12 new deed-restricted employee beds ("pillows"). This amendment increased the number of employee beds required from nine to 12. The applicants are proposing to provide the required deed-restricted employee housing units off-site through the future construction of an employee housing/office facility on the North Day Lot. The applicant has agreed , that the units will be provided prior to requesting a Temporary Certificate of Occupancy for the project. The applicant will deed restrict the units under the appropriate deed restrictions depending upon which zone district the property is located in. 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 constructed a unit containing three bedrooms this could potentially count as six employee "beds". • 8 • Staff believes that the proposed amended major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district as demonstrated by the discussion abflve. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; Staff Response: Chapter 5 of the Lionshead Redevelopment Master Plan outlines the possible land uses which should be constructed on the West Day Lot. According to Section 5.17, in part, the West Day Lot is identified as, the most appropriate for a higher-end fee simple or fractional fee development. " Staff believes that the proposed amendment to the major exterior alteration for the Ritz-Carlton Residences to convert 41 of the approved dwelling units to 45 fractional fee club units is consistent with the applicable elements of the Lionshead Redevelopment Master Plan. In addition, staff believes that this change will significantly increase the likelihood of warm beds within the project. 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, • Staff Response: Staff has reviewed the proposed amended Ritz-Carlton Residences project in an attempt to identify any significant negative impacts that may . be created on the character of the neighborhood as a result of the conversion of 41 dwelling units to 45 fractional fee club units and the addition of one dwelling unit on the garden level. Staff believes that the proposed amended major exterior alteration will not result in any significant negative effects on the character of the neighborhood as the only visible change will be the relocation of several windows and decks on the exterior fagade of eastern wing of the structure. 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff Response: Staff has reviewed the Vail Comprehensive Plan to determine which elements of the Plan apply to the review of the amended Ritz-Carlton Residences project. Upon review of the Plan, staff has determined that the following elements of the Plan apply: • Transportation Master Plan (adopted 1993) • • Comprehensive Open Lands Plan (adopted 1994) • Lionshead Redevelopment Master Plan (adopted 1998) • Art in Public Places Strategic Plan (adopted 2001) 9 Overall, staff believes that the applicant has proven by a preponderance of • the evidence that the proposed amended exterior alteration or new development is in compliance with the purposes of the Lionshead Mixed Use 1 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master 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. Should the Planning and Environmental Commission choose to approve the amended 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 Lionshead Mixed Use 9 zone district, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative etfect on the character of the neighborhood, and fhat the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." IX. CONDITIONAL USE PERMIT REVIEW CRITERIA • As previously discussed in Section II of this memorandum, the applicant is requesting approval of an amended conditional use permit application, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, to construct dwelling units within the Garden Level and on the First Floor of the proposed structure, subject to the issuance of a conditional use permit in , accordance with the provisions outlined in Chapter 16, Conditional Use Permits, Vail Town Code. Section 12-16-6, Criteria; Findings, Vaif Town Code, outlines the review criteria • for conditional uses permit requests proposed within the Lionshead Mixed Use 1 , (LMU-1) zone district. According to Section 12-16-6, Vail Town Code, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. Staff Response: The proposed 45 fractional fee club units will be created by converting 41 of the currently approved whole ownership dwelling units located within the • eastern wing (adjacent to the Marriott) on floors one through six. The new dwelling unit is located on the garden level along the western wing. The fractional fee club units located on the first floor (6 units) and the new 10 • dwelling unit located in the garden level require the issuance of a conditional use permit, per Section 12-71-1-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-71-1-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code. The six fractional fee club units on the first floor that require a conditional use permit were previously granted a conditional use permit when they were dwelling units. Therefore there is a net increase in the number of units requesting a conditional use permit from 24 to 25 units due to the proposed conversion of six dwelling units to six fractional fee club units. The Lionshead Mixed Use 1 zone district allows for dwelling units on the garden level and first floor as a conditional use in order to allow for each individual site and circumstances to be reviewed for the appropriateness of the use. Typically, retail uses are preferred on the garden level and first floor of a structure in Lionshead. However, the grade of the Ritz-Carlton Residences site, surrounding land uses, and the lack of pedestrian activity make retail a land use which is not appropriate nor likely successful within the project. In addition, Section 5.17 of the Lionshead Redevelopment Master Plan identifies the site of the proposed Ritz-Carlton Residences as "appropriate for a higher-end fee simple"development. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. ~ Staff Response: The proposed amended conditional use permit as described in the criterion above will have little, if any, negative impact on the above-described criteria. The proposed dwelling units are allowed with the zone district and are not likely to significantly effect the distribution of population, negatively impact schools, utilities, parks, etc, or put a strain on existing public facilities. 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 streets and parking areas. Staff Response: I The proposed development of the Ritz-Carlton Residences will more likely result in significant positive improvements to the above-described criteria rather than result in negative effects. For example, automotive and pedestrian safety will be improved due to the construction of streetscape improvements to the South Frontage Road and removal of snow from streets and parking areas will be improved due to the proposed snowmelt system on the access drive between the Marriott and the Ritz-Carlton Residences and the construction of the underground • parking structure. 11 ~ 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 Response: The proposed amendments to the conditional use permit include minor changes to the exterior fagade of the eastern wing of the structure as discussed earlier in this memorandum. The currentlyapproved structure is being constructed in conformance with the development standards and design guidelines established for the Lionshead Mixed Use 1 zone district. That said, a considerable amount of time has been spent to date to ensure that the development as a whole will have a positive overall effect upon the character of the area. Also, as discussed in Section VIII of this memorandum, the overall development of the Ritz-Carlton Residences complies with the goals and objectives specifically stated in the Lionshead Redevelopment Master Plan. Should the Planning and Environmental Commission choose to approve the application, staff recommends that the Commission make the following findings before granting a. conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the Zoning Regulations and the purposes of the Lionshead Mixed Use 1 zone district. ~ 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or , improvements in the vicinity. , 3. That the proposed use complies with each of the applicable provisions of the Zoning Regulations. X. STAFF RECOMMENDATION Maior Exterior Alteration , The CommunitY DeveloPment DePartment recommends that the Plannin9 and Environmental Commission approves, with conditions, the request for a final review a major exterior alteration, pursuant to Section 12-71-1-7, Exterior Alterations or Modifications, Vai1 Town Code, to aflow for the development of 45 fractional fee club units and one additional dwelling unit (total of 116 units), located at 728 West Lionshead Circle/Lot 2, West Day Subdivision. Staff's recommendation is based upon the review of the major exterior alteration review criteria outlined in Section VIII of this memorandum and the evidence and testimony presented at the public hearing. Should the Planning and Environmental Commission choose to approve the ~ application as recommended, staff recommends that the Commission makes the following finding as part of the motion: 12 • "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 Lionshead Mixed Use 1 zone district, that the proposal rs consistent with applicable elements of the Lionshead Redevelopment 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. " Staff has included the complete list of conditions applied to the May 8, 2006, Planning and Environmental Commission approval of the Ritz-Carlton with changes made only where applicable to address the proposed amendment. Should the Planning and Environmental Commission choose to approve the amended major exterior alteration as submitted by the applicant, staff recommends that the following conditions be placed on the approval: For Desiqn Review 1) That the Developer submits a complete application to the Town of Vail Community Development Department for the final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit for any of the Ritz- • Carlton Residences improvements. Prior to Submittinq for Buildinq Permits 2) That the Developer submits a Construction Staging Plan to the Town of Vail Community Development Department for the review and approval of the proposed staging plan by the Town of Vail Public Works Department, prior to the issuance of a building permit for the Ritz-Carlton Residences improvements. 3) That the Developer prepares a Ritz-Carlton Residences Site Art in Public Places Plan, for input and comment by the Town of Vail Art in Public Places ` Board, prior to the issuance of a building permit for the Ritz-Carlton Residences site improvements. Subject to the above input and comment by the Art in Public places Board, Vail Associates will determine the type and location of the art to be provided. Said Plan shall include the funding for a minimum of $100,000.00 in public art improvements to be developed in conjunction with the Ritz-Carlton Residences site. The implementation of the Plan will be reasonably incorporated by Vail Associates into the Ritz-Carlton Residences construction schedule in accordance with generally prevailing construction practices. 4) That the Developer submits a complete set of civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Devefopment Department for review and • approval of the drawings, prior to making application for the issuance of a building permit for the Ritz-Carlton Residences improvements. 13 Prior to Reauestina a Temporarv Certificate of Occupancv • 5) That the Developer provides deed-restricted employee housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) 12 employees, and that said restrictions shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Ritz- Carlton Residences improvements. In addition, the deed-restrictions shall be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office, prior to the issuance of a temporary certificate of occupancy for the Ritz-Carlton Residences improvements The Developer may provide required employee housing on an interim basis, not to exceed four (4) years (November 28, 2008) except that ultimately the Developer will be required to furnish permanent facilities for the Ritz-Carlton Residences employee housing requirements. The portion of this amended Ritz-Carlton Residences approved on December 11, 2006, shall be subject to Ordinance 26, Series 2006, and shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications 6) That the Developer shall be assessed a transportation impact fee in the amount of $5,000 per increased vehicle trip in the peak hour generated (56 ~ trips), or $280,000, and a fee of $6,500 for the increased peak hour vehicle trips (4 trips) or $26,000, created by the amendment to convert 41 dwelling units to 45 Fractional fee club units and add one (1) additional dwelling unit, as a result of the Ritz-Carlton Residences improvements. The total fee of $306,000 shall be paid in full by the Developer prior to the issuance of a temporary certificate of occupancy or certificate of occupancy for the Ritz- Carlton Residences improvements. At the sole discretion of the Town of Vail Public Works Director, said fee may be waived in fu11, or part, based upon the completion of certain off-site improvements. If the improvements as shown on the plans entitled "The Ritz-Carlton Residences (based on CDOT requirements)", dated October 21, 2005, and as approved on November 28, 2005, by the PEC are constructed and completed by the Developer, said fee shall be waived in full by the Town. Conditional Use Permit The Community Development Department recommends that the Planning and Environmental Commission approves the request for a final review of a conditional use permit, pursuant to Section 12-71-1-2, Permitted and Conditional Uses; Basement or Garden Level, and 12-7H-3, Permitted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 1 additional multi-family residential dwelling units (total of 25 dwelling units) on the garden level or first floor of the proposed structure, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision. Staff's recommendation is based • upon the review of the conditional use permit review criteria outlined in Section IX of this memorandum and the evidence and testimony presented at the public hearing. 14 S Should the Planning and Environmental Commission choose to approve the applications as recommended by staff, the Commission must make the following findings before granting the conditional use permits: 1. That the proposed location of the use is in accordance with the purposes of the Zoning Regulations and the purposes of the Lionshead Mixed Use 1 zone district. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions of the Zoning Regulations. XII. ATTACHMENTS Attachment A: Vicinity Map Attachment B: Reduced copy of the proposed plans dated September 9, 2006 Attachment C: "West Day Lot/Marriott Hotel/Gore Creek Place Approved Development Plan/Development Allocations" spreadsheet dated December 11, 2006. Attachment D: Public Notice ~ I • 15 It,= _ dr.r n~~, i ~ '~~x~ ~ ~ ' ~ 0 3. are . ~ ! '~,;k 9 ~.~--R.,S/:: 4 ~-;~t ~ Aa ~ ~ ~ ~ ~L° . ~ c"-`^~.~ ix~,~` ' i . 4~ 4yk 4 y'~ F^i S~ ~ 1 {I~`,~~~f : 6 . t 1 ¦ ? "°N P t 9 S ta 5 . ~ Y Ju, s. • ll~ r~c~~ ~ °3 'F ~ fi~{°rv> .^s~ So, • ~'~g'~a . p ~ ~2aa ~y , ~ ~11~f ~ 'k ~ • ~ &yy";s.~~eYO.,~ri ~ d:~ S} ~J. ' ' ' ,P~ t • • ' ~ ~ ~ ~ t : F ~r~ ~ ~ ~ ~y z;; 5. `~~a~' ' ~ - ~ ~ .:~r ` f ~ i ~ . ~ a,~~ k . ~r ~ ~ ~ ~ ~ " • { rf~ 1.. • ,~G"" ~ ~ M1y ~ . k ~K ~1~~ ' . ~`~.5,, ~ • ~~h~SS [[~rr~ . .t~"~,'~ Z'~`~; 0 41 . a~~~'~ ~4.. q. ~ R-. }~s`~~ ~ 4'1 t. 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Attachment: C • • , 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 December 11, 2006, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed amendments to Chapters 14-2, Definitions, and 14-10, Design Review Standards and Guidelines, Vail Town Code, to create wildfire regulations and require Class A roof covering materials for all structures within the Town of Vail, and setting forth details in regard thereto. (PEC06-0029) Applicant: Town of Vail Planner: Rachel Friede A request for a final review of an Exemption Plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures,, Vail Town Code, to allow for the modification of existing building envelopes to eliminate encroachments into common area parcels, the . combination of several common parcels into a single common parcel, and the exchange of equal sized parcels between Ridge at Vail and Cliffside Lot 1, located at 1460A-F • Ridge Lane and 1452 Cliffside Drive/Lots A-L, Ridge at Vail Subdivision, and Lot 1, Cliffside Subdivision and setting forth details in regard thereto. (PEC06-0079) Applicant: Ridge at Vail Homeowners Association and Mike Young Planner: Warren Campbell A request for a recommendation to the Vail Town Council that the Crossroads Reinvestment Plan is consistent with the Vail Comprehensive Plan.. The proposed urban renewal area included in the Crossroads Reinvestment Plan generally includes the Crossroads redevelopment approved by Town of Vail Ordinance No. 5, 2006, and is entirely within Speciat Development District No. 39, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Vail Reinvestment Authority Planner: Russ Forrest 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 an addition above an existing garage within the front and side setbacks, located at 315 Mill Creek Circle/Lot 2, Block 1, Vail Village Filing 1, and setting forth details in regard thereto. (PEC06-0080) Applicant: Howard and Judy Berkowitz, represented by Mauriello Planning Group, LLC Planner: Bill Gibson • Attachment: D • A request for a final review of a major exterior alfieration, pursuant to Section 12-71-1-7, Exterior Alterations or Modifications, Vail Town Code, and a final review of a conditiona( use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Levef, and 12-71-1-3, Permitted and Conditional Uses; First Ffoor on Street Level, Vail Town Code, to ai(ow for the development of 45 fractional fee ciub units and one additional residentiai dweiling unit, located at 728 West Lionshead Circle/Lot 2, West V~ Day Subdivision, and setting forth details in regard thereto. (Ritz-Carlton Residences) (PEC06-0081 and PEC06-0082). Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc. . Planner: Warren Campbeli A request for a fina( review af a conditional use permit, pursuant to Section 12-7J-3, I Conditional Uses, Vail Town Code, to allow for the construction of three (3) Type III Employee Housing Units, in association with The Timberline Roost Lodge Redevelopment, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC06-0083) Applicant: Timberline Roost Lodge Planner: George Ruther A request for a worksession to discuss text amendments to Title 12, Zoning Regulations, Vail Town Code, to add commercial linkage requirements and inclusionary zoning requirements to the Zoning Regulations for the purpose of mitigating emp(oyee housing impacts resulting from development in the Town of Vail, and setting forth details in . regard thereto. (PEC06-0084) Applicant: Town of Vail P(anner: George Ruther The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Developmenfi 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 tanguage interpretation is available upon request, with 24-hour natification. Please call 970-479-2356, Telephone for the Hearing Impaired, for informatian. 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' P ~ j a , ~ ~i: • , ';~i~~..~ ~ ~ ~ • 1 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 11, 2006 SUBJECT: A request for a final review of a conditional use permit, pursuant to Section 12-7J- 3, Conditional Uses, Vail Town Code, to allow for the construction of three (3), Type III Employee Housing Units, in association with The Timberline Roost Lodge Redevelopment, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC06-0083) Applicant: Timberline Roost Lodge Planner: George Ruther 1. SUMMARY The applicant, The Timberline Roost Lodge, is requesting a conditional use permit pursuant to Section 12-7J-3, Conditional Uses, Vail Town Code, as a part of the proposed redevelopment of The Roost Lodge, located at 1783 North Frontage Road. If approved, the construction of the Type III Employee Housing Unit (EHU) would provide • three (3) new 474 square foot housing units for a minimum of three employees within the redeveloped 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 this request subject to the findings and conditions rioted in Section IX of this memorandum. I!. DESCRIPTION OF REQUEST The provisions of Section 12-7J-3, Vail Town Code, identify a Type III EHU as a conditional use within the Public Accommodation - 2 District. This request is being made in conjunction with the proposal for the redevelopment of the Timberline Roost Lodge The proposed EHU's will be 474 square feet in size and wili include one bedroom, kitchen/living room, bathroom, and closet space. The EHU has been designed with its own entrance to the main hallway of the bui.lding. The applicant has provided 4.2 subsurface parking spaces for the EHU's per the parking requirements for a dwelfing unit, which are outlined in Section 12-10 of the Vail Town Code. The provisions of Section 12- 16-6 and 12-16-7, Conditional Use Permit, Vail Town Code, determine the review criteria and procedure for a conditional use permit. III. BACKGROUND On August 14, 2006, the Planning and Environmental Commission reviewed the proposal for a major exterior alteration to facilitate the redevelopment of The Timberline Roost • Lodge. As a part of the redevelopment request, the applicant is proposing to construct three (3) Type III employee housing units on the site of the new lodge. The redevelopment application was approved by the Commission 7-0-0. 1 ` - ~ a • IV. ROLES OF REVIEWING BODIES Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for acceptability of use and then by the Design Review Board for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval/denial/approval with conditions of Conditional Use Permits. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, i maneuverability, and removal of snow from the streets and parking areas. ~ 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. Design Review Board: Action: The Design Review Board has does not have review authority on a Conditional Use Permit, but must review any accompanying Design Review Board application. 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. 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 inemo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a• 2 • • recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: Chapter 12-2: Definitions ' 12-2-2: Definitions Employee Housing Unit (EHU): A dwelling unit which shall not be /eased or rented for any period less than thirty (30) consecutive days, and shall be rented only to tenants who are full-time employees of Eagle County. EHUs shall be allowed in certain zone districts as set forth in this Title (Section 12-13). Development standards for EHUs shall be as provided in Chapter 93, "Employee f-Jousing" of this Title. For the purposes of this definition, a"full-time" employee shall mean a person who works a minimum of an average of thirty (30) hours per week. There shall be frve (5) categorres of EHUs: Type 1, Type 11, Type lll, Type 1V, and Type V. Provisions relating to each type of EHU are set forth in Chapter 13, "Employee Housing" of this Title. VI. SITE 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 2/27106 08/07/06 Standard Allowed/Repuired PEC Submittal PEC Submittal Lot Area: 10,000 sq. ft. min. 86,597 sq. ft. 86,597 sq, ft. Density: 49 Dwelling Units 39 Dwelling Units 28 Dwelling Units AU's Unlimited 124 AU's 101 AU's GRFA: 129,896 sq. ft. 100,240 sq. ft. 75,842 sq. ft. (70% = 53,097 sq ft) (30% = 22,745 sq ft) Building Height: 48 feet 48 feet 48 feet Site Coverage: 56,288.23 sq. ft. (65%) 52,864 sq. ft. 44,376 sq. ft. (51%) Landscape Area: 25,979 sq. ft. (30%) 31,960 sq. ft. 38,698 sq. ft. (44°/a) Setbacks North: 0'-20' 20' 20' West: 0'-20' 20' 15' (151 floor stairwell) East: 0'-20' 20' 20' South: 0'-20' 20' 20' • Parking: 156 spaces 196 spaces 169 spaces 3 i Loading: 1 berth 1 berth 1 berth • Employee 3 units 3 units 3 units I Housing: VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq 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. CRITERIA AND FINDINGS The review criteria for a request of this nature are established by the Town Code. The proposed Type III EHU is located within the Public Accommodation - 2 District. Therefore, this proposal is subject to the issuance of a conditional use permit in . accordance with the provisions of Chapter 12-16, Vail Town Code. A. Consideration of Factors Regardinq Conditional Use Permits: 1. Relationship and impact of the use on the development objectives of the : Town. When the Town Council adopted the Town of Vail Affordable Housing Study on November 20, 1990, it recognized a need to increase the supply of locals/employee housing units. As recently as October 10, 2006, the Council discussed in length possible options for solving the affordable housing shortage. The Town encourages EHU's, particularly on-site, when possible, as a means of providing quality living conditions and expanding the supply of employee housing for both year-round and seasonal local residents. Staff believes that the incorporation of the proposed units into The Timberline Roost Lodge redevelopment project will have a positive impact on the Town's rental housing needs. 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 there will be an insignificant impact from the proposed Type ~ III EHU's on light, air, population, transportation, utilities, schools or parks, and other public facilities needs. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. • 4 • Three to four additional vehicles are anticipated in association with the EHU's. The applicant is proposing to accommodate this anticipated parking demand within the below-grade structure. Additionally, because the EHU's wifl be located on the Town's bus route and wifl be pedestrian friendly for its user, Staff believes that this proposal will have an insignificant impact on the remainder of the referenced criteria. 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 feels that the proposed EHU's will not significantly impact the scale and bulk of this project in relation to surrounding uses. The proposed EHU' will be consistent with the development standarcis applicable to this property. 5. The proposed EHU meets the Town's requirements for zoning, ownership/transference, GRFA, garage credit/storage, and density. a. Zoninq districts permitted bv riqht or bv conditional use A Type 111 EHU is a conditional use in the Residential Cluster, Low Density Multiple Family, Medium Density Multiple Family, High Density Multiple Family, Public Accommodation, Public Accommodation -2 Commercial Core 1, 2, and 3 districts, Commercial Service Center, Arterial Business District, Parking District, General Use District, and the Ski Base/Recreation District. • The subject property is Public Accommodation - 2 zoned . b. Ownership/Transference A Type III EHU may be sold or transferred separately from the units with which it is associated. The applicant is proposing to sell or transfer the EHU separately from the proposed dwelling units and fractional fee units to be constructed upon the property. c. Additional GRFA Not applicable for a Type III EHU. d. Garaae Credit/Storaqe Requirement Not applicable for a Type III EHU. e. Parkinq Per Cnapter 12-10, Vail Town Code, which regufates the parking requirements for dwelling units (including EHUs), 4.2 parking spaces are required for these units. The applicant is currently proposing to comply with the Chapter 12-10 requirements for the various proposed uses (including the proposed EHU) upon The Timberline Roost Lodge redevelopment site. f. Minimum/Maximum GRFA of an EHU Type III EHUs are aflowed wifh a Gross Residential Floor Area (GRFA) range of 300 - 1,200 sq.ft. The proposed EHU's will be 474 sq. ft. in size. • g. Densitv A Type I!I EHU will not count as density in this instance. 5 ! • B. The Planninq and Environmental Commission shall make the followinq findinqs before granting a conditional use permit: 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 Public Accommodation - 2(PA-2) 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, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applieable provisions of the conditional use permit section of the zoning regulations. IX. STAFF RECOMMENDATION The Community Development Department recommends approval, with condition(s) of a Conditional Use Permit, pursuant to Section 12-7J-3, Conditional Uses, Vail Town Code, to allow for three (3) Type III Employee Housing Units, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Resubdivision. Staff's recommendation is based upon the review of the criteria in Section VIII of this memorandum and the evidence and • testimony presented, subject to the following findings: 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 Public Accommodation - 2 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, or welfare or materially injurious to properties or improvements in fhe vicinity. , 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning regulations. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the following condition(s): 1. Prior to the issuance of a building permit, the applicant shall execute a Type 111 EHU deed restriction with the Town of Vail Department of Community Development to permanently restrict the use of the EHU's for employee housing. • 6 ~ ~ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department - Nina Timm DATE: December 11, 2006 INFORMATION Employee Housing Requirements - Inclusionary Zoning and UPDATE: Commercial Linkage ' L Introduction The purpose of this memo is to provide the Planning and Environmental Commission (PEC) with an update on discussions the Vail Town Council has been having regarding employee housing in the Town of Vail. Town Council has set a goal to ensure that there is employee housing available for at least 30% of Vail's workforce. Currently there are approximately 30% of Vail's employees living in Town today. With current market forces and anticipated job growth in the Town of Vail and throughout Eagle County this will be a challenging goal to achieve. • The Vail Town Council has been discussing various zoning tools to generate employee housing units in the Town of Vail based on new development/ ~ redevelopment. All of the tools discussed to date, will allow the Town to keep up at some percentage with the rate of new employee housing demand. The Town Council is considering adopting Inclusionary Zoning applied to residential uses and Commercial Linkage applied to commercial uses to generate employee housing for 30% of the future work force. Previously the Town Council discussed Residential Linkage, but based on the fact that Inclusionary Zoning will gencrate a greater riui7iber of empioyee housing units, the Town Council has opted to look at only Inclusionary Zoning at this time. Ultimately the PEC will be reviewing a draft ordinance on employee housing regulations and providing Town Council with a recommendation. To help with PEC's discussion and recommendation, at the January 8, 2007, meeting a Housing Policy overview will be provided by staff. II. Policies Being Evaluated bv Town Council Inclusionary Zoning: Zoning provisions that require mandatory inclusion or set- aside of a set percentage of residential development as employee housing units (usually the same type or similar to other units in development). Progam may allow cash-in-lieu, land-in-lieu, purchase/ renovation of existing units or off-site ~ housing as options for compliance, typically in a given order of preference. This ~ 4PPM" is a square foot based requirement and would only apply to net new square feet in ~ a redevelopment scenario. It is anticipated that this will apply to residential development including: dwelling units, fractional fee units, time share units, and Lodge units. Commercial Linkage: Zoning provisions that require commercial development (lodge, retail, industry, etc), to provide funds or housing to meet some percentage , of seasonal and/or long-term employment positions generated by the new development (15% to 60% range common). This is currently used in the Town of Vail and is based on net new employees generated by commercial uses. To update this policy the Town Council engaged RRC Associates, Inc., a consulting firm based in Boulder, to provide the Town with a new Nexus study to be the legal requirements of this policy. It is anticipated that it will apply only to commercial development. A copy of the Nexus study has been included with this memorandum. Residential Linkage: Requirement for residential development to provide housing or fees-in-lieu for some percentage of employment positions created by the new development (residential services, etc.) This is similar to Commercial Linkage in the fact that it is based on net new employees generated by residential uses. Currently, the Town Council is not considering this policy. III. Current Town Emnlovee Housing Policv - Commercial Linkage • ' While not codified, the Town currently requires some employee housing i mitigation through Commercial Linkage. Today, if the development complies with underlying zoning employee housing must be provided for 15% of net new employees and if a variance from zoning is requested mitigation increases to 30% of net new employees. Current Town policy applies Commercial Linkage to certain residential uses if they appear to function more like a commercial use (the condominium hotel). Town policy does not provide standards for the mitigation and the Town utilizes a Nexus study from 1990. IV. Anticipated Changes to Commercial Linkage There are four anticipated major changes staff is suggesting to the way the Town of Vail applies Commercial Linkage today. 1. It will only be applied to commercial uses. It will no longer apply to ' Dwelling Units, Fractional Fee Units, Time Share Units, and Lodge Units. 2. The percent of net new employees mitigated for will be standard regardless if a proposed development complies with underlying ~ zoning. I I • 3. The employee generation rates will reflect the results of the Nexus study completed fall, 2006, by RRC. 4. The methods for mitigation will be clearly defined based on a per employee to be housed basis. This will include on-site units, off-site units and fee-in-lieu. The proposed fee-in-lieu is $178,526 per employee to be housed and is based on the gap between median incomes and home prices. This will be updated on an annual basis. The following chart shows what was presented to Town Council in regards to these standards. Minimum Sq Ft # of Employee Credits Studio Unit 550 sq ft average 1.25 . One Bedroom 750 sq ft average 1.75 Two Bedroom 975 sq ft average 2.25 Three Bedroom 1225 sq ft average 3 IV. Inclusionarv Zonin~ Town Council has discussed adopting Inclusionary Zoning in the Town of Vail. Eagle County has Inclusionary Zoning guidelines as part of their employee housing program. Many communities in Colorado utilize Inclusionary Zoning to generate employee housing (Aspen, Boulder, Steamboat, etc.). It is anticipated . • that this requirement will apply only to residential development includin~ Dwelling Units, Fractional Fee Units, Time Share Units, and Lodge Units. Again, the recommendation is that Town Council adopt clearly defined methods for mitigation. On-site units that are integrated into a development, off-site units that meet guidelines similar to those proposed for Commercial Linkage, and fee- in-lieu based on a per square foot basis. Based on information in the Nexus study the fee-in-lieu would be $315.05 per square foot. This is based on the same gap between median incomes and home prices. V. Next Steps Town Council has directed staff to ensure that the employee housing requirements impact residential uses greater than commercial uses that benefit the Town through the generation of sales tax dollars. Staff believes that utilizing Commercial Linkage and Inclusionary Zoning at different mitigation rates will achieve this goal while providing employee housing for at least 30% of Vail's future work force demands. Again, to help with PEC's discussion and recommendation, at the January 8, 2007, meeting, a Housing Policy overview will be provided by staff. Staff recommends tabling this item until the January 8, 2007, meeting. . ~ 3. The employee generation rates will reflect the results of the Nexus • study completed fall, 2006, by RRC. 4. The methods for mitigation will be clearly defined based on a per employee to be housed basis. This will include on-site units, off-site units and fee-in-lieu. The proposed fee-in-lieu is $178,526 per employee to be housed and is based on the gap between median incomes and home prices. This will be updated on an annual basis. The following chart shows what was presented to Town Council in regards to these standards. Minimum Sq Ft # of Employee Credits Studio Unit 550 sq ft average 1.25 One Bedroom 750 sq ft average 1.75 Two Bedroom 975 sq ft average 2.25 Three Bedroom 1225 sq ft average 3 IV. Inclusionarv Zonin~ Town Council has discussed adopting Inclusionary Zoning in the Town of Vail. Eagle County has Inclusionary Zoning guidelines as part of their employee housing program. Many communities in Colorado utilize Inclusionary Zoning to generate employee housing (Aspen, Boulder, Steamboat, etc.). It is anticipated that this requirement will apply only to residential development including • Dwelling Units, Fractional Fee Units, Time Share Units, and Lodge Units. ! Again, the recommendation is that Town Council adopt clearly defined methods for mitigation. On-site units that are integrated into a development, off-site units that meet guidelines similar to those proposed for Commercial Linkage, and fee- in-lieu based on a per square foot basis. Based on information in the Nexus study the fee-in-lieu would be $315.05 per square foot. This is based on the same gap between median incomes and home prices. ~ V. Next Steps Town Council has directed staff to ensure that the employee housing requirements impact residential uses greater than commercial uses that benefit the Town through the generation of sales tax dollars. Staff believes that utilizing Commercial Linkage and Inclusionary Zoning at different mitigation rates will achieve this goal while providing employee housing for at least 30% of Vail's future work force demands. Again, to help with PEC's discussion and recommendation, at the January 8, 2007, meeting, a Housing Policy overview will be provided by staff. Staff recommends tabling this item until the January 8, 2007, meeting. . A • THE TOWN OF VAIL, COLORADO NEXUS/PROPORTIONALITY ANALYStS FOR EMPLOYEE HOUSING MITIGATION PROGRAMS lntroduction The Town of Vail is reviewing empioyee housing mitigation programs for both commercial and residential development. Linkage programs would require that developers of commercial and residential space contribute to the provision of affordable housing in proportion to the affordable housing need that they generate by creating new empioyment. The basic premise of employee housing mitigation programs is that new commercial and residential development fuels demand for housing by generating new jobs. In the Town of Vail, and other areas where land is expensive and housing demand is largefy affected by wealth from outside the region, the private marlcet tends to supply housing that is priced beyond the reach of most local employees. This results in an undersupply of adequate housing that is affordable for low- to middle-income employees and, therefore, also results in housing prices that tend to escalate much faster than wages. This report establishes the link between new commercial and residential development and the demand for employees. It provides a rationale for deterrnining the percentage of emptoyees I • that could be mitigated by new development through linkage programs and presents a formula for determining the amount of fee that coutd be paid in lieu of producing units. This report does not address inclusionary zoning requirements, given that a nexus/proportionality analysis is not required for inclusionary programs. Legal Tests There are several legal considerations involved in the design of impact mitigation regulations. First, a"rational nexus" must be demonstrated befinreen the impacts caused by a development and the nature of the mitigation required. Second, there must be a"rough proportionality" between the extent of the irnpacts generated and the extent of the mitigation required. In other words, there must be a direct relationship between the need for affordable housing and the parties upon which mitigation requirements are imposed. In addition, the fee must be no greater than the cost of mitigating the direct impacts from the specific developments. Therefore, it must be demonstrated that new development creates the need for affordable housing and that the fee assessed will be no greater than the cost of providing housing for employees generated by the development. Methodology The following seven-step process is used to establish a nexus/propartionality formula for these employee mitigation programs. The process uses well-documented statistics from primary research conducted in the Town of Vail and other mountain resort communities in Colorado and • RRC Associates, Inc. . .I neighboring states to provide a method for quantifying the number of jobs and corresponding housing demand generated by development. The steps are: 1. Identifying the level of service appropriate for the Town of Vail in terms of the percentage of • low-income households and emp{oyees for which housing is to be ensured; 2. Determining the number of jobs generated by existing commercial and residential development to calculate the housing demand generated by new development; I 3. Accounting for multiple job holding to avoid double counting employees; I 4. Converting the number of employees to households by applying an employees per househofd ratio; 5. {dentifying the households to target in the employee housing mitigation programs by examining the income levels of the Town of Vail's residents; 6. Crediting developments for previous contributions to employee housing; and 7. Consolidating the information on job generation, job holding patterns, empfoyees per household, and income levels into a formula that can be applied to commercial, residential, or mixed-use projects to calculate mitigation requirements. The above formula often results in a fraction of a dwelling unit being required. When this occurs, or in other circumstances as may be permitted by the Town, the Town may permit fees to be paid in fieu of producing units. The amount of the payment in lieu is based on the affordability gap, which is the difference between what targeted households can afford to pay • and market prices for housing. This report concludes with an estimate of the gap between affordable and market costs and a calculation of the payment in lieu. Area Median Income (AMl) Orienting housing programs to the median family income for Eagle County, as published by the U.S. Department of Housing and Urban Development (HUD) each year, corresponds with State and Federal programs that might be used by private developers as well as the public sector to produce employee housing, as these programs also base income levels on the median family income. The following table shows U.S. Department of Housing and Urban Development (HUD) estimates of the median family incomes in Eagle County for one- through five-person households in 2006. ~ RRC Associates, Inc. Table 1. 2006 Median Family Incomes for Eagle County: HUD • AMI Range Number of Persons in Household 1 2 3 4 5 50°/a AM! $28,000 $32,000 $36,000 $40,000 $43,150 60% AMI $33,600 $38,400 $43,200 $48,000 $51,780 80%AMI $41,700 $47,700 $53,650 $59,600 $64,350 100% AMi $56,000 $64,000 $72,000 $79,600 $86,300 120% AMI $67,200 $76,800 $86,400 $95,520 $103,560 Source: US Department of Housing and Urban Development (HUD) Household incomes by AMI in 2006 were estimated from the 2000 US Census CHAS i (Comprehensive Housing Affordability Strategy) special tabulations of households by AMI in , 1999, the 1999 and 2006 HUD median family incomes in the Town of Vail and the estimated number of households in Vail in 2006. These projections include the following assumptions: the percentage of households in each AMI group has remained fairly constant since 1999 and household tenure has remained relatively consfant since 2000. These estimates indicate that , about 47.9 percent of households earn less than 100% AMI, or about 1,161 total households. Table 2. Town of Vail Households by AMI: 2006 Estimates AMI Range Total % # <50% 16.4% 398 • 50.1 to 60% 3.5% 84 60.1 to 80% 10.6% 256 80.1 to 100% 17.4% 422 100.1 to 120% 12.7% 307 120% or more 39.4% 954 TOTAL 100.0% 2,422 Total <80% 30.5% 739 Total <900% 47.9% 1,161 Total <120% 60.6% 1,468 Source: 2000 US Census, CHAS special tabulations; HUD median family incomes; DOLA population projections; RRC Associates, Inc. Level of Service Programs that require new development to produce affordable housing as mitigation for the housing demand generated by the development must conform to level of service standards applicable for both existing and future needs. The level of service indicates the current level of affordable housing that exists in the community and, when considered in conjunction with any town commitments for providing housing, provides a guideline for workforce housing mitigation requirements. It should be noted, however, that new development requirements need not be • limited by the current level of service in the community if the town is active in adopting and impiementing housing programs to increase the town's current level of service. RRC Associates, Inc. 3 The level of service is defined by the current percentage of househoids residing in the study area that earn within the income range targeted by the adopted housing program. For example, . , presently about 30.5 percent of the Town of Vail's households earn less than 80 percent of the AMI. If the Town of Vail adopted a housing linkage program requiring developments to mitigate employee households earning less than 80 percent of the AMf, the town could require up to a 30.5 percent mitigation rate, based on the current service levef of the town (see Table 2, above). If the Town of Vail adopted a housing linkage program that served households up to 100 percent of the AMI, a mitigation rate of about 48 percent would meet current service levels.' The above approach generates a potential measurement for the town's existing levef of service for housing residents earning within different AMI levels. The data comfortably support a mitigation level of 30 percent for households earning less than 80 percent of the AMI and a mitigation level at about 48 percent for households earning less than 100 percent of the AMI. It shou{d be noted that, since the year 2000, 142 units of income-restricted rental housing have been constructed in the Town of Vail (Middle Creek). This project primarily serves households earning less than 80 percent of the AMI. This development, in combination with other programs being pursued by the Town of Vail, are indications of the commitment by Vail to provide much needed housing for its local workforce. Based on Middle Creek and any continued commitment from the Towr of Vail to supply housing for the lacal warkforce, the above level of service rates may be conservative. It is important to recognize that alternative interpretations of the level of service standard may be more or less conservative than presented herein, potentially supporting a higher or lower mitigation rate than presented above. It is recommended that Vail consult with legal staff regarding mitigation rates that conform to the level of service standard. • Job Generation Rates When new commercial/industrial/lodging/residentia{ projects are built, additional employment is generated. New commercial employment may be from new businesses or from businesses relocating from other space (thereby freeing up that space for other tenants). Regardless, the net effect over time is a net increase in employment in the community. Job generation rates that measure the number of jobs typically generated by residential units and in various types of commercial spaces can be used to estimate the number of jobs that will be created by new development. Commercial Linkage RRC Associates and Rees Consulting, Inc., both members of The Housing Collaborative, LLC, have been conducting housing needs assessments in mountain resort communities throughout Colorado and in neighboring states since 1990. As part of these studies, public and private ' lt is recognized that a portion of the households in the Town of Vail that earn less than 100 percent of the AMI are cost-burdened. Based on year 2000 US Census data, about 56 percent of households eaming less than 100% AMI had housing problems, including being cost-burdened (paying over 30% of income for housing), lacking complete plumbing facilities, lacking complete kitchen facilities and/or with 1.01 or more persons per room. However, these households are still residing in the town regardless of their ratio of income to housing payments and are, therefore, being served by housing in the community. Employee housing programs and development is intended to ease the burden on these lower-income households and provide more suitable housing options for local workers. This not only • results in a more stable and content workforce, but also helps the town compete with other areas for employees by providing suitable and affordable housing for the workforce. RRC Associates, Inc. 4 sector employers were surveyed concerning the number of jobs they offer and the amount of space they occupy. From these surveys, a total of 1,857 employers were used to compile a • database on job generation ratios, which are expressed as the number of total jobs (full and part time combined, not FTE) per 1,000 square feet of space. The study area includes both core resort areas as well as nearby communities, which are listed below, with survey dates ranging between 1990 and 2004. • Blaine County, ID: 1990, 1996 • Keystone: 2001 • Chaffee County: 1994 • Pitkin County: 1991 • Copper: 2001 • Routt County: 1990 • Eagle County: 1990, 1999, 2001 • San Miguel County: 2000 • Estes Park: 1991, 1999 • Snowmass Village: 1999 • Frisco: 1998 • Summit County: 1990, 2001 • Grand County: 1992, 2001 • Telluride: 1993, 1996, 2001 • Gunnison County: 1992, 1998 • Aspen 2002 • Composite of Pitkin, Eagle, and Garfield • Garfield County 2004 Counties (from Healthy Mountain • Pitkin County 2004 Communities surveys of 1997/98 seasan) The database contains 203 valid cases from Eagle County (103 in 1990, 100 in 1999/2001 combined), with about 19 percent of the valid cases in 1999 and 2001 being from businesses in the Town of Vail and abaut one-half of the 1990 surveys from businesses in the Vail and Beaver Creek area. The compared merged database has 1,544 valid cases sampled from 1990 through 2004 and combines surveys from commercial core areas, where space tends to be • intensively used, and nearby communities and unincorporated areas, where employment is often less. For the purposes of the below comparison with Eagle County, results from Chaffee County and Estes Park were not included in the merged data6ase runs shown in Table 4 given the different economies in these areas compared to Eagle County and Vail. The composite database shows about 2.9 empioyees work in every 1,000 square feet of commercial space overall. The ratios are considerably higher for restaurants and bars (8.1 per 1,000 SF) and recreation-related establishments (5.8 per 1,000 SF) and slightly higher for retail space (3.0 per 1,000 SF). Generation rates in Eagle County are similar, or slightly higher, than the composite database for most categories. • RRC Associates, Inc. 5 Table 3. Commercial Job Generation Rates • Merged Eagle County RRC Rates Database* 1990I1999I2001 re-1990 Barlrestaurant 8.1 9.8 5.7 Construction 4.4 4.7 10.6 Education 1.4 1.2 Office (Finance/Banking, tegal, Medical, 3.8 4.3 3.1 - 6.6 Professiona! Services) Govemment 2.0 1.4 6.5 Lodginglhotel/housekeeping 0.8/room 0.9/room 1.3/room Personal services (laundry, hair care, etc) 2.5 6.0 Real estate/property management (office) 6.1 4•2 7•6 Retail sales 3.0 3.9 1.8 - 5.9 Service 1.4 1.7 Recreationiattractions/amusements 5.8 3.5 Utifities 1.5 1.6 Property Management (units) 0.4lunit 0.5/unit Overall ,)•9 3•4 'Merged database excludes Estes Park and Chaffee County. Source: RRC Associates, inc. Considerations for Commercial Linkaqe Requirements When developing commercial finkage requirements, some communities use a single average • while others combine similar categories into severaf groups. The rates are usually used to estimate employment when the PUD or building permit application is filed. The rates can be applied to new development and to redevelopment that resufts in additional space being created. Using a single average makes it less problematic when the exact use of space is not proportionate burden on i defined at the time of project approval; however, it can p{ace d s !i commercia{ uses that have fower job generation rates. Utilizing mu{tiple rates can complicate the situation when a change in use occurs. Some programs consider change in use to be exempt while others provide a credit. Most programs provide the opportunity for the applicant to provide their own job generation estimates in the event that the proposed use is expecfed to generate jobs at a different rate than estab/ished by the communify. The following table shows job generation rates aggregated into five categories. The overail rate would be applied to uses that do not fit within the specified categories. "Office" includes such uses as finance/banking, legal and medica{ professions and other professional services. This shows that commercial operations in Eagle County are sfightly more labor intensive than uses in the merged database as a whole. The "overall" rate for just the Vail businesses surveyed indicate a rate of between 3.4 and 3.5 employees per 1,000 square feet of development, which is similar to that for Eag{e County businesses as a whole (3.4 overall). ~ RRC Associates, Inc. 6 II Table 4. Commercial Job Generation Rates by Condensed Categories • Merged Database Eagle County Units 1990,1999, 2001 Bar/restaurant 8.1 9.8 Emps/1,000 sq. ft. Lodginglhotel 0.8/room 0.9/room Emps/room Commercial retail 3.0 3.9 Emps/1 000 sq. ft. Office 3.8 4.3 Emps/1,000 sq. ft. Real estate/property 6.1 4.2 Emps/1,000 sq. ft. management (office) OVERALL 2.9 3.4 Emps/1,000 sq, ft. N= 1,544 203 Source: RRC Associates, inc. Although the figures generated from the Eagle County surveys could be used to determine job generation in the Town of Vail, it is recommended that the merged dataset be used rather than specific local figures for the following reasons: ¦ The smaller number of cases in individual communities is less statistically valid than the merged data set, particularly when broken down by types of businesses; ¦ Surveys of individual communities provide point-in-time estimates of job generation during the year of the survey. These rates are subject to change depending on many factors, including local and regional economic conditions and changes in development incentives, ordinances and regulations that may affect the intensity of commercial space usage in the community; ¦ The merged data set provides a more general sample of the types of businesses and ~ intensity of uses found in resort communities over a period of time that includes both economic booms and slumps. This results in numbers that represent average commercial job generation that can be comfortably used over an extended period of time, rather than constantly changing with point-in-time economic conditions. ¦ The merged data set also provides a more general sample of the intensity of uses of businesses in multiple resort communities. Because each community represents a different "maturation" state, the database presents an average mix of intensities that could be expected as communities change and as businesses move into and out of communities. The merged database provides job generation rates that recognize the economic mix of communities change over time, both within and between different industries, and accommodates this change. Residential Linkage Residential dwelling units generate demand for housing through their operation and maintenance. Activities including exterior and interior maintenance and upkeep, house cleaning, meal preparation, childcare, personal services, and home office support generate jobs, many of which are relatively low paying. The employees that fill these jobs generate demand for modestly priced housing. Further, homes built for second homeownership reduce the land and number of units available for the local workforce. As a result, the more homes that are built in the Town of Vail (particularly for visitor or second home use), the more the affordable housing problem is aggravated. The Town of Vail sponsored a study this year (2006) on job generation associated with ~ residential uses. Conducted by RRC Associates, the study was used to estimate the number of RRC Associates, Inc. 7 permanent jobs associated with various types and sizes of residential units. This study focused on jobs directly generated as a result of the residential unit. That is, jobs associated with housing maintenance and operations, including property and rental management, homeowner's • association, gardeners, snow removal, exterior maintenance, housekeepers, kitchen help/chef, child care provider/nanny, caretaker/concierge/butler, personal trainer/administrative assistant and other re{ated employees. This study did not include workers generated through construction of the home and does not include jobs generated as a resuit of secondary expenditures by home occupants (e.g., retail and other commercial expenditures). The study was based on surveys of homeowners, with 893 homeowners responding. Average job generation rates were calculated to support an employee housing mitigation program that is fairly simple to administer, yet responsive to the finding that large residential units generate more jobs than smaller units. It is important to note that the Eagle County assessor data reports only about 16 units in the Town of Vail that exceed 7,000 square feet in size, with 6 of those units being over 8,000 square feet (or about 0.1 percent of existing ownership units)2. The low incidence of larger units in the Town results in a more modest exponential relationship than would be expected if the Town had more large units. The job generation rates, expressed in fufl-time equivalents (FTE) per unit, were found to vary by square footage according to the following exponential function: Equation of Residential Employee Generation by Home Size Total FTE = 0.0675 " g(•0002)(Square Footage) The following table of FTE employee generation rates was calculated by applying the above formula to the mid-point of each of the residential square-footage categories shown in the first column. For units under 1,000 square feet and over 7,000 square feet, the average size of ~ existing units in the town within these size categories was used (728 and 8,350 square feet, respectively) as determined from Eagle County assessor records. Table 5. Residential Employee Generation Rates By Home Size Size of Residential FTE Unit (Square Feet) Employees Under 1,000 0.08 1,000 to 1,999 0.09 2,000 to 2,999 0.11 3,000 to 3,999 0.14 4,000 to 4,999 017 5,000 to 5,999 0.20 6,000 to 6,999 0.25 ' 7,000+ 0.36 Source: RRC Associates, Inc. A study on residential job generation was also recently conducted by the Northwest Council of Governments (NWCOG), titled "Second Homes and the Amenity Based Economy." The study found that, through owner spending, second homes generated about 8,500 direct basic jobs (51.5 percent of total direct basic jobs) and 12,000 total jobs (45.1 percent of total jobs) in 2002. 2 There are 326 total residential units in Eagle County that are 7,000 square feet or larger in size, . accounting for about 1.4 percent of ownership units in the County. RRC Associates, Inc. 8 More specifically, this resulted in about 1.8 jobs per second home unit that is 3,000 square feet or more in size and 1.1 jobs per second home unit that is less than 3,000 square feet in size. • Table 6. Jobs Created Through 2"d Homeowner Spending: Eagle County, 2002 Size of 2^d Home Basic Jobs Total Jobs Total Jobs per Unit Denomination of Unit Under 3,000 Sq. Ft. 6,219 8,793 1.1 Dwelling Unit 3,000 Sq. Ft. or more 2,283 3,228 1.8 Dweliing Unit Source: Northwest Council of Govemments "Second Homes and the Amenity-Based Economy," Aprit 2004. The NWCOG job generation frgures differ from thase estimated by RRC Associates for the following primary reasons: ¦ NWCOG focuses on second homeowner properties only. RRC Associates calculations represent jobs generated by all residential properties (those occupied by full-time residents and second homeowners) and ¦ NWCOG figures represent all jobs created through second homeowner expenditures in the local economy (this includes not only property maintenance, but retail jobs, service jobs, etc.). RRC Associates calculations represent only those jobs generated by the constructed residence, as measured through direct employment by property owners for ongoing property maintenance and operation (gardeners, property managers, housekeepers, etc.). Considerations for Residential Linkage Repuirements The above data presents some interesting considerations for communities when devising a • residential linkage program. One method evaluates the total impact of second homes on the economy based on expected homeowner expenditure patterns in the area and, therefore, all primary and secondary jobs created as a result of that impact (NWCOG). The other method evaluates only that employment directly generated by the constructed residence (employees directly hired by property owners to maintain and operate their property). When considering the impact of residential uses, and particularly second homeowners, on local job generation and developing regulations that respond to those impacts, the following issues need to be considered: ¦ Homeownership cannot be determined until the time of sale of the property, although it may be possible to reasonably "predict" home occupation based on the size, price and location of proposed developments, among other factors; ¦ Properties sold to locals may be resold to second homeowners, causing a potential increase in employment, but with no ability to require a respective increase in employee mitigation; ¦ Communities considering commercial linkage and residential linkage must ensure that the adopted programs are not "double-charging" for the same employees. In other words, if residential developments are required to mitigate for all jobs created through homeowner expenditures (direct basic jobs and secondary jobs, including property management as well as retail jobs, service jobs, etc.), commercial linkage figures must ensure that employees housed by residential linkage requirements are not also required to be housed through commercial linkage; and ¦ There is a positive correlation between household size and job generation - the larger the home, the more jobs that are generated by the residence. To ensure fairness in • implementation, requirements should vary by size of the home. The implementation of requirements segmented by broad categories of mitigation (e.g., less than 3,000 square RRC Associates, Inc. 9 feet and 3,000 square feet or more} may not equitably distribute job generation and employee mitigation. {t should be noted that the direct employment figures generated by RRC Associates, Inc., • include the above considerations. Residentia{ job generation figures purposefufly only include employees directly hired by property owners to avoid double-counting employees that are needed by local commercial operations. Residential generation figures also purposefully include all property owners. This negates the complexity of trying to determine whether properties will be purchased by locals or second homeowners and provides a middle-ground figure that results in mitigation fitted to the life of the property (including changes in ownership). However, it is recognized that some communities may prefer to have higher requirements for second homeowners in line with their total job generation in a local economy, with corresponding reduced requirements for commercial development. This approach could be supported through additional data analysis and could be achieved through creative program deveiopment and sensitivity to the above-mentioned issues. Accounting for Multiple Job Holding The job generatian ratias for commercial space measure the tatal numbar af fulf- and part-time employees combined; no adjustment was made when counting part-time jobs. Some of the employees, particularly the part-time workers, may also hold other jobs. To avoid double counting and potentially requiring two different commercial developments to pay for housing the same employee, the number of total employees in commercial space that generate demand for housing in the Town of Vail needs to be adjusted for multiple job holding. Because job generation rates for residential dwellings are presented in terms of full-time equivalents (FTE), they do not need to be adjusted for multiple job holding. ~ The 1999 the Eagle County Housing Needs Assessment found that employees in the county hold an average of 1.2 jobs. This measure was calculated by evenly weighting the number of jobs held during the winter, summer and shoulder seasons. !t is similar to the results found in other mountain resort communities where, over the years, the number of jobs held by employees has typically ranged befinreen 1.15 and 1.35. The projections of }obs and workers ~ holding jobs in Eagle County in 2005 that were compiled by the Department of Local Affairs also average about 1.2 jobs per worker. Converting from Workers to Households Employees often live together in family and unreiated roommate households. Housing requirements need to recognize these lifestyle patterns. The number ofi employees per household living in family households was estimated from the 2000 US Census. Family households with at least one employee have 1.8 employees on average. When non-family household estimates are included (including householders under 65 that are {iving afone and with unrelated persons), this drops to about 1.4 employees per household, on average. This results in large part because 34 percent of households in the Town of Vail are single-person households and can, therefore, have at most one employee. The number of households generated by a project equals the number of new employees divided by 1.5 employees per household. ~ • RRC Associates, Inc. 10 ~ Identifying Program Methods and Household Targets ' . A decision must be made as to which types of programs will be targeted by the Town of VaiPs proposed residential and commercial employee housing mitigation programs. it is important that developers not be "double-charged" by housing requirements to avoid the need for crediting developments for payments made through other mechanisms (see the section on Credits in this report). For example, many programs implemented in other Colorado mountain resort communities typicalfy empioy either residential linkage or inclusionary zoning to avoid "double- ' charging" residential developments for the same employees. Further, the current approach outlined in Eagle County's Housing Guidelines also prevents double-charging by having inclusionary and linkage requirements target different household income ranges (80 to 100% AMI and 60 to 80% AMI, respectively). Income ranges served by programs are unique for each community depending on their specific household needs. Most programs adopted in other Colorado mountain communities require housing to be built for households earning anywhere between 60 percent and 120 percent AMI, with many requiring that employee units average 80 percent AMI mitigation. Different ranges can be targeted based on locaf needs - for example, Aspen/Pitkin County have eight service- level categories, covering from iow-income households through four levels of upper income categories. The Town has the discretion to require different mitigation rates for residential and commercial development, provided the rates are based on a legitimate public purpose. For example, commercial development can be assessed a lower mitigation rate than residential provided there is a finding of fact that doing so achieves a public purpose, such as the encouragement of economic development and the support of fiscal soundness through the generation of sales tax ~ revenues. Credits Any taxes or fees paid by new development that are used to address existing housing deficiencies must be credited for the amounts paid. Mitigation Formula To determine the number of affordable housing units that commercial, residential, or mixed-use projects must produce, the following formula is used. • The size of the project is first multiplied by the appropriate job generation rates to estimate the number of jobs that will be created; • The number of jobs generated for commercial space and lodging is then divided by the average job holding ratio of 1.2 jobs per employee to estimate the number of new empioyees that will be generated by the development; . The number of new employees is then divided by the number of employees per household (1.5) to estimate the number of new households generated by the project; and • RRC Associates, Inc. 11 :i • The total number of households is then multiplied by the percent mitigation rates, as approved by the Town of Vail, to determine the number of units required. Table 7. • _ Calcutation of Commerciaf and Residential Linkage Requirements Commercial Factor Calculation Size of Development Leasable Square Feet Jobs generated Rate per 1,000 SF rate x SF/1,000 Bar/restaurant - 8.1 Commercial retail - 3.0 Office - 3.8 Real estate/property management (office) - 6.1 Other - 2.9 Employees generated 1.2 jobs per employee Jobs generated 11.2 Households generated 1.5 employees per unit Employees generatedl1.5 Units Required 30% mitigation rate' Households generated x 30% Lodging Size of Development # Rooms or # Units Jobs generated Lodge/Hotef - O.S/Room # rooms x 0.8 Employees generated 1.2 jobs per employee Jobs enerated / 1.2 Households generated 1.5 employee per unit Employees generated/1.5 Units required 30% mitigation rate * Households generated x 30% ~ Residential Factor Calculation Size of Development # Units Employees generated Unit Size # units x approximatejob generation See Residential Employee rates Generation Rates By Home Size table (pg. 7) Households generated 1.5 empfoyees per unit Employees generated/1.5 Units required 30% mitigation rate" Households generated x 30% *For illustrative purposes, a 30 percent mitigation rate was assumed for commercial and residential requirements. Other mitigation rates could easi{y be substituted, if desired. The number of new households for which housing must be provided is a function of public policy as well as proportionality. Based on the analyses presented in this report, the current level af service of the Town would result in a 30 percent mitigation rate for programs targeting households earning 80 percent of AMI or less, with a higher rate potentially supportable depending on the commitment of the Town of Vail to provide housing through other mechanisms. The mitigation requirements can also be less than the maximum permitted for residential or commercial development, or both, depending on the goals of the Town of Vail with respect to meeting employee housing and other needs. • RRC Associates, Inc. 12 Fee in Lieu Calculation , The difference between prevailing market prices and what targeted low-income households can afford to pay for housing is the gap that must be taken into consideration when determining the amount of fee that could be paid in lieu of producing units under certain circumstances. This gap varies by the income level of the targeted household and whether homeownership or rental housing is to be provided. To generafe one number for each targeted income category that represents the gap between affordabie and market costs, a series of calculations must be made, as follows: 1. The income range of targeted households is first established. The basis is the median family income for two-person households in the Town of Vail. The income for two-person households was used since the average household size in the Town of Vail as of 2004 is about 2.09 persons (as estimated by the Department of Local Affairs). The income range must be updated annually to reflect changes in the published wage or median income figures, depending upon which is used as an eligibility measure. As a result, the amount of the gap and resulting payment in lieu will fluctuate yearly. 2. 7he target income point within the range is then set so that a single gap calculation can be performed. For the calculation under Category 1(incomes at or below 80% of the median), the target point is set at 60% of the median. This rationale is supporfed by fhe fact that the funds received from payments in lieu will be used by the Town of Vail to leverage funds to develop employee housing (the fee only covers the gap) and 60% of the median income is often targeted by Federal and State financing programs. I 3. The affordable monthly housing payment is next established based on a commonly used . standard: 30% of gross income equals the housing payment. I 4. The affordable monthly housing payment is then converted to an affordable purchase price by assuming the cost of property taxes and insurance is equal to 20 percent of the total affordable housing payment, then assuming that mortgage terms based on the remaining 80 percent of the payment include a 5 percent down payment and a 7 percent fixed rate of interest for 30 years. 5. An average size for each income category is set taking into consideration the average household size for units sold between June 2005 and May 2006 that fall within affordable price ranges for each AMI household. The current figures of 850 square feet for households earning less than 80% of the AMI and 900 square feet for households earning between 80 and 100% of the AMi are provided as examples only. Guidelines for the Town's program should establish both an allowable range of sizes and a required average size for the income categories. 6. The per square foot sales prices of dwelling units purchased in the Town of Vail between June 1, 2005 and May 31, 2006 was used as the basis for housing costs (as determined from Eagle County Assessor data). The figure of $458 per square foot was the median cost of units sold during this period (with outiiers removed). The cost of units sold rather than the cost of construction has been used for several reasons: • Market-rate prices on a per square foot basis can be readily obtained and can be used to update the fee on a regular basis; • • Construction costs vary widely, depending upon numerous variables. Adding the cost of land further complicates the calculation; and RRC Associates, Inc. 13 • The Town may use the fees obtained to purchase existing units, provide rent subsidies, or support other housing efforts in addition to new construction projects. ~ 7. The affordability gap is the difference between the cost (median per square foot price of recently purchased dwellings multiplied by the average size of units required for each income category) and the affordable purchase price. Programs targeting the lower income category (5 80% AMI) would have a per unit payment in lieu of $267,788 or a per employee payment in lieu of $178,526, as shown in the following table. Table B. Calcutation of Fees in Lieu based on Median Income Limits Category 1 Category 2 <80°lo AMI $1% -100°/o AMI Income Range (2-person households) $ 0 - $47,700 $47,701 - $64,000 Target Income Point (60°l0 - Cat. 1; 90% AMI - Cat. 2) $38,400 $57,600 Affordable Monthly Housing Pmt. $960 $1,440 Properry Taxes/Insurance/HOA estimate $192 $288 (20% of Aff. Monthly Hsg. Pmt.) Mortgage Payment $768 $1,152 Max. Mortgage Amount* $115,436 $173,154 Affordable Purchase Pnce $121,512 $182,267 • Average Sq. Ft of Units 850 900 Median per Sq Ft. $458 $458 Cost per Unit $389,300 $412,200 Affordability Gap / Payment per Unit in Lieu $267,788 $229,933 ' Employees per unit 1.5 1.5 Affordability Gap / Payment per Employee in Lieu $178,526 $153,288 * Assumes 5°1o down, 7% interest for 30 years. It should be noted that the calculations presented above assume that any HOA fees (plus property taxes and insurance) would be covered by 20 percent of the "affordable monthly housing payment." This percentage can be amended depending upon expected HOA dues beinJ lower or hi9her than this allowance. For develoPments that result in a fracti on of a housing unit being required, the payment is determined by applying that fraction to the per-unit in lieu amount. For reference, Table 10 shows the current 2006 Area Median Income levels for Eagle County households (and used for the Town of Vail) and Table 11 shows the estimated affordable purchase price of homes for each income category. • RRC Associates, inc. 14 . Table 9. Area Median Income by Household Size: Eagle County 2006 • 1•person 2-persons 3-persons 4-persons 5-persons 30% $16,800 $19,200 $21,600 $24,000 $25,900 50% $28,000 $32,000 $36,000 $40,000 $43,150 80% $41,700 $47,700 $53,650 $59,600 $64,350 100% $56,000 $64,000 $72,000 $79,600 $86,300 120% $67,200 $76,800 $86,400 $95,520 $103,560 Source: Department of Housing and Urban Development Table 10. , Affordable Purchase Prices of Homes* by AMI, 2006 1-person 2-persons 3-persons 4-persons 5-persons 30% $53,161 $60,756 $68,350 $75,945 $81,957 50% $88,602 $101,260 $113,917 $126,575 $136,542 80% $131,954 $150,940 $169,768 $188,596 $203,627 100% $177,204 $202,519 $227,834 $251,883 $273,085 120% $212,645 $243,023 $273,401 $302,260 $327,702 Source: Department of Housing and Urban Development, RRC Associates, Inc. *Assumes a 30-year, 7% fixed rate loan, with 5% down and 20% of monthly payment for property taxes, insurance and HOA fees, with no more than 30% of household income used for housing payments. • • RRC Associates, Inc. 15 i ~ • • 1774 _ sat. 11n51z02Bass ingcTHIS rTEM MAY AFFEI NeWly Remodeltd 36D/26A tOWn PUBLIC I 1280sf, 4 parking spaces, 2 decks PROOF OF PUBLICATION VOTICE IS HEREBY GIVf , storage. Hidcory wood floors & ca crnironmental Commissia! stainless appliances, many otl wid a puWic heari~ng in ; upgrades. 12-3-6, Vail Town Code, oO $639,QQQ STATE OF COLORADO } bnside ation of:Town of N FSBO (970) 471-1262 } ss, (303) 641-5338 Brokers Welc > request tor a recomme~ JChizmadia@comcast.net ouncil, pursuarrc to Secq COUNTY OF EAGLE } Jail Town code, ro, Pro Web ID: #102793 .napcers 14-2, oernmons riew Standards and Gui o create wildfire regulati oof covering matenals to~i WEST VAIL I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same rom or vail and setti hereto. (PE606-0029) Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and ~v~~t: To„~, orv~lii enner: Rxhel ' has a general circulation therein; that said newspaper has been published continuously and 4 request for a final revi , uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior ~urssu"wt to cna-xe.,3-,? 'rocedures, Vail Town Cod to the first publication of the annexed legal notice or advertisement and that said newspaper has icalion of pcisting buildi .ncroachmerds irrto Published the requested legal notice and advertisement as requested. )o"'a"ati°° ~~ral #e common parcel, and , The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under 'med parce'S °et"ee" A ' _02 i, bcated at iasoA- New Construction - Compl. De , liffside DrivdLOts A-L 2121 Vermont Dr. Colorado s Home Rule provision. Lo, c,;,,s;de s„ ' feraiis in regard thereto. Secluded Single Family Residence applicant: Ridge at v in the tail pines trees on the edge , ion and Mike Young space. Exquisite finishes & lar That the annexed legal notice or advertisement was published in the regular and entire issue of every 'lanner: Warcen C flown9 living spaces create mou 4 request ior a recomm elegance. 4BDJ 5BA, 3 Car g8rage number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of ma? tr,e cro~o r,anr,y's quarters.60~ sq. ft. bnsisteirt with the Vail s2,9gp,000 xoposed urban renew K8~18 S' said notice was in the issue of said newspaper dated November 24 A.D. 2006 and that the last publication ~ro1s a~~ ws'o" he Crossroads Vail Valley Land & Devebpmen :)f Vail Ordinance No. 5, 2006, arid is enti~ witF7 of said notice was in the issue of said newspaper dated November 24 A.D. ZOOG.n n Special Devebp t men District No. 39, I~~, at 141 and 143 Meadow Drive/Lot P, Block SD, Vail ~ JiNage Fling 1, and setting forth details in regard hereto. Applicant: Vail ReirnrestrneM Authority In witness whereof has here unto set my hand this 30th day November 'e""e`: R°ss Fo"esc 1> reques[ for a final review pf a variance, from iectwn 12-613-6 Setbadcs. Vail Town Code, Fwr- -uarrt to Chapter t2-17, Variarces, to allow for an i er/ ral ManagerBditor ,ddition above an existing garage within the frorrc 3nd side setbacks, bcated ffi 3l5 Mill Creek Cir- :Ie/Lot 2. Bbck 1, Vaii Village Filirg t, and setOrg orth details in regard thereto. PECO6-0080) Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this a~: FkWma ana Jr serkowi,z, repre- :ented by Maurielb Plannirg Group, 30" November, 2006. liaoner: ai Gibson > request Tor a final review of a ma~or exterior al- eraLOn, pursuant to Section 12-7H-7 Exterior AI- erations or Mod'rfications, Vail Town Code, and a ~ lnal rev'iew of a conditional use permit, pursuant to 3ection 12-7H-2, PermitEad and Condi6onal Uses; amela Joan Schultz ~ Notary Public ,~~,~Y PUe My Commission expires: November 1, 2007 : • ~ P.,.MELA J. ~ ~ S!;HULTZ • . • . ; ~F Cd~- - - - PuNNINc nuro ernnRoNMENrAL ~ COMMISSION Decemb0e0r p11, 2006 • 1789 TOWN COUNCIL CHAMBERS / PUBLIC WELCOME PROOF OF PUBLICATION MEMBERSPRESENTMEMBERSABSENTCFiasBemhardt Site Visits: 1 Driver: George STATE OF COLORADO } .;~ublic Hearing Town Council Chambers 20 minutes l 1.A request Tor a recommendation to 4he Vail Town Council of an amendment to the Town of Vail J SS. Streetscape Mas[er plan, pursuarrt to Chapter 1, Master Plan Process, to rebcate Checkpoint Charlie, and setting forth details in regard thereto. (PEC06-0078) COLTNTY OF EAGLE } Applicant:Town of Vail, representedby Greg Hall Planner.George Ruther ACTION: MOTION: SECOND:VOTE: I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same qp minutes Dail news a er rinted, in whole or in ~ 111d ublished in the Count of Ea le State of Colorado 2.A request for a final recommendation of a proposed amendment to the Lionshead Redevelopment y p p P P P g , , Master Plan, pursuant to Section 2.8, Adoption and AmendmeM of the Master Wan, L ionsheed pedevel- opment Master Ptan, to amend the Lionshead Study Area Boundaries, and fx+epte~ 5• DetfliW Plan Rec- has a general circulation therein; that said newspaper has been published continuously and M°•~ ommen 934 uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next F. to the first publication of the annexed legal notice or advertisement and that said newspaper has - CINIFSI Published the requested legal notice and advertisement as requested. ' The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating i Colorado's Home Rule provision. ~ - q;iom 3HI That the annexed legal notice or advertisement was published in the regular and entire issue o number of said daily newspaper for the period of 1 consecutive insertions; and that the first publica said notice was in the issue of said newspaper dated December 08 A.D. 2006 and that the last publ 12,1 4 ~ " ~ , of said notice was in the issue of said newspaper dated December 08 A.D. 2006. i E~~~~~~ ~~k~,~` In wimess whereof has here unto set my hand this 21 st December, 2006 i k Publisher/ ~ral M ag aitor ia3nds inoiC a, Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colora4 • 29th December, 2006. P IV ~ ~ ~ ~ YMIlI~ amela Joan Schult Notary Pul' My Commission expires: November 1, 200} sat}iadad op2Jo10 IeiZua nJd .r•::asiou ~ dnag a;Q}53 iea21 sa 4 JoA I ~~~~~=vem ~ ~ PLANNING MiD ENVIRONMEIdTAI p~ 17 1798 ~+~N~~~bas tPUSUC wELcoME MEM9ERS ABSENT Chas Bamha?dt PROOF OF PUBLICATION MEMBERS PRESENT i Site Visits: ~ STATE OF COLORADO } Driver. George ~ Cs. I Public Heanng-Town Council Chambers O I. A request tor e recommeidatian to COUNTY OF EAGLE } 20 min"tes the Vail Town Courmcil of~r ~ to Town of Vad Streetscape . . _ ..m.. ~M.. ChedcpaM CharSe, and setbn9 toM d"ls m re- c"WI, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same a` ~~te Apphcant Town of Vatl, represerrted bY G~9 Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and gardthereto. (PE~~'~~B) has a general circulation therein; that said newspaper has been published continuously and Hall planner: George Ruther ACTION: uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior MOTION: to the first publication of the annexed legal notice or advertisement and that said newspaper has SECOND: VOTE: p. A request for a final recommendation Published the requested legal notice and advertisement as requested. 40 mi°utes The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under of a proposed amendment to the Lionshead Rede- velopment Master Plan, pursuant to Section 2.8, Colorado's Home Rule provision. Adoption and Amendment of the Master Plan, Li- onshead Aedevelopment Masier Plan, to amend the Lionshead Study Area Boundaries, and Chap- ter 5. Detailad Plan Recommendations, to include That the annexed legal notice or advertisement was published in the regular and entire issue of every alesqfi gg2 g, 923e934ag~53,,9en~eorall ~~03d South FroMage Road WesULot 54 and Trect K ot number of said daily newspaper for the period of 1 consecutive insertions; and that the first ublication of Glen Lyon Subdivision, Tracts C and D, vail vil- P lage Fihng 2, and several unplatted parcels (a more complete legal description is available at the said notice was in the issue of said newspaper dated December 09 A.D. 2006 and that the last publication ~°h~~~; ;,,De~a e~Op(p s.~ °9 ApplicaM: Vad Resorts Deve~q cum text A~9uest tor a of said notice was in the issue of said newspaper dated December 09 A.D. 2006. ~ Town of Vail, and Glen Lyon O(f p~, v~;, to rme I eral Partnership a r~i ~ Code to ~ ACT ON: Wa ~ to nts and inG a usia MOTION: SE ulting~.6~ em~p~e ecjh In witness whereof has here unto set my hand this 21 st December, 2006 ~~s 30 minutes lb.~~~a,. mern in th, ) ~ in ref 3_ A request ior ApPlicant: ~ro the Vail Town Council, pursu T~n of Vail PUblISt1 I eneral ager ditor Amendment, Vail Town Planner G-amendments to Chapters ACTIpN. ~9 t 4-10, Design R' MOTION: Vail Town Code, t pelff` . SECO Subscribed and sworn to before me, a notar ublic in and for the CountY of Eagle, State of Colorado this require clau co 10. N6. vOTE: Y P structures within 12' extenor q FequeyY aft g F~,e oajor ExterioriAltepurs antf~oal` . details in re a ' 29th December, 2006. a1, ~n~, tO ~ a°"S ~eq ~ c imela ofry~e°W Land dtlitlons o 6~e~hons~2-7H i'p ~avarian~ 9e and 12-7H-15 ~~~72-71 40 minutes ~f ~ZoP~ ernyail Towa~~piO9 a Joan Schultz tion~Pat bcs ar~~ e~ndta °W fOrUar Notary Public t~~a'~S i«~ ~ a~ s~mu~m's maX; area pa 1. Vail ~ WL~ C~ ~ parcels ~~~tl Fiti ^Ge ~ 9 My Commission expires: November 1, 2007 3' ~ chan ?p Senn vail a - Lane' CO^~+aniumA ~atV and - (PE / - / 96 y^ 1S~M ~ MM_ e~e;s~ /ea J i • • 1800 • 'I PROOF OF PUBLICATION I n ~1i a - I STATE OF COLO1~DO } rLANNINGANDENVIRONMENTAL , } 5s. PUBLIC' MEETING COUNTY OF EAGLE } 5• 2OD6 , CommuratY DeveloDment DePer4neM Published December 22, 2006, in the Vail Daily I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same (68788) - Daily newspaper printed, in whole ar 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 December 22 A.D. 2006 and that the last publication of said notice was in the issue of said newspaper dated December 22 A.D. 2006. n In witness whereof has here unto set my hand this 21st December, 2006 f' Publish / ener tger/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 29th December, 2006. ~ , amela Joan Schultz Notary Public My Commission expires: November 1, 2007 ~