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HomeMy WebLinkAbout2007 PEC AUGUST 27 - SEPTEMBER 24PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING August 27, 2007 1:OOpm '~~N~F~~ TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Site Visits: 1. Solar Vail - 501 North Frontage Road West 2. Glen Lyon Office Building - 1000 South Frontage Road West 3. Selby Residence - 1463 Aspen Grove Lane Driver: Warren 10 minutes 1. A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend a platted building envelope, located at 1463 Aspen Grove Lane/Lot 8B, Block 2, Lions Ridge Filing 4, and setting forth details in regard thereto. (PEC07-0037) Applicant: Robert and Kristine Selby, represented by John G. Martin, Architect, LLC Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: 20 minutes Z. A request for a work session to discuss the potential redevelopment of the Glen Lyon Office Building to allow for a mixed use development to include dwelling units, office, employee housing units, and subterranean parking, located at 1000 South Frontage Road West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC07-0054) Applicant: Glen Lyon Office Building ownership, represented by Jay Peterson Planner: Nicole Peterson ACTION: MOTION: SECOND: VOTE: 15 minutes 3. A request for a final review of an exterior alteration or modification, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for an exterior renovation and the remodel of the third floor residence, located at 201 Gore Creek Drive (Bell Tower Building)/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0046) Applicant: Bell Tower Partners, Ltd., represented by VAG, Inc., Architects and Planners Planner: Scot Hunn ACTION: MOTION: SECOND: VOTE: Page 1 30 minutes 4. A request for a final recommendation to the Vail Town Council to discuss a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town • Code, to allow for the redevelopment of the Rucksack Building, located at 288 Bridge Street/Lot D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0039) Applicant: Jeffrey Selby ,Charles Rosenquist and Richard Brown, represented by Jay Peterson Planner: Scot Hunn ACTION: MOTION: SECOND: VOTE: 20 minutes 5. A request for a work session to discuss the potential redevelopment of Solar Vail to allow for a mixed use development to include employee housing units, office, and subterranean parking, located at 501 North Frontage Road West/Unplatted, and setting forth details in regard thereto. (PEC07-0052) Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler Planner: Scot Hunn ACTION: MOTION: SECOND: VOTE: 10 minutes 6. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed text amendments to Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of art, and to Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the grading standards, and setting forth details in regard thereto. (PEC07-0041) Applicant: Town of Vail Planner: Rachel Friede ACTION: MOTION: SECOND: VOTE: 15 minutes 7. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulation amendment to Chapter 12-21, Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards, and setting forth details in regard thereto. (PEC07-0053) Applicant: Town of Vail, represented by Tom Kassmel Planner: Rachel Friede ACTION: MOTION: SECOND: VOTE: 20 minutes 8. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendments, Vail Town Code, for proposed text amendments to Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code, to allow for amendments to regulations pertaining to outdoor display, sales signs, menu boards, and setting forth details in regard thereto. (PEC07-0043) Applicant: Town of Vail and Vail Chamber & Business Association Planner: Rachel Friede ACTION: • MOTION: SECOND: VOTE: Page 2 9. A request for a final approval of a preliminary plan for a major subdivision, pursuant to Chapter • 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two new lots necessary for the redevelopment of the properties known as "Ever Vaif" (West Lionshead), located at 862, 923, 934, 953, 1031 South Frontage Road West, and the South Frontage Road West right of way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC07-0020) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell ACTION Table to September 10, 2007 MOTION: SECOND: VOTE: 10. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning from Arterial Business District to Lionshead Mixed Use 2, located at 953 and 1031 South Frontage Road (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth Details in regard thereto. (PEC07-0021) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell ACTION: Table to September 10, 2007 MOTION: SECOND: VOTE: 11. Approval of August 13, 2007 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 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 24, 2007, in the Vail Daily. • Page 3 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 27, 2007 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 amend a platted building envelope, located at 1463 Aspen Grove Lane/Lot 8B, Block 2, Lions Ridge Filing 4, and setting forth details in regard thereto. (PEC07-0037) Applicant: Robert and Kristine Selby, represented by John G. Martin Architect, LLC Planner: Bill Gibson i. SUMMARY The applicant, Robert and Kristine Selby, represented by John Martin Architect, LLC, is requesting a final review of a minor subdivision to amend the existing building envelope configuration for Lot 8B, Lion's Ridge Filing 4 (1463 Aspen Grove Lane). Based upon Staffs review of the criteria in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval of the amended final plat subject to the findings and conditions noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Robert and Kristine Selby, represented by John Martin Architects, LLC, is requesting to amend the plat for Lot 8B, Lion's Ridge Filing 4 (1463 Aspen Grove Lane} to amend the existing building envelope configuration. The proposed amendment shifts the western portion of the envelope to the south (i.e. downhill). The applicant has stated that this amendment will improve the access and constructability of the building envelope area. This proposed amendment reduces the overall size of building envelope area by 0.9 sq.ft. from 7,950.4 sq. ft to 7,949.5 sq. ft. This proposed amendment will increase the setback from the westerly adjacent property from 20 feet to 26 feet at its nearest point. A vicinity map (Attachment A), the applicant's request (Attachment B), the existing plat for Lot 8, Lion's Ridge Subdivision Filing 4 (Attachment C), a topographic map of Lots 8 A&B Lion's Ridge Subdivision Filing 4 (Attachment D), and the proposed amended final plat for Lot 8B, Lion's Ridge Subdivision Filing 4 (Attachment E) have been attached for reference. III. BACKGROUND The Lion's Ridge Subdivision Filing 4 was originally subdivided under Eagle County jurisdiction in 1980. This subdivision was later annexed into the Town of Vail in 1987 and rezoned to Single Family Residential (SFR) District. 1 The Planning and Environmental Commission approved a resubdivision of Lot 8, Lion's Ridge Subdivision Filing 4, in October 2000. This resubdivision created Lots 8A, 8B, and • 8C. Lots 8B and 8C were created with platted building envelopes to control the location of future development on the site, while Lot 8C was created as an open space tract within the subdivision. On June 27, 2005, the Planning and Environmental Commission approved a similar amendment to the Lot 8B building envelope. Since the applicant did not record the plats associated with this approval, this approval has expired and is now void. Since 2005, the applicant has redesigned the configuration of the proposed house for Lot 8B; therefore, the applicant has submitted a new proposal to amend the building envelope. 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 12-6B: Single Family Residential (SFR) District {in part) 72-6B-7: PURPOSE: The single-family residential district is intended to provide sites for low density single-family residential uses, together with such public facilities as maybe appropriately located in the same district. The single-family residential district is intended to ensure adequate light, air, privacy and open space foreach dwelling, commensurate with single-familyoccupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate s-te development standards. TITLE 13: SUBDIVISION REGULATIONS (in part) 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 73-2-2 of this title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants maybe required to submit an environmental impact report if required by Title 12, Chapter 72 of this code. 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: The criteria for reviewing the plat shall be as contained in section 13-3-4 of this title. z ~ • VI. SITE ANALYSIS Lot size: Buildable site area: Zoning: Land Use Plan Designation: Current Land Use: Hazards: Development Standards Building Envelope Area Density Site Coverage (max.) GRFA (max.) Landscape Area (min.) Height (max.) Setbacks (min.) 60,244 sq. ft. (1.38 acres) 30,823 sq. ft. (0.71 acres) Single Family Residential (SFR) Medium Density Residential Undeveloped Medium Severity Rockfall and Excessive Slopes (i.e. >_30%) Allowed/Reauired 7,950.4 sq.ft. 1 dwelling + 1 EHU 12,049 sq.ft. (20%) 10,532 sq. ft. 36,146 sq. ft. (60%) 30 ft. / 33 ft. platted building envelope Proposed 7,949.5 sq.ft. no change no change no change no change no change see amended plat VII. SURROUNDING LAND USES AND ZONING, Land Use Zoning North: Open Space Natural Area Preservation South: Open Space Natural Area Preservation West: Residential Single Family Residential East: Open Space Natural Area Preservation VII. APPLICATION CRITERIA 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 amended final plat are outlined in Section 13-3-4, Vail Town Code, as follows: (7) The extent to which the proposed subdivision is consistent with a!I 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. This proposal reduces the overall size of building envelope area by 0.9 sq.ft. from 7,950.4 sq. ft to 7,949.5 sq. ft.. This proposal also modifies the shape of the envelope, but does not have any impact to the goals, objectives, or policies of the 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 the proposed amended final plat will comply with all applicable portions of the • Town of Vail Zoning Code. This is an existing lot and only the building envelope will be amended by this proposal. (3) The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff Response: The proposed amended final plat modifying the platted building will not negatively affect the workable relationship among land uses as the proposal will not alter the single family residential character of the neighborhood. The proposed amended final plat increases the setback from the westerly adjacent property from 20 feet to 26 feet. (4) The extent of the effects on the future development of the surrounding area; and Staff Response: This is an existing lot and only the building envelope will be amended by this proposal. The proposed amended final plat modifying the platted building envelope will not negatively affect the future development of the surrounding area as the proposal will not alter the single family residential character of the neighborhood (5) The extent to which the proposed subdivision is located and designed fo avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or resulf in a "leapfrog" • pattern of development; and Staff Response: This is an existing lot and only the building envelope will be amended by this proposal. The proposed amended final plat modifying the platted building envelope 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: This is an existing lot and only the building envelope will be amended by this proposal. The proposed amended final plat modifying the platted building envelope will not affect the current 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 modifying the platted building envelope will continue to allow for the orderly growth of the community and serves the interests of the community as the proposal will not alter the single family residential character of the neighborhood. i 4 • (8) The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff Response: Staff does not believe that the proposed amended final plat modifying the platted building envelope will result in any adverse impacts to any of the items listed in the above criterion. (9) Such other factors and criteria as the Commission and/or Council deem applicable to the proposed subdivision Staff Response: The Planning and Environmental Commission approved a similar request for this property on June 27, 2005 {PEC05-0043}. IX. STAFF RECOMMENDATION The Community Development Department recommends approval of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to the existing platted building envelope configuration, located at 1463 Aspen Grove Lane/Lot 8B, Lion's Ridge Filing 4, and setting forth details in regard thereto. his 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 approve this plat amendment, the Community Development Department recommends the Commission pass • the following motion: 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 an amendment to an existing platted building envelope, located at 7463 Aspen Grove Lane/Lot 88, Lion's Ridge Filing 4, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this plat amendment request, the Community Development Department recommends the Commission makes the following findings: "7. That the subdivision is in compliance with the criteria lisfed in Section 13-3-4- A, Vail Town Code, based upon the review outlined in Section Vll of the Staff's August 27, 2007, memorandum to the Planning and Environmental Commission. 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, based upon the review outlined in Section VIl of the Staffs August 27, 2007, memorandum to the Planning and Environmental Commission. 3. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, based upon the review outlined in Section Vll of the Staff's August 27, 2007, memorandum to the Planning and Environmental Commission. i 5 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, based upon the review outlined in Section Vll of the Staff's August 27, 2007, memorandum to the Planning and Environmental Commission." X. ATTACHMENTS A. Vicinity map B. Applicant's Request C. Topographic Survey for Lots 8 A&B, Lion's Ridge Subdivision Filing 4 D. Proposed Amended Final Plat, Lot 8B, Lion's Ridge Subdivision Filing 4 E. Public Notice • 6 • «: ~~ ,y,~~~ ~ ~° ~ ~_~; Selby Residence } ~~;~_'_, ~',~'~` ~~.-.: ~;{., Lot 8B, Block 2, Lions Ridge Filing 4 (1463 Aspen Grove Lane) s `. r'`3+f' ~ `. .~.. ~~`~ ~ ~y- ` ~ ~ ~'~ Planning and En~rironmental Commission -July 9, 2007 - c t~ ~, 4-~ ~, ~{,`, ~C J~ t r ~~_V. ~} ~ r ~ ~ ~ .. - A ~r~ ~ M 'v . , ° r _ '' ~ `r+t'r'~ r ~"'.~ . .rf n t r1.--~ a +sx '~ .i+ ~r's- ~ ~~_ _ ~ .~ ~t~ _~. ~~ ~'. ~l~ -'bra.' ~ _. ~ _ ._ y~'t ~~.`'~. ~~:.: ..a Js ~ c. r ~'.~~ l it.{ -. ,-+1 i:rrt ~ sr.i -~~-fi ~~.='^r.'S.t~L~.~. i.~,.. evii~• R~ AMC-.1. ' ~ ~e -.y1 .. ~'~ ,~ r~ry. ~ ,, f r ~ ~ a .mo _ . ': ~h't`ntrr fg ~ ~ , f .:. t y ,. ~ G !t ~:.~ ~ J~ ~~r! Sr~7~ ,~ r ~ Nr..J,~~ ~~fpV ~ ~ • ~' ~:. ~ ~ ~~-~., 3 ~ ~` c D ~ f3 ,,f f D ~~ ~$- Y~ :~ i - :':'..' • } ~;.q-w.r~~,:+"~aiW-~Mri. t!ar7.Ypt".S"~rr~C~3:!ia"";.~r~€s ~'e..i ~;.g. ra~ra;R~".Y'id'9i*fieLtt~,.... - ~L.ali ? i` ~ r~ ,sr~~ ~ ' ~~ws:te~.amnsr a~~. +. ~.. ~J e The mapwaz weated by the Town of V -I GIS workproup. Uzt of the maD should bt for pen eral purpoz ez on4. ~ ~ I Fnt The Town of Vail does not wanart tha aoauraq of the irdorma4on oontaoned herein. 0 ~ 100 3]0 (wMrea hown, parcel Me work s approxtnate)~ Attachment B Joy G rV'~~~-jr ~,~tp~.~ ~ P.O.Boa 4701 Phone: 970-328-0592 • aca~ w.aia way r~ooei~~ Fax: 970-328.4593 wgvw.jo6~rtiaau~m john.maMin(4~aatm7td.nd • To: Tawn of Vail - PEC Submittal Fnorrc John G Martin D~attn 6/10/2007 R~ Selby residence Lot 8B, Block 2, Loins Ridge filing 4, Buffehr Creek, 1463 Aspen Grove Lane Sul>j: APp~Cat~on fa' an Exemption Plat Review SuMnittal -Cove! L.etber To Whom It May Concern:, John G. Martin, Architect, LLC, on behalf of the owner Robert Selby, is respectfully requesting a change to the shape of the Building Envelope at Lot 8B, Lions Ridge Filing 4. The reason for the change is that the original Building Enveope is rather arbitrary in shape. It goes very high on the hillside, not taking into account the steep grades of the bt. The practicality of putting a house on the krt di..lol~ that that the building envelope be more parallel to the existing contour lines. Building Enveope Considerations; The actual square T~.~lage size of the ernek~pe has not changed. Existing Area = 7,950 sq. ft. Proposed Area = 7,950 sq. it. The building enveope continues to match the eastern and northern edges of the original building envelope. No part of the proposed envelope encroaches into rear or sideyard setback areas as • pertaining to Single-Famiy Residence zoning. The proposed envelope is cognizant of the neighboring house views towards the Gore Range and does not impede on that view any more than the original building envelope. Please see the attached diagram. If you have any questions, please contact us. Tha you, fix" ~_ ~n G. Martin • • Page 1 U U • '` f / ``~ n ~~; ~ _> / \ `: r -h ~ i ~ ~~ \ \ \ EXISTING BLDG. ~ ~ ~~ `\ ~Ol\ ENVELOPE ~``~` ~ ~ \ ~ ~,~q ~ ~ T`Pq~,T 7950 5Q FT. ` ~ ~ ~ \ '`~ PROPOSED BLDG \ • ~ ~ ~ a'~ ENVELOPE \ ` ~ / ~a"`i 1946.9 50 FT. / .~ ~ \, ` \ ~ \\ \\ \ ' ~ • i -.,/ ~ ~ ~ i .~ i r / ` / / ~/ /~ v' VIEW LINE FROM NEIGHBOR RESIDENCE GREAT ROOM TO EXISTING 6UILDING ENVELOPE CORNER. J ,~` ~ ~; ice-- - - ~ .i ~ ~ ~ I ~` /! ~S i J ~ ~ PROP05ED BUILDING ~~ I ~~ FOOTRP4NT ~ ~ \ `~_L `~\ ~ 1 ~~ ;~ I si _r ~ ~ ~" ~ m~LrOB4 - ]]POD' • Page 2 -s--J) ~ -J ~ ($ ALVGN AT ' ~~ CORNER ~ ~~ ~Y ~` ~ ~` 1 I ~I ~~ ptta~h'~`ent C ~ `~,`, ~ ~ t„ ~ ~- ~ ~~~ yypq~qq ~,~5 ~ x i b ~^iB~4° 4 ~ ? _ ~ ~ ~~ ~G7 4 8 ~~ ~ ;F:~ ~ ~ ~t(7 ~' Y M .,~v' y~ ~y~lf~, ~ ~4r ~ a i y.4 ~ ~ !r'. . W 4 _ '~ ~ 666 3 4 ~ \, `\ ppk / ~ ~ 6 1 ~ ~ ` ^ ~ ~ ~ s ~:; ~r t /d " S~ '9~ '~b'~^. 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(PEC07-0037) ~,~ y~ Applicant: Robert and Kristine Selby, represented by John G. Martin, Architect, LLC Planner: Bill Gibson A request for a final' recommendation to the Vail Town Council for a text amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. (PEC07-0040) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson A request for a final recommendation to the Vail Town Council for a major amendment to • a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 17, Ramshorn, to allow for the redevelopment of Ramshorn Lodge, located at Block 3, Vail Village 5th Filing and Tract F-1, Vail Village Filing 5, and setting forth details in regard thereto. (PEC07-0038) Applicant: Ramshorn Lodge, represented by Pylman & Associates, Inc. Planner: Scot Hunn 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 the redevelopment of the Rucksack Building, located at 288 Bridge Street/Lot D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0039) Applicant: Jeffrey Selby ,Charles Rosenquist and Richard Brown, represented by Jay Peterson Planner: Scot Hun 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 June 22, 2007, in the Vail Daily. Page 1 s • TO: Planning and Environmental Commission MEMORANDUM FROM: Department of Community Development DATE: August 27, 2007 SUBJECT: A request for a work session to discuss the potential redevelopment of the Glen Lyon Office Building to allow for a mixed use development to include dwelling units, office, employee housing units, and subterranean parking, located at 1000 South Frontage Road West/ Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC07-0054) Applicant: The Glen Lyon Office Building, General Partnership, represented by Jay Peterson, Attorney Planner: Nicole Peterson 1. SUMMARY This is an introduction to the project. The applicant, The Glen Lyon Office Building, General Partnership, represented by Jay Peterson is requesting a work session to discuss the potential redevelopment of the Glen Lyon Office Building at 1000 South Frontage Road West/ Lot 54, Glen Lyon Subdivision. As this is a request for a work session to discuss the applicant's two proposed redevelopment concepts, Staff will not be making a final recommendation to the PEC at this time. Staff is requesting that the PEC provide feedback and direction to the applicant regarding the two redevelopment concepts in Section II and the discussion issues outlined in Section V. II. DESCRIPTION OF THE REQUEST The applicant is seeking direction and comment regarding two proposed concepts for the redevelopment of the existing Glen Lyon Office Building Site. The two concept options are meant to facilitate the discussion of appropriate land uses and general building placement acid scale. Listed below are the key elements of the two concept options: • Option A: • Demolition of existing office building structure (14,000 gross floor area and 11,345sf of leasable office space) and surface parking lot. • Construction of 5 separate buildings containing the following: o Office: 11,000 sf 0 16 dwelling units: 45,000 sf 0 2 Employee Housing Units: 2,000 sf o Total above-grade floor area: 58,000 sf • Construction of a subterranean garage including: 0 81 parking spaces: 32,298 sf o Recreation area: 4,037 sf o Total subterranean floor area: 36,335 sf 1 Option B: • Demolition of existing office building structure (14,000 gross floor area and 11,345sf of leasable office space) and surface parking lot. • Construction of 5 separate buildings containing the following: o No office 0 18 dwelling units: 45,000 sf (2 more units than Option A) 0 2 Employee Housing Units: -2,000 sf (Same as Option A) o Total above-grade floor area: 47,000 sf (11,000 sf less than Option A) • Construct subterranean garage including: . 0 51 parking spaces: 23,627 sf (30 spaces less than Option A) o Recreation area: 4,332 sf (305 sf more than Option A) o Total subterranean floor area: -27,959 sf (305 sf more than Option A) A vicinity map (Attachment A) and conceptual architectural plans for both options A and B (Attachments B and C} have been attached for reference. BACKGROUND The Glen Lyon Subdivision was annexed into the Town of Vail by Ordinance 26, Series of 1975 which became effective December 16, 1975. The existing Glen Lyon Office Building was built in 1980. Minor remodeling permits for electrical, air system, interior reconfiguration and exterior improvements were issued in the years subsequent. The subject site is within Special Development District #4, Cascade Village, Area D. The site has undergone several amendments summarized in the timeline below: 1976: Original Cascade Village SDD approved. 1980: Glen Lion Office Building constructed. 1982: Property incorporated into the Arterial Business District. 1983: Approved SDD Amendment to change the allowable square footage from 13,000 to 25,000 sf and change front setback from 20 to 15 feet 1986: Approved Minor subdivision to create two lots from one. 1988: Approved SDD Amendment including 16,644 sf (sf) of additional office space, 3 dwelling units and an 8,000 square foot micro-brewery. Approved amendment to the Arterial Business district to allow amicro- brewery as a conditional use. -Project not implemented 1989: Approved SDD Amendment to add 2,800 sf of office with condition to bury utility lines. -Pro%ect not implemented 1990: Approved SDD Amendment for 400 sf office addition (enclosed an existing deck). 1995: Application for SDD Amendment for 7,781 sf office addition to existing building. -Withdrawn 1996: Application for SDD Amendment for 1 new additional building including 7,500 sf office space and 3,600 sf residence. -Withdrawn 1997: Application for SDD Amendment for 7,300 sf of residential townhomes and 5,400 sf of additional office. -Withdrawn 1999: Approved Major SDD Amendment for 37,000 sf office, 2 Employee Housing units and 2 levels of underground parking. -Project not implemented 2000: Application for, Major, SDD Amendment to add 12,000 sf of office, 4 condo units and 2 Employee Housing units. -Withdrawn • • 2 On November 27, 2006, the Planning and Environmental Commission held a public hearing to discuss the proposed amendments to the Lionshead Redevelopment Master Plan (LHMP) to include an area known as Ever Vail. At this hearing the Commission expressed concern about the inclusion of the Glen Lyon Office Building within the LHMP. On December 11, 2006, the Commission forwarded a recommendation of approval to the Town Council regarding the proposed amendments to the LHMP, which did not include the Glen Lyon Office Building property. IV. ZONING AND LAND USE Zoning: Land Use Designation Hazard Zones: Lot size: Adjacent Zoning: SDD #4, Cascade Village Area D Community Office None 78,307.8 or 1.8 acres North: Arterial Business District South: Natural Area Preservation District East: Natural Area Preservation &Lionshead Mixed Use 2 Districts West: Natural Area Preservation District Adjacent Land Use: North: CommUrllty Office (Existing Cascade Crossing building & Vail Professional Building) South: Open Space (Gore Creek) East: Lionshead Redevelopment Master Plan (Red Sandstone Creek & Eagle River Water and Sanitation Districf Office) West: Open Space (open space) V. DISCUSSION ISSUES Staff has identified the following 3 issues to be discussed at this work session: 1. Land Use. The proposed concepts are meant to facilitate discussion to determine if the proposed uses are appropriate for the site and compatible with the surrounding land uses. As the proposal moves forward, more details regarding exact square footage and placement of the structures will be determined. The current Comprehensive Plan Land Use is Community Office, which is defined in the Land .Use Plan as follows.: This area is to include 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. The definition above does not include residential, therefore either proposed options for redevelopment would require land use amendments. 2. Ever Vail. It is anticipated that the adjacent proposed Ever Vail redevelopment will be a mixed use development including approximately 350 residential units, 100 hotel 3 rooms, 20,000 sf of employee housing, 123,000 sf of retail /office and free-standing skier parking garage. The Ever Vail development proposal also includes the realignment of the South Frontage Road which requires participation from both CDOT and the Federal Highway Administration. The applicant's proposed redevelopment options coordinate with the existing frontage road configuration and the proposed re- alignment. 3. SDD (Special Development District). The proposal will move forward as an SDD Amendment. Titlel2, Chapter 9 of the Town Code provides for the establishment of Special Development Districts in the'Town of Vail. According to Section 12-9A-1, the purpose of a Special Development District is: "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." The Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed Special Development District. It shalt 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. Staff will provide a review of the following criteria at the time of final review. 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 B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Compliance with parking and loading requirements as outlined in Title 12, Chapter 10, of the Town Code. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. 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. • G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. .. _. 4 H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relatioriship throughout the development of the special development district. VI. STAFF RECOMMENDATION As this is a request for a work session to discuss the applicant's two proposed redevelopment concepts, Staff will not be making a final recommendation to the PEC at this time. Staff is requesting that the PEC provide feedback and direction to the applicant regarding the two redevelopment concepts in Section II and the discussion issues outlined in Section V. VII. ATTACHMENTS A. Vicinity Map B. Plans dated March 26, 2007 C. Public Notice LJ • 5 D D n 2 m z D <_ n Z_ -< D rn C] C; • ~WN OF VAIL ~' 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 August 27, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a work session to discuss the potential redevelopment of Solar Vail to allow for a mixed use development to include employee housing units, office, and subterranean parking, located at 501 North Frontage Road West/Unplatted, and setting forth details in regard thereto. (PEC07-0052) Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler Planner: Scot Hunn A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3- 7, Amendment, Vail Town Code, for a prescribed regulation amendment to Chapter 12- 21, Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards, and setting forth details in regard thereto. (PEC07-0053) Applicant: Town of Vail, represented by Tom Kassmel Planner: Rachel Friede A request for a work session to discuss the potential redevelopment of the Glen Lyon Office Building to allow for a mixed use development to include dwelling units, office, employee housing units, and subterranean parking, located at 1000 South Frontage Road West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC07-0054) Applicant: Glen Lyon Office Building ownership, represented by Resort Design Associates International Planner: Nicole Peterson 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 August 10, 2007, in the Vail Daily. • Attachment C b 9 ~~~ Page 1 Glen Lyon Office Building - Adjacents Town of Vail c/o Finance Department 75 S. Frontage Road Vail, CO 81657 Vail Resorts Development Company P.O. 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O ;, ~~_,: ti N 'I~ ~, ~' j ~. F~ 1 i e ~ ~ ° a° ~ ~ ~ ~ ~ 1<11~ ~ s~ ~ ~ ~~~ ~ v `.Sa o 3 ~ ~ ~ ~ ~ r ~ ~ ~ r ~ _ GLEN LYON OFFICE BUILDING ~~ ~~~~ ~ ~Y3N 7 ~~ '~~= o A s N O d a ~- hN~ ~ oZ~ 3 s ~ m Vail, Colorado , $~_~ ~ ~}80; m °°~ ~ oZ~ N N ~ ~ ~ ~~ MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 27, 2007 SUBJECT: A request for a final review of a Major Exterior Alteration or modification, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for an exterior renovation and the remodel of the third floor residence, located at 201 Gore Creek Drive (Bell Tower Building)/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0046) Applicant: Bell Tower Partners, Planners Planner: Scot Hunn I. SUMMARY Ltd., represented by VAg, Inc., Architects and The Applicant, Bell Tower Partners, Ltd., represented by David Weider and David Baum, VAg Inc., have requested a final review by the Town of Vail Planning and Environmental Commission of the proposed plans for a Major Exterior Alteration to the Third floor of the Bell Tower building, specifically Unit R-1, located in the Commercial Core 1 (CC1) zone district of Vail Village. (A vicinity map is attached as Attachment A). The remodel and addition project includes: o Re-configuration of the main living (floor) area of Unit R1, including reduction in GRFA due to addition of public access storage area o Loft level floor area expansion o Addition of new roof element(s) on south and north sides of the building and replacement of existing roof materials for entire structure; o Creation of two balconies, one engaged in the south facing roof and one located on the east elevation. Review is requested with regard to compliance of the proposed improvements relative to master plan recommendations, specific design guidelines and Code requirements applicable to any re-development of this prominent site. To this end, Staff has prepared a written analysis summarizing the requirements and guidelines outlined in: o The Town's Zoning Regulations o The Town of Vail Land Use Plan o The Vail Village Master Plan o The Vail Village Urban Design Guide Plan Requested Outcome The intended outcome of this meeting is for the Commission to take formal action on the development application, citing certain applicable findings and criteria as the basis for approval, approval with conditions, or denial of the application. To this end, Staff is recommending approval, with conditions, of the Major Exterior Alteration for the Bell Tower Condominium Building -Unit R1, as detailed in Section IX of this memo. DESCRIPTION OF THE REQUEST Purpose of Review The purpose of this meeting is to review final plans for a major exterior remodel and addition for Unit R-1 relative to the zoning regulations, master plan documents, as well as any site specific design guidelines outlined in the Vail Village Master Plan, the Vail Village Urban Design Guide Plan and the Town of Vail Streetscape Master Plan Addendum. Project Overview The attached plan sets (Attachment C) generally indicate proposed improvements including but not limited to: Third Floor Level • Interior renovation to existing space (no net loss of existing EHUs or bedrooms) with minimal exterior impacts (elimination of one exterior door and associated sidelight on south elevation. • Creation of vaulted space at existing living room, new window wall and associated open gable roof element. • 120 sq. ft. reduction in GRFA due to addition of public access storage area Loft Level • Interior renovation to existing space (no net loss of existing bedrooms) • 52 sq. ft. expansion/addition inclusive of: expanded and reconfigured floor space, pursuant to Section 12-15-4: Interior Conversions. • Creation of balcony and associated shed dormer roof element at bedroom (south elevation). • Creation of new windows and associated shed dormer roof element at bedroom (north elevation). • Creation of sitting area and new balcony on east elevation. In addition,. the Applicant has provided calculations on the plan set relative to gross residential floor area (GRFA) within the existing and proposed structure (Attachment C). Briefly (in part): Existing Proposed Decrease Total 5,468 sq. ft.~ 5,326 sq. ft. 120 sq. ft.** 2 Note: Existing GRFA for building is legal non-conforming. *" Total reduction in GRFA for Unit R1 is a result of creation of "public access storage" area (not counted in GRFA). Of note is the actual reduction in overall gross residential floor area (GRFA) proposed as a result of the creation of additional "public access storage" area. Also, the loft level expansions will not be counted toward Gross Residential Floor Area, as these improvements are permitted pursuant to Section 12-15-4, Interior Conversions. The Applicant proposes this renovation in order to gain a more functional floor plan and improve the quality of the residential use within the unit. There are two employee housing units (EHUs) existing, attached to this residential unit; no net loss of existing employee housing units is proposed with this remodel. Final review of the Bell Tower Condominium Building -Unit R1 re-development project will address regulations and guidelines provided in the following planning documents: 0 0 0 0 • o 0 A major exterior alteration application pursuant to section 12-7B-7 of Title 12, Town of Vail Municipal Code Town of Vail Municipal Code The Town of Vail Land Use Plan The Vail Village Master Plan; The Vail Village Urban Design Guide Plan; The Town of Vail Streetscape Master Plan Addendum III. BACKGROUND The Project This project represents the comprehensive interior renovation of Unit R-1, Bell Tower Building, Lot A, Block 5B, Vail Village, Filing 1. This development site is generally located in the Commercial Core 1 zone district, within the historic Vail Village, at the mid-block section of Gore Creek Drive and adjacent to the Children's Fountain Plaza. This area is further identified within the "Mixed Use" land use designation of the Vail Village Master Plan (Land Use Plan), and is more specifically addressed as part of the "Commercial Core 1 Sub-Area #3". This sub-area is described (in part) as follows: "The core area, with it's predominantly Tyrolean architecture, is the site of the earliest development in Vail. Over time, a need fo upgrade and improve infrastructure such as loading and delivery facilities, drainage, paved surfaces and other landscape features has become apparent. Many improvements to public spaces will be addressed as part of an overall streetscape improvement project. There is also the potential to initiate a number of these improvements in conjunction with private sector development projects." • Building History and Existing Conditions • The Bell Tower building, originally constructed in the mid-late 1960's as the "Schober Building" (named for the developer, Mr. Manfred Schober), has been remodeled several times starting in 1973 to add, expand, renovate or reconfigure existing commercial and/or residential space and was further subdivided in 1989 to create the "Bell Tower Condominiums". In 2001, the second floor commercial/office uses were converted to residential uses. The combined total area of the site (Lot A) is approximately .14 acres (6,098 sq, ft.) in size. Building Height and Guide Plan Conformance In 1990, plans for a major exterior alteration on the top floor (Unit R-1) were denied. The plans proposed the addition of a fifth floor on the north side of the building, and creating a prominent flat roof element. At that time, it was determined that the existing building was non-compliant with the Town's height regulations; calculations indicated that approximately 51 % of the building was over a maximum allowed height of 33'; the Guide Plan allows a maximum of 40% of the building to be between 33' and 43'. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning & Environmental Commission, Design Review Board, Town Council, and Staff with regard to applications submitted on behalf of the Applicant(s). A. Exterior Alteration/Modification in the Commercial Core 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. Plannina and Environmental Commission: The PEC shall review the proposal for: - Conformance with development standards of zone district - Lot area - Setbacks - Building Height - Density - GRFA (if applicable) - Site coverage - Landscape area - Parking and loading - Compliance with the goals and requirements of the Vail Village Master Plan, the Streetscape Master Plan, and the Vail Comprehensive (Land Use) Plan - Compliance with the Vail Village Urban Design Guide Plan and Vail Village Design Considerations with respect to the following: • - Pedestrianization 4 • _ Vehicular penetration Streetscape framework - Street enclosure - Street edge - Building height - Views - Service/delivery - Sun/shade analysis Action/Responsibility: The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." Design Review Board: Action: The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. The Design Review Board does however make a recommendation to the Planning and Environmental Commission on any deviations proposed to the architectural design guidelines . prescribed in the Vail Village Master Plan as well as the Vail Village Urban Design Guide Plan. The DRB is responsible for evaluating the proposal for: - Architectural compatibility with other structures, the land and surroundings - Fitting buildings into landscape - Configuration of building and grading of a site which respects the topography - Removal/Preservation of trees and native vegetation - Adequate provision for snow storage on-site - Acceptability of building materials and colors - Acceptability of roof elements, eaves, overhangs, and other building forms - Provision of landscape and drainage - Provision of fencing, walls, and accessory structures - Circulation and access to a site including parking, and site distances - Location and design of satellite dishes - Provision of outdoor lighting - Compliance with the Vail Village Urban Design Guide Plan and design considerations 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 applicable master plans and site specific design guidelines. Staff • provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Municipal Code. Title 12 Zoning Regulations Chapter 7 -Commercial and Business Districts, Article B, Commercial Core 1 (CC1) District (in part) 12-7B-1: PURPOSE: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges • and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended fo ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly c/ustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12-7B-7: EXTERIOR ALTERATIONS OR MODIFICATIONS (in part): A. Subject To Review: The construction of a new k~uilding, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the Planning and Environmental Commission (PEC) as follows (in part): 5. 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. • 6 • 12-7B-20: VAIL VILLAGE URBAN DESIGN PLAN (in part): A. Adoption: The Vail Village Urban Design Guide Plan and design considerations are adopted for the purposes of maintaining and preserving the character and vitality of the Vail village (CC?) and to guide the future alteration, change and improvement in CC9 district. Copies of the Vail village design guide plan and design considerations shall be on file in the department of community development. Chapter 11 -Design Review 12-11-1: PURPOSE (in part): C. Design Review: Therefore, in order to preserve the natural beauty of the town and its setting, to protect the welfare of the community, to maintain the values created in the community, to protect and enhance land and property, for the promotion of health, safety, and general welfare in the community, and to attain the objectives set out in this section; the improvement or alteration of open space, exterior design of all new development, and all modifications to existing development shall be subject to design review as specified in this chapter. Town of Vail Municipal Code, Title 13 Subdivision Regulations 13-1-2: PURPOSE (in part): • A. Statutory Authority: the subdivision regulations contained in this Title have been prepared and enacted in accordance with Colorado Revised Statutes title 31, article 23, for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the Town. Chapter 6 -Condominium and Townhouse Plats 13-6-1: PLAT APPROVAL PROCEDURE (in part):, A. General Qualifications: Condominium and townhouse plats which do not constitute "conversions" from rental as defined in section 13-7-2 of this title may be approved by the administrator, subject to department of public works review. Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in • the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses 7 which are then used to develop the Vail Land Use Map. The Land Use Plan is • not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. Goals and Policies (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. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns • 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 3.0 Commercial 3.4 Commercial growth should be concentrated .in existing commercial areas to accommodate both local and visitor needs.. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More nighttime businesses, on-going events and sanctioned "street happenings" should be encouraged. 4.0 Village Core / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and • should be preserved. (scale, alpine character, small town feeling, • mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 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 limifed incentives, provided by the Town of Vail with appropriate restrictions. 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. Vail Village Masfer Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Furthermore, the Master Plan provides a clearly . stated set of goals and objectives outlining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision- making in achieving each of the stated objectives. The Bridge Steet Building is located within the Commercial Core 1 Sub-Area #3 of the Master Plan. The Vail Village Master Plan is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. Further, the Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Contained within the Vail Village Master Plan are goals for development in Vail Village. The goals are summarized in six major goal statements. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of • private sector development proposals, or in implementing capital improvement projects. (Listed in part): 9 Goal #1 Encourage high quality redevelopment while preserving the . unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. 1.3 Objective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 1.3.1 Policy: Public improvements shall be developed with the participation of the private sector working with the Town. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found in the 10 sub-areas throughout the Village and allow for deve/opmEanf that is compatible with these established land use patterns. 2.2 Objective: Recognize the "historic" commercial core as the main activity center of the Village. • 2.2.1 Policv: The design criteria in the Vail Village Design Guide Plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of Vail Village. 2.4 Objective: Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 Policv: Commercial infill development, consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible green spaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.5.2 Policy: The Town will use the maxirrdum flexibility possible in the interpretation of building and fire codes in order to facilitate building renovations without compromising life, healfri and safety considerations. 2.6 Objective: Encourage the development of affoi dable housing units through • the efforts of the private sector. 10 • 2.6.1 Policv: Employee Housing; units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Objective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policv: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighfing and seating areas), along adjacent pedestrian ways. 3.1.3 Policv: 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 greeenspace opportunities 4.1 Objective: Improve existing open space areas and create new plazas with greenspace and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.2 Policv: The development of new public plazas, and improvements to existing plazas (public art, streetscape features, seating areas, etc.) shall be strongly encouraged to reinforce their roles as attractive people places. Goal #6 To insure the continued improvement of the vita! operational elements of the Village. 6.2 Objective: Provide for the safe and efficient functions of fire, police and public utilities within the context of an aesthetically pleasing resort setting. 6.2.2 Policv: Minor improvements (landscaping, decorative paving, open dining decks, efc.), maybe permitted on Town of Vail land or righf-of--way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at current levels. Special design (i. e. heated pavement), maintenance fees, or other considerations maybe required to offset impacts on Town services. • 11 Vail Village Urban Desion Guide Plan • This Guide Plan represents collective ideas about functional and aesthetic objectives for Vail Village. Diagrammatic in nature, the Guide Plan is intended to suggest the nature of improvements desired. It is based on a number of urban design criteria determined to be appropriate for guiding change in the Vail Village. The Guide Plan is intended to be a guide for current planning in both the public and private sectors. Design considerations relative to redevelopment within the Commercial Core, specific to residential building expansion and specific to the Bell Tower Condominiums, are as follows: D. STREET ENCLOSURE (in part): While building facade heights should not be uniform from building to building, they should provide a comfortable enclosure for the street. an external enclosure is most comfortable where its walls are approximately % as high as the width of the space enclosed; if the height is greater than the width, it comes to resemble a canyon. In actual application, facades are seldom uniform in height on both sides of the street, nor is this desired. Thus, some latitude is appropriate in the application of this % -to - 1 ratio. • In some instances, the `canyon' effect is acceptable and even desirable - for example as a short connecting linkage between larger spaces - to give variety to the walking experience. F. BUILDING HEIGHT (in part): Basically, the Village Core is perceived as a mix of two and three story facades, although there are also four and five story buildings. The mix of building heights gives variety to the street, which is desirable. The definition of height shall be as it is in the Vail Municipal Code. Building height restrictions in Commercial Core 1 shall be as follows: 1. Up to 60% of the building (building coverage area) maybe built to a heighf of 33 feet or less. 2. No more than 40% of the building (building coverage area) may be higher than 33 feet, but not higher than 43 feet. SUN/SHADE (in part): All new or expanded buildings should not substantially increase the spring and fall shadow patfern (March 21 through September 23) on adjacent properties or the public R.O. W. • 12 • ARCHITECTURAULANDSCAPE CONSIDERATIONS (in part): ROOFS (in part): Where visible, roofs are often one of the most dominant architectral elements in any built environment. In the Village, roof form, color and texture are visibly dominant and generally consistent, which fends fo 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 roofs which tend to stand out individually or distract visually from the overall character. ROOF FORMS (in part): 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. PITCH (in part): Roof slopes in the Village typically range from 3:12 to 6:12, with slightly steeper pitches in limited applications. OVERHANGS (in part): • 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. Overhang details are treated with varying degrees of ornamentation. Styructural elements sucks as roof beams are expressed beneath the overhangs, simply or decoratively carved. The roof fascia is (hick and wide, giving a substantial edge to the roof. COMPOSITIONS (in part): 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. BALCONIES (in part): Balconies occur on almost all buildings in the village which have at second level facade wall. As strong repetitive features they: - give scale to buildings - give life to the street (when used) - add variety to building forms - provide shelter to pathways below 13 The prominence of balcony forms is due to several fairly common characteristics: Color They contrast in color (dark) with the building, typically matching the trim colors. VI 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 usable size and located to encourage use. Balconres less than six feet deep are seldom used, nor are those always in shade, not oriented to view 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 impact which ties the Village together. Materials Wood balconies are by far the most common. Vertical structural members are the most dominant visually, often decoratively sculptE~d. Decorative wrought iron balconies are also consistent visually where the vertical members are close enough to create semi-transparency. 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. ZONING ANALYSIS Staff has completed a zoning analysis of the proposal in relation to the land use requirements outlined in Title 12, Zoning Regulations of the Vail Town Code. A summary of the analysis is provided below: Street Address: 201 Gore Creek Drive Parcel Number: 210108263013 Zoning: Commercial Core 1 (CC1) zone district Land Use Plan Designation: Mixed Use Current Land Use: Mixed Use Development Development Standard Allowed/Required Existing Buildable Lot Area: 5,000 sq. ft. (min.) 6,098 sq.ft. Setbacks: None Required (or unless specified otherwise in the WMP') " Building Height: 60% at 33 ft. or less 48% @ <33' 40% at 33 ft. to 43 ft. 52% @ >33' Proposed No Change No Change No Change** C] • 14 • Density: DUs- 25 D.U.s/acre. or 3.5 units 2 No Change AUs- 50 A.U./acre None No Change EHUs Unlimited 2 No Change GRFA***/**** 80% or 5,468 sq. ft. 5,326 sq. ft 4,878 sq. ft. Site Coverage: 80% (max.) or 5, 468 No Change 4,878 sq. ft. Landscape Area: Per the Vail Village Urban Design Guide Plan Parking: 1.4 spaces/D.U. Pay-in-Lieu No Change Loading: 1 berth up to None No Change 100,000 sq. ft. Residential floor area; plus 1/every 50,000 sq. ft. over 100,000 sq. ft.; or, 1 berths Notes: * Setbacks vary around the development site depending on the location of the "build-to-line" • specified in the Vail Village Master Plan. ** The Applicant proposes new roof forms within the height range of 33' to 43'; staff interprets that such new roof forms do not add to the percentage of "building coverage area" between 33' and 43' and therefore do not increase the percent of building within that height range. *** Building (GRFA) is currently legal, non-conforming **** Loft area expansion results in no increase to GRFA per section 12-15-4. Interior Conversions; addition of new public access storage results in net reduction in GRFA, thus reducing the existing non-conformity VII. SURROUNDING LAND USES Land Use Zoning North: Mixed Use Development Commercial Core 1 (CC1) South: Mixed Use Development Commercial Core 1 (CC1) East: Children's Fountain Plaza Outdoor Recreation (OR) West: Mixed Use Development" Commercial Core 1 (CC1) Note: * Adjacent building(s) located to the west of this site (zero lot line) may be impacted by this proposed redevelopment; applicant will be required to meet all code requirements relative to zero lot line development and the Applicant is advised that coordination with adjacent property owners will be critical to the successful re-development of this site. • 15 VIII. CRITERIA AND FINDINGS 12-78-7: EXTERIOR ALTERATIONS OR MODIFICATIONS • 6. Compliance with Comprehensive Applicable Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission thai:: The proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in section 12-7B-1 of this article; Staff response: Staff believes that the proposed exterior alteration is in compliance with the purposes of the CC1 zone district. Specifically, the Applicant has proven that the proposed plans are consistent with the purposes of the District, and actually reduce the Gross Residential Floor area, thus reducing a legal, non-conforming situation relative to existing and allowable GRFA. 2. The proposal is consistent with applicable elements of the Vail Master Plan, the Town of Vail Streetscape Master Plan, and the Vail Comprehensive Plan; Staff response: Staff believes that the proposed exterior alteration is consistent with all • applicable elements of the Vail Master Plan, the Town of Vail Streetscape Master Plan, and the Vai! Comprehensive Plan. Specifically, the proposed remodel to the third floor residential unit R-1 proposes high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. Further, the Vail Village Master flan calls for structures within this area of the CC1 zone district to be built to a maximum building height of 3-4 stories (9' floor heights) and encourages varied roof forms within this range (3-4 stories); the proposal, as viewed from the South elevation maintains a 4-story appearance and adds variation to the roof form and eave lines. 3. The proposal does not otherwise negatively alter the character of the neighborhood; Staff response: Staff believes that the proposed exterior alteration does not otherwise negatively alter the character of the neighborhood. The addition of gable and shed roof forms (dormers and open gable forms), when viewed in context with surrounding development, is consistent with and/or will improve the quality and design characteristics of the surrounding neighborhood. Specifically, the open gable form proposed on the South elevation is consistent with similar farms evident at structures located to • the South, West and East of the Bell Tower Condominiums. Further, view 16 • corridors will not adversely be impacted, and asun/shade analysis has been provided demonstrating that the additions will not significantly increase shadow patterns within adjacent public spaces. 4. The proposal substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations, to include but not be limited tv, the following urban design considerations: pedestrianization, vehicular penetration, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sunlshade analysis; and, Staff response: Staff believes that the proposed exterior alteration, in general, substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations, specifically with the following applicable design considerations: Street Enclosure Street Edge Building Height Views Sun/Shade • Building Height and Guide Plan Conformance In 1990, plans for a major exterior alteration on the top floor (Unit R-1) were denied. The plans proposed the addition of a fifth floor on the north side of the building, and creating a prominent flat roof element. At that time, it was determined that the existing building was non-compliant with the Town's height regulations; calculations indicated that approximately 51 % of the building was over a maximum allowed height of 33'; the Guide Plan allows a maximum of 40% of the building to be between 33' and 43'. Staff and the Applicant concur that the existing building is non-compliant with the stated height regulations (legal non-conforming). However, Staff and the Applicant believe that the Guide Plan and the Vail Village Master Plan allow for (and encourage) varied roof forms to be permitted within the height range of 33' to 43', without adding "building coverage area" and without increasing the non-conformity. Although previous Staff and Commission interpretations should be taken into account for reasons of consistency, Staff recommends that this proposal be reviewed on its own merits and that the PEC review the Guide Plan - "Building Height" and the Vail Village Master Plan (page 31, "Conceptual Building Height Plan") in order to discuss how this proposal meets the intent and requirements of the Vail Comprehensive Plan. • 17 5. The proposal substantially complies with all other elements of • the Vail Comprehensive Plan. Staff response: Staff believes that the proposed exterior alteration complies with all other elements of the Vail Comprehensive Plan. IX. STAFF RECOMMENDATION Staff recommends that the Planning and Environmental Commission approve, with conditions the Final Plans for Major Exterior Alteration of Unit R-1, Bell Tower Condominiums. Staff suggests the foNowin~g conditions be made part of any Planning and Environmental Commission motic,n to approve: 1. The Applicant shall be required to provide a building code and fire code analysis with any submittal for building permit`. 2. The Applicant shall resolve all issues regarding drainage from the existing and proposed building on to adjacent properties; the provision of gutters, downspouts and other drainage methods may be required as revisions to building permit set of drawings with any building permit application. 3. The Applicant shall ensure that all new materials, sizes, textures, detailing and colors blend or compliment those materials not being replaced and that any portions of the building that need repair and/or replacement are included in the scope of this project in conjunction with any Design Review application. 4. The Applicant shall be required to submit a detailed and final lighting plan, showing all existing light fixtures to be removed, as well as all new fixture locations, fixture types and lumens/output; such plan should be accompanied by cut sheets for each proposed fixture. X, ATTACHMENTS A. Vicinity Map 6. GRFA Calculation Memo by Applicant C. Reduced Plan Set by Applicant • 18 • • • Attachment A 19 Attachment B Scot Hunn - Bell Tower GRFA clarification From: "David Baum" • TO: Date: 08/10/2007 11:46 AM Subject: Bell Tower GRFA clarification Cc: "Anne F. Gunion" "David Wieder" Scott: I have met with Anne this AM to discuss the question you raised at our meeting yesterday regarding the size of the EHU units in the Bell Tower Building. Hopefully this email will provide adequate clarification: ^ Sheet A0.2B reflects the conditions during our Second Floor Interior Conversion in 2001. At the time we did not have as-built drawings for the third Floor and did not verify the GRFA as it was outside the scope of the project. The size of the EHU shown was provided through either the Town or other documents and was never field verified. Sheet A0.2C reflects the current conditions. We now have completed as-built documentation of this level and the true measurement of floor area associated with these units is reflected on this sheet. I have no further insight as to why the EHU sizes were shown larger, but Anne speculated that perhaps a loft of other type space was included in the talcs at one time. I hope this helps. Please feel free to contact me with questions or comments. David Baum Senior Project Architect • davidb@vagarchitects. tom VAg, Inc. Architects & Planners 970.949.7034 PO Box 1734 970.949.8134 fax Vail, CO 81658-1734 The preceding a-mail message (including any attachments) contains infotmatio^ that is confidential and is protected by architect-client or other privileges, or constitutes non- public information. It is intended to be conveyed only to the designated recipient(s). If you arc not an intended recipient of this message, please notifi' the sender by replying to this message and then delete it from your system. 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I I_~ - - __ - - ~ - ~ ~- ~ y o i _~ I__ ~~ \ - _ I I --, I I I- o-~ ~ I ~__ ~~ I I i .I I ~ i ' -l I - I~ _ - - -- I I~- _ - I I ~I I I ~ I I ~ ~ -~L _r~1I `. - OI~'m ~ -~-LI1 I I I - _ _ I I -/ a %~LI I I I I I I. ~ I I - I' ~~ ~ I I I .1 I. .I ~ c:~ ~~ i I I - - -r ~ r ' I Iv w I I ~ a ~gg o I I I ' I I I O C ~ ~ ~ -. eo ~ pO QQ ~~ 6~ »~ w yo ao iu~ V~ Sp ~=1 S~j _ a I I 1 I 1 1 i a ~ o 0 p 8~ ~ =t ~x0 - O~ ~~ ~~ mA m~ ~'" N~ 8 =~ _~ m .89 . t~ DDDDDD w ~ ~ ~ ~ ,~ a _ + ~ A The Bell Tower Third Floor Remodel s - ~ _ ~~ = y ' i.~ _ o ~` y = ' q ' ~ ~ 201 Gore Creek Drive _ • 5 "-' -- ~ °_ - - } ~~ t ~ ~ A" e a ` 5 Vail, Colorado ~ - ~ i~ ~"~ ~~ - ~4 :- '~ ~ ~~ m e - ~ - n • • • • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 27, 2007 SUBJECT: 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 the redevelopment of the Bridge Street Building, (a.k.a. "Rucksack Condominium Building"}, located at 288 Bridge Street, Lot D, Block 5, Vail Village Filing 1. (PEC07-0039) Applicant(s): Jeffry B. Selby, represented by Jay Peterson Planner: Scot Hunn SUMMARY The Applicant(s), Jeffry B. Selby, Charles H. Rosenquist, and Richard N. Brown represented by Jay Peterson, have requested final review for a Major Exterior Alteration in the Commercial Core 1 (CC1) zone district of Vail Village. The • Bridge Street Building remodel and addition project includes: o Expansion of Level One (street level) and second level floor area by approximately 460 sq. ft. o Demolition and/or renovation of existing exterior stairs on West (Bridge Street} side of the building o Renovation/Repair of existing stairs and decks on East (Mill Creek) side of the building o Remodel of existing stairwell on South side of the building o Demolition and/or renovation (including code compliance updates) of existing commercial spaces on lower, main and second levels o Renovation and expansion of Level One (street level} commercial space including revised entry o Renovation and expansion of Level Two office space o Addition of new roof element on west side of building and replacement of existing roof materials and assemblies for entire structure o Addition of elevator on North side of building o Removal and replacement of existing building (tenant) signage Final Plan review is requested with regard to master plan recommendations, specific design guidelines and Code requirements applicable to any re- development of this site. To this end, Staff has prepared a written analysis summarizing the requirements and guidelines outlined in: • o The Town of Vail Land Use Plan o The Vail Village Master Plan o The Vail Village Urban Design Guide Plan • o The Town of Vail Streetscape Master Plan Addendum, and o The Town's Zoning Regulations Requested Outcome The intended outcome of this meeting is for the Coimmission to take formal action on the development application, citing certain applicable findings and criteria as the basis for approval, approval with conditions, or denial of the application. To this end, Staff's is recommending approval, with conditions, of the Major Exterior Alteration for the Bridge Street Building, as detailed in Section IX of this memo. II. DESCRIPTION OF THE REQUEST Purpose of Review The purpose of this meeting is to conduct a final plan level of review relative to the Bridge Street Building project's conformance with relevant zoning and development regulations prescribed for re-development within the Commercial Core Area 1 zone district. Also, the Planning and Environmental Commission will be asked to review the proposal for compliances with applicable master plan documents, as well as any site specific design guidelines outlined in both the Vail Village Master Plan, the Vail Village Urban Design guide Plan and the Town of Vail Streetscape Master Plan Addendum. Project Overview • The attached plan sets (Attachment B) submittESd by the Applicant generally indicate proposed improvements including but not (limited to: Lower Level -Unit C1 (Basement -Currently Joe's Famous Deli) • Code compliance update (sprinkler system) to existing Joe's Deli space Level One -Unit C2 (Street Level -Currently Rucksack Retail Space) • Demolition and remodel to existing exterior materials and architectural detailing • 121 sq. ft. expansion/addition inclusive of an expanded and reconfigured front entry • Addition of elevator on the North side off the building • Relocation of an existing steel stair case on the South side of the building and replacement with heated stone stairwell • Creation of two (2) stone veneer support columns at or adjacent to public right-of-way (Bridge Street) and integrated into the existing Joe's Deli stairwell Level Two -Unit C3 (Currently Real Estate 01fce Space) • Demolition and remodel to existing exterior materials and detailing inclusive of: new siding, new roof elE:ment on west elevation, roof replacement, as well as new trim, fascia, soffits, windows, doors and • balconies 2 • Raised roof (ridge and eaves) height by approximately 4' over existing second floor office • 339 sq. ft. expansion/addition on West (Bridge Street) side of building over existing Joe's Famous Deli stairwell • Addition of elevator on the North side of the building • The elimination of exterior staircase and wood balcony structure on the West (Bridge Street) side of building • No change to residential condominium Unit 1 Level Two/Three -Unit R1 (Residential Condominium Unit) • Demolition and remodel to existing exterior -repair and replacement of stucco and vertical board and batten siding, and windows to match all other exterior alterations proposed on north, south and west elevations • Addition of balcony on West elevation • No change to interior space for residential Unit R1 Level Four - Unit R2 (Residential Condominium Unit and Tower of Condominium Unit) • Remodel/Repair to existing exterior -repair and replacement of stucco and vertical board and batten siding (where needed) to match all other exterior alterations (colors) proposed on north, south and west elevation • No change to interior space for residential Unit R2 • The Applicant proposes this re-development in order to gain a more functional floor plan by expanding and reconfiguring commercial (retail) and office floor area and raising finished floor levels. No expansion or alteration of residential GRFA is proposed. Therefore, a primary goal of any re-development of this site will be to increase both retail and office space (gross floor area) while bringing the entire building into compliance with current building and/or fire codes and generally improving the exterior appearance of the building. The Applicant has provided calculations on the plans relative to gross commercial/office floor area within the existing and proposed structure. Briefly: Existing Proposed Increase Total 7,277 sq. ft. 7,737 sq. ft. 460 sq. ft. Of note since the initial (conceptual) review performed by the Planning and Environmental Commission are revisions to the plans for the second level space. The Applicant now proposes to raise the finished floor elevation of the second ~, level office space by approximately 3 -4 ,thus causing corresponding increases to the height of the roof structure (ridge and eaves) by approximately 4'. As well, the Applicant has revised the plans for a new roof element on the West elevation, changing the form from a clipped gable, to an open gable form in response to conceptual review comments by both Staff and the PEC. • 3 Final review of the Bridge Street Building re-development project will address • regulations and guidelines provided in the followings planning documents: o A major exterior alteration application pursuiant to section 12-76-7 of Title 12, Town of Vail Municipal Code 0 12-18: Nonconforming Sites, Uses, Structures and Site Improvements 0 12-22: View Corridors o Town of Vail Municipal Code o The Town of Vail Land Use Plan o The Vail Village Master Plan; o The Vail Village Urban Design Guide Plan; o The Town of Vail Streetscape Master Plan ,Addendum III. BACKGROUND The Project The Bridge Street Building re-development project is the comprehensive re- development of Lot D (Parcels 1 and 4, Rucksack Condominiums), Block 5A Vail Village, First Filing. This prominent development site is generally located in the center of the Commercial Core 1 zone district, wiilhin the historic Vail Village, at the mid-block section of Bridge Street, adjacent to the Red Lion condominium building. This area is further identified within the "Mixed Use" land use designation of the Vail Village Master Plan (Lund Use Plan), and is more specifically addressed as part of the "Commercial Core 1 Sub-Area #3". This sub-area is described (in part) as follows: • "The core area, with it's predominantly Tyrolean architecture, is the site of the earliest development in Vail. Over time, a need to upgrade and improve infrastructure such as loading ar~d delivery facilities, drainage, paved surfaces and other landscape features has become apparent. Many improvements to public spaces will be addressed as part of an overall streetscape improvement project. There is also the potential to initiate a number of these improvements in conjunction with private sector development projects." Building History and Existing Conditions The Rucksack Condominium building was origiinally constructed in the early 1960's, has been remodeled several times startling in 1966 to add or expand commercial and residential square footage and was further subdivided in 1978 to create the "Rucksack Condominiums". The combined total area of the site (Lot D) is approximately .0943 acres (4,108.85 sq. ft.) in size. The minimum lot size within the CC1 zone district is 5,000 square feet; as well, portions of the building are built closer to Mill Creek than are permitted by the Town of Vail Supplemental Regulations (12-14-17, Setbacks to Watercourses;). For these reasons, the lot is considered legal-nonconforming. Therefore, the lot and structure are considered legal non-conforming and any proposal to either increase site coverage or decrease the distance between the building and the centerline of Mill Creek may require a variance request. No such request is required at this time as the Applicant has revised the plans to remove any encroachments from stream setbacks and has limited any new site coverage to remain under the 80% allowed. 4 • View Corridors The Rucksack Building is specifically referenced in Chapter 22, View Corridors, of the Vail Town Code, as a prominent feature identified in (adopted) View Corridor #1. Final Plan Submittal The Applicant has submitted final plans for review. Overall, Staff suggests that the level of detail and information provided for this stage of review by the PEC is generally adequate to discuss overall issues of building design, setbacks and feasibility of the project, as well as any specific concerns or opportunities relative to bulk, mass, building height, exterior materials and detailing and any associated issues of code compliance. Since initial presentation of conceptual plans by the Applicant in July of 2007, the Applicant has done the following to address initial concerns identified by Staff: • Met with the Town of Vail Chief Building Official and Fire Marshal to identify Code related issues relative to proposed building improvements and expansions; code issues remain and shall be resolved prior to or concurrent with any building permit application • Met with Rucksack Condominium ownership to discuss the proposed plans; plans have been revised several times to both address specific concerns presented by residential ownership in the building and bring more of the • exterior portions of the entire building into the scope of the remodel project • Provided a building height analysis (per the Vail Village Urban Guide Plan) • Provided a Site Plan showing existing and proposed site coverage • Provided an updated sun/shade analysis reflective of current building roof forms and heights • Revised plans to address architectural issues related to front (Bridge Street) facade, specifically redesigning the proposed (new) gable roof form, window and divided light patterns on the second floor • Revised plans to address issues related to 'transparency' at the street level; increased the size of windows at level one commercial space facing Bridge Street • Revised plans to ensure that existing streetscape area between Rucksack and the Ski Bar entrance remains open and functional as an area of pedestrian/street level activity • Revised plans to add higher level of architectural relief and detailing on north elevation IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning & Environmental Commission, Design Review Board, Town Council, and Staff with regard to applications submitted on behalf of the Applicant(s). A. Exterior Alteration/Modification in the Lionshead Mixed-Use I • zone district 5 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: The PEC shall review the proposal for: - Conformance with development staindards of zone district - Lot area - Setbacks - Building Height - Density - GRFA (if applicable) - Site coverage - Landscape area - Parking and loading - Compliance with the goals and requirements of the Vail Village Master Plan, the Streetscape Master Plan, and the Vail Comprehensive (Land Use) Plan - Compliance with the Vail Village Urban Design Guide Plan and Vail Village Design Considerations ~Nith respect to the following: - Pedestrianization - Vehicular penetration - Streetscape framework • - Street enclosure - Street edge - Building height - Views - Service/delivery - Sun/shade analysis Action/Responsibility: The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." Design Review Board: Action: The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. Sfaff.~ The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning • Regulations. The staff also advises the applicant as to compliance with 6 • the applicable master plans and site specific design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V. APPLICABLE PLANNING DOCUMENTS The following documents and/or specific sections of relevant zoning regulations, ordinances, master plans and design guidelines have (in part) provided Staff with criteria and findings pertinent to the review of this proposal. In certain instances, Staff has highlighted specific key words, sentences or phrases that are specifically relevant to review of the Bridge Street Building. This list is provided for reference and use by the Planning and Environmental Commission while reviewing the proposal and shall form the primary basis for any action by the Commission to either approve, approve with conditions or deny the proposal: • Town of Vail Municipal Code. Title 12 Zonina Reaulations Chapter 7 -Commercial and Business Districts, Article B, Commercial Core 1 (CC1) District (in part) 12-78-1: PURPOSE: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedesfrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12-78-7: EXTERIOR ALTERATIONS OR MODIFICATIONS (in part): A. Subject To Review: The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the • replacement of an existing building, the addition of a new outdoor dining deck 7 or the modification of an existing outdoor dining deck shall be subject to review • by the Planning and Environmental Commission (PEC) as follows (in part): 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. 12-78-20: VAIL VILLAGE URBAN DESIGN PLAN' (in part): A. Adoption: The Vail Village Urban Design Guide Plan and design considerations are adopted for the purposes of maintaining and preserving the character and vitality of the Vail village (CC1) and to guide the future alteration, change and i~nprovemenf in CC1 district. Copies of the Vail village design guide plan and design considerations shall be on file in the department of community development. Chapter 18 -Non-Conforming Sites, Uses, Structures and Site Improvements (in part) 12-18-1: PURPOSE This chapter is intended to limit the number and extent of nonconforming uses and structures by prohibiting or limiting their enlargement, and their restoration • after substantial destruction. While permitting nonconforming uses, structures, and improvements to continue, thi's chapter is intended to limit enlargement, alteration, restoration, or replacement which would increase the discrepancy between existing conditions and the development standards prescribed by this title. 12-18-3: SITES Sites lawfully established pursuant to regulations in effect prior to the effective date hereof which do not conform to the minimum lot area and dimension requirements prescribed by this title for the zone district in which they are situated may be continued and shall be deemed legally established building sites, subject to the site development standards prescribed by this title. No such site shall be further reduced in area or dimensions. 12-18-5: STRUCTURE AND SITE IMPROVEMEI'JT (in part) Structures and site improvements lawfully established prior to the effective date hereof which do not conform to the development standards prescribed by this title for the zone district in which they are situated may be continued. A. Lot and Structure Requirements: Structures or site improvements which do not conform to requirements for setbacks, distances between buildings, height, building bulN; control, or site coverage, may • be enlarged; provided, that the enlargement does not further increase 8 the discrepancy between the total structure and applicable building bulk control or site coverage standards; and provided that the addition fully conforms with setbacks, distances between buildings, and height standards applicable the addition • U Chapter 22 -View Corridors (in part) 12-22-1: PURPOSE The town believes that preserving certain vistas is in the interest of the town's residents and guests. Specifically, the town believes that: A. The protecfion and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the pubic interest of the town. B. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. C. The preservation of such views will strengthen and preserve the town's unique environmental heritage and attributes. D. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. E. The preservation of such views is intended to promote design which is compatible with the surrounding natural and builf environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. F. The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail village and contribute to the community's unique sense of place. 12-22-3: LIMITATIONS ON CONSTRUCTION (in part): No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with section 12-22-6. 12-22-4: ADOPTION OF VIEW CORRIDORS (in part): A. View Point #1: A view from the south side of the Vail Transportation Center from the main pedestrian stairway looking toward the Clock Tower, 232 Bridge Street, the Rucksack Tower, 288 Bridge Street, and beyond to the ski slopes. (Please see Attachment D - pg. 19) 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS (in part) An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, [or by application of any resident or property owner in the town,) or by the administrator or his/her designee. 9 12-22-7: NONCONFORMING STRUCTURES (in part) A. Removal Of Encroachments Encouraged; Exceptions: Any structure which presently encroaches into an existing view corridor which was lawfully authorized by ordinances or regulations existing prior to the effective date hereof may continue. However, such encroachments will be encouraged to be removed as part of any remodeling or reconstruction of the structure. In the case of certain focal points, such as the Clock Tower and Rucksack Tower, the town recognizes their importance to the character of Vail Village and to the qualitty of the urban design of the Vail Village. Notwithstanding their nonconforming status, the town does not encourage their removal. 12-22-8: HEIGHT LIMITATIONS (in part): If the maximum height allowed in any zone district within the town differs from the height permitted by a view corridor,. the more restrictive height limitation shall apply. (In this instance, the Appliicant should provide additional information relative to maximum heights to be dictated by established view corridors as compared with the building height restrictions set forth in the Vail Village Urban Design Guide Plan). Vail Land Use Plan • The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail • Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as .a basis from which future land use decisions may be made within the Town of Vait. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the I<and use categories and zoning conflict, existing zoning controls development on a site. Goals and Policies (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 fo serve both the visitor and the permanent resident. 1.2 The quality of the environment including air; water and other natural • resources should be protected as the Town grows. 10 • 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infi/l areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 3.0 Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More nighttime businesses, on-going events and sanctioned "street happenings" should be encouraged. 4.0 Village Core / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 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. 11 5.5 The existing employee housing base should be preserved and . upgraded. Addifional employee housing- needs should be accommodated at varied sites throughout the community. Vail Village Master Plan T.he Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. The Vail VillagE; Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the: Village will grow in the future. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed i:o guide the Town's decision- making in achieving each of the stated objectives. The Bridge Steet Building is located within the Commercial Core 1 Sub-Area #3 of the Master Plan. The Vail Village Master Plan is intended to guides the Town in developing land use laws and policies for coordinating developrrrent by the public and private sectors in Vail Village and in implementing community goals for public improvements. Further, the Master Plan is intended to serve as a guide to the • staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Contained within the Vail Village Master Plan are goals for development in Vail Village. The goals are summarized in six major goal statements. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector development proposals, or in implementing capital improvement projects. (Listed in part): Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. 1.3 Objective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. • 12 • 1.3.1 Policy: Public improvements shall be developed with the participation of the private sector working with the Town. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found in the 10 sub- areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.2 Objective: Recognize the "historic" commercial core as the main activity center of the Village. 2.2.1 Policy: The design criteria in the Vail Village Design Guide Plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of Vail Village. 2.4 Objective: Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 Policy: Commercial infill development, consistent with established horizontal zoning regulations shall be encouraged to • provide activity generators, accessible green spaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.5.2 Policy: The Town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate building renovations without compromising life, health and safety considerations. 2.6 Objective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.1 Policy: Employee Housing; units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Objective: Physically improve the existing pedestrian ways by • landscaping and other improvements. 13 3.1.1 Policy: Private development projects shall incorporate • streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent (pedestrian ways. 3.1.3 Policy: 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 greeenspace opportunities 4.1 Objective: Improve existing open space areas and create new plazas with greenspace and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.2 Policy,: The development of new public plazas, and improvements to existing plazas (public art, streetsc~ape features, seating areas, etc.) shall be strongly encouraged to reinforce their roles as attractive people places. Goal #6 To insure the continued improvement of the vital operational elements of the Village. 6.2 Objective: Provide for the safe and efficient functions of fire, • police and public utilities within the context of an aesthetically pleasing resort setting. 6.2.2 Policy: Minor improvements (landscaping, decorative paving, open dining decks, etc.), may be permitted on Town of Vail land or right-of-way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, streef maintenance and fire department access and operation arE~ able to be maintained at current levels. Special design (i.e, heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. Vail Village Urban Design Guide Plan This Guide Plan represents collective ideas about functional and aesthetic objectives for Vail Village. Diagrammatic in nature, the Guide Plan is intended to suggest the nature of improvements desired. It is based on a number of urban design criteria determined to be appropriate for guiding change in the Vail Village. The Guide plan is intended to be a guide for current planning in both the public and private sectors. The Guide Plan establiishes the Clock Tower building within the Gore Creek Drive/Bridge Street Sub-Area. • 14 • Town of Vai! Streetscape Master Plan -Addendum The Vail Village and Meadow Drive Streetscape projects represent the strategic steps of a 20 year planning effort to upgrade and enhance the physical character and pedestrian experience in Vail. These projects develop the concepts originating from previous planning efforts (1991 Town of Vail Streetscape Master Plan) into a comprehensive and complete streetscape design. VI. ZONING ANALYSIS Staff has completed a zoning analysis of proposal in relation to the land use requirements outlined in Title 12, Zoning Regulations of the Vail Town Code: Street Address: 288 Bridge Street Parcel Number: 210108244003 Zoning: Commercial Core 1 (CC1) zone district Land Use Plan Designation: Mixed Use Current Land Use: Mixed Use Development • • Development Standard Buildable Lot Area: Setbacks: Building Height: Density: DU's- dwelling units AU's- GRFA: Site Coverage: Landscape Area: Parking: Loading: Allowed/Required Existing Proposed 5,000 sq. ft. (min.) 4,108.85 sq.ft. No Change None Required (or unless specified otherwise in the WMP) '` 60% at 33 ft. or less 40% at 33 ft. to 43 ft. 25 D.U.s/acre 50 A.U./acre 80% or 3,287.08 sq. ft. 80% (max.) or 3,287.08 sq. ft. Per the Vail Village Urban Design Guide Plan Pay-in-Lieu (12-7B-17) 1 berth (<=10,000 sq. ft.); plus 1/every 5,000 sq. ft. over 10,000 sq. ft.; or, 6 berths (3 total per section 12-10-15)** 50% 43% 2 None Unknown 2,986 sq. ft. None No Change No Change No Change None No Change 3,274 sq. ft. None 15 VII. VIII Notes: • Setbacks vary around the development site depending on the location of the "build-to-line" specified in the Vail Village Master Plan; Section 12-14-17, Setbacks to Watercourses, Vail Town Code, stipulate a 30' setback to the centerline off Mill Creek. ** Total berths required for multiple use loading facilities per credit granted pursuant to section 12-10-15. SURROUNDING LAND USES Land Use Zoning North: Mixed Use Development" Comrriercial Core 1 (CC1) South: Mixed Use Development* Comrrlercial Core 1 (CC1) East: Mill Creek (T.O.V. Parcel) Outdoor Recreation (OR) West: Mixed Use Development Comrrtercial Core 1 (CC1) Note: Adjacent buildings located to the north and south of this site (zero lot line) will be impacted by this proposed redevelopment; Applicant will be required to meet all code requirements relative to zero lot line development and the Applicant is advised that coordination with adjacent property owners will be critical to the successful re-development of this site. REVIEW CRITERIA AND FINDINGS 12-78-7: EXTERIOR ALTERATION OR MODIFICi4TlONS 6. COMPLIANCE WITH COMPREHENSIVE APPLICABLE PLANS: Compliance with Comprehensive Applicable Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental comtrission that: The proposed exterior alterations is in compliance with the purposes of the CC1 district as specified in section 12-76-1 of this article; Staff response: Staff believes that the proposed exterior alteration is in compliance with the purposes of the CC1 zone district. 2. The proposal is consistent with applicable elements of the Vail Village Master Plan, the Town of 1Jai1 Streetscape Master Plan, and the Vail Comprehensive Plan; Staff response: Staff believes that the proposed exterior alteration is consistent with all applicable elements of the Vail Village Master Plan, the Town of Vail Streetscape Master Plan, and the Vail Comprehensive Plan. Specifically, the remodel proposes high quality redevelopment while preserving, in general, the unique architectuiral scale of the Village in order to sustain its sense of community and identity. Further, the Vail Village Master Plan calls for variation in roof heights within a range of allowed building heights; this proposal meets this intent (to create variation in roof • heights) by providing a new open gable room form on the West (Bridge 16 Street) elevation. Lastly, the proposal preserves existing "activity pockets" along Bridge Street as identified in the Town of Vail Streetscape Master Plan. 3. The proposal does not otherwise negatively alter the character of the neighborhood; Staff response: Staff believes that the proposed exterior alteration does not otherwise negatively alter the character of the neighborhood. The addition and exterior remodel, when viewed in context with surrounding development, is consistent with and/or will improve the quality and design characteristics of the surrounding neighborhood. Specifically, the forms (in general), materials and detailing of the proposed improvements are consistent with the surrounding built environment. Further, view corridors will not adversely be impacted, and asun/shade analysis has been provided demonstrating that the additions will not significantly increase shadow patterns within adjacent public spaces. However, Staff recommends that the following issues remain outstanding and must be addressed by the Applicant prior to or concurrent with any building permit submittal Integration of exterior remodel design and materials The Applicant only proposes to change exterior materials on the front . portion of the building (south, west and north elevations). All other portions of the building (excluding the roof elements which will receive new DaVinci composite shakes) are to be updated via paint, new light fixtures and refurbished and or replaced decks and railings. Staff suggests that the Planning and Environmental Commission review all proposed exterior materials, textures, sizes, colors and detailing relative to the entire building to ensure that all new materials blend or compliment those materials not being replaced and that any portions of the building that need repair and/or replacement are included in the scope of this project. Exterior Signage The Applicant will be required to submit plans for a comprehensive exterior sign program pursuant to Section 11-8-2, Vail Town Code, prior to installation of any new signs on the building. Exterior Lighting Although the plans submitted generally call out proposed locations for new light fixtures, staff suggests that the Applicant be required to submit a detailed and final lighting plan, showing all existing light fixtures to be removed, as well as all new fixture locations, fixture types and lumens/output. Such plan should be accompanied by cut sheets for each proposed fixture. 4. The proposal substantially complies with the Vail Village • Urban Design Guide Plan and the Vail Village Design Considerations, to include but not be limited to, the following 17 urban design considerations: pedestrianization, vehicular penetration, streetscape #ramework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; and, Staff response: Staff believes that the proposed exterior alteration, in general, substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations, specifically with the following applicable design considerations: Pedestrianization streetscape Framework Street Enclosure Building Height Street Edge Views Sun/Shade However, Staff believes that the following applicable design considerations should be further studied and resolved: Roof Overhangs Although the Applicant has responded to several issues related to the architecture based on either previous PEC concerns and/or issues of code compliance since conceptual review, Staff suggests that the Planning and Environmental Commission review all new proposed roof forms, composition and specifically overhangs visible from the street level as an outstanding issue. Specifically, while the plans call for appropriately scaled (3'+) overhangs around the building on the South, Ea:>t and North elevations, the overhangs on the West (Bridge Street) elevation are between 1'-2'. The Applicant proposes the new cantilevered space on the second floor (over Joe's Famous Deli) as an "overhang" at ilhe pedestrian level (therefore enhancing the street enclosure); Staff sees; the merit in this interpretation of the Guide Plan, yet points to the Vail Viillage Urban Guide Plan which specifically states (in part): "Generous roof overhangs are also an established architectural feature in the Village - a traditional expression of shelter in alpine environments." "Roof overhangs typically range 3 fo 6 feet on all edges. " The Guide Plan also states (in part): "Canopies, awnings, arcade and building extensions can all create a pedestrian focus and divert attention from upper building heights and `canyon' effect. " It is apparent, then, that the master plan provisions for the Vail Village • specifically identify elements of alpine or "Tyrolean" architecture that are 18 • integral and important to preserving the distinctive design character of the Village. As well, the Guide Plan calls out certain architectural treatments (canopies, awnings, and building extensions) that enhance the pedestrianization and street enclosure aspects of the built environment. The Applicant has, through the presentation of plans showing a deep cantelevered "extension" above the street level, made a compelling argument that the building, as proposed, complies with the stated design considerations. Therefore, Staff recommends that the Planning and Environmental Commission review this particular aspect of the building's architecture in light of both the Applicant's goal to expand floor space (and therefore increase functionality and marketability of office space within the Vail Village) as well as the stated purpose and specific guidelines provided within the Vail Village Urban Guide Plan. Service and Delivery Staff suggests that the Applicant review the proposed trash enclosure (located on he North side of the building) and access strategy with the PEC. Although this trash "enclosure" or storage area has historically been used in the same location for several years, it has come to the attention of Staff that continued access over adjacent Lot C may require execution of an access easement agreement between the Owners of Lots D and C (unless the Applicant can provide evidence of "open and notorious" adverse possession under Colorado law). Otherwise, Staff suggests that the Applicant investigate alternative locations/solutions for trash removal and storage for this site. One alternative may be to resolve access issues (required for building code compliance as well) behind the building and behind and through adjacent properties to the North to allow for a new loading and delivery area at the rear of the building 5. The proposal substantially complies with all other elements of the Vail Comprehensive Plan. Staff response: Staff finds that the proposed exterior alteration complies with all other elements of the Vail Comprehensive Plan. However, Staff recommends that the following issues remain outstanding and must be addressed by the Applicant prior to or concurrent with any building permit submittal: Building and Fire Code issues The Applicant must work with the Town of Vail Chief Building Official and Fire Marshal relative to existing and proposed types of construction, as well as proposed uses, occupancy loads, access/egress and exterior materials. Issues related to egress from a public exit at the rear of the building are to be resolved prior to any submittal for building permit; egress via land (over parcels A, B, and C to the north) or over Mill Creek via a • proposed bridge structure must be resolved to the satisfaction of the Town of Vail. 19 • IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approve, with conditions, the Major Exterior Alteration for the Bridge Street Building. Staff recommends the following suggested conditions: 1. The Applicant shall resolve, to the satisfaction of the Town of Vail Chief Building Official and/or Fire Marshal, any and all issues related to egress from a public exit at the rear of the buildling prior to any submittal for building permit. 2. The Applicant shall be required to provide a building code and fire code analysis with any submittal for building permit, 3. The Applicant shall address any and all issues related to trash storage and access located on the North side of the Bridge Street Building (a.k.a. The Rucksack Building) in conjunction with any Design Review application. 4. The Applicant shall resolve all issues regarding drainage from the existing and proposed building on to adjacent prop~srties; the provision of gutters, downspouts and other drainage methods rr~ay be required as revisions to building permit set of drawings with any building permit application. 5. The Applicant shall ensure that all new materials, sizes, textures, detailing and colors blend or compliment those materials not being replaced and that any portions of the building that need repair and/or replacement are included in the scope of this project in conjunction with any Design Review application. 6. The Applicant shall submit a Design Revievr pplication for any and all new exterior signage for the property; a sign program pursuant to Section 11-8- 2, Vail Town Code will be required. 7. The Applicant shall be required to submit a detailed and final lighting plan, showing all existing light fixtures to be removed; as well as all new fixture locations, fixture types and lumens/output; such plan should be accompanied by cut sheets for each proposed fixture in conjunction with any Design Review application. X. ATTACHMENTS A. Vicinity Map B. View Corridor Image -View #1 C. Guide Plan Compliance Analysis by Applicant . D. Reduced Plan Set E. Letter from Mill Creek Condominium Association, represented by Ross Davis Jr. • 20 • • • Attachment A 21 • L` ff 1 Attachment B 22 1~ u FRITZLEN PIERCE e,c~t',;~I t~,itrlen, r1L~ ;\n;tiis.:ct iVili:un t; I'i:r:. ,1rclii c:ct I .:•:r~i? C)c~z,d<~tl: !'>iro,:?;,r~.~f:^,tcLiiu:;!I:~~c h;at,r E ici',(~r.:r,i;. t 1€'(i~..: ~. i~~,i<t+=er July 22, 2007 FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO BRIDGE STREET BUILDING (FORMERLY RUCHSACK BUILDING) LOTS C AND D, BLOCK SA, VILLAGE FIRST FILING COMPLIANCE WITH VAIL VILLAGE URBAN DESIGN GUIDE PLAN PEDESTRIANIZATION The proposal does not affect the street width. VEHICLE PENETRATION The proposal does not affect the current penetration of vehicles. STREETSCAPE FRAMEWORK The adjacent, recently installed planters remain unchanged. The new facade will create new commercial activity and add life and visual interest along Bridge Street. The removal of the upper level access stair from the Bridge Street facade will improve visual communication between the retail uses and the pedestrian. STREET ENCLOSURE The existing building is two stories high when viewed from the street while the "back" of the building incorporates an important visual landmark, the Rucksack Tower. The issue of street enclosure applies only to the Bridge Street facade. The proposed building will remain two stories, with shorter and taller buildings adjacent and across the street. The proposed changes maintain the desired %-1 ratio of height to width. STREET EDGE The proposed building maintains a close relationship to the street, activity pockets, and the slightly irregular facade lines desired by the Urban Design Plan. I•',,n iia~t ~-ai V:;IIc; ilrnc, 1=ci~iridq~ { -t, t iPii~>~r,r-<illnr:hiteia~i;~mt «~a~~~~.vari(architst;ts a:m Attachment C FRITZLEN :PIERCE ARCHITECTS VAIL, COLORADO BUILDING HEIGHT The proposed redevelopment complies with the I3uilding Height Restrictions with the exception of the existing landmark Tower at the east end of the property. VEIWS AND FOCAL POINTS The proposal preserves the landmark "Rucksack Tower" described in the regulations. SERVICE AND DELIVERY The proposal provides on-site trash storage and it is assumed that delivery will be provided through the nearby loading facillity at the new "Front Door" project. SUN /SHADE In that the volume and height of the new building is nearly the same as the existing building there is little change in the shading characteristics of the new building. A Sun /Shade analysis has been provided. ARCHITECTURAL /LANDSCAPE CONSIDERATIONS ROOFS ROOF FORMS AND PITCH The proposal includes a series of roof forms and dormers as requested by the Design Guidelines. The primary roof slope on the existing building is about 3/12. The primary roof on the new building will match that slope to minimize conflict with existing views and to minimize shading of adjacent properties. The proposed dormer has greater roof slope (7 3/4 in 12) implying that the entire roof is steeper. OVERHANGS The existing roof has a wide variety of roof overhangs varying from 4 inches (at the north side of the proposed elevator which is adjacent to the property line) to 6 feet. The proposed roof will maintain this variety and consideration has been paid to snow retention and runoff. All newly FRITZLEN I6~0 Fast ~'ttil V:a31c~ I)ritc Fitllrici*c(.`-7 PIERCE l':1:1. C`~±'t)i£t(!~ $1 b5' }::. in+L:~rvailar::hiti;~a~.c~;m in°~~~~~.vail,trcltituczs c~~m • • LJJ FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO • constructed roof areas will have gutters to direct roof runoff to the public storm sewer. The roof structure is expressed on the facade and a wide facia is proposed at all new roof construction. COMPOSITIONS AND STEPPED ROOFS The proposal provides a series of individual simple roof forms and includes preservation of the landmark Rucksack Tower. The roofs step to reduce the building height along Bridge Street. MATERIALS Due to current regulations that exclude combustible roof surfaces our proposal is to install non-combustible artificial shake roofing materials. CONSTRUCTION The new roof areas will be "super insulated" and have a cold roof component as well. Snowslides onto pedestrian walks will be prevented by retaining the snow on the new roof areas and heated gutters will be installed to direct roof drainage to the storm sewer. • FACADES FRITZLEN lo~ti lia;t tai: V:a!hp I)ritc. F,iariti=_t.:{ -I PIERCE `l';ty!_ i.`o.;r<ui~t 5 L?' t` iru:oir;vaiiar::hituia~ eistn t1'w'tn .vail:trcll itectti. amt MATERIAL S The material palate will be the same as the existing building, a combination of stucco and vertical wood siding. Stucco will predominate on the lower levels with wood siding being used above that in most cases. Stone veneer, of a character that is consistent with the scale and color palate of the building, will be added to the composition. Where stone comes in contact with newly installed streetscape improvements the veneer will be compatible with those improvements. COLOR The proposed color palate will be rich and lively but in subdued hues to compliment the natural surroundings. The entire building will exhibit a consistent color palate and upper and lower floors will generally provide a distinction in color and material. High chroma colors will be used for signage and accent only. FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO TRANSPARENCY Building Code restrictions limit the amount of transparency possible except on the Bridge Street facade. On this fa~adle, the transparent store fronts are intended to be "people attractors". The; relocation of the existing upper level access stair goes a long way toward achieving this goal. The transparency on the street level falls within the recommended guidelines. The upper level along Bridge Street is intended to be a professional office and the proposal intends to create a visual connection between these spaces and the pedestrian street but the transparency on 'the upper level is less than on the commercial facade. WINDOWS Bridge Street drops several feet along the length of the property. The interior space is quite deep compared to the length of area that can receive openings (approximately 24 feet) which is regulated by the Building Code. It is desirable to provide as much pleasant natural light to the interior spaces as possible. For these reasons the proposal does riot meet the strict guidelines of the Urban Design Plan. The Plan does state that "Ground Floors which are noticeably above or below grade are exceptions". This property is appropriate for this exception and clearly meets the intent of the goal of providing the desired connection between the pedestrian street and the retail space within. The entire storefront area is only about 24 feet wide and is composed of rectangular and square windows that maintain the desired sense of intimate pedestrian scale suggested by the Guidelines. The new wood windows will have a painted metal clad exterior surface. Woodl trim is installed between and around the windows in accordance with the 1Guidelines. DOORS The only entry door to the retail space is slightly recessed off the pedestrian street to provide a welcome, covered, and sheltered access. The door is entirely glass to increase the visibility of people and merchandise inside the store and exceeds the minimum transparency level suggested by the Guidelines. There is a door from the street that provides access to an elevator that provides ADA access to the upper level office space. This door is solid to avoid conflict and confusion with the access to t]he retail space. FRITZLEN I!~~OFcast'~'ail~-all,yl)ritc,ltrids;c(.-1 PIERCE ~,',ul. C.OIUfElill7 816>' l~. ~~'(1.~176.4~~Q1 }? in~(,ri;reiiL~rchit:ct~:is~n ~a«w tailarchite;;t.tc~;m • • • FRITZLEN PIERCE ARCHITECTS NAIL, COLORADO • DECKS AND PATIOS .BALCONIES There is little opportunity to provide outdoor covered patios along the pedestrian street. What decks that are anticipated are a story above the pedestrian street and generally screened from view. ACCENT ELEMENTS A colorful awning above the primary retail windows will add color and festivity to the street facade. LANDSCAPE ELEMENTS The property participated in the recently completed Streetscape Improvement Plan on Bridge Street that enhanced both hard and softscape elements, on and off-site. SERVICE Trash Storage is being provided on-site, east of the proposed elevator. Deliveries will come from the central delivery facility located at "Nail's Front Door". FRITZLEN 1 n5(; l.,tt i;ai `, ..,lhj' (?rirc, I ;iilrids;c f. -1, PIERCE ~";1?i_ i~c!iulEtui; ~' i ii?' ['. G?p.ti~7f?.•1`3(11 ~.~. inns'~t:vttilitrchit~ects.ciut3 ««tn .t <;ilarcll itet:tt Li;rt t Attachment D • z O _ ~~ t ~x b ~ Z 19 R gl :i ~~_~ ~~ __ III ` I t 4~ ~+~ ~g ~ ~~ 1 ; ,I --, ~ ~ rn z • s i 5 i ~~ ~ I I I I ~~ ~ ~ - . ~,_~ L _ /~ /n _ R ~~ ~, ~ T . N = A - A BRIDGE ST. BUILDING ~ ~'. ~ O (ill ~' ~, = ET1 '~ LOTS C AND D. BLOCK s~A, VAIL VILUOE 1sT FILING UNITS C~1, 0214 Gl; 2B8 BRIDGE STREET O ~ ~ [ G ~ R7 r VAIL. COLORADO B165) + i ¢ C~ m PROIER Yo]11 r t~4 i, m Z of ~ C G C ~i Z ~ Q ~ °'~ ~ o D ° Q ~ ~ L~ ~ ~ ~~ D i l i ~,°~, ~s ~g A9 F ~ r i O A x ~ 1 8"'_-- ~ m~ °D ' °~ rn I 3 Cll rn rn r --_ ~ ~ 1 ~_,\m bX I ~ ~~ -~ I ~ ~' i ~ D I i ,- r i r z o~~ ~~ ~ 1 I it ~ 0 I 6 ~~ ~$ I I ~ ~ O I4I I I V -p I I i r. I ~ O ` Z d ~ i ~ ~~ ~ ~ ~ li ~ I I J I J I ~ ~rtrtnr- WbI l1l1 ~ ~~I` I }~H~I~ Wirll 111 _ _~ L ~ ~ Jg i; ` ~ 1f, ~ 1 rm '-^ F A Arn 's-~ 2 m~ O rn v ti 7O N ~ ~ Z~ .~ ~ " nm N `ei„ -I m Z ~n ~~~ ~ ____ --_~ I , ~ L`Jt9 6 i ° ~ ~ ~I i i I ~~ I I ~~ J r ~ii ~;,I; LPL ii ~R nnr- 1 II 1111111 ` ^ Tlu I lil lulull ~uu uu L ~ L a ~ / BRIDGE ST. BUILDING LOTS C AND D. BLOCK S~A, VAII VIlU13 15T FILING UNITS C~1. C 3 K C~1; iBB BRIDGE STREET v IL, COLORADO 0165) A BROIER YB]31 ~i~ 1 I I~ ~ . 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D f "( (~ A N lOi5CAN0 D.BLOCKS-A, V.aIL VILUGE 15i (ICING llNliS _ ~9 K~ ~o ~ As ( N 7} Q ~ ~ n m C-1 C~2 A C-3, ?88 BRIpGE SiRFET VAIL, COLORgpO 8165] ~ a ~ ~ F E T T PROI[R MO]21 z D~ Z ~ ~~ ~v .~ rn ~- rn i I I I I IC b I I I I I I I I z ~_ O z r r~ ~ ,A ~ O 8" _ s _ = m ~ O -i y Q i p ' C' y p N r LZn i z i p n n m T R N BRIDGE ST. BUILDING LOTS C ANO D. RLOCR 5-A, VAIL VILLAGE 15T NLINL UNITS C-t. C-± A C-l; 2RR RRIOCE STREET VAIL, COLORADO R165] m Z PROTECT NO)!1 I I F A I I I ~ I I I I ~ 1 ~~ N E ~ of ~ ~ 1 ~~ z ~ ~ o C r~ r~ui ~ ~~ I i I i ~! tk N4 9u ~°+_ V E4 g4 ~°. ~°s € F F ' i• r D z O A ~~ z z ~ ~. U ~~ rn r m D ~_ O z -~ O -D O rn d • • F ;° u \ I ~;~ ~ o ~ _" ~'~I :,;, I I I II~IIIII ~IIIIIII ~ II~II ~ I I~ I I I ~I ~. 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K [-T; SBB BRIDLE STREET VAIL, COLORADO 8165T PROTECT •OJ}1 • a u ..__. _____ , ^ Q J p ~ """ ~ D G ~ q I L K.a ~ ~~ F, ..~ E ~ ... ~ N o o . I~ ~~. ~(lfl i t I I i i I i ~g m ~a ~q eu a9 k~ ~9 ~° F F • r D O ~ ~~ x ~ bIC11 rn r rn D O O O rn d f~, ~ ~8 ~ 8 ~ 4 ~ ~ o - ~X ~ ~ ~ ~ ~ ~ ~ ( ~ ~ ~ ° lJ~ I I I I I I I I I I I Z oaaaooaooooaoooooooooaoo~ ii~e~it~~a~~s~i~~a~~~~~', l~~j~~~°~~'i~~&E~~1a~~Fl ~~~~~ ~~~ ~ajt~ li~l 8 ~aaao ~~~~ ~ I~O~ ~I I rn ~_ O z r~ ~ '=` ~ ro A BRIDGE ST. BUILDING W ~ ~ ~' ` = m ~ Eon c nNO o. RIOCR s-n, vnR vlEUCE isi ERINc O y N [~ y 7O N UNITS C-1. C 2 K C~l; 2B9 RRIOLE STREET 0 y : y ., m VAIL, IOLORADD 8165] z 3 f (~ n m PROTECT NO'.'1 N 2~ +zi y m Z :~" a, 7..u u a J L- 0 ~ ~fj -~ D 41 ~ ~ , r 'i'~ 1 ~ o ~~ O ~ C n u"" ~~ - ~I 69 g9 g g° ~ Yo" Y ~ ~ F F ~ Or 4 a L+ BRIDGE STREET • • r D z 0 A ~~ V' r ~ c. D - p v T . -~ ~ - A m I`` BRIDGE ST. BUILDING 1 y e ~ P ~ 'A N LOTS C ANp D, BLOCk 5-A, VAIL VILULE 15T FILING II _ OZ L3E ~ ~ r^ NIiS C~1. 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BLOCK 5-A, VAIL VILUOE 1ST FILING \ ~ (F m ~ UNITS C-1, C-? 5 Gl:?BB BRIDGE STREET ~ (1 C) m VAIL, COLORADO H1GSl N ~ ~ ~ ~ N m Z PROTECT N[I)lt • ~' ! ~`^~` ~ ., , G7 ~ ~ 4 ~ ~ F~ ~~ g :":,; ~~ f V Q ~ i :~ro ~ ~ ~ ~ __ -- y } y ~ ~ ~ ~ I ~~ ~ 4~~ b4 ~b ~~ ma ~ F F ~ • Z O gc a` a w C_ Z x 0 `~ ~ O seb ~? ~ ~ "z =`s~ 4 4 n b ~ A Y ~ m -+ n z r+ '~' ~ nm m n n, Z .a N B I~D~~NG FjRIDGE R` ~S_; ~L~O~GE SSREET ~NI15 C'Vhll. COiORAOO Z,y51 ppolEf ~5 ~g Yq c~° ~~ :s x,9 a ~ ~ x ~ :~ L - - s ~. rn a 3 ~ .q "" Y ~ A_ ;fit A m -1 s' fi N 3a F r ~'~>~F n mz -~'' "' g is ~. N ~„ G gRIDG~ ST' gV11-~~LN LOTS C pND D' BEOCPK~_). •00 BRIDGE STREET C~1' ~ :COLORMDO 0105 PRDICC~ 'c ~~ 1..~ i r, .:,:.. ~ -' ~ N O l ~J, _„~ t __ - .o • • r z z 0 A q ~ ~F Z ~ ~ b <\ rn DO Z~ N "`L A y e~~ m ~~ ~i y _~'~ ~~ -'° ~E7N m Z BRIDGE ST. BUILDING LOTSCAND 0.8LOCK 5-A, VAIL VILUGC 15TfILINL UNITS C-1. C-? d C-l; 100 BRIDGE STkEEI VAIL, COLORADO 0145] PROICCT •OTI t ~~ ) ~J . d~ ~ c n c~ ~ ~ ~., / ~.~~ N C ~ ~ .,..~ ~ ~ i ~ S _I ' i~ ji it ~C~ II~ a~! y _Z ~=_-- • r z ~!/ y ~ ~~ bl /~ /~ ~ ~ - > " ~ ~ ~, -'° BUILDING BRIDGE ST A O _ i ~ ~' m ~ . LOTS C AND D. BLOCK 5-A, VAIL VILUGE IST FILING - ~ ~ tt 9 ~i 70 IV UNITS C-1, C-3 A C-l; 200 BRIDLE STREET {~ :5 F n n m VAIL, COLORA[)<101fi5) T i ) t v N } ~ ~ ~ R PROTEC ] 5~, H , mZ ..._. o J a-~L~uj ~'~~;v ~ ~ E _._. ,y ~ ~ i ~ o ~, "~ °, c r. ;~ o ~_ ~ .~ ~~ ~ -- ii i1 ~1 1-t ~a_~s L • • ~_~ ~~~. ,~ • 9~~~ ~ ' a3 ~ R L s a ~ _ Nls ~~~ z r ~` O D mil/ 7 A z ~~ o,-r n O n w n c ~. O ~ °N O rn - ~~ i ~ m~ BRIDGE ST. BUILDING A rn \ ~ 1 m -1 ~ y ~ ~ ; m ~ ; ~ n Y_ ~ ^ -1 ~ N ~ (") m T Z Eors c ANO o. REOCR s~A, vna vnucE isT EIUNc UNITS C~~. 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C:i= VAfL • This office represents the Mill Creek Court Condominium Association and it has come to the attention of the board of directors of the association that an application for substantial modifications to the Rucksack Building, 288 Bridge Street, Vail, Colorado, has been filed. I understand that the application is by Jeffrey Selby, represented by Jay Peterson. The board has requested that I represent them in connection with this matter, and I would like to meet with you in order to review the proposed plans, particularly in connection with their impact on my association's adjoining property. A proposed bridge over Mill Creek connecting to their property is a major concern. If possible can you send me a copy of the application and plans, either by facsimile or email attachment. I understand that the matter is set for a hearing on August 27, 'L007. Please place my office on all applicable notification lists. matter, if you have any questions. • Attachment E I II. DESCRIPTION OF THE REQUEST • The Solar Vail property currently serves exclusiveily as employee housing for the Sonnenalp Hotel operations. The Applicant, in proposing this re-development, intends to maintain and expand this use as a direct nexus to the recently completed expansion and enhancement of the Sonnenalp Hotel. Specifically, the Applicant proposes this re-development to address, proactively, the employee needs generated by the hotel operations now ar~d in the future. As well, the Applicant has proposed, as a possible use of the site, to sell deed restricted housing units to other businesses or developers in need of "off-site" employee housing mitigation in the future. The proposal will include a request to re-zone the property from High Density Multi-Family (HDMF) to Housing (H) in order to better facilitate the viable development of a significant number of employee housing units within the Town of Vail and to allow for the review of certain proposed conditional uses. Key components of this proposal include: • Demolition of the existing 24 unit building known as Solar Vail, originally constructed in 1976 • Development of a new building containing 133 employee housing units on five floors (including loft space) for primary use by employees of the Sonnenalp Hotel • Development of approximately 4,700 square feet of office space on the first level; linkage is proposed between office space (lease agreement) • and dedicated EHUs within the building; orns or two units are proposed to be "attached" to office space lease agreements and will be made part of an on-site employee housing management plan • Creation of seventy-one (71) covered parking spaces on two levels of underground parking (separated for office and residential uses) • Creation of a second access point from North Frontage Road • Preservation of existing earthen berm along North Frontage Road • Preservation and upgrade of existing telecommunication antenna "farm" (to be better integrated into new architectural features of building) The Solar Vail development proposal will be comprised of five (5) different development review applications. Each application is intended to facilitate the redevelopment proposal. The development applications include, but may not be limited to: • A Zone Chanae application to rezone the property from High Density Multi-Family (HDMF) to Housing (H) to allow for proposed uses (Type IV employee housing and certain conditional uses), densities, building height and parking for the project; • A Development Plan application for development within the Housing (H) district; • A Conditional Use Permit application for "Office Uses" located on the office level of the structure; • A Conditional Use Permit application for telecommunications • equipment (antennae) installation, arnd; 2 • A Variance application for a variance from section 12-21-10A, Development Restricted, to allow for development on slopes in excess of 40% A vicinity map identifying the location of the development site has been attached for reference (Attachment A): A copy of the document entitled Tear Down and Re-build of Solar Vail Employee Housing dated July 26, 2007 (Attachment B), and a reduced set of plans dated July 17, 2007, are attached for reference (Attachment C}. III. BACKGROUND The subject property was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on 8/23, 1969. The Solar Vail building was initially developed as an employee housing project in 1976 and has served (exclusively) as the off-site employee housing for the Sonnenalp Hotel. These buildings were also approved for use as a telecommunications (cell) antenna "farm" site; housing multiple antennae for various co-users or providers. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission on the various applications to be submitted on behalf of Sonnenalp Properties, Inc. • A. Develoament Plan Review in the Housing IHI zone district The Planning and Environmental Commission is responsible for final approval/denial of a Development Plan. 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." B. Zone District Amendment The Planning and Environmental Commission is responsible for approval/denial of a zone district amendment. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria listed in Section 12-3-7C. C. Conditional Use Permit (CUPS 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. Generally, the Planning and Environmental Commission is • responsible to ensure that any uses permitted are located properly, to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. 3 V. APPLICABLE DOCUMENTS • Staff has provided. portions of the Vail Town Code and several master plans which are relevant to the proposed topics for this work session. At the time of any final plan review there will be additional excerpts provided. Zonina Reaulations Chapter 6: Housing (H) Zone District (in part) 12-61-1: PURPOSE: The housing district is intended to provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone districts. It is necessary in this zone district to provide development standards specifically prescribed for each development proposal or project to achieve the purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. Ce~~tain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses of the district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and design to meet the needs of residents of Vail, to harmonious with surrounding uses, and to ensure adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12-61-2: PERMITTED USES: The following uses shall be permitted in the H • District: Bicycle and pedestrian paths. Deed restricted employee housing units, as further described in chapter 13 of this title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following uses shall be permitted in H district, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed ire conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, Laundromats, beauty and barber shops, tailor shops,, and similar services. • 4 • Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission. 12-61-11: DEVELOPMENT PLAN REQUIRED: A. Compatibiltiy with Intent: To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the housing district will meet the intent of the zone district, an approved development plan shall be required. B. Plan Process and Procedures: The proposed development plan shall be in accordance with section 12-61-12 of this article and shall be submitted by the developer to the administrator who shall refer it to the tanning and environmental commission, which shall the plan at a regularly scheduled meeting. C. 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. • D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the housing district. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of section 12-OA-10 of this title. F. Design Review Board Approval Required: The development plan and any subsequent amendments thereto shall require the approval of the design review board in accordance with the applicable provisions of chapter 11 of this title prior to the commencement of site preparation. Chapter 16: Conditional Uses 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 and evaluation so that they maybe 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 and the town at large. Uses listed as conditional uses in the various districts maybe permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation 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 a~nditional use permits shall be denied Chapter 17: Variances 12-17-1: PURPOSE: A. Reasons For Seeking Variance: In order to prevern! 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 maybe 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. PRELIMINARY ZONING ANALYSIS Address/Legal Description: Parcel Size: Existing Zoning: Proposed Zoning: Land Use Designation Hazards: 501 North Frontage Road West, Lot 8, Block 2, Vail Potato Patch, Filing 1.0 acre (43,560 sq. ft.) High Density Multi-Family (HDMF) Housing (H) Medium Density Residential 40% Slope; Medium ~-everity Rockfall Development Standard* Allowed/Required Existino Lot Area: Setbacks All Sides:** Building Height: Density: GRFA EHU GRFA DU Site Coverage Landscape Area: Parking: Per Development Plan 20', or Per Development Plan Per Development Plan/PEC Review Per Development Plan 30% total GRFA, or Per Development Plan 23,958 sq. ft. or (55%); or Per Development Plan 43, 560 sq. ft. Vary** Unknown 24 E=HUs 0 UnH;nown 13,068 sq. ft. (30%) Unknown Proposed No Change No Change 65' (approx.) 63 Units/acre No Change Unknown Unknown Per Development Unknown 71 *** • n U • 6 • Loading Plan/PEC Review Per Development Unknown Unknown Plan/PEC Review Note: * Preliminary zoning analysis provided based on requirements and development standards prescribed in the Housing (H) zone district; comprehensive analysis not completed at this stage of review. ** Existing and proposed setbacks vary depending on platted easements and setbacks around the property; improvements on the south side of the property currently encroach into the front 20' setback. *** Of the parking spaces proposed, 52 spaces will serve residential uses and 19 are proposed to serve the office uses. VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Open Lands Natural Area Preservation District South: R.O.W. N/A East: Open Lands Natural Area Preservation District West: Public School General Use District VIII. DISCUSSION ITEMS The purpose of the work session is to discuss general concepts pertaining to the proposed density, use and zoning of the project, as well as the site development standards such as setbacks, lot area, site coverage, bulk, mass, and height of the proposed structure relative to compliance with zoning and master plan • provisions. As a reminder, and pursuant to section 12-61-10, density control (units per acre and GRFA), building height, lot area and sited dimensions shall be as prescribed by the Planning and Environmental Commission in a site specific development plan. At this work session the applicant and Staff would like to review the larger question of whether or not the proposed bulk, mass, and height are appropriate for the site when taken in context with its surroundings. Staff would suggest that this proposal be reviewed in light of similar development proposals for employee housing, such as Middle Creek, and that the Commission take into consideration the overall goals of the Town relative to the provision and facilitation of employee housing within the town boundaries. Staff will address each of these topics and request that the Planning and Environmental Commission provide any feedback on the topics. This feedback will be utilized in preparing a request for final review of the rezoning request, development plan and conditional use permits. Density, Use and Zoning Proposed The applicant proposes to increase the density (units and GRFA) for this site above and beyond what current High Density Multi-Family (HDMF) zoning allows. For this reason, and to facilitate the development of employee housing within the Town of Vail, the applicant proposes to rezone the property to the Housing (H) District. The District, generally, allows for more flexibility with regard • to site specific development standards while further restricting permitted and conditional uses to those directly related or incidental to employee housing. 7 Additional Access to Site • The Applicant proposes an additional site access point along the North Frontage Road to provide better circulation, egress and access. By providing a second access point further west along the south property line, the applicant proposes to separate access and internal circulation for residential and office uses. The Applicant must continue to work with Town Staff to study ways of improving existing driveway access across adjacent town property (Tract A). The Applicant must (as a next step) request permission to proceed through the development review process from the Vail Town Council (i.e. the: "property Owner") to allow for any improvement on Tract A. As well, the Applicant may be required to obtain an access easement from the Town for any realigned driveway access across Tract A. In addition, the Applicant must commence all necessary planning and permitting necessary through CDOT and any public utility for any additional road cuts along the North Frontage Road and any proposed improvements within platted utility easements. Specifically, an access permit from CDOT will be required for any additional road cut along North Frontage Road. Required distances between existing and proposed access points (road cu1:s) may create site planning constraints. Additional Water Taps for Site Staff suggests that the Applicant contact the Eagle River Water and Sanitation District prior to any further submittals or review for this proposal to ensure that the District has adequate public facilities (water and sewer capacity) to serve the development. • Development Standards Staff has performed an initial review of the proposed project for compliance with the development requirements of the Housing (I~) District, Section VI of this memorandum. Within this analysis Staff has determined that this proposal is in general compliance with the development parameters for setbacks, site coverage, and landscaping. However, the following issues of non-compliance and/or variation (requested) should be addressed during this work session: Parking and Loading Standards: Improvements within Setbacks and Easements Although uncovered (surface) parking exists within the front setback and within a platted 30' Utility Easement along the south property line, the applicant proposes to construct below gradE~ (covered) parking within this same easement and within the 20' setback prescribed in the Housing (H) District. Pursuant to section 12-61-5, the Planning and Environmental Commission has discretion to approve "variations" to the setback standards during the review of a development plan (subject to the applicant demonstrating compliance with certain criteria). Regardless of any future variation approvals, Staff recommends that the Applicant commence with all required planning and permitting with the Eagle River Water and Sanitation District regarding any proposed improvements within platted easements and the status of any live utilities. Further, Section 12-61-8, Parking and Loading, Vail Town Code states the • following (in part): • "No parking or loading area shall be located within any required setback area. At the discretion of the Planning and Environmental Commission, variations to the parking standards outlined in chapter 10 of this title maybe approved during the review of a development plan subject to a parking management plan. " The Applicant is proposing to provide 52 tandem residential parking spaces rather than the 63 total spaces (1 space/EHU) required within the Housing District in a tandem configuration. Pursuant to Section 12-61-8 (above), the Applicant will provide a preliminary "parking management plan" outlining and addressing self imposed deed restrictions to limit the number of vehicles permitted per tenant (or per unit), and defining how the shared tandem spaces will function. Development on Slopes Greater than 40% The Applicant proposes to construct small portions of the new building on slopes greater than 40%. However, Chapter 21, Hazard Regulations, specifically Section 12-21-10, Development Restricted, Vail Town Code, states (in part): "No structure shall be built on a slope of forty percent (40%) or greater except in single-family residential, two-family residential, or two-family primary/secondary residential zone districts." • Approximately 50% of the lot is encumbered by slopes in excess of 40%. Staff recommends that the building improvements proposed within this slope (hazard) category represent a relatively small percentage of the total areas encumbered by steep slopes. It is apparent after viewing the site and researching the original building permit plans on file at the Town that the slope behind the current buildings has been previously disturbed. Staff believes this proposal to redevelop this site offers opportunities to further mitigate (shore up) any unstable slopes and/or enhance vegetative cover on these previously disturbed slopes. Staff recommends the Planning and Environmental Commission provide direction to the Applicant relative to any possible variance request from the hazard regulation(s). The development plan review and approval criteria provide direction to the Applicant and PEC in considering any variation to site development standards. Requested Outcome of Work Session At this work session the Applicant and staff would like to review the larger question of whether or not the proposed bulk, mass, and height are appropriate for the site when taken in context with its surroundings. Staff would suggest that this proposal be reviewed in light of similar development proposals for employee housing, such as Middle Creek, and that the Commission take into consideration • the overall goals of the Town relative to the provision and facilitation of employee housing within the town. 9 Additional Information and Review Requirements • Additional information and/or processes may bey required in any subsequent submittals in order to adequately address the following issues and/or requirements: 1. Compete a Development Plan application per Section 12-61-11, Vail Town Code 2. Complete a Conditional Use application per Section 12-16-2, Vail Town Code 3. Complete a Variance application per Section 12-17-2, Vail Town Code 4. Complete a Zone Chan4e application per Section 12-3-7, Vail Town Code 5. Parking, access and maneuverability study 6. Site Coverage -analysis of existing and proposed site coverage 7. Landscape PIanlStreetscape design elements 8. Grading, drainage and erosion control plans 9. Traffic Study - in conjunction with CDOT review and approval of additional access point 10. Building Height Calculations -Roof, plan indicating all existing and proposed ridge elevations, drawn over existing and proposed grades 11. Sign-off by all beneficiaries for any and all proposed encroachments (improvements) within any and all easements of record IX. RECOMMENDATION As this is a work session to discuss the proposal conceptually, no action by the Planning and Environmental Commission is required at this meeting. However, • Staff recommends that the PEC provide general feedback and direction to the Applicant regarding the proposal in preparation for any future review meetings. Staff also recommends that the PEC specify any additional information or analysis to be provided by the Applicant for the purpose of any final review of the proposal and that the PEC make a determination regarding the necessity for (or waiver of) the following requirements: 1. Environmental Impact Report: pursuant to section 12-61-13E, for proposed development within areas with slopes in excess of 40%; the Planning and Environmental Commission shall either waive or require such report, the purpose of which will be to identify any environmental impacts resulting from the proposal. 2. Appropriateness of proposed re-zoning to the Housing (H) zone district (relative to stated intent of re-development: and proposed uses and/or conditional uses). XI. ATTACHMENTS A. Vicinity Map B. Document describing the project entitled Tear Down and Re-build of Solar Vail Employee Housino, submitted by GPSL Architects and dated July 26, 2007 C. Copy of proposed plans dated July 17, 2007 D. Public Notice • 10 • • Attachment A • Attachment B • George Ruther Town Of Vail Community Development 75 South Frontage Road Vail, CO 81657 July 26, 2007 Re: tear down and re-build of Solar Vail Employee Housing George: D _ fq ~„..~ry.. ~. ~e '1 Lft`~ TOWN OF ~',41L • Please find attached our preliminary drawings for a proposed tear down and rebuild of the Solar Vail employee housing building. As we have discussed, we would like to ask for worksessions with the PEC and DRB to discuss our proposal for this site. The site is currently zoned HDMF and we understand that a zoning change to the Housing district (H) would give us more flexibility to do the proposed development plan. The existing 3 story flat roofed building contains only 24 units. The Owner would like to tear down this tired and dated building and replace it with a new building that contains 63 employee housing units that are more closely aligned in size and type with the recently passed employee housing regulations. These units would be for employees of the Sonnenalp Hotel and some might possibly be deed restricted for use by other TOV developers who need to provide employee housing within the TOV. Almost all of the parking for this new building would be covered and would be behind the existing berm along the Frontage Road. The issues that we would like to discuss with the PEC in the worksession include, but are not limited to: a. Zoning change: As noted above, the Housing District allows more flexibility in development standards than the current HDMF zoning. One factor that should be discussed is whether the property owner can revert to HDMF in the future when the time comes to replace this building. Gwathmey Pratt Schultz Lindall Architects, P.C. 1000 South Frontage Road West, Suite 102 ^ Vail, Colorado 81657 ^ tel: 970.476.1147 fax: 970.476.1612 info@gpslarchitects.com ^ www.gpslarchitects.com George Ruther- 26 July, 2007 • Page 2 b. Building height. There are some real advantages to the 8:12 roof we are proposing but it results in our being above the 48' height limit for the HDMF district in some places along the ridge. The H district does not have a height limit listed. The advantages are: 1) Allows a lower eave and the impression of a lower building. 2) Aesthetically cleaner than a mansard style roof that is arbitrarily cut off at a particular height limit and which has areas of flat roof that might be visible from the homes up the hill. 3) Provides headroom for a loft level in the top floor units which diversifies the mix of unit sizes and types. 4) Provides increased surface area for a solar shingle product on the south facing roof that the Owner is considering. c. Office space as a conditional use. The development f-roposal includes approximately 4700 SF of office space on the first level above parking. The Owner would like to use part of this space for employees related to the operation of the nearby Sonnenalp Hotel. These employees are currently located in Edwards and would be better served by being closer to the Hotel. The balance of the space would be leased out as professional office space. All Parking for the office would be accessed by a separate (existing) drive and almost all of the proposed parking would be under cover. • d. Construet~on into an already disturbed 40% slope. The economics of building employee housing are not very attractive which is why there is a shortage in Vail and the Valley. To make this project work we need in excess of 60 units and in order to fit this on the site, we have had to push part of the building into the 40% slope. We feel that this is not a big deal as the slope was disturbed long ago when the original Solar Vail was built. e. Parking in the front setback. The existing building h.as uncovered surface parking in the front setback behind the landscaped berm. The new parking will be a floor lower and we would like to continue to have parking in the setback behind the berm. We would also like to ask if it is acceptable to cover the parking in the front setback so that the cars are not subject to damage from the ice and snow coming o:ff the roof above and to make it possible to extend the landscaping up to the face of the building in places. f. Parking standards: Due to the proximity of the Sonnenalp Hotel and the TOV bus lines, most employees living here are not allowed to have cars. As a result the actual need for parking is less than the TOV requirement of 1 per EHU. We are proposing to provide 52 parking spaces in a double tandem configuration for the 63 units in the current development plan. This is a ratio of .82 per unit which is nnore than the .7 spaces required for an AU in the TOV. • ~wNOF un¢ ~, THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail wilt hold a public hearing in accordance with section 12-3-6, Vail Town Code, on August 27, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a work session to discuss the potentia! redevelopment of Solar Vail to allow for a mixed use development to include employee housing units, office, and subterranean parking, located at 501 North Frontage Road West/Unplatted, and setting forth details in regard thereto. (PEC07-0052) Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler Planner: Scot Hunn A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3- 7, Amendment, Vail Town Code, for a prescribed regulation amendment to Chapter 12- 21, Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards, and setting forth details in regard thereto. (PEC07-0053) Applicant: Town of Vail, represented by Tom Kassmel Planner: Rachel Friede A request for a work session to discuss the potential redevelopment of the Glen Lyon Office Building to allow for a mixed use development to include dwelling units, office, employee housing units, and subterranean parking, located at 1000 South Frontage Road West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC07-0054) Applicant: Glen Lyon Office Building ownership, represented by Resort Design Associates International Planner: Nicole Peterson 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 August 10, 2007, in the Vail Daily. lug ~~ a~ ~ Page 1 vgaq~~isaar.a.,v. ivavasss a:as:as eathua S 5 ~~:. a '~~~-dam 1 , ~° 1 y ~ L 1 1 E %, ~ , l ~~ ~~ sn ~ S 1 i `. 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I °_ ~\ I °_ I \1 ,~ ! \I l I I i I I I 3 f i i I I I s I i i -~ --- - I i I i^ j~ ,~ I i { f 1 I ~~ ~ ~~ I 10 ~_ i~ I i 1 I I ,i I -~ - i I ;~ ~ ~ ~~~ ~ ~ ~~ ~IORTt~ FROHT,4GE RO?~f7 ~°3~ $ m -P. ~ ~~~rg~~4~ Y,hIL GOLOR~DO d ~` 6~ • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 27, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 12- 3-7, Amendment, Vail Town Code, for proposed text amendments to Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of art, and to Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the grading standards, and setting forth details in regard thereto.(PEC07-0041) Applicant: Town of Vail Planner: Rachel Friede SUMMARY The applicant, Town of Vail, is requesting that the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council regarding the proposed text amendments to Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of art, and Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the • grading standards. Based upon Staff's review of the criteria outlined in Section V 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 VI of this memorandum. II. DESCRIPTION OF REQUEST Throughout the development and design review process, Staff has received suggestions on how to improve regulations to streamline the development review process while holding all development to our high standards. Therefore, Staff periodically returns to the Planning and Environmental Commission (PEC) and the Town Council to °clean-up" various sections of the Vail Town Code. One portion of the Code identified as needing improvement was the Town's grading standards found in Chapter 14-6, Grading Standards. The following includes a description followed by each proposed text amendment. Note that additions are in bold and deletions are in strilEEthra. *The proposed text amendments to amend Chapter 14-6, Grading Standards, occur in three places. The first text amendment seeks to clarify Section 14-6-1, General Grading. This Section includes Table 5, which outlines grading standards. The table is unclear for both . applicants and administrators of the Code. In order to ensure that the regulations are clear and concise, Staff proposes to replace the table with a few sentences that clearly outline the requirements. Currently, the table spells out what types of grading require a Professional Engineer (PE) stamp. The clarification will allow the administrator to use discretion in requiring • a PE stamp, which will reflect the current staff practice of using common sense in requiring a PE stamp. At the July 23, 2007 PEC meeting, commissioners said the previously proposed text amendments needed to be clarified because the amendment did not provide a clear enough picture of the standards. The text amendments have been changed to reflect those comments. Due to the addition of the word OSHA, the term will be defined in Section 14-2-2, Definitions, Vail Town Code. Chapter 14-2: Definitions 14-2-1: Definitions of Words and Terms: OSHA: Occupational Safety and Health Administration. Aregulatory office of the US Department of Labor. Chapter 14-6: Grading Standards 14-6-1: General Standards: This section provides a summary of grading standards within the Town of Vail. All grading is subject to design review to determine compatibility with existing topography, to review the extent of existing vegetation removal and to preserve significant features on the site. The administrator may require grading plans to be stamped by a Colorado Professional Engineer (PE). All temporary grading shall be in compliance with currently adopted OSHA standards. All permanent finished grades shall be at a maximum 2:1 (Horizontal:Vertical}, unless otherwise approved by the Administrator and providing that no grading exceeds 1:1 and that any grading steeper than 2:1 (H:V) • is designed and stamped by a Colorado Professional Engineer. ibis-ses~t~e~- f fa+l~la ~) p~ida s a s~ `r~' -FYYBCL L. . i ~. ~.' ~~2 ~o f'Y~ ~` ~• • *The second section to be amended, Section 14-6-2, Existing Vegetation, will replace the current table. Amendments were proposed to clarify this section, but keep the same standards. The PEC made comments at their July 23, 2007 meeting to update the regulation because it is onerous and unnecessary in many circumstances. In response, the following changes reflect the ability to be flexible on critical root zones depending on species type. 14-6-2: EXISTING VEGETATION: Grading around existing vegetation to be preserved on site shall be outside the critical roof zone, unless otherwise approved by the design review board. The critical root zone maybe defined as a radius equal to 1 foot for each inch of caliper measured 1 foot above the natural grade, or as defined by a qualified arborist or landscape architect. A tree preservation plan developed by a qualified arborist maybe required by the Administrator. TARI G R• !'OITI!''A1 onnr ~nn~c ~yy9e ~ Fees *The third section to be amended, Section 14-6-6, Floodplain Standards, currently requires that all grading in the floodplain be approved by ,the PEC. This has created a lengthy review process for what is sometimes routine maintenance or repair of utilities. The previously proposed text amendments outlined the new requirements for grading in the floodplain. • However, a seperate text amendment to Chapter 12-21, Hazard Regulations, will include the changes. Rather than repeat the same information in two places, staff prefers to reference Chapter 12-21. This will alleviate any confusion about grading in the floodplain. 14-6-6: FLOODPLAIN STANDARDS: All modifications, grading or installation of proposed improvements within fhe 100-year floodplain shall be in accordance with Secfion 12-21-11 of this Code. ~, ~,~ " ed. The environmental impact report shall include impacts to vegetation, riparian areas, appropriate hydraulic engineering calculations to show no increase in water sun`ace profile and velocity, as well as stating that there will be no adverse impacts to adjacent properties. No permanent improvements shall be constructed within one foot (1) of the floodplain line. III. BACKGROUND On July 23, 2007, Staff brought this item to the Planning and Environmental Commission for review, and the item was tabled. The PEC had numerous comments on the text amendments, and Staff has responded to those comments with changes to the proposed grading standard amendments. IV. APPLICABLE PLANNING DOCUMENTS • Title 12. Vail Town Code: Zoning Regulations Chapter 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 regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect 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 text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and (5) Such other factors and criteria the commission and/or council deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending andior granting an approval of an application for a text amendment the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the applicable elements of the 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 amendment furthers the general and specific purposes of the zoning regulations; and (3) That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner That conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Title 14. Vail Town Code: Development Standards Handbook Chapter 14-1: Administration 14-1-1: Purpose and Intent: It is the purpose of these rules, regulations, and standards to ensure the genera! 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. V. REVIEW CRITERIA As there are no formal criteria for text amendments to Title 14, the amendment provisions from • Title 12 will be used. • 1. The extent to which the text amendment furthers the purpose of the Development Standards Handbook; and Staff believes the proposed text amendments further the purpose of Title 14. The text amendments create a more comprehensive, clear, and concise Code that will promote the general welfare of the community. Adding clarity will ensure that development is safer for pedestrians, vehicles, and the community at large. Helping to streamline the development review process will also ensure adequate development of property within the town, as stated in Section 14-1-1, Purpose and Intent. 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 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. Specifically, the text amendments will further achieve a goal of the Vail Land Use Plan for Vail to grow in a controlled manner. Ensuring that regulations are clear and concise will increase the effectiveness of regulations, and thus, will help Vail grown in a controlled manner. 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 the proposed text amendments are in response to changing conditions. Staff has received complaints from applicants that Chapter 14-6 is confusing. Staff believes the proposed text amendments are responsive to the needs of applicants who do maintenance and repair work in the floodplain. The need for a streamlined process has arisen from the heavy workload of Staff and the PEC. 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, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. The proposed text amendments ensure these regulations are clear to applicants, and will ensure that grading both in and out of the floodplain is properly regulated. 5. Such other factors and criteria the Commission and/or Council deem applicable to.the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental • Commission forward a recommendation of approval to the Town Council for proposed text amendments to Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of art, and Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the grading standards, and setting forth details in regard thereto. • 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 for the Town of Vail's request for proposed text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed text amendments to Chapter 14-2, Definitions, 'Vail Tawn Code, to provide definitions for terms of art, and Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the grading standards, and setting forth details in regard thereto." Staff's recommendation is based upon the review Hof the criteria in Section V of this memorandum and the evidence and testimony presented. Should the Planning and 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 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, as referenced by Section V of Staff's August 27, 2007 memorandurri fo the Planning and Environmental Commission, and 2. That the amendments further the purpose of the Development Standards • Handbook, as referenced by Section V of Staff's August 27, 2007 memorandum to the Planning and Environmental Commission; and 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and 1'~armonious 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, as referenced by Section V of Staff's August 27, 2007 memorandum to the Planning and Environmental Commission." • • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 27, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendments, Vail Town Code, for proposed text amendments to Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code, to allow for amendments to regulations pertaining to outdoor display, sales signs, menu boards, and setting forth details in regard thereto. (PEC07-0043) Applicant: Town of Vail and Vail Chamber & Business Association Planner: Rachel Friede CJ I. SUMMARY The applicants, Town of Vail and Vail Chamber & Business Association, are requesting that the Planning and Environmental Commission forward a recommendation to the Vail Town Council regarding the proposed text amendments to Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code, to allow for amendments to regulations pertaining to outdoor display, sales signs, menu boards, and setting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the proposed text amendments, subject to the findings noted in Section VI of Phis memorandum. II. DESCRIPTION OF REQUEST This request is the result of a partnership formed between Town Staff and the Vail Chamber & Business Association (VCBA) to evaluate the Sign Regulations and their implementation throughout the Town. A survey was conducted among business owners and the Vail Economic Advisory Council was consulted in order to understand how the business community is affected by the Sign Regulations. The Vail Town Council recommended that Staff draft text amendments to reflect input from businesses and the Vail Economic Advisory Council (VEAC). Staff is proposing text amendments to the Sign Regulations and Zoning Regulations that meet the intent of the VEAC recommendations, and will alleviate some issues related to signage and outdoor display racks. The following outlines the rationale for the text amendments, followed by the pertinent code sections and proposed amendments. Staff requests PEC review the proposed text amendments, ask any pertinent questions, and then make a recommendation to the Vail Town Council. *The following amendment to Section 11-1-3, Applicability is necessary to clarify that ~ • signs require design review, but not necessarily review by the Design Review Board. 11-1-3: APPLlCABILITY.• Except as provided elsewhere in this title, the design, placement, and use of any signs shall be in compliance with all of the regulations specified in this title. All signs in the town of Vail are subject to the design guidelines and :>tandards (section 11-5-1 of this title) design review beard{D~B). * The following amendments to Section 11-2-1, Definitions Enumerated, are necessary to define terms that were added as a result of the proposed text amendments. 11-2-1: DEF/NI TIONS ENUMERATED: CHALK BOARD: A black or green colored, smooth hard panel for writing on with chalk. CHANGEABLE COPY.• A manually operated sign that displays graphical or word content that can be easily changed or altered; ~tewn-ef~il. DISPLAY BOX ~}: A freestanding or wall sign that is enclosed in glass or a similar clear material on at least one side, for the express purpose of displaying menus, real estate listings, entertainment options, or items related to the advertised business; allowed at eating and drinking establishments, real estate businesses and movie theaters only. • DRY ERASE BOARD: A black colored, plastic glossy surface that can be written on with special markers That allow markings that temporarily adhere to the surface of the board and that can be easily removed. OUTDOOR REPRESENTATIVE DISPLAY: A temporary outdoor arrangement of objects, items, or products representative of the merchandise sold or rented by a retail establishment. *The following amendment adds Subsection 1 ".I-4-2B to Section 11-4-2, Sign Application Review. Certain signs technically require design review, but businesses rarely submit applications for these types of signs. Therefore, staff feels that it will eliminate confusion and streamline the review process if the listed signs are not subject to design review. However, they are still subject to all requirements of Title 11. 11-4-2: S/GNAPPLICATIONREVIEW.• B. Exempt from review: the following types of signs do not require design review; but remain subject to the standards, guidelines, ar~d requirements of this title: 1. Sale signs 2. Business operation signs 3. Open/closed signs 4. All exempt signs listed in Section 11-9-1 of this Title 5. Promotional event posters *The following text amendments change the requirements for display boxes and sale • signs. Display boxes are currently allowed for eating and drinking establishments, real estate businesses and movie theaters. However, there are no provisions for dry erase or chalk boards. These text amendments seek to clarify the requirements for these types of signs. Eating and drinking establishments will be allowed display boxes with an attached chalk or dry erase board, subject to design review. All other chalk and dry erase boards will be expressly prohibited. 11-6-3: BUSINESS SIGNS: A. Sign District 1 (SD 1); Number, Area, Height, And Special Provisions Of Business Signs: :~ ss b-A-rc~• . c~ s. . ~, ~ n~evie businesses:- 2. Display boxes a. Applicability: Display boxes shall be allowed at eating and drinking establishments, real estate businesses, and movie theaters for the exclusive • display of materials associated with such businesses. For eating and drinking establishments, display boxes may include an attached chalk board or dry erase board, which shall be included in the total sign area calculation of the display box. b. Number: One display box shall be allowed per business frontage with a public entrance. c. Area: Each display box and chalk or dry erase board, if applicable, shall not exceed a combined area of six (6) square feet. d. Height: No part of any display box shall extend more than six feet (6) above existing grade. e. Location: Display boxes shall be attached to the exterior wall of the business frontage. Display boxes maybe freestanding, at the discretion of the Administrator, when practical difficulties prevent the attachment of a display box to the exterior wall of the building. f. Lighting: Display boxes may contain one concealed lighting source and shall conceal all electrical conduits. • 3. Sale signs: a. Number.• One dew sign per business b. Area: The area of the allowed sale sign shall not exceed 1.5 square feet. c. Height: The top of any sale sign shall not extend more than ten feet (10) above existing grade. d. :Location: Sale signs shall be placed inside a business' window or 1#-legate on an outdoor representative display task enEy. ~ ' g sa sq~+are-fee~.;~;sy f. ca!e-sigEa- p~ ~~~-da~,~ easy • B. Sign Districf 2 (SD 2); Number, Area, Height, And Special Provisions Of Business Signs: :~ cs display~eards~iE• , Q cc. b~4rE~ ' . ~ a . cs; aa~evie c w s~. businesses: 2. Display boxes a. Applicability: Display boxes shall be allo~Ned at eating and drinking establishments, real estate businesses, and movie theaters for the exclusive display of materials associated with such businesses. For eating and drinking establishments, display boxes may include an attached chalk board or dry erase board, which shall be included iin the total sign area calculation of the display box. b. Number: One display box shall be allowed per business frontage with a public entrance. c. Area: Each display box and chalk or dry erase board, if applicable, shall • not exceed a combined area of six (6) square feet. d. Height: No part of any disQJay box shall extend more than six feet (6) above existing grade. e. Location: Display boxes shall be attached to the exterior wall of the business frontage. Display boxes maybe freestanding, at the discretion of the Administrator, when practical difficulties prevent the attachment of a display box to the exterior wall of the building. f. Lighting: Display boxes may contain one concealed lighting source and shall conceal all electrical conduits. 3. Sale signs: a. Number. One ~vi~fevv-sign per business plasE ' b. Area: Shall not exceed 1.5 square feet. c. Height: The top of any sale sign shall not extend more than twenty five feet (25) above existing grade. d. :Location: Sale signs shall be placed inside a business' window or e- on an outdoor representative display rack only. *The following amendment seeks to clarify the Town's policy on promotional event posters. Currently, we allow people to display the posl:ers, as they promote a vibrant community and provide information to the public. Adding regulations will allow us to have some guidelines for businesses, and allow the posters to be displayed without • permit application. 11-7: OTHER SIGNS • 11-7-14: Promotional Event Posters A. Description: A sign depicting an event in the community that is not an exclusive advertisement for the business in which it is displayed. B. Number: No more than ten (10) promo#ional event posters shall be displayed by a business. C. Area: The area of promotional event posters shall not exceed twenty-five percent (25%) of the total window area. Promotional event posters do not count toward business sign area calculations. D. Height: The top of any promotional event poster shall not extend more than twenty five feet (25') above existing grade. E. Location: All promotional event posters shall be displayed inside windows of a business. F. Duration: Promotional Event Posters shall be removed within three (3) days of completion of the promofed event. *The following text amendment clarifies signs that are prohibited, in order to more effectively administer and enforce the Sign Regulations. 11-9-2: PROHIBITED SIGNS: The following signs are prohibited within the town of Vail: A. Animated signs that incorporate the use of movement (aside from natural wind induced movement) through revolving, rotating, or otherwise moving parts; 8. Signs with the illusion of movement e~sl~ang~.~le-sew; C. Signs (or the illumination thereof) that flash, pulse, move, rotate, scintillate, blink, • flicker, or vary in intensity and/or color; D. Signs that incorporate projected images, emit any sound which is intended to attract attention, or involve the use of live animals; E. Any sign advertising a business or service having been vacated for ninety (90) or more days. This provision does not apply to permanent signs accessory to seasonal businesses, provided there is clear intent to continue operation of the business; F. Any sign or structure that is unsafe or constitutes a hazard to safety for any reason; G. Any gas filled, illuminated or fiber optic sign that is less than four (4') feet from a window ~~~_`~~N~ H. Any sign or structure that obstructs ingress to or egress from a required exifway, that obstructs the view of vehicular traffic enfering or exiting a public roadway, or that creates an unsafe distraction for motor vehicle operators; 1. Any sign that could be confused with an official government sign (such as a traffic sign) but is not; J. Any off premises sign that is not otherwise regulated by this title; and K. All billboards. L. Pennants, banners, and bunting that are not associated with a special permit. M. Any dry erase board or chalk board that is not attached fo a display box at an eating and drinking establishment. N. Any dry erase board that is not black in color. O. Any chalk board that is not green or black in color. P. Any real estate literature displayed outdoors. *The following text amendment changes the penalty for violations of the Sign • Regulations from a minimum of $75 per day to the same standard penalty for the rest of the Vail Town Code. This will allow for penalties of up to $999 per day and up to 180 days in jail. CHAPTER 11-11: VIOLATIONS AND ENFORCEMENT • 11-11-2: PROCEDURE AND ENFORCEMENT.• A.Notice Of Violation: The administrator shall give written notice of the violation to the owner, general agent, lessee, or tenant of the building or premises at which such violation has been committed or to any employee, contractor, or any other person who commits, takes part in, or assists in any such violation. The written notice shall include the reason for violation, the time frame in which the sign in violation must come into compliance, the possible costs associated with the ,sign repair or removal, and the procedure for compliance that applies to the sign in violation. In addition to physical delivery via the administrator, the written notice shall also be mailed via certified mail to the business or owner at the address noted on the business license for that business or premises. B.Penalty: The business, building or premises at which such violation has been committed and which has been given written notice of the violation, or any person who commits, takes part in, or who assists in any such violation, shall be subject to penalty as provided in Section 1-4-1, General Penalty, of this Codes 7~.9A~for each calendar day after written notice is received that such violation continues. This shall not preclude the imposition of any other civil or administrative action or sanction. The correction of a violation of any provision of this title may not restrain imposition of these penalties. *The following text amendments clarify the regulations for outdoor displays. Currently, outdoor displays are allowed in eight zone districts, with little regulation beyond location of displays. These text amendments seek to clarify the Zoning Regulation, including a change of the term `outdoor display' to `outdoor representative display', and provide clear regulations of area, location, size and the permit process for outdoor representative display of retail goods. The proposed text amendments also outline a provision for businesses to lease adjacent Town-owned property when there is inadequate on-site space to display goods. The proposed amendments also outline the application procedure for outdoor display and the lease of town-owned property. Title 12: Zoning Regulations 12-2: Definitions 12-2-2: Definitions of Words and Terms; OUTDOOR REPRESENTATIVE DISPLAY: A temporary outdoor arrangement of objects, items, or products representative of the merchandise sold or rented by a retail establishment. Article 12-61: Housing District 12-ti/-9: LOCATION OF BUSINESS ACTIVITY.' A.Limitation; Exception: All conditional uses by Section 12-ti/-3 of this article shall be operated and conducted entirely within a building, excepf for permitted loading areas and such activities as maybe specifically authorized to be unenclosed by a conditional use permit and the outdoor representative display of retail goods, as outlined in Section 12-14-21. • B.Outdoor Representative Display Areas: The area to be used for outdoor • representative display must be located directly in front of the establishment displaying the goods and entirely upon the establislhment's own property, except when leasing Town-owned adjacent property for the express purpose of • outdoor display, as outlined in Section 12-14-21, Outdoor Representative Display, of this Title. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. ARTICLE 12-7B. COMMERCIAL CORE 1 (CC1) DISTRICT 12-78-18: LOCATION OF BUSINESS ACTIVITY.• A.Limitations; Exception: All offices, businesses, and services permitted by Sections 12- 78-2 through 12-78-5 of this arfic/e, shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor representative display of retail goods, as outlined in Section 12-14-21. B.Outdoor Representative Display Areas: The area to be used for outdoor representative display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property, except when leasing Town-owned adjacent property for the express purpose of outdoor display, as outlined in Section 12-14-21, Outdoor Representative Display, of this Title. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. ARTICLE 12-7C. COMMERCIAL CORE 2 (CC2) DISTRICT 12-7C-14:.LOCATION OF BUSINESS ACTIVITY.- A. Limitations; Exception: All offices, businesses and services permitted by Section 12- • 7C-3 of this article, shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas and the outdoor representative display of retail goods, as outlined in Section 12-14-21. B.Outdoor Representative Display Areas: The area to be used for outdoor representative display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property, except when leasing Town-owned adjacent property for the express purpose of outdoor display, as outlined in Section 12-14-21, Outdoor Representative Display, of this Title. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. ARTICLE 12-7D. COMMERCIAL CORE 3 (CC3) DISTRICT 12-7D-11: LOCATION OF BUSINESS ACTIVITY.• A. Limitation; Exception: All permitted and conditional uses by Sections 12-7D-1 and 12- 7D-2 of this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as maybe specifically authorized to be unenclosed by a conditional use permit and the outdoor representative display of retail goods, as outlined in Section 12-14-21. B.Outdoor Representative Display Areas: The area to be used for outdoor representative display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property, except • when leasing Town-owned adjacent property for the express purpose of outdoor display, as outlined in Section 12-14-21, Outdoor Representative Display, of this Title. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. • ARTICLE 12-7E. COMMERCIAL SERVICE CENTEF' (CSC) DISTRICT 12-7E-13: LOCATION OF BUSINESS ACT/VITY.~ A.Limitations; Exception: All permitted and conditional uses by Sections 12-7E-3 and 12- 7E-4 of this article shall be operated and conducted entirely within a building except for permitted parking and loading areas and such activities as maybe specifically authorized to be unenclosed by a conditional use permit and the outdoor representative display of retail goods, as outlined in Section 12-14-21. B.Outdoor Representative Display Areas: The area i`o be used for outdoor representative display must be located directly iri front of the establishment displaying the goods and entirely upon the establishment's own property, except when leasing Town-owned adjacent property for the express purpose of outdoor display, as outlined in Section 12-14-21, Outdoor Representative Display, of this Title. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. ARTICLE 12-7H. LIONSHEAD MIXED USE 1 (LMU-1') DISTRICT 12-7H-17: LOCATION OF BUSINESS ACTIVITY.' A.Limitations; Exception: All offices, businesses and ~;ervices permitted byzone district, shall be operated and conducted entirely within a ,building, except for permitted unenclosed parking or loading areas, the outdoor representative display of retail • goods, as outlined in Section 12-14-21, or outdoor restaurant seating. B.Outdoor Representative Display Areas: The area to be used for outdoor representative display must be located directly in front of the establishment displaying the goods and entirely upon the establi;>hment's own property, except when leasing Town-owned adjacent property for the express purpose of outdoor display, as outlined in Section 12-14-21, Outdoor Representative Display, of this Title. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. ARTICLE 12-7I. LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT 12-71-17: LOCATION OF BUSINESS ACTIVITY. A. Limitations; Exception: All offices, businesses and services permitted byzone district, shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor representative display of retail goods, as outlined in Section 12-14-21, or outdoor restaurant seating. B.Outdoor Representative Display Areas: The area to be used for outdoor representative display must be located directly in front of the establishment displaying the goods and entirely upon the estab/ishmenf's own property, except when leasing Town-owned adjacent property for the express purpose of outdoor display, as outlined in Section 12-14-21, Outdoor Representative Display, of this Title. Sidewalks, building entrancE~s and exits, driveways and • streets shall not be obstructed by outdoor display. ARTICLE 72-8E. SKl BASE/RECREAT/ON 2 (SBR2) DISTRICT • 12-8E-5: LOCATION OF BUSINESS ACTIVITY. . A.Limitations; Exception: All offices, retail sales, and commercial ski storage conducted in the ski base/recreation 2 (SBR2) district shall be operated and conducted entirely within a building, except for approved special community events, outdoor representative display of retail goods, as outlined in Section 12-14-21, and outdoor restaurant seating. B.Outdoor Representative Display Areas: The area fo be used for outdoor representative display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property, except when leasing Town-owned adjacent property for the express purpose of outdoor display, as outlined in Section 12-14-21, Outdoor Representative Display, of this Title. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 12-14-21: Outdoor Representative Display of Retail Goods: A. Purpose: The purpose of Phis section is to establish regulations for the outdoor representative display of retail goods for retail establishments. B. Applicability: Outdoor representative display of retail goods shall be permitted by retail establishments only in fhe following zone districts and shall be prohibited in all zone districts not listed: (1) Housing (H) District; (2) Commercial Core 1(CC1) District (3) Commercial Core 2 (CC2) District (4) Commercial Core 3 (CC3) District (5) Commercial Service Center (CSC) District (6) Lionshead Mixed Use 1 (LMU-1) District (7) Lionshead Mixed Use 2 (LMU-2) District (8) Ski Base/Recreation 2 (SBR2) District C. Permit Required: Outdoor representative display, where permitted by the provisions of this title, shall be subject to issuance of an outdoor representative display permit by fhe Administrator. The Administrator may allow fhe lease of adjacent Town-owned property as part of the outdoor representative display permit, per the requirements in this section. D. Application Contents: Application shall be made on a form prescribed by the Administrator, and shall be accompanied by a statement fully describing the nature of the outdoor representative display, including hours of operation, fixtures to be used, and other features of the outdoor representative display. The application shall describe in detail the manner in which the outdoor representative display will conform to the requirements of this chapter. The application shall be supported by documents, maps, plans, and other material as requested by the Administrator to evaluate the proposal. Application materials may include, but not be limited to, floor plans, site plans, parking and traffic circulation plans, verification of liability insurance, and title reports. E. Permit Issuance And Findings: After review of the application, the Administrator may issue an outdoor display permit if he/she finds that the proposed use conforms to the requirements of this Chapter. The permit may • be subject to any conditions the Administrator deems necessary to guarantee operation of the outdoor representative display in accordance with the F. G. requirements of this Chapter and compatibly with other uses in the vicinity. The Administrator shall deny the application if he/she finds the proposed • outdoor representative display does not conform to the provisions of this Chapter. Permit Time Limit; Renewal: Issued outdoor representative display permits shall be for a limited time period not exceedincl one year. Permits maybe renewable upon application, subject to such regulations as shall be in effect at the time of application for renewal. The Administrator shall make fhe same findings with respect to an application for renElwal as for the original issuance of an outdoor representative display permit. Requirements For Permit: Where permitted, outdoor representative display shall be subject to the following limitations: 1. Location: The area used for an outdoor representative display shat! be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property, except when leasing of town-owned property is permitted. Outdoor representative display fixtures shall be temporary in nature, and shall be removed frorn the exterior location when the business is closed. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor representative display. Outdoor display shall not pose a risk to public safety, a.s determined by the Administrator. A. Leasing of Town Owned Property: If the business does not have twelve square feet of on-site exterior display space, the business may request to lease adjacent town-owned property. A fee schedule for leasing town-owned property for outdoor representative display shall be set by the Vail Town Council. The Administrator shall make a determination that the leasing of the • town-owned property: meets the goals of the Vail Comprehensive Plan, does not pose a threat to life safety, does not impede pedestrian and vehicular circulation, and meets the aesthetic goals of fhe community at large. Leasing of town-owned property shall be a component of the outdoor representative display permit and shall be subject to all requirements of this Section. 2. Area: The largest horizontal area of all outdoor representative display of goods shall be a maximum of twelve square feet. (a) Exceptions: From May fo October, outdoor display of bicycles may be allowed additional square footage of area of the discretion of the Administrator. 3. Height: No part of any outdoor representative display shall extend more than six feet (6) above existing grade. 4. Signage: Signage is limited to one sale sign, per the regulations outlined in Section 11-6-3. No other signage is permitted on or adjacent to outdoor representative display of goods that is not otherwise approved by the Administrator, subject to the regulations of Title 11 of this Code.. 5. Cardboard boxes prohibited: Outdoor representative display of retail goods shall not include any cardboard boxes, unless part of individual packaging of goods. H. Permit Revocation Or Discontinuance: 1. An outdoor representative display permit may be revoked by the Administrator if he/she determines that the provisions of this chapter or the limitations prescribed as a condition of the permit are being violated. • io 2. An outdoor representative display permit shall become void if not used • within two (2) months of issuance, or if the outdoor representative display is discontinued for a continuous period of six (6) months. III. BACKGROUND On August 15, 2006, the Vail Council reviewed a presentation from staff regarding the current sign code and current sign issues in Vail Village and Lionshead. The Town Council directed staff to make several modifications to the code. Council also directed staff to utilize the Vail Economic Advisory Council to assist in developing policy recommendations. Staff distributed a survey to all businesses regarding signage, and received responses from 46 businesses. On September 19, 2006, Staff met with the Vail Economic Advisory Council to get recommendations on these issues. Staff reviewed the recommendations and went back to the VEAC meeting on November 14, 2006 to reiterate and confirm the recommendations. On November 21, 2006, Staff returned to the Town Council to review VEAC recommendations. The Town Council instructed staff to draft text amendments based on those recommendations. IV. APPLICABLE PLANNING DOCUMENTS Town of Vail Sian Reuaations (Title 11. Vail Town Code) Chapter 11-1: Description, Purpose and Applicability 11-1-2: PURPOSE: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B.Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in fhe town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village afmosphere. 3. To preserve a successful and high qualify business environment that is aided by signs fhat identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. 11-1-3: APPLICABILITY. Except as provided elsewhere in this Title, the design, placement, and use of any signs shall be in compliance with all of the regulations specified in this title. All signs in the town of Vail are subject to the design guidelines and standards (section 11-5-1 of this title) and review by the design review board (DRB). 11-3-3: PRESCRIBED REGULATIONS AMENDMENT.' A.Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, fhe planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: • 1. The extent to which the text amendment furthers the general and specific purposes of the sign regulations; and ii 2. The extent fo 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 text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other factors and criteria the PEC and/or town council deem applicable to the proposed text amendment. B.Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment, the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensives plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Town of Vail Zoning Regulations (Title 12. Vail Town Code 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 regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect 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 ~rould better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and (3) The extent to which the text amendment demonstrates how conditions have • substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and iz (4) The extent to which the text amendment provides a harmonious, convenient, • workable relationship among land use regulations consistent with municipal development objectives; and (5) Such other factors and criteria the commission and/or council deem applicable to the proposed Text amendment. V. REVIEW CRITERIA Staff believes that these text amendments are in accordance with the purpose and intent of Titles 11 and 12, as they are in the public interest and serve to improve the Code. The review criteria and factors for consideration for a request of a text amendment to Title 11 are established in accordance with the provisions of Section 11-3-3, Vail Town Code, and in Title 12, are established in accordance with the provisions of Chapter 12-3, Vail Town Code. A. Consideration of Factors Reaardina the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Sign and Zoning Regulations; and Staff believes that the proposed text amendments further the general and specific purposes of Titles 11 and 12. The text amendments create a more comprehensive, clear, and concise Code that will promote the general welfare of the community. The changes to the Sign Regulations and to the outdoor display regulations will allow fora better balance between resort and community, between the need for commercial advertisement and the need to preserve our aesthetic nature. 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. The text amendments will help control development, as outlined in the Land Use Plan goal section. 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 show a change in attitude among business owners, the VEAL and the Town Council to allow for some changes to the Sign and Zoning Regulations. 4. The extent to which the text amendment provides a harmonious, • convenient, workable relationship among land use regulations consistent with municipal development objectives. 13 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. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Town Council for proposed text amendments to Title 11, Sign Regulations, anti Title 12, Zoning Regulations, Vail Town Code, to allow for amendments to regulations pertaining to outdoor display, sales signs, menu boards, and setting forth details in regard thereto. Should the Planning and Environmental Commissions 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 for the Town of Vail's request for proposed text amendments to Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code, to allow for amendments to regulations pertaining to outdoor display, sales signs, menu boards, and setting forth details in regard thereto." Staff's recommendation is based upon the review of the criteria in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to recommend approval of the proposed • amendments, Staff recommends the following findings be incorporated into a motion: "1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2. That the amendments further the general and specific purposes of the Sign and Zoning Regulations; and 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of . the Town in a manner that conserves anti enhances its natural environment and its established character as a resort and residential community of the highest qualify." • 14 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 27, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 12- 3-7, Amendment, Vail Town Code, for a prescribed regulation amendment to Chapter 12-21, Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards, and setting forth details in regard thereto. (PEC07-0053) Applicant: Town of Vail Planner: Rachel Friede SUMMARY The applicant, Town of Vail, is requesting that the Planning and Environmental Commission forward a recommendation to the Vail Town Council regarding the proposed text amendments to Chapter 12-21, Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards. Based upon Staff's review of the criteria outlined in Section V 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 VI of this memorandum. II. DESCRIPTION OF REQUEST The primary purpose of the proposed text amendments is to update the flood hazard regulations in order to comply with the Federal Emergency Management Agency (FEMA) standards. FEMA is requiring all municipalities to adopt a form of their standards prior to December 4, 2007. Through the Town Engineer's involvement in this text amendment, additional amendments were added in order to clarify sections of Title 14 related to parking and driveways. The following outlines each section of text amendments with an explanation of the rationale for each amendment: *Chapter 12-21, Hazard Regulations is being updated to reflect FEMA standards. In Section 12-21-2, Definitions, new definitions are added, as provided by FEMA, and existing terms are redefined based on updated information and references. 12-21-2: DEFINITIONS: • For the purposes of this chapter, the words contained in this section are defined as follows: ALLUVIAL FAN FLOODING -Flooding occurring on the surface of an alluvial fan • or similar landform, which originates at the apex and is characterized by high- velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX - A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. AREA OF SHALLOW FLOODING - A designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow maybe evident. Such flooding is characterized by ponding or sheet flow. BASE FLOOD -The flood having a one percent chance of being equaled or exceeded in any given year. BASEMENT -Any area of the building having its floor sub-grade (below ground level) on all sides. CRITICAL FEATURE - An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT -Any man-made change in improved and unimproved real • estate, including but not limited to buildings o,r other structures, mining, dredging, filling, grading, paving, excavation ur drilling operations or storage of equipment or materials. ELEVATED BUILDING - Anon-basement building (i) built, in the case of a building in Zones Al-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the a/evafed floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even (hough the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. EXISTING CONSTRUCTION -For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM. "Existing construction" may also be referred to as "existing structures." • FLOOD HAZARD ZONE: "`~ ~, a^SS ,ES; $. w~ rr{I^^~„I~~nQv ~ ./.r/r ~r~ ' 7dCw ~ •"~ 77 7~~ ~-The land in the floodplain subject to a one percent or greater chance of flooding in any given year. The area maybe designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined Into Zones A, AE, AH, AO, Al-99, VO, V1-30, VE or V. FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of normally dry land areas from: 1. the overflow of inland or tidal waters. 2. the unusual and rapid accumulation or runoff of surface wafers from any source. FLOOD INSURANCE RATE MAP (FIRM) - An official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. ~~. a. bas~€lee~ • FLOOD INSURANCE STUDY -The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. FLOODPLAIN OR FLOOD-PRONE AREA -Any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLA/N MANAGEMENT -The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOOD PROTECTION SYSTEM -Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING -Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage • fo real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY (REGULATORY FLOODWAYJ -The channel of a river or other • watercourse and the adjacent land areas That must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more Phan a designated height. FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE -The highest natural elevation of the ground surface prior to construction next to the proposed wa!/s of a structure. HISTORIC STRUCTURE -Any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary • of Interior; or 4. classified as historically significant per Chapter 10-2, Special Historic and Architectural Structures, Vail Town Code. LEVEE - A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from Temporary flooding. LEVEE SYSTEM - A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR -The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the Nafr'onal Flood insurance Program regulations. MEAN SEA LEVEL -For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION -For the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the • effective date of an initial FIRM, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after December 4, 2007, and includes any subsequent improvements to such structures. ONE HUNDRED (100) YEAR FLOODPLA/N -See "Flood Hazard Zone" above. RECREATIONAL VEHICLE - A vehicle which is: 1. built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projections; 3. designed to be self-propelled or permanently towable by a light duty truck; and 4. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage • of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does if include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE - A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE -Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. WATER SURFACE ELEVATION -The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. • *Section 12-21-11, Flood Hazard Zones and Flood Hazard Studies, Vail Town Code, has been amended to adopt the latest FEMA Floodplain Insurance Study and accompanying documents. The • regulations also reflect proposed changes to the Floodplain Regulations in order to simplify the process for review. The proposed text amendments will establi:>h two permits, a Floodplain Use Permit that may be reviewed by the Floodplain Administrator or by the PEC, and a Floodplain Modification Permit, which must be reviewed by the PEC. 12-21-11: FLOOD HAZARD ZONES . ~e+re-are-fwe-,~`') csts-s~€leee~"~~s s~ #~e-tewr~-~'he~r~ ~4:,41F-ar^~:. s ~esig~e~' ^.~ . ~s, ~c :yell ~, ~~, e'?ElA ~ 3: 3R6A/~)}~ „ ~ ~Hl3g-tBW4~f' ^ ~ -~ ,~ ..+ d~ .,. ps 3.r6 'iEd:3~l6E7 ~~ ~ ~} A. PURPOSE: To promote public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; • 2. Minimize expenditure of public money for cosfly flood control projects; 3. Minimize the need for rescue and relief' efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; 7. Insure that potential buyers are notified that property is in a flood area. 8. Insure that those who occupy the flood'plain assume the responsibility for their actions; 9. Protect the natural areas required to convey flood flows and retain flow characteristics; and 10. Obtain and maintain fhe benefits to the community of participating in the National Flood Insurance Program. B. BAS/S FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD: The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Eagle County, Colorado and Incorporated Areas dated December 4~h, 2007, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are • hereby adopted by reference and declared to tre a part of this chapter. C. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR: • The Town Engineer or designee is hereby appointed the Floodplain Administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. D. DUTIES & RESPONSIBILITIES OF THE FLOODPLA/N ADMINISTRATOR: Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, fhe following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this chapter. 2. Review all permit applications to ensure that the requirements of this chapter have been satisfied and that fhe proposed improvement will be reasonably safe from flooding. 3. Review, approve or deny floodplain use and modification permits to determine whether proposed improvements meet the provisions of this chapter. 4. Review evidence prior to the issuance of a floodplain use permit that all necessary permits have been obtained from (hose federal, state, or local government agencies from which prior approval is required. Conditional floodplain use permits maybe issued contingent upon receipt of the above-mentioned agency permits. 5. Review and verify that no new habitable structure is constructed within the flood hazard zone. • 6. Review and verify That a licensed professional engineer or professional land surveyor certify the location of fhe 100 year floodplain on all development applications that are adjacent to, or partially located within the 100 year floodplain, That are proposing improvements That may effect the floodplain. 7. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. 8. Notify, in riverine situations, adjacent communities and the Colorado Division of Emergency Management, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. 9. Assure that the flood carrying capacity within any altered or relocated portion of any watercourse is maintained. 10. When base flood elevation data has not been provided in accordance with Subsection 12-21-11B, the Floodplain Adminisfraforshall obtain, review and reasonably utilize any base flood elevation data and floodway data available from Federal, State or other source, in order to administer the provisions of Subsection 12-21-11F. 11. When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated That the cumulative effect of the proposed development, • when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. • 12. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones Al-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision). E. FLOODPLAIN PERMITS 1. Floodplain Use Permit a. Purpose: The Floodplain Use Permit is a permit to allow temporary grading within the floodplain and allow for necessary public infrastructure improvements within the floodplain. A Floodplain Use Permit maybe issued under at least one of the following conditions: (1) Temporary grading in the Floodplain approved by the Floodplain Administrator, in which the site is returned to ifs existing grade and conditions; (2) Utility construction/maintenance within the Floodplain approved by the Floodplain Administrator which is deemed to have an insignificant impact to the 100 Year Floodplain; (3) Sfreambank stabilization within the floodplain approved by the Floodplain Administrator and is deemed to have an insignificant impact to the Floodplain; (4) Public Infrastructure construction/maintenance approved by the Floodplain Administrator including but not limited to roads, bridges, • recreation paths, walks, stream drop structures, and stream erosion control measures which are deemed to have an insignificant impact to the Floodplain; b. Floodplain Use Permit Application Submittal Requirements: Applicants shall provide the following information prior to design review or any review by the Planning and Environmental Commission: (1) Site plan at an engineering scale showing the location, dimensions, and elevations of the proposed landscape/grade alterations, existing and proposed structures, relevant landscape/topographic features, and the location of the foregoing in relation to the one hundred year floodplain. The floodplain line shall be provided on a plan certified by a licensed professional engineer or land surveyor. (2) Detailed topographic cross-sections provided by a licensed professional surveyor of the area proposed to be altered, showing existing and proposed conditions. (3)Description of the extent to which any floodplain will be altered including; why, when, how, and when if will be replaced back to its original configuration, and addressing each relevant criteria in Subsection 12-21-11 E-3. (4)Copy of all other necessary approved permits (i.e. Building permit, Public Way permit, ACOE permit, Dewatering permit, DOW permit, CDHPE permit, etc...)] (5) If required by the Floodplain Administrator, an engineered • floodplain analysis of the impacts to the floodplain prepared by a qualified licensed professional engineer. (6)Submitted application for a conditional FIRM and floodway revision • ~ through FEMA, if applicable. (7)Any additional information deemed necessary by the Floodplain Administrator. 2. Floodplain Modification Permit a. Purpose: A Floodplain Modification Permit is a permit to allow construction of improvements and/or modifications to the adopted floodplain for all other uses, improvements, or modifications to or within the floodplain that do not fall within the guidelines of the Floodplain Use Permit. However, no habitable structures or improvements shall be allowed to be constructed within the Floodplain. b. Floodplain Modification Application Submittal Requirements: Applicants shall provide the following information prior to design review or any review by the Planning and Environmental Commission: (1)Elevation of the lowest floor (including basement and crawl space) of all new and substantially improved structures within or adjacent to the floodplain. (2)Description of the extent fo which any floodplain will be altered including; why, when, how, and when it will be replaced back to its original configuration, and addressing each relevant factor in Subsection 12-21-11E-3. (3)Signature of the owners of all property subject to an impact by the proposed improvement. • (4)A site plan drawn fo an engineering scale showing the location, dimensions, and elevations of the proposed landscape/grade alterations, existing and proposed structures, relevant landscape/topographic features, and the location of the foregoing in relation to the one hundred year Floodplain. The floodplain line shall be provided on a plan certified by a licensed professional engineer or land surveyor. (5)Detailed topographic cross-sections provide by a licensed professional surveyor of the area proposed to be altered, showing existing and proposed conditions. (6)Copy of all other necessary approved permits (i.e. Building permit, Public Way permit, ACOE permit, Dewatering permit, DOW permit, CDHPE permit) (7)An engineered floodplain analysis of the impacts to the floodplain prepared by a qualified licensed professional engineer. (8)Copy of submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. (9) Environmental Impact Report, per Chapter 12-12, Vail Town Code. (10)Any additional information deemed necessary by the Floodplain Administrator. 3. Review, Criteria and Findings: At the discretion of the Floodplain Administrator, Floodplain Use Permits maybe reviewed by the Floodplain Administrator or the PEC. All Floodplain Modification Permits shall be • reviewed and approved by the Floodplain Administrator and the PEC. a. Criteria: The following factors shall be used fo make a determination in issuance of Floodplain Permits: (1) The effects upon the efficiency or capacity of the Floodway; (2)The effects upon persons and personal property upstream, • downstream and in the immediate vicinity; (3)The effects upon the one hundred year flood profile and channel stability; (4)The effects upon any tributaries to the main stream, drainage ditches and any other drainage facilities or systems; (5)The danger to life and property due to flooding or erosion damage; (6)The susceptibility of the proposed improvements and its contents to flood damage and the effect of such damage on the individual owner; (7)The danger that materials may be swept onto other lands to the injury of others; (8)The compatibility of the proposed use with existing and anticipated development; (9)The safety of access to the property in times of flood for ordinary and emergency vehicles; (10)The costs of providing govern-nental services during and after flood conditions including; maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (11)The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected of the site; (12)The effect the proposed changes will have any adverse environmental effect on the watercourse, including without limitation, • erosion of streambanks and strearnside trees and vegetation and wildlife habitat; (13)The necessity to the facility of a waterfront location, where applicable; (14)The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (15)The relationship of the proposed use to the comprehensive plan for that area. b. Findings: The following findings shall be made before granting of a floodplain permit: (1) That the proposed use or modification adequately addresses the findings in Subsection 12-21-11E-3A, as determined by the Floodplain Administrator. ,unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. (2) That the proposed use or modification is consistent with the adopted goals, objectives and polr'cies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and (3) That the proposed use or modification is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) Thaf the proposed use or modification 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 io and enhances its natural environment and its established character as • a resort and residential community of the highest quality. 4. Permit Fees: The town council shall set a floodplain permit schedule sufficient to cover the cost of town staff time, consultant fees, and incidental expense. 5. Expiration of Permit: Floodplain Permits shall expire two (2) years after its date of issuance if the permittee has not started construction under the permit. F. Provisions for Flood Hazard Reduction 1. General Standards: In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements: a. Habitable structures or improvements shall NOT be permitted fo be constructed within the one-hundred year floodplain. Improvements that maybe approved for construction within the one-hundred year floodplain include: (1) Temporary grading in the Floodplain approved by the Floodplain Administrator, in which the site is returned to its existing grade and conditions; (2)Utility construction/maintenance within the Floodplain approved by the Floodplain Administrator which is deemed fo have an insignificant • impact to the Floodplain; (3)Streambank stabilization within the floodplain approved by the Floodplain Administrator and is deemed to have an insignificant impact to the Floodplain; (4)Public Infrastructure construction/maintenance approved by the Floodplain Administrator including but not limited to roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures which are deemed to have an insignificant impact to the Floodplain. b. An insignificant impact to the Floodplain shall be defined as: An improvement in the floodplain that is a public benefit That meets the criteria set out in Subsection 12-21-11F-1A and causes no negative impacts to adjacent properties and no permanent localized cumulative increase in the adopted Base Flood Elevations (BFE) greater than 0.25' vertical feet. The applicant shall apply for a conditional FIRM and floodway revision Through FEMA, if applicable. c. All new structures or improvements, unless otherwise specifically provided for within this Chapter, shall not influence the 100-year floodplain and shall maintain a minimum clear distance from the 100- yearfloodplain of one (1) foot in both the horizontal and vertical directions. d. Floor plans and elevations illustrating that the lowest floor elevations including basement, of the new or substantially improved structure, shall be elevated to at least one foot (1 ~ above the base flood • elevation. e. All approved new or modified improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or ii lateral movement of the improvement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; • f. All new approved construction or modified improvements shall be constructed by methods and practr"ces that minimize flood damage; g. All new approved construction or modified improvements shall be constructed with materials resistant to flood damage; h. All existing non-conforming structures located within fhe 100 year floodplain that may require maintenance shall not negatively impact the adopted BFE's or adjacent properties in anyway, unless as provided by Subsection 12-21-11F-1A.; and shall increase conformity and flood protection as required by the Floodplain Administrator (i.e. floodproofing, flotation prevention, flood resistant materials, etc...). i. All existing non-conforming structures that may require maintenance to operational systems that are within the floodplain shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities That are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. j. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; k. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, 1. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. • 2. Standards For Areas Of Shallow Flooding (AO/AH Zones) Located within the areas of special flood hazard established in Subsection 12-21- 116, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of` 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow maybe evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: a. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community"s FIRM (at least two feet if no depth number is specified). b. All new construction and substantial improvements ofnon-residential structures; have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or; together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. c. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Chapter are satisfied. • is d. Require within Zones AH or AO adequate drainage paths around • structures on slopes, to guide floodwaters around and away from proposed structures. 3. Floodways: Floodways -located within areas of special flood hazard established in Subsection 12-21-116, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: a. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. b. If Subsection 12-21-11Fabove is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Subsection 12-21-11F. c. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. • 12-21-10: DEVELOPMENT RESTRICTED: E. ~'e~; fe e~t~is-title;--t~ ~s_ JC 7 • /l rrl 9 7 / •I (~ 7f71 R A l 42 ~ • ,1. ? S~-9r~9-fA9~{-~ ~ u^ 8'19~i9R:• ~' S, -F/99~/3/e~.; ~ 2. flA6e!-@I6~IAn: • .r ? ~~hstanfial/jf ev~s~~l str~stt~~, a. • 7s> a.U--t~#ality 13 5846@-li~}~S ?S • ~~ ~ e~7 ~~#iSfi9~ 1) a ~91FB-t~}9 "acs f199c-~eleifa#i9n: ~ c 12-21-16: RIGHT OF APPEAL: Nothing in this chapter shall be deemed to deny any interested person his/her rights to appeal the decision of the administrator in acconlance with section 12-3-3 of this title. In addition, nothing in this chapter shall be deemed to deny any interested person his/her rights to seek a variance from the requirements of this chapter,-e~~%ep~in-tl~e sase~ers G ~e~sa g c 't88~ea~flee~ Variances shall be governed by the provisions of chapter 17 of this title. *The following changes occur to Chapter 14-2, Definitions, and 14-3, Residential Access, Driveway and Parking Standards. The acronym AASHT'O is used in Table 2, and is defined in 14-2, Definitions. In Table 1, the maximum grade centerline in asingle-family, two-family and primary/secondary allows for up to 16% slope for driveways that are heated and engineered with a flat recovery area. It is not practical to have such a regulation, as requiring a flat recovery area would allow for a flatter grade, thus achieving conformity with the 12% maximum grade. This provision has never been used and confuses applicants into thinking they can have up to a 16% grade when other options exist for flatter driveways. Table 2 has been amended to allow for AASHTO site distance standards to be used where the town's stricter requirements cannot be met. AASHTO gives developments options such as technology, video and signals when site distance triangles are unachievable. Title 14: Development Standards Handbook Chapter 14-2: Definitions: AASHTO: American Association of State Highway and Transportation Officials Chapter 14-3. Residential Access, Driveway and Parking Standards 14-3-1: Minimum Standards: This section (Tables 1 and 2) specifies the access, driveway and parking standards for residential development. These standards are subject to all conditions and exceptions described herein. These standards shall be considered the minimum standards. When two or more standards conflict, the more restrictive standard shall apply. • • 14 Table 1: Driveway/Feeder Road Standards Single-family, Two-family, Primary/Secondary -access fo not more than 3 Standard dwelling units (including EHUs) -structures and all portions thereof within 150' from edge of street pavement Driveway/Feeder Road Min. Width Normal (Detail 1) Min. Width 90° corner (cross-over) (Detail 2) Min. Width Entrance/Curb-cut (Detail 1) Max. Width Entrance/Curb-cut (Detail 3) Min. Grade Centerline (Detail 4) Max. Grade Centerline (Detail 4) Max. Grade Centerline Corner/Cross-over (Detail 2) Max. cross-slope grade (Detail l ) Entry angle min. deflection for first 30' of driveway length (Detail 5) Max. centerline break- overgrade (Detail 6) Max. grade at edge of public road asphalt (Detail 4) Max. length of max. grade at edge of public road asphalt (Detail 4) Min. centerline turning radius (Detail 7) 12' 15' 16' (flare to 16') 24' head in 48' back out 0.5% 10% unheated 12 % heated ~5°~ heated-~ar3d ~'i+~ 8% unheated 12% heated 8% 45° 14% 8% 10' 20' Multiple Family -access to 4 to 11 dwelling units -feeder road only 20' -Access from feeder road to units shall comply with single- familyrequirements contained herein 24' 24' (flare to 24' with 10'curb-return radius) 36' 0.5% 9 % unheated 12 % heated 8% unheated 12% heated 8% 70° 6% 6% 115' 30' is Multiple Family -access to more than 11 dwelling units -feeder road only 22' -Access from feeder to units shall comply with single-family requirements contained herein 24' 28' (flare fo 28' with 15' curb-return radius) 36' 0.5% 9 % unheated 12% heated 8% unheated 10% heated 8% 70° 4% 4% 30' 40' Table 2: Residential Access and Parking Standards Single-family, Two-family, Primary/Secondary Multiple Family Multiple Family -access to not more than 3 -access to 4 to 11 -access to more than 11 Standard dwelling units(inc EHUs) dwelling units dwelling units -structures and all portions -feeder road only -feeder road only thereof within 150' from edge of street pavement ~ Curb Cuts Curb cuts permitted (number) I 1 per street per unit 1 2 per parcel I Minimum necessary for Maximum of 2 curb cuts per lot adequate access Parking Requirements Min. horizontal clearance between 24' N/A N/A garage doors (parallel to road) to edge of public street pavement (Detail 3) Min. horizontal clearance between 5' S' S' required parking space and edge of public street or feeder road pavement Min. horizontal clearance from N/A 2' from obstructions 5' from obstructions feeder road to structures 5' from buildings 10' from buildings /obstructions (e.g., guardrails, trees, retaining walls, etc.) (Detail 8) Parking space size 9'x 19'surface See Table 4, See Table 4, 9' x 18' enclosed Commercial/Multiple-Family Commercial/Multiple-Fa ' Parking Lot Standards Parking Lot Standards Sight distance triangle Forward Movement: 10' 10' perpendicular x 250' 10' perpendicular x ' (Detail 3) perpendicular x 250' lateral lateral or per AASHTO lateral {s#ist~~emplianse Backward Movement: 15' x 250' intersection sight lateral or per AASHTO distance standards if intersection sight distance required by the r-npy~}or per standards if required by the Administrator. ~sttist AASHTO intersection Administrator, sight distance standards, if required ab by the Administrator, pl~sisply} semf-ly} or by an approved mitigation device. Back-out/Turn-around area 12' wide Back-out into right-of-way Back-out into right-of-way (Detail 7) 20' centerline radius prohibited prohibited Designed for 3 point turn or less Turn-around area: Car turn-around area: Required when: 12' wide 12' wide - cross-over angle is greater than 120°; 20' centerline radius 20' centerline radius - entry angle is less than 70°; Designed for 3 point turn or Designed for 3 point turn or - accessing a collector, arterial, or less less commercial street; or Truck turn-around area: • - backout sight triangle requirement is Shall be designed so trucks not met. exit site forward as determined by traffic engineer based on uses proposed. Driveway Pan (Drainage) 4' wide concrete pan at edge of asphalt 4' widES concrete pan at edge 8' wide concrete pan at edge (Detail l) for the full width driveway pavement of aspha/t for the full width of asphalt for the full width including returns driveway pavement including driveway pavement inclu~q returns returns 16 • • * Section 14-3-2, Other Requirements, has been amended to clarify curb cut and pan maintenance. Currently, it is unclear who maintains curb cuts and pans, although it has been policy to require maintenance by access owners. This text amendment will ensure that access owners maintain their curb cuts and pans when damage occurs. Another regulation was outlined in this section, clarifying where improvements can be in relation to the edge of road or public walk/path in or adjacent to the right-of-way. These requirements are currently policy but are not codified. 14-3-2: Other Requirements: G. Access curb cuts/pans Maintenance: All access curb cuts and/or driveway pans shall be maintained by the access owner. Heaving, concrete degradation, cracking, etc... shall be repaired in a timely manner by the access owner. The Town may require the access owner to repair non-functioning or hazardous access curb cuts/pans within 30 days of notification or the Town may complete the repair at the expense of the access owner. An invoice shall be sent to the owner and shall be paid within 30 days or alien maybe placed on the property. H. Landscape and Other Improvements within or adjacent to the Right of Way: All improvements and landscaping within or adjacent to the Right of Way shall be subject to Town of Vail approval and shall require a revocable right of way permit to be recorded with Eagle County. The improvements shall adhere to the following guidelines unless otherwise approved by the Administrator: Improvement Trees Shrubs/perennials/annuals/etc.. . Retaining walls & other permanent obstructions Water features, decks, patios, parking, private signs, entry features, gates, fences, private lights, cobble lined ditches Irrigation & Grass Min. Offset from Edge of Public road 10' 5' 10' Not allowed in right-of-way 2' Min. Offset from Edge of Public walWpath 5' 2' 5' Not allowed in right-of--way 0' * The following text amendments occur in Chapter 14-5, Parking Lot and Parking Structure Design Standards for All Uses. Changes to Table 4 have been proposed in order to comply with generally accepted engineering standards. In 14-5-2, Other Requirements, language was added to the valet parking subsection in order to clarify limitations on tandem parking. Another subsection was added to clarify ramp grades in parking structures, also per generally accepted engineering standards. Chapter 14-5. Parking Lot and Parking Structure Design Standards For All Uses 14-5-1: MINIMUM STANDARDS: i~ TABLE 4: PARKING LOT DESIGN STANDARDS Angle of Minimum Minimum parking space One-way drive aisle Two-way drive aisle 0° (parallel) 12' 22' 45° -~' 14' 22' 60° 16' 24' 75° ~-' 19' 24' 90° 24' 24' Cross-over ~-' 17' ~4-' 30' drive aisle Drive aisle 12' 22' with no parking Min. opening 12' 20' for a parking structure enfrance Minimum Parking stall size and clearance 9' x 24' 9' x 19' surface 9' x 18' enclosed 8' x 16' compact (up to 25% of required parking iri lots with more than 15 parking spaces and clearly marked as such) 7' height clearance for enclosed parking 9' x 19' surface 9' x 18' enclosed 8' x 16' compact (up to 25% of required parking in lots with more Phan 15 parking spaces and clearly marked as such) 7' height clearance for enclosed parking 9' x 19' sun`ace 9' x 18' enclosed 8' x 16' compact (up to 25% of required parking in lofs with more than 15 parking spaces and clearly marked as such) 7' height clearance for enclosed parking 9' x 19' sun`ace 9' x 18' enclosed 8' x 16' compact (up to 25% of required parking in lots with more than 15 parking spaces and clearly marked as such) 7' height clearance for enclosed parking n/a I n/a I n/a :7 • ;~ is 14-5-2: Other Requirements: • K. Valet Parking Valet parking shall be allowed, but shall not exceed 50% of the required parking on-site. Valet parking shall be calculated utilizing an 8' x 18' parking space for each car (parallel spaces must be 9' x 20). Cars may be parked ~ up fo 4 cars deep in a valet lot stacked in a manner in which any vehicles that may have to be temporarily moved by a valet to gain access to another vehicle can be temporarily parked in a location that does not block public drive/pedestrian aisles or a designated parking space. M. Parking Structure Ramp Grades: Parking Structure Ramp Type Passenger Vehicle Only and Internal to Structure Passenger Vehicle Only and External (Exposed to weather) Commercial/Loading & Delivery 111. BACKGROUND Maximum Parking Space Cross slope 6% 6% 6% Maximum Ramp Maximum Grades Centerline Grade Break 14% 8% Unheated 9% 8% Heated 12% Unheated 9% 6% Heated 12% • This application was made by the Town of Vail, per the direction of the Town Engineer, in order to comply with FEMA regulations. The Town Engineer also included basic changes to Title 14 that were confusing or unclear to applicants. The Town of Vail made a separate application for changes to Chapter 14-6, Grading Standards, in order to allow for certain grading in the floodplain without PEC review. Those changes are reflected in the proposed text amendments to Chapter 12-21, Hazard Regulations. IV. APPLICABLE PLANNING DOCUMENTS Title 12. Vail Town Code: Zonina Reaulations Chapter 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 regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendmenf: (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; 19 and (3) The extent to which the text amendment demonstrates how conditions have • substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and (5) Such other factors and criteria fhe commission and/or council deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: (1) That the amendment is 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 amendment furthers the general and specific purposes of the zoning regulations; and (3) That the amendment promotes the health, safE~ty, 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. Title 14. Vail Town Code: Development Standards Handbook Chapter 14-1: Administration 14-1-1: Purpose and Intenf: • !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 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. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the purpose of the Zoning Regulations and the Development Standards Handbook; and Staff believes the proposed text amendments further the purpose of Title 12 and Title 14. The text amendments create a more comprehensive, clear, and concise Code that will promote the general welfare of the community. Updating our regulations to meet FEMA requirements will provide for a safer and better-regulated floodplain, which will in turn protect the community. Adding clarity will ensure that development is safer for pedestrians, vehicles, and the community at large. Helping to streamline the development review process will also ensure adequate development of property within the town, as stated in Section 14-1-1, Purpose and Intent. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adapted goals, objectives, and policies • outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and ao • Staff believes 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. Specifically, the text amendments will further achieve a goal of the Vail Land Use Plan for Vail to grow in a controlled manner. ft is important to protect the floodplain, and these regulation changes will control disturbance of that floodplain, and thus, control growth. 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 Changes to Chapter 12-21 are in direct response to changing FEMA regulations. Those changes have-made our existing regulations inapplicable and thus, they need to be amended to reflect those changes. The remaining changes are in response to changes in generally accepted engineering standards and in AASHTO standards. 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, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. The • proposed text amendments ensure that the floodplain is managed properly, and that development has parking and driveway standards that are in line with generally accepted engineering standards. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Town Council for proposed text amendments to Chapter 12-21, Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards for proposed changes to the grading standards, and setting forth details in regard thereto. 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 for the Town of Vail's request for proposed text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed text amendments to Chapter 12-21, Hazard Regulations, Vail Town Code, in order to • comply with FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards, and setting forth details in regard thereto. " zi Staff's recommendation is based upon the review of the criteria in Section V of this • memorandum and the evidence and testimony presented. Should the Planning and 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 with tP~e 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, as referenced by Section V of Staff's August 27, 2007 memorandum to the Planning and Environmental Commission, and 2. That the amendments further the purpose of the Zoning Regulations and Development Standards Handbook, as referenced by Section V of Staff's August 27, 2007 memorandum to the Planning and E=nvironmental Commission; 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 ifs established character as a resort and residential community of the highest quality, as referenced by Secfion V of Staff's August 27, 2007 memorandum to the Planning and Environmental Commission." • • as • PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ~. August 13, 2007 '1~WNOFVAIL ' 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT Dick Cleveland Anne Gunion Bill Jewitt Rollie Kjesbo Michael Kurz Bill Pierce MEMBERS ABSENT Dave Viele Site Visits: None 10 minutes 1. A request for a final review of a conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code, to allow for the construction of a Type II Employee Housing Unit, in association with the construction of a new residence, located at 1107 and 1109 Vail Valley Drive/Lots 7 and 8, Block 6, Vail Village Filing 7, and setting forth details in regard thereto. (PEC07-0047) Applicant: Donna Giordano, represented by VAG, Inc., Architects and Planners Planner: Bill Gibson ACTION: Approved with condition(s) • MOTION: Pierce SECOND: Kurz VOTE: 4-0-2 (Gunion ~ Kjesbo recused) CONDITION(S): 1. This conditional use permit approval shall be contingent upon the applicant's continued compliance with the executed Type II EHU deed restriction. Commissioners Gunion and Kjesbo recused as they are working for the applicant on this project. Bill Gibson presented an overview of the proposal and the staff memorandum. Christy D'Agostino, VAG, representing the applicant, was available for questions. There was no public comment. Dick Cleveland asked what restrictions applied to this EHU. Bill Gibson summarized the deed restriction requirements. 10 minutes 2. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed text amendments to Sections 12-6B-2, 12-6B-3, 12- 6C-2, 12-6C-3, 12-6D-2, 12-6D-3, 12-13-4, Vail Town Code, to allow a Type II employee housing unit as a permitted use, and to eliminate a Type II employee housing unit as a conditional use, in the Single-Family Residential (SFR), Two-Family Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and setting forth details in regard thereto. (PEC07- 0042) . Applicant: Town of Vail Planner: Bill Gibson/Nina Timm Page 1 ACTION: Recommendation of Approval MOTION: Kjesbo SECOND: Cleveland VOTE: 6-0-0 Bill Gibson presented an overview of the proposal and the staff memorandum. • There was no public comment. There was no commissioner comment. 10 minutes 3. 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 modification to a shared property boundary, located at 3816 and 3826 Lupine Drive/Lots 8 and 9, Bighorn Subdivision 2"d Addition, and setting forth details in regard thereto. (PEC07-0045) Applicant: June Frazier Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Cleveland VOTE: 6-0-0 CONDITIONS: 1. The applicant must execute any necessary utility easement relocation agreements, with the applicable utility providers, prior to the recordation of this amended final plat. 2. The applicant and his successors and assigns, shall not be permitted to request any variances subsequent to the approval of this amended final plat for Lots 8 and 9, Bighorn Subdivision 2"d Addition, on the basis that the resulting approved plat created a physical hardship for developing these lots. Bill Gibson presented an overview of the proposal and the staff memorandum. The applicant, June Frazier, was available for questions. • There was no public comment. There was no commissioner comment. 10 minutes 4. A request for a final review of an exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of bay windows, located at 201 Gore Creek Drive (Bell Tower Building)/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0048) Applicant: Herman Staufer, represented by VAG, Inc., Architects and Planners Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Cleveland VOTE: 6-0-0 CONDITIONS: 1. This approval is contingent upon the applicant obtain Town of Vail design review approval for this proposal. 2. The applicant must obtain and execute an encraachment agreement, or similar agreement as deemed appropriate by the Town Attorney, for the entry feature prior to application for a building permit. 3. The applicant must pay all required commercial linkage employee housing mitigation fees. Bill Gibson presented an overview of the proposal and the staff memorandum. There was no public comment. • Page 2 There was no commissioner comment. • 10 minutes 5. A request for a final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for improvements to an approximately two-mile length of the Gore Valley Trail, from Sunburst Drive to Bighorn Road, and a conditional use permit, pursuant to Section 12-8-C3, Conditional Uses, Vail Town Code, to allow for the relocation of a paved, non-motorized bicycle path and pedestrian walkway, located on Tract A, Vail Valley Filing 4 and unplatted properties, (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC07-0049) Applicant: Town of Vail, represented by Gregg Barrie Planner: Scot Hunn ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Kurz VOTE: 6-0-0 CONDITIONS: 1. The applicant shall address concerns (widen and/or realign) regarding the path section nearest the Memorial Gardens to better accommodate carts parking and blocking path. 2. The applicant shall address all areas where sharp and or blind curves exist; realign all sections as necessary to improve site lines. Scot Hunn presented an overview of the proposal and the staff memorandum. • It was discussed that apull-off for the shuttles taking people to the Memorial Gardens be put in place as there are some limited site distances to stop when the shuttle is stopped in the bike path. Chairman Jewitt expressed concern regarding "Section 4" on the plans; the Applicant clarified that this section of the path is one of primary focus for realignment and re-grading due to steep grades and poor lines of sight relative to the intersection with the golf cart path. Commissioner Kurz inquired about areas of the existing path located in "Section 11" on the plans. He suggested that certain areas in this section are blind curves and ought to be addressed within the scope of this project. 60 minutes 6. A request for a work session for review of a major exterior alteration, pursuant to Section 12-7H- 7, Major Exterior Alterations or Modifications, Vaii Town Code, to allow for the redevelopment of the Lionshead Inn and Lionshead Inn Annex (Fogata), located at 701 and 705 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC07- 0027) Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: Table to September 10, 2007 MOTION: Cleveland SECOND: Kjesbo VOTE: 6-0-0 Warren Campbell gave a presentation per the staff memorandum. Rocky Cortina, representing the applicant, stated that today there presentation would include the • topics of providing "live beds" per the recommendations of the Lionshead Redevelopment Master Page 3 Plan, the proposal for providing employee housing mitigation, and a discussion of the proposed bulk, mass, and height of the development. Allison Kent, representative of the applicant, gave a prE~sentation on how the proposed • development would meet the recommendations of the Lionshead Redevelopment Master Plan (LHMP). Mrs. Kent, discussed language existing in the LHMP, specifically covering pertinent requirements and / or language encouraging approval of projE~cts that maintain and / or enhance live beds. The presentation included the historic conditions on the property such as occupancy rates, revenue generation, and the number and sizes of units which equaled 85 accommodation unit "keys". The presentation on live beds concluded by describing the proposed project which will have a total of 89 "keys" in various types of units. Mrs. Kent continued her presentation by discussing the proposed method of mitigating the employee housing generated by the development. She discussed that the applicant was proposing to utilize the pay-in-lieu method which would result in a fee of approximately $2.3 - $2.9 million. Commissioner Jewitt asked staff how the pay in lieu fee would be used by the Town to provide employee housing. Warren Campbell replied that there was no specific plan for the revenue provided by the Fogata project; however, the funds would be utilized to purchase units, buy down units, or construct units within the Town. Commissioner Gunion asked for clarification on the number of units and beds existing on the site vs. the number being proposed. Rocky Cortina stated that there were 85 hotel rooms, about half of which had one bed and the • other half had two beds. He added that the total number of beds added is key to their proposal, not necessarily number of rooms. Eduardo Illanes and Will Henchel, architects representing the applicant, gave a presentation on the bulk, mass, and height of the proposed development. The presentation described the project as being on the "edge" of the major redevelopment /traffic corridor between EverVail and the Lionshead parking structure; with Arrabelle in the center (and closest in proximity). The presentation continued with a discussion of the Vision Statement of the LHRP, referencing the use of historic Vail Village and alpine architecture as precedents. The presentation concluded by running through a matrix of how the applicant. believed the proposal was in compliance with LHMP and code. Eduardo Illanes then presented the models prepared for the meeting. The presentation described conformance with the master plan, specifically the stepping of forms laterally, pedestrian level facades, and change in materials with stepping. The model, combined with images (photos and renderings), existing and "future" conditions within Lionshead, demonstrates variability in built form; sizes, heights, colors, styles and textures. Commissioner Gunion asked if the model was more accurate to the proposed direction or are the elevations found in the materials? Will Henchel stated that the model was more representatives of the direction the project was evolving from the comments they have heard thus far. • Page 4 Commissioner Kurz stated that the development was looking a bit too "urban" in form; understand that this area is not in close proximity to original /historic village, but bringing the • forms and style better into conformance with Vail Village alpine architectural style is supportable. He was in agreement with Jeff Winston's comments. In regards to employee housing mitigation, money is great, but at some point pay-in-lieu will be ineffective given limited amount of sites and projects that town can use money for. Rollie Kjesbo stated that he also agreed with Jeff Winston's comments, specifically the need for more stepping in roof lines and forms. He furthered his comments by stating that the project should include some percentage of employee housing on-site. He suggested a third of the requirement may be appropriate. Commissioner Cleveland agreed with Commissioner Kjesbo comments regarding employee housing. He felt the Town must start requiring housing on-site to truly mitigate housing problem. He felt the building was too monolithic -not enough or the right kind of steps in building fagade and form. Further there are too many (distracting) changes in materials; need to simplify. Commissioner Pierce didn't understand how the project conforms with previously identified issues /concerns /suggested changes. Dominic Mauriello, representing the applicant, stated that they felt several of the previously identified concerns are for the DRB to review. Warren Campbell clarified that materials, detailing, and landscaping are DRB issues. Topics such as bulk, mass, forms, etc. are PEC issues. • Commissioner Pierce described concerns regarding the number and types of different roof, balcony and other forms /fenestration; building does not conform to the LRMP, specifically: free standing shed dormers are not permitted. Building has several free standing shed roofs on the elevations. Eduardo Illanes pointed to adjacent, surrounding structures as "different" compared to the Village; diverse amongst themselves (within Lionshead). He added that he understood the comment regarding shed roofs. Commissioner Pierce continued with describing the need to make building(s) better conform with overall (desired) image of town. Current proposal is too "timely" vs. timeless. Secondary roof forms "tacked" on to face are absolutely out of conformance. Commissioner Jewitt reiterated Commissioner Cleveland's concerns; use fewer materials - building needs to come back in better conformance with LRMP guidelines. He suggested that the applicant work out the basics of architectural compliance before moving forward. He too was concerned that there is no housing provided on-site. Dominic Mauriello clarified that the guidelines /master plan does not say no sheds; it says no free-standing sheds (or butterfly roofs). Commissioner Gunion stated her disappointment with the direction of the design of the building since it was last shown. She felt there was a greater sense of hierarchy and interest in the previous design. The "retail colonnade" element is too enclosed and doesn't invite pedestrians. Her previous comment regarding street presence /pedestrian base was not addressed; situation • has gotten worse -created corridor. She continued by stating that the southeast corner is now closed, has too tiny an opening as point of entry; she agrees with Jeff Winston's comments. Page 5 Shed or not, the design is too linear; small (secondary) roof Norms are not prominent, but repeat without creating hierarchy in form and changes in mass (mass to void). Should be creating spaces on /within building that a11ow for living areas to open up to exterior. Should be identifying • important elements of building (corner) and building up toy that mass, playing off of certain elements. There is room for variety and `eclectic" nature of styles present in Vail, but opportunities are being missed. Jeff Winston stated that in the review of the Ritz-Carlton Residences there are a number of elements which do not necessarily conform exactly with the recommendations of the LRMP; however, adjustments were made to "tell a story". He suggested that Fogata, with some work and changes, could incorporate several non-traditional elements. He further stated that the guidelines are ambiguous and confusing as there are references to historic Vail Village architecture; however, this site may be somewhat pivotal and different in relation to other new buildings -Arrabelle, Ritz-Carlton residences are distinctive and this development could be an anchor that reinforces the theme that is emerging. He stated that the desired theme should be clarified in this work session -basic forms and composition should reinforce, while allowing for smaller areas on the building to "break the mold." Jim Lamont, representing the Vail Village Homeowners association, requested clarification regarding specific points listed in the memorandum from Jeff Winston, specifically as they relate to stepping the structure. He added that he was worried that the "new" direction (as market driven) is towards more contemporary, not towards more Arrabelle. He generally agreed that more stepping and simplification of materials is a needed; though thought the lack of transparency at pedestrian level is troublesome. He asked if the proposed housing mitigation method was the discretion of the PEC? Warren Campbell stated that Ordinances No. 7 and 8, Series of 2007, gave discretion to the • PEC to determine if a proposed mitigation was appropriate. Bill Jewitt summarized that there appeared to be consensus with the Commissioners that a portion of the employee housing needs be addressed on-site and that the issues related to bulk (forms) and massing need more attention. Jeff Winston stated that the guidelines refer to bulk and mass as related to roof forms and pitch; individual elements of proposed building (roof forms, pitches, overhangs) may not necessarily be out of conformance with specific guidelines, but the total composition is something that needs to be addressed to accomplish simplification of forms, materials, increased transparency and stepping. Rocky Cortina stated that he understood the concerns and would ask for clarification regarding EHUs; could these be accomplished as deed restricted off-situ? Several Commissioners stated that part of the intent of the regulations was to create more housing within the Town. The Commissioners stated that some number needed to be provided within the development. Commissioner Gunion asked if there were currently any monies available in the mitigation fund? Warren Campbell stated that there were some minimal amounts form previous projects. Commissioner Gunion suggested that because there are little to no funds in the mitigation account currently, it might be appropriate on this project to accept the funds. On future projects • it may not be as appropriate. Page 6 Commissioner Cleveland stated that any amount of housing provided on-site is better than • nothing. Warren CampbeN asked if the Commissioners had any concerns with the "live bed" provisions? Commissioner Cleveland stated that live beds are "false" beds that did not replace the accommodation units and he was not in agreement with the applicant's proposal to comply. 7. A request for a final review of an exterior alteration or modification, pursuant to Section 12-76-7, Exterior Alterations or Modifications,. Vail Town Code, to allow for an exterior renovation and the remodel of the third floor residence, located at 201 Gore Creek Drive (Bell Tower Building)/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0046) Applicant: Bell Tower Partners, Ltd., represented by VAG, Inc., Architects and Planners Planner: Scot Hunn ACTION: Tabled to August 27, 2007 MOTION: Cleveland SECOND: Kjesbo VOTE:6-0-0 8. A request for a final approval of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two new lots necessary for the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, 1031 South Frontage Road West, and the South Frontage Road West right of way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC07-0020) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell . ACTION: Tabled to August 27, 2007 MOTION: Cleveland SECOND: Kjesbo VOTE: 6-0-0 9. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning from Arterial Business District to Lionshead Mixed Use 2, located at 953 and 1031 South Frontage Road (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth Details in regard thereto. (PEC07-0021) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell ACTION: Tabled to August 27, 2007 MOTION: Cleveland SECOND: Kjesbo VOTE: 6-0-0 10. A request for a work session for review of conditional use permits, pursuant to Section 12-7H-3, Permitted and Conditional Uses, First Floor on Street Level, Vail Town Code, to allow for attached accommodation units, lodge dwelling units, and multiple-family residential units on the first floor, and pursuant to Section 12-7H-5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a private parking lot, located at 701 and 705 West Lionshead Circle and Lionshead Inn Annex (Fogata)/Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC07-0028) Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: Tabled to September 10, 2007 MOTION: Cleveland SECOND: Kjesbo VOTE: 6-0-0 n ~J Page 7 11. A request for a worksession to discuss a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the Rucksack Building, located at 288 Bridge Street/Lot D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0039) Applicant: Jeffrey Selby, Charles Rosenquist and Richard Brown, represented by Jay Peterson Planner: Scot Hunn ACTION: Tabled to August 27, 2007 MOTION: Cleveland SECOND: Kjesbo VOTE; 6-0-0 12. A request for a worksession to discuss a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 17, Ramshorn, to allow for the redevelopment of Ramshorn Lodge, located at 416 Vail Valley Drive/Block 3, Vail Village 5th Filing and Tract F-1, Vail Village Filing 5, and setting forth details in regard thereto. (PEC07- 0038) Applicant: Ramshorn Lodge, represented by Pylman & Associates, Inc. Planner: Scot Hunn ACTION: Tabled to October 8, 2007 MOTION: Cleveland SECOND: Kurz VOTE: 6-0-0 13. 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 within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (PEC07-0036) Applicant: Ed Williams, represented by William Hein Associates Planner: Bill Gibson ACTION: Withdrawn 14. Approval of July 23, 2007 minutes MOTION: Pierce SECOND: Kurz VOTE: 6-0-0 15. Information Update 16. Adjournment MOTION: Pierce SECOND: Kurz VOTE: 6-0-0 The applications and information about the proposals are availak~le 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 10, 2007, in the Vail Daily. • • Page 8 2077 • TNIS IITEi11MAY AFFECrPRYWEIRiY PUBLIC NOTICE PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 8/10/2007 and that the last publication of said notice was in the issue of said newspaper dated 8/10/2007. f In witness whereof has here unto set my hand this 23rd day of August, 2007 / / /~ - - ~ub1i~,Ke1'7Cieneral Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 23rd day of August, 2007. ~Y ~~ ~ ~ ~- .,•..,...,~ ~ ,rn~ ` ~ ~s~ . ~~•' ~.~1 ~/ Pamela Joan Sch tz PApeELA d. Notary Public .~ My Commission expires: No 1, 2007 ~ QF~ .~.r' 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 at 1:00 pm in the Town of Vail Municipal Building, in coruideration of: ~~~ i~ A request for a work session to discuss the poten- tial redevebpment of Solar Vail to allow for a mixed ' use development to include employee housing units, office, and subterranean parking, located at 501 NoRh Frontage Road WestNnplatted, and set- ting forth details in regard thereto. (PEC07-0052) Applicant:Sonnenalp Properties, Inc., represented by Johannes Faessler Planner:Scot Hunn A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed reg- ulation amendment to Chapter 12-21, Hazard Reg- ulations, Vail Town Code. in order to comply with FEMA floodplain regulations, and Title 14, Devel- opment Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards, and setting forth details in regard thereto. (PEC07-0053) Applicant:Town of Vail, represented by Tom Kass- mei Planner:Rachel Fdede A request for a work session to discuss the poten- tial redevelopmem d the Gkin Lyon Oilice 8uildng to allow for a mixed use development to include dwelling units, office, employee housing units, and subterranean parking, located at 1000 South Frontage Road WesULot 54, Glen Lyon Subdivi- sion, and setting forth details in regard thereto. (PEC07-0054) Applican[:Gien Lyon Office Building ownership, represented by Resort Design Associates Interna- tional Planner:Nicole Peterson The applications and information about the propos- als are available for public inspection during office hours at the Town of Vaii Community Develop- ment 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 Developmem Department. Please call 970-479-2138 for additional informa- tion. Sign language interpretation is available upon re- quest, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Im- paired, for information. Published August 10, 2007, in the Vail Daily B~Z~~o~- Zo~ PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE SS. • ~ I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 8/24/2007 and that the last publication of said notice was in the issue of said newspaper dated 8/24/2007. In witness whereof has here unto set my hand this 31st day of August, 2007 lisher/C~ era anagerBditor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 315` day of August, 20 --~ 2~ ~~'.~ ~ ~ %~ ~ f ill ~ , . o ~~.~ P ~o ; ~a r~iela Joan Schultz $CHUL~ = Notary Public My Commission~'~~~~~' 1, 2007 ~~ PLANNING AND ENVIRONMENTAL COMMISSION PUB).IC MEETING Auguat27,2007 O ~ L CHAMBERS TOWN COUN CI / PUBLIC WELCOME MEMBERS PRESENTMEMBERS ABSENT $ltg Visits: t,Solar Vail - 501 North Frontage Road West 2.GIen Lyon Office Building - 1000 South Frontage Road West 3.Selby Residence R 1463 Aspen Grove Lane DHver: Warren 10 minutes 1.A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend a platted building envelope, located at 1463 A s p e n G r o v e Lane/Lot SB, Block 2, Lions Ridge Filing 4, and setting forth details in regard thereto. (PEC07-0037) Applicant:Robertond Kristine Selby, represented by John G. Martin, Architect, LLC Planner.Bilf Gibson ACTION: MOTION: SECOND: VOTE: 20 minutes 2.A request for a work session to discuss the potential redevelopment of the Glen Lyon Office Building to allow for a mixed use development to include dwellingg units, office, employee housing units, and subterra- cesn ^a*king, located at 1000 South Frontage Road WesVLOt 54, Glen Lyon Subdivision, and setting forth details in reggard thereto. (PEC07-0054) ',pplicant:Glen Lyon Office Building ownership, represented by Jay Peterson P sonar: Nicole Peterson ACTION: MOTION: SECOND: YOTE: 1b minutes 3.A request for a final review of an exterior alteration or modification, pursuant to Section f 2-78-7, Exteri- or Akerations or Modifications, Vail Town Code, to allow for an exterior renovation and the remodel of the third floor residence, Located at 201 Gore Creek Drive (Bell Tower Building)/Lot F., Block 58, Vaii Village Filing 1, and setting forth details in regard thereto. (PEC07-0046) Apphcant:Bell Tower Partners, Ltd., represented by VAG, Inc., Architects and Planners Planner:Scot Hunn ACTION: MOTION: SECOND: VOTE: 30 minutes 4.A request for a final recommendation to the Vail Town Council to discuss a major eMerior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the re vebpment of the Rucksack Building, located at 288 Bridge Street/Lot D, Block SA, Vail Village Filing settingg forth details in regard thereto. (PEC07-0039) nt:Jeffrey Selby ,Charles Rosenquist and Richard Brown, represented by Jay Peterson r:Scot Hunn A ION: MOTION: SECOND: VOTE: 20 minutes S.A request for a work session to discuss the potential redevelopment of Solar VaiV to allow for a mixed use development tb include employee housing units, office, and subterranean parN:ingg I o c a t e d a t 5 D 1 North Frontage Road WesUUnplatted, and setting forth details in regard thereto. (I'EC07-0052) Applicant:Sonnenalp Properties, Inc., represented by Johannes Faessler Planner:Scot Hunn ACTION: MOTION: SECOND: VOTE: 10 minutes 6.A request for a Final recommendation to the Vail Town Council, pursuant to Section 12-3.7, Amendment, Vail Town Code, for proposed text amendments to Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of an, and to Chapter 14-6, Grading Standards, Vail T o w n Code , for propose d changes to the grading standards, and setting forth details in regard thereto. (PEC07-0041) Applicant:Town of Vail Plannec Rachel Frieda ACTION: ^-~~--~~~,,~~~~ MOTION: SECOND:11OTEi `- -" -~ --_ 15 minutes 7.A request tot a final recommendation to the Vail Town Council, pursuant to Section 12-3.7, Amendment, Vail Town Code, for a prescribed regulation amendment to Chapter 12-21, Hazard Flegulations, Vail Town Code, in order to comply with FEMA floodplain regulations, and Title 14, D e v e l o p m e n t Standard s Handbook, Vail Town Code, for clarifications to driveway and parking standards, and setting forth details in regard thereto. (PEC07-0053) AooircantTown of Vail, represented by Tom Kassmel ~ ~rer:Rachel Frieds ACTION MOTION: SECOND: VOTE: 20 minutes S.A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendments, Vail Town Code, For proposed text amendments to Title 1 t, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code, to allow for amendments to regulations pertairnng t o o u t d o o r display, sales signs, menu boards, and Setting forth details in regard thereto. (PEC07-0043] Applicant:7own of Vail and Vail Chamber 8 Business Association Planner:Rachel Frieda ACTION: MOTION: SECOND: VOTE: 9.A r uest for a final approval of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two new lots necessary for the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 9 3 4 , 9 5 3 , 1031 South Frontage Road West, and the South Frontage Road West right ofwaylUnplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and Setting forth details in regard thereto. (PEC07-0020) Applicant:Vaii Resorts Development Company, represented by Thomas Miller Planner:Warren Campbell ACTION Table to September 10, 2007 MOTION: SECOND: VOTE: t0.A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, PPursuant to 12.3-7, Amendments, Vail Town Code, to allow for a rezoning from Arterial Business District to Lionshead Mixed Use 2, located at 953 and 1031 South Frontage Road (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth Details in regard thereto. (PEC07-0021) Applicant:Vail Resorts Development Company, represented by Thomas Miller Planner:Warren Campbell ACTION:Table to September 10, 2007 MOTION: SECOND: VOTE: 11.Approval of August 13, 2007 minutes MOTION: SECOND: VOTE: 12.tnformation 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 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 2A, 2007, in the Vail Daily (5780009) • PLANNING AND ENVIRONMENTAL COMMISSION September 10, 2007 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT Michael Kurz Bill Pierce Rollie Kjesbo Dave Viele MEMBERS ABSENT Anne Gunion Dick Cleveland 12:OOp.m. -Training: Lionshead Redevelopment Master Plan (lunch provided) Site Visits: None 60 minutes 20 minutes 1. A request for a final review of a variance, from Section 12-6C-6, Setbacks, Vail Town Code, to allow for the construction of a new garage, located at 1626 Vail Valley Drive (Golf Terrace)/Lot 2, Warren Pulis Subdivision, and setting forth details in regard thereto. (PEC07-0056) Applicant: Donald W. Diones, represented by Aker Architects Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Pierce SECOND: Kurz VOTE: 4-0-0 CONDITION(S): • 1) This approval shall be contingent upon the applicant obtaining Town of Vail approval of the design review application associated with this variance request. Commissioner Viele disclosed a personal relationship he has with the applicant, but stated he felt he could act impartially in reviewing the request. Bill Gibson gave a presentation per the staff memorandum. There was no public comment. The Commissioners expressed the support for the proposal as it was a unique circumstance and complied with the criteria for granting a variance. 2. A request for a work session for review of conditional use permits, pursuant to Section 12-7H-3, Permitted and Conditional Uses, First Floor on Street Level, Vail Town Code, to allow fvr attached accommodation units, lodge dwelling units, and multiple-family residential units on the first floor, and pursuant to Section 12-7H-5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a private parking lot, located at 701 and 705 West Lionshead Circle and Lionshead Inn Annex (Fogata)/Lot 1, 61ock 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC07-0028) Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC Planner: Warren Campbell . ACTION: Table to September 24, 2007 MOTION: Pierce SECOND: Viele VOTE: 4-0-0 Page 1 3. A request for a work session for review of a major exterior alteration, pursuant to Section 12-7H- • 7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the Lionshead Inn and Lionshead Inn Annex (Fogata), located at 701 and 705 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC07- 0027) Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: Table to September 24, 2007 MOTION: Pierce SECOND: Viele VOTE: 4-0-0 4. A request for a final approval of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two new lots necessary for the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, 1031 South Frontage Road West, and the South Frontage Road West right of way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC07-0020) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell ACTION: Table to September 24, 2007 MOTION: Pierce SECOND: Viele VOTE: 4-0-0 5. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning from Arterial Business District to Lionshead Mixed Use 2, located at 953 and 1031 South Frontage Road (a complete legal description is available for inspection at the Town of Vail Community • Development Department), and setting forth Details in regard thereto. (PEC07-0021) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell ACTION: Table to September 24, 2007 MOTION: Pierce SECOND: Viele VOTE: 4-0-0 6. Approval of August 27, 2007 minutes MOTION: Kurz SECOND: Viele VOTE: 4-0-0 7. Information Update Staff informed the Commission that the process for finding candidates to replace the vacant seat were in process. The interviews and selection will occur with Town Council on September 18tH 8. Adjournment MOTION: Pierce SECOND: Kurz VOTE: 4-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please 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 ~ublished September 7, 2007, in the Vail Daily. Page 2 PLANNING AND ENVIRONMENTAL COMMISSION September 10, 2007 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT 12:OOp.m. -Training: Lionshead Redevelopment Master Plan (lunch provided) 60 minutes Site Visits: 1. Diones - 1626 Vail Valley Drive (Golf Terrace) Driver: Bill 20 minutes 1. A request for a final review of a variance, from Section 12-6C-6, Setbacks, Vail Town Code, to allow for the construction of a new garage, located at 1626 Vail Valley Drive (Golf Terrace)/Lot 2, Warren Pulis Subdivision, and setting forth details in regard thereto. (PEC07-0056) Applicant: Donald W. Diones, represented by Aker Architects Planner: Bill Gibson • ACTION: MOTION: SECOND: VOTE: 2. A request for a work session for review of conditional use permits, pursuant to Section 12-7H-3, Permitted and Conditional Uses, First Floor on Street Level, Vail Town Code, to allow for attached accommodation units, lodge dwelling units, and multiple-family residential units on the first floor, and pursuant to Section 12-7H-5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a private parking lot, located at 701 and 705 West Lionshead Circle and Lionshead Inn Annex (Fogata)/Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC07-0028) Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: Table to September 24, 2007 MOTION: SECOND: VOTE: 3. A request for a work session for review of a major exterior alteration, pursuant to Section 12-7H- 7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the Lionshead Inn and Lionshead Inn Annex (Fogata), located at 701 and 705 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC07- 0027) Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC Planner: Warren Campbell • ACTION: Table to September 24, 2007 MOTION: SECOND: VOTE: Page 1 4. A request for a final approval of a preliminary plan for a major subdivision, pursuant to Chapter • 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two new lots necessary for the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, 1031 South Frontage Road West, and the South Frontage Road West right of way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC07-0020) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell ACTION: Table to September 24, 2007 MOTION: SECOND: VOTE: 5. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning from Arterial Business District to Lionshead Mixed Use 2, located at 953 and 1031 South Frontage Road (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth Details in regard thereto. (PEC07-0021) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell ACTION: Table to September 24, 2007 MOTION: SECOND: VOTE: 6. Approval of August 27, 2007 minutes MOTION: SECOND: VOTE: 7. Information Update • 8. 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 September 7, 2007, in the Vail Daily. • Page 2 • • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 10, 2007 SUBJECT: A request for a final review of a variance, from Section 12-6C-6, Setbacks, Vail Town Code, to allow for the construction of a garage addition, located at 1626 Vail Valley Drive/Lot 2, Warren Pulis Subdivision, and setting forth details in regard thereto. (PEC07-0056) Applicant: Donald W. Diones, represented by Aker Architects Planner: Bill Gibson I. SUMMARY The applicant, Donald W. Diones, represented by Aker Architects, is requesting a variance from Section 12-6C-6, Setbacks, Vail Town Code, to allow for the construction of a garage addition, located at 1626 Vail Valley Drive/Lot 2, Warren Pulis Subdivision. While the subject site has a Vail Valley Drive address, the subject site is physically located along the south side of Golf Terrace. Golf Terrace is a private road that accesses Vail Valley Drive near its intersection with Sunburst Drive. 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, subject to the findings noted in Sections VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Donald W. Diones, represented by Aker Architects, is requesting a variance from Section 12-6C-6, Setbacks, Vail Town Code, to allow for the construction of a new garage, located at 1626 Vail Valley Drive/Lot 2, Warren Pulis Subdivision. The applicant's proposed garage addition will expand an existing detached, flat roofed, single-car garage into a detached, flat roofed, two-car garage. This garage addition will add 300 sq. ft. of floor area to the easterly side of the existing garage. This new garage floor area is not calculated as GRFA (gross residential floor area); since the provisions of Chapter 12-15, GRFA, Vail Town Code, allow certain portions of a garage to be deducted from the calculations. The applicant is also proposing to expand an existing roof patio/deck located above the existing single-car garage to also cover the proposed garage addition. The proposed garage addition and patio/deck expansion is designed to match the exterior building materials and paint colors of the existing single-car garage. • A vicinity map (Attachment A), the applicant's request (Attachments B), the proposed • architectural plans (Attachment C), and the Public Notice (Attachment D) are attached for reference. III. BACKGROUND The subject site was annexed into the Town of Vail on May 6, 1972, by Ordinance No. 5, Series of 1972. A design review application was submitted, reviewed, and approved by the Town of Vail in 1987 to allow for a new "two family duplex residential structure with separate garage and entries" to be constructed on the site. Other than a 203 sq.ft. deck enclosure addition to this south unit of the duplex in 1998, the structure has not been expanded since its original 1987 construction. 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 Section 12-6C-1: Purpose The two-family residential district is intended to provide sites for low density single-family ortwo-family residential uses, together with such public facilities as maybe appropriately located in the same district. The two-family district is intended to provide 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. Section 12-6C-6: Setbacks In the R 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 difficulties and unnecessary physical hardships inconsistent with the objectives of Phis 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 (hereon; 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. • 2 • V. SITE ANALYSIS Address: 1626 Vail Valley Drive Legal Description: Lot 2, Warren Pulis Subdivision Zoning: Two-Family Residential Land Use Plan Designation: Medium Density Residential Current Land Use: Existing Duplex Lot Size: 17,984 sq. ft. (0.4129 acres) Environmental Hazards: None Standard Allowed/Reauired Existing Proposed Setbacks (min): East Side 15 ft. 15 ft. 4 ft. Rear: 15 ft. 43 ft. 24 ft. West Side 15 ft. 15 ft. no change Front: 20 ft. 65 ft. no change Density (max): 2 dwelling units 2 dwelling units no change GRFA (max): 4,592 sq. ft. 3,725 sq. ft. no change* Site coverage (max.): Landscape Area (min.): • Parking (min.): '` the 300 sq. ft. of propc *" per Town of Vail files 3,597 sq. ft. (20%) 2,817 sq, ft. (16%)** 3,117 sq. ft. (17%) 10,790 sq. ft.(60%) 12,769 sq. ft. (71%)** 12,469 sq. ft. (69% 3 3 (1 enclosed) 3 (2 enclosed) used garage floor area is deducted from the GRFA calculations VI. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Multiple Family Low Density Multiple Family South: Multiple Family Low Density Multiple Family East: Multiple Family Low Density Multiple Family West: Open Space & Duplex Two-Family Primary/Secondary 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 Regarding Variances: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. The existing duplex structure was originally constructed under Town of • Vail jurisdiction approximately twenty years ago and is conforming to the Town's current development standards. However, this site is impacted by 3 unique constraints that do not apply generally within the Two-Family • Residential District. The subject site shares driveway access with the adjacent, existing duplex on Lot 1, Warren Pulis Subdivision. This four-unit (i.e. Lot 1 duplex and Lot 2 duplex) joint driveway dictates the potential locations for garages and parking on the subject site. The joint driveway runs along the north and east sides of the subject duplex. The applicant owns the south duplex on Lot 2, so vehicular access can only be achieved at either the current garage location or at an alternative location along the western edge of the site. This limits the applicant's options in constructing a second garage bay similar to other homes in the neighborhood. The applicant can either add to the existing garage or construct a new single-car garage on the western portion of the lot. Staff believes there are practical difficulties that prevent the applicant from constructing a new single-car garage on the western portion of the lot: • the two single-car garages would be on opposite sides of the same dwelling unit • the applicant's duplex unit was originally constructed along the western side setback line • anew garage on the north western side of the app.licant's duplex would adversely affect the north duplex unit • construction of a new single-car garage on the western portion of • the lot would require the removal of an existing grove of mature trees and vegetation Therefore, Staff believes the applicant's only practical option for constructing a second garage bay is an addition to the existing garage. The applicant could add to the front, the rear, the west side, or the east side of the existing garage. However, Staff believes there are practical difficulties in expanding the existing single-car garage to the front, the rear, or to the west side. An addition to the front (i.e. north) of the existing garage would block access to the neighboring unit's existing two-car garage. An addition to the rear (i.e. south) of the existing garage would require significant excavation into the rear hillside and the removal of many existing mature aspen trees. An addition to the west side of the existing garage would not be practical due to the close proximity of the existing duplex structure. Therefore, Staff believes an addition to the east side of the existing garage is the most practical option for the applicant to construct a second garage bay, similar to other homes in the vicinity. • 4 • The area located directly east of the existing garage currently functions as an exterior surface parking space. The applicant's proposed garage addition would essentially enclose this surface parking space, so there would be no change to the existing vehicle traffic movements on the lot. The existing surface parking space was excavated into the rear hillside and was physically defined with boulder retaining walls during the original construction of the duplex. Currently, grade at the rear of the existing garage and at the rear of the existing surface parking space is level with the roof patio/deck above the garage. The proposed garage addition would retain the rear hillside in a similar manner as the existing boulder walls and will require less site disturbance and removal of vegetation than a rear garage addition alternative. Since the applicant's proposed garage addition will essentially enclose an existing surface parking space, Staff does not believe approval of this variance request will not have a significant negative affect on the existing or potential uses and structures in the vicinity, 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. Staff believes that relief from the strict and literal interpretation and enforcement of the side setback regulations will grant the applicant the relief necessary to achieve compatibility among sites in the vicinity to construct atwo-car garage. On numerous occasions, the Planning and Environmental Commission and the Vail Town Council have determined that setback variances may be approved to achieve the Town's development goal of enclosing parking. Therefore, Staff does not believe the approval of this request would 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. The proposed garage addition is located on the easterly side of the existing garage and will enclose an existing surface parking space that is already physically defined by existing retaining walls. Therefore, Staff does not believe the requested side setback variance will have a negative effect on light and air, distribution of population, transportation and traffic utilities, public facilities and utilities, or public safety in comparison to existing conditions. • 4. Such other factors and criteria as the commission deems applicable to the proposed variance. 5 VIII. STAFF RECOMMENDATION • The Community Development Department recommends approval, with conditions, of a variance, from Section 12-6C-6, Setbacks, Vail Town Code, to allow for the construction of a garage addition, located at 1626 Vail Valley Drive/Lot 2, Warren Pulis Subdivision, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this variance request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a variance, from Section 12-6C-6, Setbacks, Vail Town Code, to allow for the construction of a garage addition, located at 1626 Vail Valley Drive/Lot 2, Warren Pulis Subdivision, and setting forth details in regard thereto, subject to the following condition: This approval shall be contingent upon the applicant obtaining Town of Vail approval of the design review application associated with this variance request. " Should the Planning and Environmental Commission choose to approve 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 not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the Two-Family District, based upon the review outlined in Section Vll of the Staff's September 10, 2007, memorandum to the Planning and Environmental Commission. 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, based upon the review outlined in Section Vll of the Staff's September 10, 2007, memorandum to the Planning and Environmental Commission. 3. This variance is warranted for 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 Title 12, Zoning Regulations, Vail Town Code, based upon the review outlined in Section VIl of the Staff's September 10, 2007, memorandum to the Planning and Environmental Commission. b. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally fo other properties in the same district, based upon the review outlined in Section Vll of the Staff's September 10, 2007, memorandum to the Planning and • Environmental Commission. 6 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 disfricf, based upon the review outlined in Section VII of the Staff's September 10, 2007, memorandum to the Planning and Environmental Commission. " IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Site Photographs D. Architectural Plans E. Public Hearing Notice L 7 Attachment B Aker DIONES ADDITION Nature of Variance Requested The specific regulation involved is: 12-6C-6:SETBACKS The variance requested is to accommodate a proposed one car garage adjacent and attached to an existing one car garage. The side setback is 15 feet. This variance is requested due to the existing natural site constraints. A strict or literal interpretation of the site setback would require extensive site development, which would be disruptive to the surrounding neighbors. 0~1 J Ed~~rards Vill~g~; Blvd, A~{}3 i'' ~ BQX 2 r C~~ ~ Edo^lards, C~ £31532 ~a7J ~LG.6~90 s t>70.~2~.0~;34 fux ~~ Aker , rr.~t~ct~ • DIONES ADDITION A) The requested variance is for a one car garage adjacent and attached to an existing one car garage. The proposed garage bay is semi-earth sheltered with a deck on top and will be in the side setback, being semi-buried and clad in stone to resemble a site wall as to not impede the neighbors view or light. The existing grove of Aspen trees and Spruce trees screen the proposed addition. (please note photos in sets) B) The Town of Vail poiicy has encouraged owners to provide enclosed parking spaces. The existing one car garage currently sits on the side setback line and is recessed into the steep hillside above. While a tandem car setup would be possible, extensive grading and removal of natural vegetation would be required. The existing area where the proposed garage is to be placed is already excavated and is used for parking. C) The effect of this variance has no effect on light, air (due to earth sheltering and one story appearance), distribution of population, transportation, traffic facilities, utilities and public safety. The variance request • has a positive impact to the neighbors as the parking of cars will be internalized. D) The Town of Vail has a policy encouraging a house to have a minimal of two enclosed parking spaces. 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"4~M.` ~„~.,, " ~ ~ . \ ~ w" y} , . p _ .~ a ~d ~~,+~ ~ h Attachment E iy TOWN OF VAIL 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 September 10, 2007, at 1:00 pm in the Town of Vail Municipal Building, in ~~, consideration of: ,, ~~;,E_` A request for a final review of a variance, from Section.1'2~6C=6, Setbacks, Vail Town I,~'~ Code, to allow for the construction of a new garage, located at 1626~Vail Valley Drive/Lot ~ `,~ 2, Warren Pulis Subdivision, and setting forth details: in regard thereto: (PEC07-0056) ~`~ ~'C Applicant: Donald W. Diones, represented by Aker Architects '' Planner: Bill Gibson a i • 1 ,ti Thex'applications and information about the proposals are available for public inspection during office hours at the~Town ofi`--Vail Community Development Department, 75 South Frontage'Road. The publi~c~ 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 August 24, 2007, in the Vail Daily. • Page 1 • TC7W1VOfVAIL ~. MEMBERS PRESENT Michael Kurz Bill Pierce Anne Gunion Bill Jewitt Dick Cleveland Rollie Kjesbo David Viele Site Visits: None MEMBERS ABSENT 10 minutes 1. A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend a platted building envelope, located at 1463 Aspen Grove Lane/Lot 8B, Block 2, Lions Ridge Filing 4, and setting forth details in regard thereto. (PEC07-0037) Applicant: Robert and Kristine Selby, represented by John G. Martin, Architect, LLC Planner: Bill Gibson ACTION: Approved MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0 Bill Gibson gave a presentation per the staff memorandum. There was no public comment. The Commissioners expressed support for the application. 20 minutes 2. A request for a work session to discuss the potential redevelopment of the Glen Lyon Office Building to allow for a mixed use development to include dwelling units, office, employee housing units, and subterranean parking, located at 1000 South Frontage Road West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC07-0054) Applicant: Glen Lyon Office Building ownership, represented by Jay Peterson Planner: Nicole Peterson ACTION: No Action David Viele recused as he has an ownership interest in the property. Warren Campbell gave a presentation per the staff memorandum. Jen Wright, Owner/Applicant, made a presentation, outlining ownerships desire to explore • possibilities for redevelopment of the property in line with, but separate from, the proposed plans PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING August 27, 2007 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME 75 South Frontage Road Vail, Colorado 81657 Page 1 for Ever Vail. The goals of the project will be to retain the existing amount of office use square footage and to respect the scale of the surrounding area. Commissioner Jewitt asked Mr. Wright what he believed the public benefits would be of the proposed major amendment to Special Development District No. 4, Cascade. Jen Wright stated that having the affordable housing on site, stream tract upgrades, replacement of the office on site, and improvements to the pedestrian circulation in conjunction with Ever Vail. Commissioner Cleveland asked if this redevelopment proposal was dependent upon the Ever Vail project. Mr. Wright responded that their plan was viable if Ever Vail does not proceed forward. Commissioner Kjesbo asked to what extent deviations to the existing zoning would be requested. Mr. Wright responded that they would be asking for minimal deviations as part of the amendment to the SDD. Mr. Campbell clarified that the proposal would likely be asking for deviations for setbacks for the underground parking. At this point in the process the plans were not developed enough to determine what other deviations might be needed. He concluded by stating that there was no underlying zoning in place so deviations would likely be based upon the changes from the approved development plan that is in place. Commissioner Pierce stated that he liked the apparent low density of the project and the stepping down of the building masses as the project moved westward. Commissioner Cleveland stated that he would expect that all new employee housing requirements be met or exceeded on the site. He added that he was concerned about parking into stream and CDOT setbacks; should design/plan site to fit all improvements within site and required setbacks. Jim Lamont, representing the Vail Village Homeowners Association, stated his overall support of the project and suggested that this development be made part of the currently established Lionshead TIF district (for Lionshead Redevelopment). Commissioner Cleveland asked staff and the applicant to look into what the current deficit of parking (required) throughout SDD No. 4 was as it was his belief there was an existing deficit. Jay Peterson, representative of the applicant, stated that he believed that the parking deficit has been taken care of relative to previous development of Cascade Village. 15 minutes 3. A request for a final review of an exterior alteration or modification, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for an exterior renovation and the remodel of the third floor residence, located at 201 Gore Creek Drive (Bell Tower Building)/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0046) Applicant: Bell Tower Partners, Ltd., represented by VAG, Inc., Architects and Planners Planner: Scot Hunn ACTION: Approved with condition(s) • MOTION: Kjesbo SECOND: Cleveland VOTE: 5-1-0 (Pierce opposed) Page 2 (Gunion recused) Conditions: 1. The Applicant shall be required to provide a building code and fire code analysis with any submittal for building permit. 2. The Applicant shall resolve all issues regarding drainage from the existing and proposed building on to adjacent properties; the provision of gutters, downspouts and other drainage methods may be required as revisions to building permit set of drawings with any building permit application. 3. The Applicant shall ensure that all new materials, sizes, textures, detailing and colors, blend or compliment those materials not being replaced and that any portions of the building in need of repair and/or replacement are included in the scope of this project in conjunction with any Design Review application. 4. The Applicant shall be required to submit a detailed and final lighting plan, showing all existing light fixtures to be removed, as well as all new fixture locations, fixture types and Iumensloutput; such plan should be accompanied by cut sheets for each proposed fixture. Commissioner Gunion recused as her architecture firm is working on the project. Scot Hunn gave a presentation per the staff memorandum. Christie D'Agostino, the project architect, gave a presentation on the project. Jim Lamont asked if adjacent property owners had been notified and if any concerns were raised regarding the obstruction of views. Commissioner Cleveland asked staff to clarify how the building improvements comply with the . height restrictions. Mr. Hunn stated that the Applicants and staff had used the most current methodology for calculating height; specifically that the Applicant was permitted to interpolate "existing grades" around the structure, and to measure proposed improvements based on existing or proposed grades (whichever is worse) around or within the structure. Commissioner Pierce suggested that the shed dormer proposed for the North facing roof plane be shifted to the West to help with the massing of the building; specifically, that the dormer not be engaged with the East facade exterior wall plane. 30 minutes 4 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 the redevelopment of the Rucksack Building, located at 288 Bridge Street/Lot D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0039) Applicant: Jeffrey Selby, Charles Rosenquist and Richard Brown, represented by Jay Peterson Planner: Scot Hun ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0 (Pierce recused) Conditions: 1. The Applicant shall resolve, to the satisfaction of the Town of Vail Chief Building Official and/or Fire Marshal, any and all issues related to egress from a public • exit at the rear of the building prior to any submittal for building permit. Page 3 2. The Applicant shall be required to provide a building code and fire code analysis with any submittal for building permit, 3. The Applicant shall address any and all issues related to trash storage and access located on the North side of the Bridge Street Building (a.k.a. The Rucksack Building) in conjunction with any Design Review application. 4. The Applicant shall resolve all issues regarding drainage from the existing and proposed building on to adjacent properties; the provision of gutters, downspouts and other drainage methods may be required as revisions to building permit set of drawings with any building permit application. 5. The Applicant shall ensure that all new materials, sizes, textures, detailing and colors blend or compliment those materials not being replaced and that any portions of the building in need of repair and/or replacement are included in the scope of this project in conjunction with any Design Review application. 6. The Applicant shall submit a Design Review application for any and all new exterior signage for the property; a sign program pursuant to Section 11-8-2, Vail Town Code will be required. 7. The Applicant shall be required to submit a detailed and final lighting plan, showing all existing light fixtures to be removed, as well as all new fixture locations, fixture types and lumensloutput; such plan should be accompanied by cut sheets for each proposed fixture in conjunction with any Design Review application. Bill Pierce recused himself as his architecture firm is working on the project. Scot Hunn gave a presentation per the staff memorandum. He highlighted the changes made to the proposal since the previous work session. He concluded by identifying several topics for discussion at the hearing. • Jay Peterson mentioned that any application and review for a proposed bridge across Mill Creek would be presented at a later date, if necessary. Jim Lamont, representing the Vail Village Homeowners Association, brought up the need to "clean-up" the loading and delivery and trash for the Village as a whole and that this project would be the first to set the stage for these improvements. He then asked a question about circulation and improvements in the area known as Kindel Park. He further added that access to this site should not occur from public property (Kindel Park). He concluded that showing the trash enclosure adjacent to Bridge Street was unacceptable and that it should be accessed from the Mill Creek side of the structure. He suggested an easement be obtained from the A and D building; if not, the Town should use eminent domain in the public interest to obtain access to trash and loading and delivery for the Rucksack Building. Ross Davis, Jr., author of a letter dated August 27, 2007, for the Mill Creek Court Building, summarized his letter of opposition to a loading and delivery (trash) on the Mili Creek side of the structure, as well as opposition to any proposed bridge over Mill Creek for use as private access over public lands, and opposition to any building encroachments or disturbance caused by construction within the stream setback for Mill Creek. Commissioner Gunion suggested that the location of the trash and loading and delivery is an issue that needs to be addressed. There is a public benefit to relocating the trash enclosure. Dick Cleveland stated that he concurred, and that if the Building Code issues relative to access and egress cannot be met, the Applicant would need to revise plans and return for additional review by the Town. Page 4 The Commissioners generally expressed support for the project's architectural elements, • massing and height. Jim Lamont questioned permitted and conditional uses within the zone district, specifically whether this property could be converted in the future for use as dance clubs and bars on the second floor. Staff clarified the provisions of Title 12, Chapter 7, Article B, Commercial Core 1 district which would allow such permitted uses. 20 minutes 5. A request for a work session to discuss the potential redevelopment of Solar Vail to allow for a mixed use development to include employee housing units, office, and subterranean parking, located at 501 North Frontage Road West/Unplatted, and setting forth details in regard thereto. (PEC07-0052) Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler Planner: Scot Hunn ACTION: No Action Scot Hunn gave a presentation per the staff memorandum. Henry Pratt, of Gwathmey Pratt Shultz Lindall Architects, made a presentation, stating that the project will include all required parking for the office space, but will not include one parking space per employee housing unit. Additional parking could be available for a rental pool. Commissioner Jewitt asked if the Sonnenalp will run a bus for employees who don't wish to walk. Johannes Faessler explained that most Sonnenalp employees walk across the pedestrian • bridge, or ride the bus. He said it would be easy ,to have a shuttle, but it is only a few minutes walk. Further, he explained that a majority of anticipated tenants would be employees of the hotel under the visa program; that such work visas are granted for limited durations (6-18 months) and that such employees would not normally own a vehicle under such circumstances. Commissioner Jewitt answered that there are different visions for parking in Vail. Jewitt said he would be in favor of reducing on-site parking. He said there the number of employees with cars is low, and he would like Johannes to provide an understanding of how many employees would require cars. Mr. Faessler explained that there are currently 6-8 cars parked at Solar Vail; there are currently 24 units. He said that the Sonnenalp could control the number of cars parked on the property, due to having other properties throughout town where additional cars could be parked. Additionally, Mr. Faessler assured the commission that the number of vehicles permitted per unit or tenant could be controlled through rental/lease agreements. Currently, the proposal includes 52 parking spaces for 63 units. Commissioner Jewitt applauded the proposal for having dormitory style housing. He said that he was concerned about the unbroken ridgeline. Commissioner Kjesbo suggested that Scot contact Middle Creek employee housing to help understand how their parking spaces have been utilized. Commissioner Cleveland said that the Sonnenalp has always been a leader in housing • employees. He has concerns about bulk, mass and the east/west ridgeline, but he is generally in support of going into the housing zone district and evaluating the need for parking. Page 5 Mr. Faessler asked whether office could be utilized in this zone district. Staff responded that it is most likely a conditional use. • Mr. Pratt responded that the office may not be used for office related to the employee housing. Scot responded that the office space is listed as an accessory use to the employee housing. He said that in order to have office space, such uses would have to be directly tied to (nexus) administration of the building operations and the employee housing program for the Sonnenalp. Mr. Faessler stated that not all office would be associated with the employee housing. Commissioner Pierce asked what the intended use was for the office. Faessler said that there will be some Sonnenalp offices in Solar Vail, occupying about half of the office space available. He said that some of the remainder could be used for Sonnenalp in the future, but for now, the office space would be leased to another business. Commissioner Gunion said that there needs to be a zone district amendment to allow for office space not associated with the employee housing. Jim Lamont, Vail Homeowners Association, concurred with Commissioner Gunion that it is important to either adopt amendments to a new zone district, or go with some other route to achieve the intent of providing employee housing and appropriate ancillary uses within the Town. He suggested that Town and Applicant consult with Jeff Winston regarding the design of the building. Jim Lamont continued with comments on parking. He said that if the project has extra parking spaces, they could be used by or sold to other businesses in need of parking for their employees. He also said that there is a good bus stop nearby. He said that they need to have mass transit and have a bus stop on the property. • Mr. Faessler asked about the Commission's input on development on slopes in excess of 40%. Henry Pratt clarified that the building design will step up the slope as much as possible to minimize the cut. Commissioner Viele urged caution relative to the proposed cut; specifically that the cut appeared to be large and that any large retaining wall system necessary should be located in the rear, adjacent to any parking or driveway areas, to minimize off-site impacts (visibility). 10 minutes 6. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for proposed text amendments to Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of art, and to Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the grading standards, and setting forth details in regard thereto. (PEC07-0041) Applicant: Town of Vail Planner: Rachel Friede ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Cleveland VOTE: 7-0-0 Rachel Friede made a presentation regarding recent revisions to the text amendments. Commissioner Pierce requested clarification regarding language pertaining to maximum grade. He said the language seems to give too much discretion to the Administrator to allow for 1:1. • Page 6 Tom Kassmel, Town Engineer, assured the Commission that the Administrator was intended to mean staff, but that the DRB would review these types of projects as well. 15 minutes 7. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulation amendment to Chapter 12-21, Hazard Regulations, Vail Town Code, in order to comply with FEMA floodplain regulations, and Title 14, Development Standards Handbook, Vail Town Code, for clarifications to driveway and parking standards, and setting forth details in regard thereto. (PEC07-0053) Applicant: Town of Vail, represented by Tom Kassmel Planner: Rachel Friede ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Cleveland VOTE: 7-0-0 Condition: 1. Staff shall strike Subsection 14-3-2G from the proposed amendments to the Vail Town Code. Rachel Friede made a presentation per staff's memorandum. Commissioner Viele asked who is the Town's Floodplain Administrator. Tom Kassmel, the Town Engineer, answered that this regulation would clarify that the Floodplain Administrator would be the Town Engineer or their designee. Commissioner Gunion asked if FEMA had reviewed the proposed regulations. Tom Kassmel responded that FEMA has read the ordinance and has given their approval via email. • Commissioner Cleveland asked about the text amendment that would require owners to maintain curb cuts and pans. He was concerned about who would be responsible for repair if damage was caused by Town snow removal operations. He suggested revising language to allow some discretion by Town. Commissioner Kurz responded that staff needs to be careful about placing discretion within regulation, because it may turn into finger pointing and/or abuse in exercising discretion. Commissioner Cleveland suggested that maintenance should be the owner's responsibility if they undertook improvements within Town right-of-way. Commissioner Jewitt suggested striking the language for now, until staff can work out details. Rachel Friede agreed to strike Subsection 14-3-2G. Commissioner Kurz said to ensure that any language is legally defensible. Commissioner Cleveland then suggested that we address the percentage of compact cars allowed in a parking structure. Rachel Friede clarified that parking structures are allowed up to 25% of spaces to be compact. 20 minutes 8. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendments, Vail Town Code, for proposed text amendments to Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code, to allow for amendments to regulations pertaining to outdoor display, sales signs, menu boards, and setting forth details in regard thereto. • (PEC07-0043) Page 7 Applicant: Town of Vail and Vail Chamber & Business Association Planner: Rachel Friede ACTION: Tabled to September 24, 2007 • MOTION: Kjesbo SECOND: Kurz VOTE: 7-0-0 Commissioner Jewitt suggested that the staff presentation be skipped in order to accommodate public comment. Steve Rosenthal, owner of Colorado Footwear, said he was speaking on behalf of the retail community. He had issues with the penalty section, specifically the provision to allow fees of up to $999 and 180 days in jail for each day of violation. He said that outdoor displays are integral and critical to the way Vail merchandisers conduct business and their specific need to liquidate merchandise. Regulations should recognize this aspect of business, as well as the difference between summer and winter merchandising seasons. Steve felt that the regulation as proposed does not provide for differential between stores with ample frontage, and those with no frontage. He said allowing only 12 square feet is too small for proper outdoor display. He suggested that any new regulations that affect existing businesses and their ability to liquidate be put on hold until all current construction is complete, possibly until 2011. Bob Walsh, Charlies T-Shirts, said that that existing signage is a not problem and has never received a complaint. He said that seasonality of retail business, coupled with year-round construction within the Village and Lionshead, is difficult and requires an allowance for signage. He said that the regulation as proposed is too complex and will be difficult for the business community and town staff to adhere to and administer. Tracy Hall, of Kidsports, opposes the continued and additional restrictions being placed on business owners. He said that new regulations will not help. • Craig Arford, of Vail Bike/Ski Tech, reiterated previous comments. His shop has minimal frontage and he voiced concern about his ability to display signs and merchandise (bikes) around the corner from his shop. He suggested that the Town conduct a survey of guests to understand their preferences. Gigi Hoffman, of Laughing Monkey, said that the Town needs to take responsibility for impacts from construction and cranes, which have been driving away old customers and new visitors who "won't come back" due to construction. She said the Town is concentrating on future business and built environment, not current needs of existing business owners. She did not agree with or understand requirement for permitting of displays on Town owned space. Commissioner Jewitt voiced his disagreement with the permit requirements for outdoor displays. Michael Staughton, of Los Amigos and Russell's, disagreed with restriction on chalk boards. He also said that if the display box is in a location that doesn't allaw for a chalk board to be installed below, then one should be allowed to place the chalk board or dry erase board elsewhere. He also did not understand why dry erase boards are restricted to black and why chalk boards are restricted to black or green. Rick Silverman asked for clarification regarding square footage regulations as applied to tables. He questioned the ability of the Town to effectively enforce new regulations, if there are already issues relative to enforcement. He said the Town should do more to educate business owners regarding existing regulations, then should strive to amend and revise regulations based on more common understanding. • Page 8 Stephen Connelly, resident of Vail, said he would not back the proposed regulations. He said that groups should work together to figure out what works best for the community. He said terms • describing "administrator" should be studied to ensure that the correct staff or boards are entrusted with discretion. Ms. Friede informed the Commission and audience about a survey that was conducted at the start of the project to gauge support for new regulations, as well how the regulation should take shape. Commissioner Kurz said he understands the plight of business community. He felt, however, that the Town has a responsibility to implement policy. Further, displays reflect the quality of the business; a shoddy display reflects a business of the same caliber. Therefore, doing business in Vail requires regulation to ensure that image, community-wide, is protected and enhanced. He agreed that the Town must respect and foster individual business owner's needs, but we still need regulations. Commissioner Pierce agreed with Commissioner Kurz. He supported staff's efforts and reminded business owners that the project has been ongoing and reflects the input of several groups and individuals. The Town is responsible for ensuring a balance between regulations, fostering businesses and providing the desired experience for visitors/guests. Commissioner Gunion proposed that the regulation be "tested" within existing business community to see how existing business signage compares and how user-friendly the new regulations will be. She said the code will not fit all needs; but it needs to apply fairly to all businesses, and needs to preserve ability to be creative. Commissioner Cleveland mentioned that the issues regarding outdoor displays have come up • several times, and that the issue is brought to light, periodically, based on complaints received by other businesses. The focus should be on guest experiences. And, in its current form, the regulations are not enforceable as it will take too much staff time. He did not feel that new regulation will effect any change. Commissioner Kjesbo supported staff's efforts to clarify the code. He did object to the amount of time it will take staff to administer. He did not agree that leasing Town owned land is appropriate in this situation. Commissioner Viele suggested that the Town's role, and the PEC's purview, is to regulate the guest's experience. He said that if the business community doesn't like the regulation, they should present a regulation that will work and be supported by the business community. Commissioner Jewitt agreed with Commissioner Cleveland that the fine is too steep, and that focus should be on the customer. Commissioner Cleveland made a motion to deny; however, the motion failed due to lack of second. 9. A request for a final approval of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two new lots necessary for the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, 1031 South Frontage Road West, and the South Frontage Road West right of way/Unplatted (a complete legal description is available for inspection at the Town of Vail • Community Development Department), and setting forth details in regard thereto. (PEC07-0020) Applicant: Vail Resorts Development Company, represented by Thomas Miller Page 9 Planner: Warren Campbell ACTION Tabled to September 10, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0 10. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning from Arterial Business District to Lionshead Mixed Use 2, located at 953 and 1031 South Frontage Road (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth Details in regard thereto. (PEC07-0021) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell ACTION: Tabled to September 10, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0 11. Approval of August 13, 2007 minutes MOTION: Cleveland SECOND: Kurz VOTE: 7-0-0 12. Information Update 13. Adjournment MOTION: Cleveland SECOND: Kurz VOTE: 7-0-0 C] 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 24, 2007, in the Vail Daily. • • Page 10 .] ~~ CUnN1Jt11TY L~4ELOaA~E+ST m P[ann~ng and Er>rviranrnental Commissar ACTIN Ft?RM Department of Community Development 75 South Frontage Raadr Vail, Colorado 81657 tel: 970.479.2139 fax: 970,479.2452 web:. www.uailgov.com Project Name: DIONES VARIANCE PEC Number: PEC070056 Project Description: FINAL APPROVAL FOR A SETBACK VARIANCE FOR A GARAGE ADDITION Participants: OWNER DIONES, FRANCES & DONALD N. 08/14/2007 1626 VAIL VALLEY DR VAIL CO 81657 APPLICANT AKER ARCHITECTS 08/14/2007 Phone: 970-926-6690 KIRK AKER PO BOX 2762 EDWARDS CO 81632 License: 0000001923 ARCHITECT AKER ARCHITECTS 08/14/2007 Phone: 970-926-6690 • KIRK AKER PO BOX 2762 EDWARDS CO 81632 License: 0000001923 Project Address: 1626 VAIL VALLEY DR VAIL Location: 1626 VAIL VALLEY DR Legal Description: Lot: 2-A Block: Subdivision: WARREN PULIS SUBDIVISION Parcel Number: 2101-091-0102-3 Comments: BOARD/STAFF ACTION Motion By: PIERCE Second By: KURZ Vote: 4-0-0 Action: APPROVED Date of Approval: 09/10/2007 Conditions: Cord: 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: CON0009323 This approval shall be contingent upon the applicant obtaining Town of Vail approval of the design review application associated with this variance request." Planner: Bill Gibson PEC Fee Paid: $500.00 U .7 PLAI~NO)IG ANDS MENTAL • • gi ,,,, 10,2007 TOWN couNC1L CH Rs / L 2I OO C~E. 75S..-i . ,:.r ,Rood - Vad, Colorado, 81657 PROOF OF PUBLICATION ucralKaS PRESENT MEMRGR3 ABSENT STATE OF COLORADO } ,~(Ir~;~ dpedevelopment SS. SIM VMlfa: COUNTY OF EAGLE } ,. oioeaa -1626 vab vabey ~ (G°" re~,rsce) I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 9/7/2007 and that the last publication of said notice was in the issue of said newspaper dated 9/7/2007. i+ In witness whereof has here unto set m t ~s 14th day of September, 2007 } `~ ~ ur~jsher/General Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 14d' day of September, 2007. ^~ vr- w- ~~ ~'y~ .~Ct._ ~ _ ~ F 6~C Pamela Joan ultz Notary Public My Commission expires: November 1, 2007 Drive: Bbl 20'rNnuNa 1.A request for a final review of a variance, from '~ Section 12-fiC~, Setbacks, Vail Town Code, to al- low for the construction of a new garsg~ located at 1626 Vail Valley Drive (Golf Terrace)/Lot 2, War- ren Pulls Subdivision, and setting forth details in regard thereto. (PEC07-0056) Appl~caM:Donald W. Diones, represented by Aker Architects Planner.Bill Gibson ACTON: MOTION: SECOND: VOTE: 2.A request for a work session for review of condi- tional use permits, pursuant to Section 12-7H3, ~~ Permitted and Conditional Uses, First Floor on ; Street Level, Vail Town Code, to allow for attached accommodation units, lodge dwelling units, and multiple-family residential units on the first floor, and pursuant to Section 12-7H-5, Conditional Us- es: Generally (On All Levels Of A Building Or Out- side Of A Building), Vail Town Code, t0 albw for the development of a Private parking lot, located at 701 and 705 West Uonshead Cucle and Lions- head Inn Annex (Fogata)/Lot 1, Block 2, Vail Lion- shead Filingg 3, and setting forth details in regard thereto. (PEC07-0028) ApplicaM:Lwnshead Inn LLC, represBrrted by Mau- dello Planning Group LLC ACTION: Table to September 24, 2007 MOTON: SECOND: VOTE: 3.A request for a work session for review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the Lionshead Inn and Lionshead Inn Annex Fogata), located at 701 and 705 West Lionshead ~ircle/LOt 1 ~a~amur- woa-a;Y3san'a~!!2A•~ lau•~a;!!s ec~anEgf uo~dtue~j'8 U3!ut ~~!~ ~~ ~oooboz`tS •~ bs OOV£ 'a6E~e6 Leo Z `s4iEq 5£/swoalpaq £ (8;!ut1)'ooo`oss`iS '~ bs SL04 -a6vae6 n?o-£ U3Eq S'4/w~~ -Paq-4 (d ~!ut1) 'D~ Haab ~auEa oddp snfa!n do;-u!2;unow unno o; ~! rtl.l ,~ • • PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 8/24/2007 and that the last publication of said notice was in the issue of said newspaper dated 8/24/2007. In witness whereof has here unto set my hand this 31st day of August, 2007 ~' ~~ ~u sher/Gen al ManagerBditor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 31S` day of August, 2007. ~~Y P~:~~ ~ ~ ~' l Pamela Joan Sch~Ytz PAM S Notary Public 3CHUlTZ THIS ITEM MAY AFFECT YOUR PROr cn. . PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vad will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on September 10, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a variance, from Section 12-6C-6, Setbacks, Vail Town Code, to al- low for the construction of a new garage, located at 1626 Vail Valley Drive/Lot 2, Warren Pulis Subdivi- sion, and setting forth details in regard thereto. (PEC07-0056) Applicant:Donald W. Diones, represented by Aker Architects Planner:Bill Gibson The applications and information about the propos- als are available for public inspection during office hours at the Town of Vail Community Develop- ment 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 informa- tion. Sign language interpretation is available upon re- quest, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Im- paired, for information. Published August 24, 2007, in the Vail Daily.(578075) My Commission PLANNING AND ENVIRONMENTAL COMMISSION September 24, 2007 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Site Visits: 1. Cornerstone - 1276 Westhaven Drive Driver: Scot 1. Swearing in of new PEC member by Lorelei Donaldson, Town Clerk, and appointment of Chair and Vice-Chair 20 minutes • 2. A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units, located at 1310 Westhaven Drive/Vail Cascade Subdivision, and setting forth details in regard thereto. (PEC07-0058) Applicant: Vail Cascade Residences, LLC, represented by Mauriello Planning Group Planner: Scot Hunn ACTION: MOTION: SECOND: VOTE: 30 minutes 3. A request for a work session on a proposed major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for the development of a mixed use project on the property known as the Cornerstone site, located at 1276 Westhaven Drive/Unplatted, Vail Cascade Subdivision, and setting forth details in regard thereto. (PEC07-0055) Applicant: L-O Westhaven ,Inc., represented by Rick Pylman, Pylman & Associates Planner: Scot Hunn ACTION: MOTION: SECOND: VOTE: 60 minutes 4. A request for final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the Lionshead Inn and Lionshead Inn Annex (Fogata), and a request for final review of conditional • use permits, pursuant to Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, Vail Town Code, to allow for attached accommodation units, lodge dwelling units, and Page 1 multiple-family residential units on the first floor, and pursuant to Section 12-7H-5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A 1uilding), Vail Town Code, to allow for the development of a private parking lot, located at 701 and 705 West Lionshead Circle/part of Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth dE~tails in regard thereto. (PEC07- 0027, PEC07-0028) ACTION: MOTION: SECOND: VOTE: 30 minutes 5. A request for a final approval of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two new lots necessary for the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, 1031 South Frontage Road West, and the Souith Frontage Road West right of way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC07-0020) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: 30 minutes 6. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning from Arterial Business District to Lionshead Mixed Use 2, located at 953 and 1031 South Frontage Road (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth Details in regard thereto. (PEC07-0021) Applicant: Vail Resorts Development Company, represented by Thomas Miller • Planner: Warren Campbell ACTION: MOTION: SECOND: VOTE: 1 minute 7. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendments, Vail Town Code, for proposed text amendments to Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code, to allow for amendments to regulations pertaining to outdoor display, sales signs, menu boards, and settincl forth details in regard thereto. (PEC07-0043) Applicant: Town of Vail and Vail Chamber & Business Association Planner: Rachel Friede ACTION: Tabled to October 8, 2007 MOTION: SECOND: VOTE: 8. Approval of September 10, 2007 minutes MOTION: SECOND: VOTE: 9. Information Update 10. Adjournment MOTION: SECOND: VOTE: Page 2 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 21, 2007, in the Vail Daily. Page 3 MEMORANDUM TO: Planning and Environmental Commission (PEC) FROM: Community Development Department DATE: September 24, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council of a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for additional dwelling units in SDD No. 4, located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. (PEC07-0058) Applicant: Vail Cascade Residences, LLC., represented by Mauriello Planning Group, LLC. Planner: Scot Hunn I. SUMMARY The Applicant, Vail Cascade Residences, LLC., represented by Mauriello Planning Group, LLC, is asking the Planning and Environmental Commission for a final recommendation to the Vail Town Council on the proposed amendments to the Vail Cascade Residences project, located at 1310 Westhaven Drive/Area A, Cascade Village. A vicinity map has been attached for reference (Attachment A). 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 the Planning and Environmental Commission forward a recommendation of approval with conditions to the Town Council on the proposal detailed herein. II. DESCRIPTION OF THE REQUEST The Applicant, Vail Cascade Residences, LLC., represented by Mauriello Planning Group, LLC., has requested a final review hearing with the Planning and Environmental Commission to present a proposed amendment to the development plan and request for an amendment to Area A of Special Development District (SDD) No. 4, Cascade Village, to increase the previously approved density at the Vail Cascade Residences, located at 1310 Westhaven Drive/Area A, Cascade Village, from eleven (11) to fourteen (14) residential dwelling units. A major amendment is required for the additional number of dwelling units proposed in this application. No increase in GRFA is proposed with this amendment, yet the Applicant requests approval for three (3) additional dwelling units to be constructed within the existing structure with only minor impacts to the exterior of the building. A copy of the Vail Cascade Residences written proposal 1 from the Applicant is attached for reference (Attachment B). A reduced copy of • the proposed architectural plans and elevations has also been attached for reference (Attachment C). Requested Outcome The intended outcome of this meeting is for the Commission to take formal action on the amendment application and development plan, citing certain applicable findings and criteria as the basis for approval, approval with conditions, or denial of the application. Staff recommends approval, with conditions, of the Major Amendment to SDD No. 4, inclusive of a Development Plan and setting forth details in regard thereto, as detailed in Section IX of this memo. Applicable Review Criteria Review of the Cascade Residences project will include the following code sections and other relevant documents to be considered in any future submittal for formal review and approval by the PEC: o A major amendment to special development district application pursuant to Chapter 9 of Title 12, Town of Vail Municipal Code; Specifically, sections (in part): • 12-9A-4: Development Review Procedures • 12-9A-5: Submittal Requirements • 12-9A-6: Development Plan • 12-9A-7: Uses • 12-9A-8: Design Criteria and Necessary F=indings • 12-9A-9: Development Standards • 12-9A-10: Amendment Procedures • 12-9A-11: Recreation Amenities Tax • 12-9A-12: Time Requirements • 12-9A-14: Existing Special Development Districts o Ordinance No. 33. Series of 2005 - An Ordinance Approving a Special Development District (known as SDD No. 4) and the Development Plan in Accordance with Chapter 18.40 of the Municipal Code and Setting Forth Details in Regard Thereto (Attachment D) o Ordinance No.ls17 & 8. Series of 2007 o The Town of Vail Land Use Plan III. BACKGROUND • SDD No. 4 History Special Development District No. 4 (SDD No. 4), Cascade Village, was adopted by Ordinance No. 5, Series of 1976. At least seventE;en subsequent amendments occurred from 1977 through the present day, inclusive of the most recent major amendment to approve the Cascade Residences iri 2006. The subject property was a Planned Unit Development under Eagle County Jurisdiction when the property was annexed in 1975. Special Development District No. 4 includes the following: 2 Area A Area B Cascade Village Coldstream Condominiums Area C Glen Lyon Primary/Secondary and Single Family Lots Area D Glen Lyon Commercial Site The entire Cascade Village development site is approximately 97.9 acres in size. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction and early Special Development Districts were not based on an underlying zoning, there is no underlying zoning for Cascade Village. The uses and development standards for the entire development site are outlined in the adopting ordinance for Special Development District No. 4. Cascade Residences Site (Colorado Mountain Condominiums) The construction of the Colorado Mountain Condominiums, commonly referred to as "the CMC building", was completed by 1979. The structure was constructed with observed setbacks essentially comprised of "build-to" lines and with distinct property lines for the CMC building itself as shown on the plat entitled Condominium Map of Colorado Mountain Condominiums. Previous Approvals -Cascade Residences The previously approved development plan for the Cascade Residences, approved via Ordinance No. 33, Series 2005, included the development of 11 dwelling units and permitted up to 32,000 sq. ft. of Gross Residential Floor Area • (GRFA). In addition, 4,087 sq. ft. of existing commercial, retail and office space uses were maintained in the proposal and were approved. This amendment was initiated to allow for redevelopment of the property, which formerly included the Cascade Village Theater and Colorado Mountain College and to allow for an increase in the overall density for Cascade Village Area A from 94 to 98 dwelling units. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission, Design Review Board, Town Council, and Staff with regard to the review of any applications submitted on behalf of the Applicant. Major Amendment to Special Development District (SDD) 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. Planning and Environmental Commission SPEC): The PEC shall review the proposal for general compliance pursuant to criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings. The Planning and Environmental Commission may recommend approval of the petition • or proposal as initiated, may recommend approval with such medications as it deems necessary to accomplish the purpose of this title, or may 3 recommend denial of the petition or rejection of the proposal. Desicrn Review Board: • The Design Review Board has no review authority on a Major or Minor Amendment to a Special Development District (SDD), but must review any accompanying Design Review Board application. The Design Review Board therefore will make a recommendation to the Planning and Environmental Commission on any deviations proposed to the architectural design guidelines prescribed in the Vail Village Master Plan. Town Council: Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental commission. The Town Council may cause an ordinance to be introduced to create or amend a special development district. V. APPLICABLE PLANNING DOCUMENTS Section 12-9A: Special Development (SDD) Distract. Vail Municipal Code (in part) • 12-9A-1: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; fo improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan Ordinance No. 33. Series of 2005 An Ordinance Approving a Special Development District (Known as SDD No. 4) and the Development Plan in Accordance with Chapter 18.40 of the Municipal Code and Setting Forth Details in Regard Thereto (in part) Ordinance No. 7. Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 23, Enfitled Commercial Linkage„ and SE~tting for Details in Regard Thereto. 4 • Ordinance No. 8. Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 2, Entitled Inclusionary Zoning, and Setting for Details in Regard Thereto. Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. • Goals and Policies (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. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The qualify 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 growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize ifs role as a destination resort while accommodating day skiers. • 5 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. VI. 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. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout ithe community. SITE ANALYSIS Legal Description: Cascade Village (Cascade Residences) Parcel No. 2103121 Address: 1310 Westhaven Drive Lot Size: .67 acres (29,495 sq ft) Zoning: Special Development C-istrict No. 4 (no underlying zone district) Land Use Plan Designation: Resort Accommodations and Services Current Land Use: Mixed Use Residential and Resort /Spa Development Standard Allowed/Req. Exist/'Approved Proposed • Lot Area: N/A 29,4515 sq ft No Change Buildable Area: N/A 29,4515 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): 15 DU/ac 13.4 DU/ac 13.6 DU/ac or 270 DU 242 DU/ac 245 DU/ac GRFA: 32,000 sq. ft. 31,O;i8 sq.ft No Change Site Coverage: N/A 50% (14,980sgft) No Change Landscape Area: NIA 50% No Change Parking: 39 spaces 69 spaces No Change • 6 • VII. SURROUNDING LAND USES AND ZONING Land Use Zonina" North: Parking Structure/Westhaven SDD No. 4 South: Vail Cascade Hotel/Glen Lyon SDD No. 4 East: Plaza Building SDD No. 4 West: Millrace Condominiums SDD No. 4 Note: * According to the records on file for SDD No. 4, the entire development district was zoned "PUD" within Eagle County prior to annexation to the Town of Vail; therefore, no underlying "zoning" exists for this parcel other than previously approved (and amended) development plans for SDD No. 4. VIII. 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 application. Chapter 9 -Special and Miscellaneous Districts 12-9A-8: DESIGN CRITERIA: The following design criteria shall be used as fhe principal criteria in evaluating • the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate That submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: 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. The Applicant is proposing an interior alteration to the layout and design of the residential units which staff believes will have minimal impacts on the exterior architecture and fenestration of the building. The previously approved development plan for the Cascade Residence presented numerous exterior changes; those changes were deemed by Staff and the PEC to be improvements to the overall design aesthetic and character of the building. No significant (additional) changes are proposed with this amendment; any minor exterior changes proposed as a result of this amendment will require a separate Design Review application. Therefore, Staff finds again that the design of the exterior is sensitive to the immediate environment and is compatible with the neighborhood surrounding Area A of Special Development District No. 4, and its environs. The height, scale, design, bulk and mass and of the building will not be affected by this • amendment or the proposed changes to the exterior of the building. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. • The Applicant is not proposing any changes of use that deviate from the intentions of Special Development District No. 4. The increase in density by (3) three dwelling units under this proposal will not have any negative impact on the functions of the surrounding uses and activities. Considering the Applicant's parking analysis, provided on pages 5-6 of their written submittal (Attachment C), the increase (3 spaces) in parking demand generated by the additional dwelling units combined with the previously approved office, commercial and educational uses totaling approximately 4,087 sq. ft. on the first floor of 1:he building, will not require any additional spaces to be created. Specifically, there exist 69 spaces within the Cascade Village Parking StructurE; dedicated for previously approved uses within the CMC building. Tlhe recent approval of the Cascade Residences development plan within the CMC building significantly reduced the parking demand duce to the conversion of a majority of all commercial and educational uses to residential uses. This resulted in a net surplus of "required" parking ~Nithin the parking structure. Since that recent approval, the Applicant has obtained approval for the construction of 13 new parking spaces beneathi the existing CMC building. Therefore, Staff believes that with the additional three (3) dwelling units proposed, there is ample required parking provided within Area A of the Cascade Village to serve all residential, office and commercial parking needs contemplated by this proposal. • C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The provisions of SDD No. 4 state off-street parking shall be provided in accordance with Chapter 12-10, except for 75'% of the parking in Area A shall be located within a parking structure or buildings. The ordinance requires that 421 parking spaces be provided for the uses in Area A in the existing Cascade Club parking structure. A 17.5 percent mixed use credit per the Town of Vail parking code has been a~-plied to the total number of required parking spaces in the Cascade structure. The parking table within the approved development plan for SDD No. 4 includes an allocation of parking spaces to be provided for the uses constructed on-site. The Colorado Mountain College building (how the entire building, including the theaters, is described in the ordinance) is parked entirely within the Cascade Club parking structure according to the: following breakdown: • Theater, 28 parking spaces; • College Classrooms, 40 parking spaces; • College Office, 4 parking spaces; • Theater Meeting Room 2J, 11.5 parking spaces Sub-Total, 83.5 parking spaces, plus: • 8 • Blue Tiger/Clancy's, 13.3 parking spaces (no change proposed); • Cascade Penthouses 16 parking spaces (no change proposed) Therefore, 83.5 less the mixed use parking credit of 17.5% for a total of 69 parking spaces are provided within the Cascade Club parking structure for this building. The proposed uses within the building generate the following parking need: Seven (7) dwelling units, 17.5 parking spaces at 2.5 spaces per unit; Seven (7) dwelling units, 14 parking spaces at 2.0 spaces per unit; Commercial Floor areas as office use, 16.3 parking spaces at 1 per 250 sq ft (4,087 net increase sq ft retail/office) Total, 43.8 parking spaces. The total less the 17.5% multi-use credit equals 39 parking spaces. In summary, there is a net reduction in the number of spaces (29 less spaces) required to be provided within the existing parking structure. The required parking for Area A is owned by a third party. All loading and delivery is currently provided within the existing structures. There is a general reduction on loading and delivery needs based on the proposed change of use. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the amendment of • a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 5.0 Residential • 5.1 Additional residential growth should continue to occur primarily in exisfing, platted areas and as appropriate in new 9 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. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff believes the proposed uses and activities are in general compliance with the policies, goals, and objectives identified in the Vail Land Use Plan. However, as indicated in a number ot` the goals and objectives of the Town's Master Plans, providing affordablE: housing for employees is a critical issue which should be addressed through the planning process for SDD proposals; a major amendment to an SDD is viewed by Staff present the same opportunity. In the time since the last major amendment to SDD No. 4 was approved, the Vail Town Council has adopted Ordinances No. 7 and No. 8, Series 2007, which have established an employee housing mitigation requirement for both commercial linkage and inclusionary zoning. Although this particular amendment to the SDD is only proposing to increase the number of units rather than an increase to GRFA (as a trigger for applicability), Staff believes that thie review and approval of a major amendment to a special development district, where all • development parameters are open for discussion and negotiation, allows for the PEC and the Applicant to discuss the overall direct and secondary impact on employee housing generation of the residential development proposed by the Cascade Residences project. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Colorado Mountain Condominiums development site is not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek or its tributaries. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation anti overall aesthetic quality of the community. The proposal does not call for any modifications that would impact natural features or vegetation. Staff believes the overall aesthetic quality of the community would be enhanced by the proposed exterior changes and physical improvements proposed by the Applicants. 10 G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The Applicant is proposing changes that will generally have no negative impact on vehicle and pedestrian circulatory patterns; the previously approved development plan wherein the number of required parking spaces was significantly reduced per the change in use from more mixed to more residential, is pertinent and will not be adversely affected by the addition of three dwelling units for a total of 14. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The Applicant is not proposing any changes which would have a negative impact upon the elements of this criterion. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Staff is not aware of any intention on the Applicant's behalf to phase this project, however, should a phasing plan be proposed, this criterion must and will be met in full. i 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, pursuant to 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: Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council of this proposed amendment to an SDD, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the Applicant's request for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for additional dwelling units in SDD No. 4, located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto." • 11 Should the Planning and Environmental Commission choose to approve this amendment, the Community Development Departnnent suggests the following • condition: 1. The Applicant shall submit an application for Design Review for any and all changes to the exterior of the Cascade Residences building prior to submitting any application for a building permit for the same. Should the Planning and Environmental Commission choose to approve this amendment, the Community Development recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: That the amendment is 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, based upon the review outlined in Section Vlll of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section Vlll of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission; and 3. That the amendment does promote the health, safety, morals, and • general welfare of the Town, and does 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, based upon the review outlined in Section Vlll of the ;staff's September 24, 2007, memorandum to the Planning and Environmental Commission. X. ATTACHMENTS A. Vicinity Map B. Report/analysis by Mauriello Planning Group C. Reduced Architectural Plans D. Ordinance No. 33, Series of 2005 -Special Development District No. 4 • 12 • • Attachment A 13 Vail Cascade Residences if ~~:' i Application for a MajorAmendment to Special Development District No. 4, Cascade Village, to allow for an increase from 11 to 14 dwelling units August 2007 Submitted by ~~~€ce~£de ~#~e~a~irag tseau~- Attachment B Owner and Consultant Directory Owner/Aoolicant: Vail Cascade Residences, LLC c/o Steve Lindstrom PO Box 1152 Vail, CO 81658 970-476-3035 Planning: Allison Ochs Kent, AICP Mauriello Planning Group, LLC PO Box 1 12 7 Avon, CO 81620 970-748-0920 Architect: Sally Brainerd RKD, Inc. PO Box 5055 Edwards, CO 81620 970-926-2622 • • LJ • Table of Contents I. Introduction ....................................................................................... 3 II. Application Process ............................................................................ 4 III. Submittal Requirements ...................................................................... 4 IV. Detailed Project Description and Zoning Analysis .................................. 5 V. Special Development District -Standards and Criteria .......................... 7 VI. Comprehensive Plan Goals and Direction ............................................ 9 VII. Housing Plan ................................................................................... 1 1 IX. Adjacent Property Owners ................................................................. 13 • 2 Vail Cascade Residences Mauriello Planning Group, LLC I. Introduction In January of 2006, Ordinance No. 22, Series of 2005, amended Special Development District No. 4, Cascade Village, allowing for the redevelopment of the area which formerly included the Cascade Village Theater and Colorado Mountain College. This area is located within "Area A" of the Cascade, which also includes Millrace, the Vail Cascade Resort, the Aria Club and Spa, and Liftside Condos. The approval of the Vail Cascade Residences included 1 1 dwelling units, and approximately 32,000 sq. ft. of GRFA. The 1 1 dwelling units required an amendment to SDD 4 from 94 to 98 dwelling units for Area A, even though the density and the GRFA were within the allowable GRFA for Area A. The applicant is now requesting an additional 3 dwelling units far the Vail Cascade Residences. There will be no change to GRFA. After additional market research indicating that smaller units are more likely to be short-term rented, the developer decided to construct smaller units -half of the units are less than 2000 sq. ft. The proposed development is harmonious with the general character of the Town and the goals of SDD No. 4. The current development standards within SDD #4 allow all of the density and GRFA being allocated to this structure. A restaurant and eight, two-story residential condominium units are also located within the building, those uses and units will remain and are not part of this application (i.e., owned by others). -'. .~. r} ~~': ~`~ .;' ~" • 3 • Vail Cascade Residences Mauriello Planning Group, LLC r~ L~ II. Application Process The addition of 3 dwelling units is a major amendment to SDD #4. The following is the definition of a major amendment an SDD: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title. • III. Submittal Requirements The following is a list of the submittal requirements for a major SDD amendment. We have indicated the items that we have submitted with this amendment, and referenced the original submittal for items that are not affected by the major amendment. I Fee Stamped, addressed envelopes and a list of the property owners adjacent to the subject property Title Report Written approval A written statement addressing the following: a. Describe the nature of the project to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans. b. A statement outlining how and where the proposed development deviates from the development standards prescribed in the property's underlying zone district. I A complete zoning analysis Stamped Topographic Survey Existing and Proposed Site and Grading Plans A Vicinity Plan A Landscape Plan A Roof Height Plan Existing and Proposed Architectural Elevations ~ Existing and Proposed Architectural Floor Plans ~ Sun/shade analysis ~ All plans must also be submitted in 8.5. x 1 1. reduced format. ~ An Architectural or massing model Photo overlays Parking needs assessment and vehicular circulation analysis An Environmental Impact Report Vail Cascade Residences Mouriello Planning Group, LLC Submitted Submitted I Submitted I Submitted I Submitted Submitted Refer to the original submittal - no change I Refer to the original submittal - no change ~ Refer to the original submittal - no change ~ Refer to the original submittal - no change ~ Refer to the original submittal - no change ~ Refer to the original submittal - no change ~ Submitted Refer to the original submittal - no change Submitted ~ Refer to the original submittal - no change ~ Refer to the original submittal - no change Refer to the original submittal - no change Refer to the original submittal - no change IV. Detailed Project Description and Zoning Analysis . A. Densify Density is expressed as the number of residential dwelling units per acre of land. Allowable density for Area A is 15 dwelling units per acre. TFie proposed amendment includes an increase from 1 1 units to 14 units for the Vail Cascade' Residences. Total dwelling units for Area A is proposed to be amended from 98 dwelling units to 101 dwelling units. However, there is no change to the overall density of Area A, which allows for a total allowable density of 270 units. Total units on the site are 288 accommodation units (which then covert to 2 au = 1 du} and 98 dwelling units (based on current approvals), which totals to 242 units. With the additional dwelling units proposed, the total units constructed will be 245 units. Density proposed will be 13.6 dwelling units per acre. Density is well below the allowable density of Area A of 1.5 dwelling units per acre. B. Residential Floor Areas While we are requesting an increase in density from 1 1 units to 14 units, there is no change in the approved gross residential floor area. The total allowable GRFA for Area A is 289,145 sq. ft., while only 239,680 sq, ft. has been constructed. The staff memorandum from the previous approval indicates that this project is allotted 32,000 sq. ft. • C. Parking and Loading SDD No. 4 provides that off-street parking shall be provided in accordance with Chapter 12- 10, except that 75% of the parking in Area A shall be located within a parking structure or buildings. The ordinance requires that 421 parking spaces be provided for the uses in Area A in the main Cascade Club parking structure. A 17.5 percent mixed use credit per the Town of Vail parking code has been applied to the total number of required parking spaces in the Cascade structure. The parking table within the ordinance approving SDD No. 4 includes an allocation of parking spaces to be provided for the uses constructed on-site. The Colorado Mountain College building (this is how the entire building including the theaters is described in the ordinance) is parked entirely within the Cascade Club parking structure according to the following breakdown: Theater College Classrooms College Office Theater Meeting Room 2J Sub-Total 28 parking spaces 40 parking spaces 4 parking spaces 1 1.5 oarkina spaces 83.5 parking spaces • Vail Cascade Residences Mauriello Planning Group, LLC Blue Tiger/Clancy's 13.3 parking spaces (no change proposed) • Cascade Penthouses 16 parking spaces (no change proposed) Therefore, 83.5 less the mixed use parking credit of 17.5% for a total of 69 parking spaces are provided within the Cascade Club parking structure for this building. The proposed uses within the building generate the following parking need: Seven dwelling units over 2000 sq. ft.: Seven dwelling units under 2000 sq. ft. Commercial Floor areas as office use(4,087 net increase sq. ft. retai I/office) 2.5 per unit ~ 17.5 parking spaces 2 per unit + 14 parking spaces 1 per 250 sq. N. 16.3 parking space: Tota I Total less 17.5% multi-use credit: 47.8 parking spaces ~ 39.4 parking spaces Therefore, there is a net reduction in the number of spaces (29 less spaces) required to be provided within the existing parking structure. For reference, the previous approval required 32 fewer spaces. The required parking for Area A is owned by a third party. However, that does not change the • fact the parking must be available to meet the parking requirement of uses within Area A as described in the regulating ordinance. Since the proposed redevelopment of the subject property will have markedly less impact on the parking, the owner of the parking structure also stands to benefit from the proposed application by unburdening 26 parking spaces originally set aside for the Colorado Mountain College and Cascade Theaters. No additional parking is therefore required for this application, nor is ownership of that parking required for the proposed uses. However, as a benefit to the owners of the Vail Cascade Residences, the developers have provided some parking spaces within the building itself. Since the approval of Ordinance No. 22, the developers have obtained approval for an additional 13 spaces in a parking garage beneath the structure. This addition did not require any review by Planning and Environmental Commission (other than for a variance for the garage entrance) or by Town Council. However, as a result, there is excess parking for the proposed units, and no additional parking is required. • 6 Vail Cascode Residences Mauriello Planning Group, LLC V. Special Development District -- Standards and Criteria • "The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote ifs most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan." The following design criteria are used by the Town in the evaluation of a Special Development District. Below is a summary of how the project implements each of these criteria. A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identify, character, visual integrity and orientation. Our Analvsis: The Vail Cascade Residences redevelopment leaves the existing building generally intact and the additional 3 units will not impact the original design which previously received DRB approval. The building has and continues to be compatible with the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. There are no exterior changes as a result of the additional 3 dwelling units. . B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Our Analvsis: The applicant is not proposing any changes that deviate significantly from the intentions of SDD No. 4. The Cascade Village area and SDD No. 4 is characterized by residential, lodging, and commercial development. SDD No. 4 was established to ensure comprehensive development in a manner that is harmonious with the general character of the Town. The proposed redevelopment plan responds to the residential and commercial uses already developed in the neighborhood and adds to the high quality mix of uses existing along Westhaven Drive. The proposed uses will enhance this resort hub within the Cascade Village and generate activity that will not only benefit the property owner but the citizens of the Town of Vail. The proposed project creates a compatible, efficient, and workable relationship with surrounding uses and activities. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Our Analvsis: The proposed redevelopment plan meets or exceeds all of the parking and loading standards found in Chapter 10 of the Zoning Regulations or those contained within the ordinance i Vail Cascade Residences Mauriello Planning Group, LLC regulating SDD No. 4. Please refer to other sections of this report and the proposed • development plan for details on parking and loading. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Our Analvsis: The proposed Vail Cascade Residences redevelopment plan complies with all relevant master planning documents and Town policies. Please refer to section "VI" of this report for a comprehensive review of the Town's master planning documents and policies that are implemented by this plan. E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Our Analvsis: There are no natural or geologic hazards existing or mapped by the Town for this site. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Our Analvsis: • The building at issue has been developed for more than 20 years and therefore there are no natural features on the site. The property is well landscaped. The proposed project was designed to reflect the more modern design of the existing building as well as other adjacent buildings, the climate, and quality demanded by the Town. The project was also developed around the goals identified for SDD No. 4 and specifically Area A. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off- site traffic circulation. Our Analvsis: The proposed project does not change the access or circulation system for the area. The proposed change in use will reduce the impact to traffic in the area. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analvsis: Area A is currently developed with landscape improvements and open spaces which comply with the original approval for Cascade Village. The proposed project will not impact landscape or open space requirements. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. • $, Vail Cascade Residences Mouriello Planning Group, LLC • Our Analysis: The project is proposed to be developed in one phase. Building permits for the interior and exterior renovations will be pursued. A condominium plat will be required prior to CO of the project. VI. Comprehensive Plan Goals and Direction The Town's master planning documents have been analyzed with respect to the proposed redevelopment project. Below is a list of the Town's goals and objectives that are consistent with the proposed redevelopment plan. Items listed in italics are of particular importance to the proposed redevelopment plan. A. Vail Land Use Plan General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. • 1.3 The quality of development should be maintained a,nd upgraded whenever possible. 1.5 Commercial strip development of the Valley should be avoided. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. SkierlTourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and thE~ Town leaders should work together closely to make existing facilities and the Town function more effectively. 3. Commercial 3.4 Commercial growth should be concentrated inn existing commercial areas to accommodate both local and visitor needs. 9 • Vail Cascade Residences Mauriello Planning Group, LLC 5. Residential • 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4 Residential growth should keep pace with the market place demands for a full range of housing fypes. 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. • Vail Cascade Residences Mauriello Planning Group, LLC 10 VII. Housing Plan Ordinances No. 7 and No. 8, Series of 2007, requires the submittal of an employee housing plan or statement of exemption, as part of any development application. The purpose of the housing plan is to provide the Town with a strategy for the provision of employee housing units and to provide guidance to an applicant as to the suitability of the plan. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan. 1. CALCULATION METHOD -the calculation of the commercial linkage and inclusionary housing requirement, including credits where applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter. A. Commercial Linkage Calculation. Ordinance 7, Series of 2007, provides the Commercial Linkage requirements. Based on this ordinance, commercial generation rates are applied to the new commercial uses on the site. Then, a 20°~o mitigation rate is applied to the net new employees generated by the proposed uses. No new commercial development is proposed. Therefore, this section is Not Applicable. B. Inclusionary Housing Calculation. Ordinance 8, Series of 2007, provides an inclusionary housing "mitigation rate of ten percent (10°/a) of the total new GRFA" Net New GRFA proposed: 0 • Inclusionary Requirement: 10% of net new GRFA Total Housing Requirement: 0 2. PLANS - A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-24-3, Building Requirements. Not Applicable. 3. LOT SIZE -The average lot size of the proposed EHUs~ and the average lot size of other dwelling units in the commercial development or redevelopment. Not Applicable. 4. SCHEDULES - A timeline for the provision of any off-site EHUs. Not Applicable. 5. OFF-SITE UNITS - A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal. Not Applicable. 11 • Vail Cascade Residences Mauriello Planning Group, LLC 6. OFF-SITE CONVEYANCE REQUEST - A request for an off-site conveyance shall include a brief • statement explaining the basis for the request. Not Applicable. 7. FEES-IN-LIEU - A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal. Not Applicable. 8. WRITTEN NARRATIVE - A written narrative explaining how the employee housing plan meets the purposes of the Chapter and complies with the Town's Comprehensive Plan. Chapter 12-24-1 The purpose of Chapter 12-24-1 is as follows: The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. The Town Vail Land Use Plan offers the following goals with regard to employee housing: 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. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Not Applicable. • 12 Vail Cascade Residences Mauriello Planning Group, LLC IX. Adjacent Property Owners CASCADE VILLAGE THEATER INC - CMC RESIDENTIAL SUBASSOCIATION INC PO BOX 1152 VAIL, CO 81658 THE COLORADO MOUNTAIN CONDOMINIUM ASSOCIATION, INC. JULIE GRIMM 1000 S. FRONTAGE ROAD STE 200 VAIL, CO 81657 CASCADE CLUB ASSOCIATION DON MacLachlan 1300 WESTHAVEN DRIVE VAIL, CO 81657 CASCADE CLUB ASSOCIATION 11777 SAN VICENTE BLVD, SUITE 900 LOS ANGELES, CA 90040 • L-O VAIL HOLDING INC C/O DELOITTE & TOUCHE LLP 6363 N STATE HWY 161 STE 800 1RVING, TX 75038-2262 L-O VAIL HOLDING INC C/O DELOITTE & TOUCHE LLP 5550 LBJ FREEWAY STE 700 DALLAS, TX 75240 L-O VAIL HOLDING C/O DELOITTE & TOUCHE LLP 555 17TH ST STE 3600 DENVER, CO 80202 CASCADE CLUB LTD C/O DELOITTE & TOUCHE LLP 555 17TH ST STE 3600 DENVER, CO 80202 13 • Vail Cascade Residences Mauriello Planning Group, LLC • • • /~"~ ~.. ,Q ,,qq~~ Py i I I i ~! l-- - '- -- - - ~_ ___ __ b i .., i ,I ~" I I ~ ~ ~~ I, . l: ~ 1. , 1~- ~ .~ r.^~ .` 0=1 ~ ; ,_~, ~ ~ _ - - w I ~ ~. a• - ~ .i a ~~I ^. ~ .. ;, ~ ~, - :;~ ~ u p pO ~ I _1- r;, ~;, _ as e , _,~ . • v~ ~:._ _ w~ A~ ~, ~~. ,. 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V ~ ; , - I I, i~ ~ ~ ~ - _ - _ _ ~~ ~ ~~ 'n nn nn n ~ T - I ~ f O ~~I~ _ - ~ ~ -- - ~• I ' '1 ~ i_ West ElevaOon O O O 0 0 O O D ~ OHO O~ O 0 0 0 0~ --~- av= 4 ~~ o " ~jq om°~- ELEVATION KEYNOTES: I ~ ~I~UCII~~ - l-~I I ~- a,~~.m ~ .,~n.,~.a I i~ I lLL~~JJ (-~t^ ~ w~~ ~~ ! ~ , ~ 9fi~ o eM '': ~.~ I I I~ ~ I 1 ~ ®~ o m.. ,~~~ 0 ,. ~~~.a~ ~ ~~ ' ~~~~ l l l l l l l l l l ~, ,. ;: „ E..,.~~.E.o~„o,~,., ,, :~~~ a oe uc«ro.+E.a~.miuv.w~m n smom _ _ , o~~ ._ I ~~ ~.Ifi~ g4CeL - As Ap~a°'~ied 3aulh EleveOOn U C N U ~~ W ZW W2 ~ o0 (~ z W>o W ~~ 0 J U ~~ N M U Doti{~ ~~ 0~5~~ u" ~. A3.20 ~ • • ' - 19 ~~Q 1• 13 1O 95 QB ~ © O OZ _ i - I _~ Illlllfl I ! I I ~ '' . ~~ - - - --- !- I - ~Ii l; I I i ~~-~-I-I-~ I i i ' i i i i ~- ~ _ ~r J!I t-- - JI L- _ ~~ I,~ - -~~ ~~~a ~ ,~ - -_ -~ -_ -_ - I = ~~ ~~ NEW DECK OPENING' I~ AND WINDOWS BEYO D ~I 1'I (- I ~~ ~ I i i ~ _ ~ I --- I ~ II I ~I I I I ~~ ~~ ~ D - ~ I ~ ~ NNI ^ I _- it --- ~~ ~1Fa ~ r-~ II ~ ~ ~ i ~. ' - 1 I- n ii ~ Q© ® zo 1~ 1e 1: 1o O c~ OOO OO O~ O O Q IO I ~~i. II O O ~ ©~O I ~~~ f m Proposed West Elevallon C ~,..~ ~ Proposed Soulh Elevelion ..~ O C~ O O© O O • U C N U N L m mxsa m ~+~. w U Z W WZ ~ O Nz W>a WF~ N 0 J U ~' ~~ U A3.20 ~ • • ~ ~~ ~~ ~ ~ ~ -- s=- e ^= ~ a.:. ~~ ;~ A°.°a' ELEVATION KEYNOTES: s .ur wom.vw..a . ...u womrnwomo. . ..W m.~~m„nr~avmn ,. a,s,~ „ .,.,~ ~~ ~m~ :~~ .. ~,.a~,..o~.,~~. Q © 05 0 70 17 1® 95 11 is 14 ~ O j 1! ® ~~.® ~ ~ ~NQ°911 ~._ ® ~ ~~ ._ ~I A ® ®~~_ _ ~ I tai n II __-,, r-_ ~~ (~ ~ f ~( it O ^ ~~ ~_ --- ~ r---~ ®~ _.I ~ r _ I'1-~ ~_ _ -~- I I I I !~ I I ~1 ~ ~~ k ~~~ 0 O Eesl EleveUon C .., O O O OI `O 0 O I I ~I~O ,~'Q ~ I I~ ~ O O OO ^ f ~CIIIIIIII~.;I.I.,.I I `~'I ~ ~ ~ aae. ®~ ~ I d ~ ~ ~ ~ i ~ d ~ ""' "' ~ ~ ® INDICATES Nb 'v~fT,S~', -I1 I I h I~ill~llllllll ®~~ fl~lt ® ~ hII©I~ ~ ' i a ( ~ I, - - o o ~ ~ ~~ (I o `I L =~ ~ i 0 ~ ~ °^ a 0 0 O 0 J ZW ~2 ~Qo f~ 2 Yio H V .1 j p U N U d L `~ --- .~,-,~ C Noah Elevation "" T~~ _r~._~_...,~ A3.10J ® ~ ~® 1B 201 ~~4 u • O O O6 69 © 10 1© 18 16 ® Q ©® ~7 U4 0 ~ O 4.5 11 ~,, 13 14 Q (~ 10 ©7 ~ I ® 7p 1 --f-', l,''`~', . ~ I .i . . iu L ~ ~ ~ llll 11.J-LI_I_L-- ,___,Ii~ ~~ ~iu~ iii (u~iltl I (I ili if (~ I I - - ~~(~ ~I .- II I I I,li ~~ II i II I ~ ~~~I~~~~ ~ i~ I ~Ijll~l~ -. _ i t I I f~ i i-~ ~~-~--- C Proposed East EleveUon ^ II I ~ , INDICATES REVISED WI D EW DECK a ^ a OPENING -- -- n~_ n--- ~ ~ Proposed North Elevation O ~. U C .N. U L W Z W W2 pro 00 (q z ~=o W~~ Q J_ Q N ' ~ U A3.10 ~ • ORDINANCE NO. 33 SERIES OF 2005 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 12, SERIES OF 2005, CASCADE VILLAGE, AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR AREA A OF SDD NO. 4, IN ACCORDANCE WITH SECTION 12- 9A-10, VAIL TOWN CODE,TO ALLOW FOR THE CONSTRUCTION OF ELEVEN NEW DWELLING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Ordinance No. 11, Series of 1999, has become null and void, thereby necessitating a new approved development plan for the subject property in order to proceed through the development review process; WHEREAS, Ordinance No. 12, Series of 2005, repealed and re-enacted Ordinance No. 8, Series of 1985, to amend and re-establish the approved development plan for Area A, Cascade Village, SDD No. 4; and WHEREAS, the purpose of this ordinance is to repeal and re-enact Ordinance No. 12, Series of 2005, to amend and re-establish the Development Plan for Development Area A, specifically the "CMC Building", to allow for the construction of the proposed Cascade Residences; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and • Ordinance No. 33, Series of 2005 Attachment D WHEREAS, all notices as required by the Town of Vail 11Aunicipal Code have been sent to the ap ropriate parties; and • p WHEREAS, the Vail Town Council considers it in the beast interest of the public health, safety, and welfare to amend and re-establish the Development Plan for Special Development District No. 4, Cascade Village Development Area A. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance Ordinance No. 8, Series of 1985, is hereby repealed and re-enacted by Ordinance No. 12, Series of 2005. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. • The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled, and the Town Council has received the recommendations of the Planning & Environmental Commission for an amendment to the Development Plan for Special Development District No. 4, Area A, Westhaven Condominiums. Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites other than the development plan for the Westhaven Condominiums therefore, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. 2 Ordinance No. 33, Series of 2005 • Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning & Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. • Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in amulti-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The • Ordinance No. 33, Series of 2005 3 kitchen shall be designed so that it may be locked and sE:parated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allov~rable density per acre, transient residential dwelling units shall be counted as one half cif a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. Established A. Special Development District No. 4 is establishecl for the development on a parcel of land comprising 9.'.955 acres and Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4.f~ B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village Coldstream Condominiums Glen Lyon Primary/Secondary and Single Family Lots Glen Lyon Commercial Site Dedicated Open Space Roads A 17.955 B 4.000 C 9.100 D 1.800 40.400 4.700 • • 4 • Ordinance No. 33, Series of 2005 TOTAL 97.955 • Development Plan--Required--Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A of the Vail Town Code. S Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-7B- 3, (Commercial Core 1), Vail Town Code, except for in the CMC building, where office and educational uses shall be permitted on the first floor. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, educational, and office except that no professional or business office shall be located on street level or first floor, with the exception noted above, unless it is clearly accessory to a lodge or educational institution except for an office space having a • Ordinance No. 33, Series of 2005 5 maximum square footage of 925 square feet located ors the first floor on the northwest • corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C , Glen Lyon Primary/Secondary and SinglE;-Family Lots • 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) pe:r Chapter 12-13, of the Municipal Code. D. Area D . Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Ordinance No. 33, Series of 2005 6 • Town of Vail Zoning Regulations. • A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; 5. Major arcades with no frontage on any public way, street, walkway or mall area. 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums • 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. • Ordinance No. 33, Series of 2005 7 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail • Municipal Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, • tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to Ordinance No. 33, Series of 2005 $ • permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. • 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. 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. • Ordinance No. 33, Series of 2005 9 Density--Dwelling Units • The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of ninety-eight (98) dwelling units for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots One-hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two~of which shall be employee dwelling units as defined Chapter 12-13, of the Municipal Code . • Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GIRFA. C. Area C, Glen Lyon Primary/Secondary and SinglES-Family Lots GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the Primary/Secondary district of the Town of Vail municipal code. 10 • Ordinance No. 33, Series of 2005 • D. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. • • 11 Ordinance No. 33, Series of 2005 Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site CHART 1: Area A Completed Projects MILLRACE 1 ~ ' ~ ,~ Aus DUs 16 GRFA 20,000 ~ ;at .~ ~ MILLRACE II 14 17,534 ~_ ; 1 i nd; ,'r % MILLRACE IIII 3 6,450 f. A . `;~ .~ MILLRACE IV 6 10,450 (COSGRIFF)"` ,. ~~.. . r. WESTIN 148 _ , s 55,457 Alfredo=s Cafe Little Shop Pepi Sports W & H Smith, Vaurnot t,' ~r ..T .. ~ CMC BUILDING Cascade Wing Clancy=s I 8 15,870 Retail/ Commercial ~ r ,: ~', ,~.~ . .r$S S; F~ ~ ~, ,.ri _._ s ~ $ ^. r -. ~ r: ~ o- 1r. { i.~r` " ale ~ ~~ ; .:,.., ^.e~-. ,~~~ F • Ordinance No. 33, Series of 2005 12 • Retail/ Square On-Site Cascade Structure Aus DUs GRFA Commercial Foot Parking Parking Theater 4,220 28 College Classrooms 0.00 40 College Office 0.00 4 Theater/Meeting Room 2J 1,387 0.00 11.5 ~ ~ ~y . ,_ s'X°m w, . . TERRACE WING Rooms 120 58,069 Retail 5,856 PIAZA 1 Rooms 20 7,205 • Retail 1,D99 PLAZA II Conference ~ Retail 925 js; - ... - _-. CASCADE CLUB Retail 300 Bar & Restaurant 252 Office in CMC I 828 V 13 Ordinance No. 33, Series of 2005 Wellness Center Office in Club 1, 386 420 o.oD 7 0.00 1.4 _. ,,~, LIFTSIDE (WATERFORD) Units 27 56 Employee Units 2 1,100 1 2 (TOTALS 27 47,500 1 58 ~' ? ~ N ` ~ , ' r j ~~ z. ,~ ,,~ , ~• -c. _ ,. .. Cascade Club Addition Wellness Center 4,5DD ~ } ~ ~ ~ i ` ` r 'ter u) ~ i . r.. _ 5 / 4 ~ ~ r €~ ._ ..mom " 1 ,l li. . Pla~~ office'" 925 gy ? S _ ~ _ _ _ '~F fy', 1 t~~~~ { TOTALS 288 AU 76 DU 239,680 24,598 129 (includes 2 EHUS) "Plaza space has already been c ounted for a retail parking requirement. Th e new parking re quirement is bas ed on the differ ence between the retail and office parking requirements '**For the purposes of calcul ating GRFA for the Co sgriff parcel (M illrace IV), no c redits shall be given excep t for 300 s.f. to be allowed for each enclosed pa rking space. • 14 • Ordinance No. 33, Series of 2005 CHART 2: AREA A REQUIRED PARKING Parking for Completed Projecfs per Chart 1 Parking Spaces in 461.9 Cascade Parking Structure Less 17.5% Mixed-Use Credit ~ -80.8 Total Required Parking at Build-Out of Area A in Cascade Structure 381.1 Existing Parking in Cascade Structure 421.0 Required Parking in Cascade Structure at • Build-Out of Area A With 17.5% mixed-use credit 381.1 i Development Plans `~ Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Watertord, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. • 15 Ordinance No. 33, Series of 2005 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt, Schultz. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt, Schultz. Waterford, Sheet #2.3, dated 11-13-92 Plan LevE:l 59'-0:/64'-3" by Gwathmey, Pratt, Schultz. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultz. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. Waterford, S'~eet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, Schulte. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. Waterford, Sheet#4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. Ordinance No. 33, Series of ?_005 U 16 • • 23. Cascade Club Addition Site Plan, Roma, 10/10/88. • 10/10/88 l R 24. . Cascade Club Floor P an, oma, 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28; 91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. • 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Nlap, Inter-Mountain Engineering, Ltd, 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. The Approved Development Plan for Area A, Westhaven Condominiums, containing the following Sheets: Ordinance No. 33. Series of 2005 ~ 7 Dwg. # rfitle ~A,uthor Date -1.0 itle Sl~cet porter Architects 03-15-OS -l.l icinity Map porter Architects 1-31-OS 1 A-1.2 GRFA Summary ~torterArchitects 03-15-OS A-1.3 Spring Equinox Sun Shading Kotler Architects 01-31-OS -l.4 Summer Solstice Sun Shading ~Iorter Architects 1-31-OS -I.5 Fall Equinox Sun Shading ~lorterArchitects 1-31-OS -I.6 Winter Solstice Sun Shading )\~iorter Architects 01-31-OS -1.7 Site Plan ~iorter Architects 03-15-OS 0001 Cover Sheet alpine Engineering 03-14-OS 0002 Gradint; flan (West Halfl 1lpine Engineering 03-14-OS 003 Grading Plan (East Halfl 1lpine Engineering 03-14-OS 10004 Storm Drainage Plan ~Ipine Engineering 3-14-OS 10005 Grading and Drainage Details \Ipine Engineering 03-14-OS 0006 Utility Plan ~Ipine Engineering 3-14-OS 0007 (Utility Details ~Ipine Engineering 03-14-OS 0008 - (Demolition Plan ~Ipine Engineering 03-14-OS 1 • L-1 Landscape Plan Dennis Anderson Assoc. 03-15-OS 1 L-2 Landscape Plan -Cascade Club Dennis Anderson Assoc. 03-15-OS A2.0 Parking Level Plan vlorter Architects 03-15-OS A2.1 First Floor Plan Pvlorter Architects 3-15-OS A2.2 Second I_.evel Plan Ivlorter Architects 03-15-OS 1A2.3 Third Level Plan Ivlorter Architects 03-15-OS 1 A2.4 Fourth I_cvcl Plan Vlorter Architects 03-15-OS l A2.5 Roof Plan IVlorter Architects 03-15-OS 1 A3.1 Building A Ievations 1Vlorter Architects 03-15-OS A3.2 Buildin,. B Elevations 1Vlorter Architects 03-15-OS A4.0 Buildin`, Sections Morter Architects 02-14-OS A4.1 ~f3uilding Sections IYlo~ter Architects 02-14-OS 4.2 ~ Buildine Sections Vlorter Architects 02-14-OS 1 18 Ordinance No. 33, Series of 2005 • 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets: Conceptual Perspective from Westhaven Drive Conceptual Perspective from Westhaven Drive in photo View From Hotel Court Sheet A1.0 -Proposed Site Plan Sheet A1.1 -Sun/Shadow Plan Sheets A2.0 - A2.5 -Floor Plans East Elevation Plan North Elevation Plan South Elevation Plan Conceptual 3-D Model * A maximum of 1000 sq. ft. of common area, in addition to the approved. plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. Area C, Glen Lyon Primary/Secondary and Single Family Lots • 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Area D, Glen Lyon Commercia Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. 19 Ordinance No. 33, Series of 2005 Setbacks • A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Required setbacks shall be governed by Section 12-6D-7 of the Primary/Secondary zone district of the Town of Vail Municipal Code. For single-family • Lots 39-1 and 39-2,~ievelopment shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At-grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (2) the distance between the building envelope and the property line, or may project not more than five feet (5') nor more than one-fourth (3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. 20 • Ordinance No. 33, Series of 2005 Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. • 4. Westhaven-Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single-Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or ~J mansard roof. E. Area D. Glen Lyon Commercial Site 51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area • 21 Ordinance No. 33, Series of 2005 shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the room. On the interior area of any • building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height aNlowances for Area D. Site Coverage Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is dev~aloped as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. • Landscaping At least the follovving percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwisE; indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Gff-street parking shall be provided in accordance with Chapter 12-10, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 22 Ordinance No 33, Series of 2005 U • 66.6% and the Westhaven Condominiums, where 71 % of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, has been applied ~o the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 58 on-site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: III required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace III. 8. All loading ar~d delivery shall be located within buildings or as approved in the cl~~velopment plan. B. Area B. Coldstred;m Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. • 23 Ordinance No. 33, Series of 2005 l'~ C. Area C, Glen Lyon Primary/Secondary and SinglE;-Family Lots • Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. D. Area D, Glen Lyon Commercial Site 1. Once the parking structure is constructed, the parking and access to Area D shall be n;~anaged per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 2. No loading or delivery of goods shall be allow~.d on the public right-of-way along the South Frontage Road adjacent to the Area D development. 3. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading hat shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Ame:niries Tax Assessed • The recreational amenities tax due for the development witl~ir~ SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction v~ith each construction phase prior to the issuance of building perrnits. Conservation and Pollution Controls A. The develo; er's drainage plan shall include a provisic;n for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall b~ as set forth in the Tuwn of Vail 24 i Ordinance No 33, Series of 2005 • Municipal as amended. ' D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may mcnitor BOG ~:rength. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. • J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction cccurs in G,rcas A and D. K. The tv~o employee dvrelliny units in Area C shall only be allo~~Jeu to have gas fireplaces that meet tf~e Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development District PJo. d. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the develo~rnent to the Village Core area and Lionsl-,ead area us outlined in the approved develo`p'ment plan. B. Area A, Cascade Village 1. The developer of the Westhaven Condominium; building shall construct 25 Ordinance No. 33, Series of 2005 ~.~ a sidewalk the begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with • the recreational path to Donovan Park, as indicated on the approved development plans referenced in this ordinance. The walk shall be constructed when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The deve~per shall provide 100-year flo:.~dplain information for the area adjacent to tho Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3. Cornerstone The development plan for this area has expired. ~ ~ ~~ Ordinance t' lo. 8, Series of 1998 fcr previous requirements. C. Area D, Glen Lyon Commercial Site. • Tl~e development plan for this orea has expired. ~~a Crdinanc~: ('~o. 8, Series of 1998 for previ,~nu~ requirements. Employee Housing The developrnenf cf SDD No. 4 will have impacts en ~:vail'`.,.e c.r~N~~_~y~;e t.,~using within the Upper Eagle Valley area. In order to help meet this a;diiional employee housing need, the developer(s) of Areas A and D shall provide employee housing. In Area D, the above referenced employee housing requirement shall l;e provided on site. For the Westhaven Condominiums site, the employee hcu~ing rEq~~irer~,,cnt shall be met as set forth in Cond!tion 3 herein. The developer(s) of Area A shall build a minimum of 3 employee dwelling ur~;ts within the Cornerstone Building, and 2 v~rithin the Liftside (Waterford B~rilding). E~~ch employee unit in the Cornerstone Building shall have a 26 Ordinance No. 33, Series of 2005 • minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominuims building shall provide 4,400 square feet of ~:mployee housing pursuant to the terms of an agreement reached with the Town of Vcil as described in Condition 3. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet ~ , ~:~ the seccnd employee dwelling unit shall have a minimum GRFA of 900 square feet. Tht :RFA and nun~~ber of employee units shall not be counted toUrard allowable do, ~~,ily cr GRF,~; for SDD No. 4. All Employee Housing Units shall be deed restricted per :: ~ ~:ptcr 12.1 ~, a~ amended, of the Vail ~~f^unicipal Code prior to issuance of building permits for il-re r~:,p:~c,ive project. In Area C, Lots 39-1 and 39-2, shall be required to pro~~i_le <: T~.~~.; II, En,,;:loyee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at lest 500 e.c;. ft. each, on . each lot. These lots shall not be entitled to the 500 sc. fi. of additicnal G:rA. The 500 sq. ft. shall be included in the allowable GRFA on thc~c I.~.I;~ Each I~t sf~~~;;1 also be entitled to 300 aq. ft. of garage area credit for the e.,~~ple E i~~ousing unit, in addition to the 600 sq. ft. garage ar.~a credit alloyed per resic;cr~:;e. i ~~~=, c'rivev~.~uy v.~.~th of 12 is allowed to remain (no incroase in driveway widtl ~ is rcqui~ od :.. r ral G~Icv~~:d/required dwelling units and employee housing units on these lots. Time Rcquir~ments SDD No. 4 small be governed by tho proce:;ures ou;lincJ i~-; ~coti~n 12-'r,'. of the Town of Vail Municipal Cody., unless such time requiren-~c~~l i;; ..,~,:.;r,~e~ h~reir~. Section 5. If any part, section, subsection, sentence, clause or pi~rao ~ of tl~,s c, _',.~.~ nc~; i~ fir any reason held to be invalid, such decision shall not affect the validity cf tl~e remaining portions of this u • 27 Ordinance No. 33, Series of 20C5 ordinance; and the Town Council hereby declares it would have ~ar~;ed this ordinance, and each part, section, subsection, sentence, clause or phrase therE:of, r~ 3ardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The repeal or the repeal and re-enactment of any provisions of th:~ 'vail Municipal Code as provided in this ordinance shall not affect any right which has ac;:r:,ed, any duty imposed, any violation that occurred prior to the effective date hereof, an;. pro:.c~.~';on commenced, nor any other action or proceeding as commenced under or by ~~ir`.~_,~~ c f t; ~e r ~ :~icion repealed or repealed and reenacted. The repeal of any provision hereb;~ cf-~all nc` revivo a.'.; ;,rovision or any ordinance previously repealed or superseded unless expressly slated herein. Section 7. All bylaws, orders, res~~lutions and ordinances, or parts thereof, in ;~ r„istent her,:~rvith are hereby repealed to the extent only of such inconsistency. Tl~e r:; ::_.ier shall nct 'oe construed 4' to revise any bylaw, order, resolution or ordinance, or part ti~,rc. ", i rctofcre r~_;:>~,aled. • INTRODUCE=D, READ, AFPRO~,'ED, AhJD Of'~'rF~LL~ PUB,_ISHED G~ 1";E IN FULL ON FIRST READING this 20'h day of December, 2005, and a public I ~ wring fcr .>econd reading of this Ordinance set for the 3rd day of January, 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney ~~. Slifer, Ma, or ATTEST: Lorelei Donaldson, Town Clerk 28 . Ordinance No. 33, Series of 2005 • INTRODUCED, READ, ADOPTED AND ENACTED O~J SE~;OND READING AND ORDERED PUBLISHED IN FULL this 3rd day of January 3, 2006. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk ~i U O . 29 Ordinance No. 33, Series of 2005 • MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 24, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for the development of a mixed use project on the property known as the Cornerstone site, located at 1276 Westhaven Drive/Vail Cascade Subdivision and setting forth details in regard thereto. (PEC07-0055) Applicant: L-O Westhaven, Inc., represented by Rick Pylman, Pylman & Associates, Inc. Planner: Scot Hunn I. SUMMARY • The Applicant(s), L-O Westhaven, Inc., represented by Rick Pylman, Pylman & Associates, Inc., has requested a work session meeting with the Planning and Environmental Commission to discuss the proposed plans for a Major Amendment to Special Development District No. 4, to allow for the development of a mixed use project on the property known as the Cornerstone site, inclusive of: o Development of one (1) residential building containing a total of twenty three (23) free market condominiums, four (4) deed restricted employee housing units (EHUs) and two levels of underground parking within eight (8) stories, inclusive of loft space o Enhancement of skier drop-off and improved lift access through subject property, including a snow melted and covered exterior staircase and dedicated elevator from Westhaven Drive (ground) level to the plaza level below o Improvement of lift ticket sales office, public plaza areas and the provision of public bathrooms o Completion of sidewalk links through the subject property Discussion and feedback is requested with regard to the proposed plans relative to certain documents applicable to any development of this site. To this end, Staff has prepared a written analysis summarizing pertinent goals, policies, requirements and development standards outlined in: o The Town of Vail Land Use Plan o The Town of Vail Municipal Code o Special Development District No. 4, Area A (Cascade Village) • DESCRIPTION OF THE REQUEST Purpose of Worksession The purpose of this meeting is to discuss how the Cornerstone development proposal and the amendment to Special Development District No. 4 (SDD No. 4) will be reviewed relative to the Town of Vail Land Use Plan, the Town of Vail Municipal Code and site specific development standards and parameters prescribed for SDD No. 4. The Applicant has submil;ted a set of preliminary plans for review and consideration, dated August 13, 2007 (Attachment B) as well as a written summary of the project (Attachment C). Project Overview The attached plan sets generally indicate proposecl improvements including but not limited to: Lower Parking Level • 20,162 sq. ft. (gross) area • Parking area to accommodate 33 spaces, including one ADA accessible space • Internal vehicular access ramp • Ancillary mechanical and trash space and common circulation elements (stairwells/elevator shafts) Upper Parking Level (Plaza Level) . • 19,927 sq. ft. (gross) area • Parking area to accommodate 23 spaces, including three (3) ADA accessible spaces • Ancillary mechanical space and cornmon circulation elements (stairwells/elevator shafts} • Skier services (commercial) square footage located on the plaza level including athree-window ticket sales area and administrative office space • Owner ski lockers, Owner Lounge and skier services facilities • Two public restroom facilities Ground Level Residential (Westhaven Drive Ground Level) • 18,761 sq. ft. (gross) area • Four (4) employee housing units (EHlls) located within the "East Wing" of the building • Three (3), one-story free market condominium units • Ancillary mechanical and trash spacE~ and common circulation elements (stairwells/elevator shafts) Level One Residential • 17,045 sq. ft. (gross) area • Six (6), one-story free market condominium units • 2 • "Skier Passage" way from Westhaven Drive drop-off point on the North side of the building to new snow melted (covered) stairwell on South side of the building • Common circulation elements (stairwells/elevator shafts) Levet Two Residential • 14,477 sq. ft. (gross) area • Six (6), one-story free market condominium units Level Three Residential • 14,477 sq. ft. (gross) area • Four (4), one-story free market condominium units within "West Wing" of the building • Two (2), two-story (loft) free market condominium units within "East Wing" of the building Level Four Residential • 9,585 sq. ft. (gross) area • Two (2), two-story (loft) free market condominium units within "West Wing" of the building • Loft area for two units in "East Wing" of the building • Common circulation elements (stairwell/elevator shafts) Level Five Residential • 2,770 sq. ft. (gross) area • Loft area for two units in "West Wing" of the building • Common circulation elements (elevator shaft) Of note is the creation of four (4) employee housing units (EHUs) and the enhanced pedestrian plaza ("Skier Passage") connecting to a snow melted and covered stairwell providing access from Westhaven Drive to the chairlift plaza level. Requested Outcome The intended outcome of this meeting is for the Commission to have a greater understanding of the regulations and development standards affecting the amendment of a special development district, as well as the existing and proposed development standards prescribed within approved development plans for Area A, Cascade Village, within SDD No. 4. As well, the work session should be viewed as an opportunity to for the Commission, Applicant and public to comment on the project's potential benefits and impacts. Staff suggests that this amendment process will be an opportunity to discuss the existing SDD, specifically Area A, and to identify new opportunities propose any relevant and/or required changes to the SDD. While the Commission will not be taking formal action on the development application at this time, the Staff and the Applicant are requesting that the Commission provides: . 1) Input and direction to the Applicant on the issues and opportunities related to the proposal; 3 2) Specific or additional requirements for the impending review and approval processes. • Applicable Review Criteria To this end, review of the Cornerstone Building project will include the following code sections and other relevant documents to be considered in any future submittal for formal review and approval by the PEC: o A maior amendment to special development district application pursuant to Chapter 9 of Title 12, Town of Vail 11Aunicipal Code; Specifically, sections (in part): • 12-9A-4: Development Review Procedures • 12-9A-5: Submittal Requirements • 12-9A-6: Development Plan • 12-9A-7: Uses • 12-9A-8: Design Criteria and Necessary F=indings • 12-9A-9: Development Standards • 12-9A-10: Amendment Procedures • 12-9A-11: Recreation Amenities Tax • 12-9A-12: Time Requirements • 12-9A-14: Existing Special Development Districts o Ordinance No. 33. Series of 2005 - An Ordinance Approving a Special Development District (known as SDD No. 4) and the Development Plan in Accordance with Chapter 18.40 of the Municipal Code and Setting Forth Details in Regard Thereto (Attachment D) • o Ordinance No.(s) 7 & 8. Series of 2007 o The Town of Vail Land Use Plan BACKGROUND Special Development District No. 4 Special Development District No. 4, Cascade Village, was adopted by Ordinance No. 5, Series of 1976. At least seventeen subsequent amendments occurred from 1977 through the present day, inclusive of the most recent major amendment to approve the Cascade Residences in 2006. The subject property was a Planned Unit Development under Eagle County Jurisdiction when the property was annexed in 1975. SDD No. 4 includes the following: Area A Cascade Village Area B Coldstream Condominiums Area C Glen Lyon Primary/Secondary and Single Family Lots Area D Glen Lyon Commercial Site The entire Cascade Village site is approximately 97.5 acres. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction and early Special Development Districts were not based on an underlying zoning, there is no underlying zoning for Cascade Village. The uses and development standards for the entire property are as outlined in the adopting ordinance for Special Development District No. 4. 4 • Cornerstone Site The Cornerstone site is located south of Westhaven Drive, between the Liftside Condominiums and the Cascade Hotel Terrace Wing and conference center. The total site area is 0.6977 acres in size and slopes steeply from Westhaven Drive to the hotel terrace and Cascade Village chairlift level. The chairlift is located immediately adjacent to the site and a public pedestrian easement allows for access across the site from Westhaven Drive to the chairlift. The adjacent Waterford site (Liftside Condominiums) and the Cornerstone site are the only two development parcels within the SDD permitted to establish separate development plans. In 1992 the Town of Vail Planning and Environmental Commission recommended approval of the development plan for the Waterford (Liftside Condominiums) and Cornerstone buildings; the Vail Town Council subsequently approved the development plan via Ordinance No. 7, Series of 1993. Although this plan is now expired, the 1993 development plan for the Cornerstone site included: 0 41,010 total square feet of building area; 0 64 Transient Residential Units/28,110 square feet of GRFA; o Three (3) employee housing units (EHUs)/1,800 square feet of GRFA; 0 11,100 square feet of retail/commercial space; 0 56 on-site parking spaces for residential uses; 0 37 on-site parking spaces for retail commercial uses • 0 71' building height limit IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission, Design Review Board, Town Council, and Staff with regard to the review of any applications submitted on behalf of the Applicant. Major Amendment to Special Development District (SDD) 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. Planning and Environmental Commission (PEC): The PEC shall review the proposal for general compliance pursuant to criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings. The Planning and Environmental Commission may recommend approval of the petition or proposal as initiated, may recommend approval with such medications as it deems necessary to accomplish the purpose of this title, or may recommend denial of the petition or rejection of the proposal. :7 5 Design Review Board: • The Design Review Board has no review authority on a Major or Minor Amendment to a Special Development District (:iDD), but must review any accompanying Design Review Board application. The Design Review Board therefore will make a recommendation to the Planning and Environmental Commission on any deviations proposed to the architectural design guidelines prescribed in the Vail Village Master Plan. Town Council: Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental commission. The Town Council may cause an ordinance to be introduced to create or amend a special development district. V. APPLICABLE PLANNING DOCUMENTS Section 12-9A: Specia! Development (SDD) District. Vail Municipal Code (in part) Chapter 9 -Special and Miscellaneous Districts • 12-9A-1: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; fo preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan 12-9A-10: AMENDMENT PROCEDURES (In pan`): 8. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A-4 of this article. Ordinance No. 33. Series of 2005 An Ordinance Repealing and Re-Enacting Ordinance No. 12, Series 2005, Cascade Village, Amending and Re-Establishing the Approved Development Plan for Area A of SDD No. 4 in Accordance with ~;ection 12-9A-10, Vail Town Code to Allow for the Construction of Eleven New Dwelling Units; and Setting Forth Details in Regard Thereto (ln Part). • 6 • Ordinance No. 7. Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 23, Entitled Commercial Linkage„ and Setting for Details in Regard Thereto (In Part) Ordinance No. 8. Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by fhe Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 2, Entitled Inclusionary Zoning, and Setfing for Details in Regard Thereto (In Part). Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in . the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. Goals and Policies (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. 1.2 The quality of fhe environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core Through continued implementation of the Urban Design Guide Plan. • 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 7 2.0 Skier/Tourist Concerns • 2.1 The community should emphasize its role a.s a destination resort while accommodating day skiers. 5.0 Residential VI. 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate iri 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. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated of varied sites throughout the community. PRELIMINARY ZONING ANALYSIS Legal Description: Cascade Village (Corne:rstone Site) Parcel No. 210312119001 Address: 1276 Westhaven Drive Lot Size: .69 acres (30,056 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 Development Standard Allowed/Rea. Exist/Approved Proposed Lot Area: N/A 30,0;56 sq. ft. No Change Buildable Area: 30,056 sq. ft. No Change Setbacks: North: Per Dev. Plan 5' 10' South: Per Dev. Plan 2'-6" 5' East: Per Dev. Plan 1'-6" 5' West: Per Dev. Plan 2' 5' Building Height: 71' 71' 82' Density (Area A): 15 DU/ac 13.4 DU/ac 13.6 DU/ac or 270 DU 245 [?U* 268 DU GRFA (Area A): 289,145 sq. ft. 239,680 sq. ft. 52,021 sq. ft. Comm. Sq. Ft. (Area A): 35,698 sq. ft. 24,598 sq. ft. Unknown • 8 Site Coverage (Area A): 45%** or Unknown Unknown Per Dev. Plan Landscape Area (Area A): 50% Unknown Unknown Parking (Cornerstone): 93 spaces**" 93 56 spaces Note: * Total existing density assumes approval of additional dwelling units proposed within the Cascade Residences, pursuant to File No. PEC07-0058. ** Ordinance No. 33, Series 2005 amended allowable site coverage for Area A from 35% to 45%. *** SDD No. 4 states that "There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot." VII. SURROUNDING LAND USES Land Use Zoninq* North: Parking Structure/Liftside SDD No. 4 South: Vail Cascade Hotel/Glen Lyon SDD No. 4 East: Common Area/open SDD No. 4 West: Vail Cascade Hotel SDD No. 4 Note: * According to the records on file for SDD No. 4, the entire development district was zoned "PUD" within Eagle County prior to annexation to the Town of Vail; therefore, no underlying • "zoning" exists for this parcel other than previously approved (and amended) development plans for SDD No. 4. VIII. DISCUSSION ISSUES Overview of Review: Identification of Issues and Opportunities The Applicant has submitted preliminary plans for discussion purposes at this time, however the application for final plan review has been deemed complete. Overall, Staff suggests that the level of detail and information provided for this stage of review by the PEC is adequate and appropriate to discuss overall issues of building design and feasibility of the project, as well as initial concepts and concerns regarding bulk, mass, building height, uses and any associated issues of code compliance In addition to the zoning analysis provided in Section VI of this memo, Staff has provided a more in depth comparison between previously approved development standards (requirements or restrictions) and those currently proposed. As a reminder, the previously approved development plan for the Cornerstone Site has expired. Therefore, the following general topics relative to the proposed amendment and development plan should be addressed during the scheduled work session: Development Standards • Development standards previously applicable to the Cornerstone site, specifically building setbacks, building height, density controls, parking and loading 9 standards, were tied to site plans, landscape plans and building plans made part • of the approved development plan for the Waterford (Liftside Condominiums) and Cornerstone sites, provided via Ordinance No. 7, Series 1993, which is now expired. However, there are subsequent amendments thereto (Ordinance No. 33, Series 2005 as the most recent amendment to SDD No. 4 in its entirety) which do address the Cornerstone Site a part of Area A. Such standards are referenced below: Setbacks Ordinance No. 33, Series of 2005, states the following relative to required setbacks prescribed within Area A, in part: "Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet..." "All buildings shall maintain a 50 foot stream setback from Gore Creek. " The current proposal establishes the building footprint at the approximate distances away from property lines: North: 10'; South: 5'; East: 5', and; West: 5'. The previously approved development plan established the building footprint approximately 5' from the North property line; 2'-6" from the South property line; 1'-6" from the East property line, and; 2' away from the West property line. Therefore, Staff believes that the current proposal provides for better separation between the proposed buildings and the footprints of adjacent buildings. As well, Staff suggests that the current proposal could be construed to create slightly less • visual impact to adjacent properties closes to the East property line. Lastly, there is slightly more distance (by approximately 3 feet) provided between Gore Creek and the proposed structure. Site Coverage Ordinance No. 33, Series of 2005, states the following relative to Area A: "Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. " As the Applicant moves forward in the review process, the Applicant should be required to calculate proposed site coverage as a percent of total site area (for Area A) inclusive of the new Cornerstone Building. Landscaping Ordinance No. 33, Series of 2005, states: "At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and 8, fifty percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans." 10 • As the Applicant moves forward in the review process, the Applicant should be required to calculate proposed landscaping as a percent of total site area (for Area A) inclusive of the new Cornerstone Building. Building Height The current proposal calls for increased allowable building height from 71' to 82' for the site; this increase is requested to accommodate additional height within the "West Wing" of the proposed structure. Pursuant to Ordinance No. 33, Series 2005, building height for SDD No. 4 is calculated as follows: "For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof, unless otherwise specified in approved development plan drawings." Staff believes that although the additional height requested is proposed within a portion of the structure that will not directly impact views of adjacent properties, the Planning and Environmental Commission should consider overall design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to building height, in addition to architectural design, scale, bulk, buffer zones, identity, character, visual integrity and orientation, as criteria for any final review of this project. The Applicant has provided section drawings representing the proposed structure in relation to site grades and • surrounding buildings; these drawings as well as any available modeling should be reviewed as well. Parking Ordinance No. 33, Series of 2005, states (for previously approved and expired development plan) that: "There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. " Staff believes that a majority of the spaces previously required were generated by the approved number of "Transient Residential Units", free market units (GRFA) and retail/commercial square footage approved for the site. Specifically, sixty four (64) TRs were approved for the site with a .4 space to unit ratio, for a total of twenty six (26) spaces required; 28,110 square feet of GRFA with a .1 space per 100 sq. ft. ratio accounted for 28 additional spaces dedicated for the residential component. Additionally, 37 spaces were required at a ratio of 1 space per 300 sq. ft. of commercial space. The total requirement in the 1993 development plan was 91 spaces. The current proposal contains no Transient Residential/accommodation units or commercial square footage. In addition, the twenty three (23) free market residential dwelling units (not including EHUs) proposed will generate • significantly less on-site parking demand than the previous 32 units approved for the site. 11 Emplovee Housinc{ • Ordinance No. 33, Series of 2005, addresses employee housing in the following manner: "The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing. " Further, that: "The developer(s) of Area A shall build a minimum of 3 employee housing dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. " In addition to previously established requirements of the SDD, the development of the Cornerstone Building is subject to the Town' Employee Housing regulations, specifically Ordinances 7 & 8. Based on a proposed GRFA of approximately 52,021 sq. ft., and a required mitigation of 10% of that GRFA, approximately 5, 202 sq. ft. of on-site housing (or payment-in-lieu) will be required. The Applicant has proposed four (4) employee housing units (EHUs) within the Cornerstone building, each at approximately 1,000 square feet. In addition, the Applicant proposes to pay afee-in-lieu of $291,079 to account for the remaining 1,230 sq, ft. of required housing. Such issues should be discussed relative to the ultin-late benefits provided to the • Town by development of the Cornerstone site. As well as opportunities to mitigate any potential impacts on adjacent property Owners. Work Session Review Discussion Items In addition, Staff suggests that the following questions or areas of focus apply to any review and discussion for the Cornerstone site: Site Constraints/Opportunities: o Siting of proposed improvements relative to applicable setbacks (approved SDD No. 4 Site Plan), property lines, adjacent improvements, rights-of- way, and any easements of record o Improvements to streetscape and public areas -work with Town of Vail Public Works and property management for the Cascade Village to ensure coordinated street improvements to Westhaven Drive o InvestigationlFeasibility study of integrating "green-building" and energy efficient site and building design principles and construction techniques in the design development of the project Design: o Massing and bulk - form based considerations, compatibility with surrounding neighborhood and potential view impacts o Roof composition -pitches, proportions, overhangs and forms o General exterior material and design elements • o Facade and Fenestration 12 • o Building height calculations -conformance with goals and objectives of master plans and potential impacts on adjacent properties Density: o Dwelling Units o Employee Housing Units (EHUs) - for sale/for rent? o Maximum Density -Units and GRFA Construction Considerations and Imoacts o Code Compliance o Staging, Scope and Impacts to adjacent properties/uses Additional Information and Review Requirements Additional information and/or processes may be required in any subsequent submittals in order to adequately address the following issues and/or requirements: 1. Site Coverage and Landscape Analyses -information indicating existing and proposed site coverage and landscaping for the entirety of Area A; 2. Revised Site Plan showing all applicable setbacks to Gore Creek, as well as proposed limits of disturbance. 3. Building and Fire Code Compliance Analysis Next Steps In Review Process Proposed* Next Steps and approximate time-frames inherent in the • Development Review Process/Applications required: o Proceed to DRB for Conceptual Review in October time-frame o Return to PEC for final approval of a major amendment to a SDD No. 4 in October-November time-frame o Proceed to Town Council for review of recommendation by PEC in November time-frame o Return to DRB for Final Review in November-December time-frame Note: '' The above steps and timelines are suggested by staff to aid the Commission and Applicant in planning for future application requirements and review schedules; additional applications may be required and timelines (meeting dates) may be subject to change). IX. STAFF RECOMMENDATION As this is not a final review, the Community Development Department will not be making a recommendation at this time. However, Staff recommends that the Commission listens to the presentation and identifies any comments or concerns that the Commission may have at this time, with further direction to table the application to a date certain in August for formal review. X. ATTACHMENTS A. Vicinity Map B. Reduced Architectural Plans • C. Cornerstone report/analysis (by Rick Pylman, Pylman & Associates, Inc.) D. Ordinance No. 33, Series of 2005 -Special Development District No. 4 13 • • • Attachment A t4 • 4 V D d r ,~. ~.~.a~. C 51-l~ PLAN O 75 15 301wt SCALE: I' . ~O' W i ~GP_SL~ 0 a ~ ~ ~~ ~Q~ ~ N ~ Z FO ~ O z ~ O Q w v~ z,~~ ~ oQ v~v N Q V . ~.~ ~_ :-- ~.~a: na4 ie n ~~s ~m BDD `xdnltkal 5hrt Wnibrr A2.Ob • • • • ~ ~ / GASCAVE cLUe ~ ~ ~ .~ ~,,. ,, `~ i ~ ~______ ~~ ~-- m J ~ o J L ~ PLAZA TERRACE WING i I ~ ~ Q ~- o ~Qo ~ ~ ~; z ~~ O ~ ^~ z __ I~' a b as a -L Q v ' ~------ ----- ------ - Z ~ ~ OaQ o ___ __ _______J " v ~v v q , ~~ ~,y~,~ ~ „ SCA S~bmft4+l 1-DYVER LEVEL PARKING - LVL 36'-O" o ~a is so r.et sau.e: r . ~o~-o• GRO55 FOOTA SKI LIFT I sn..+ amts.. ~ l~2.( ~~ ti~~~ .n IPT o Q ~ 11 v ~. u ~ GASGADE GLOB ~% ~\ i i ~ j PLAZA TERRACE WINb 3 ~°~°j =d IIII I°' ~ ~' _7 -tll 7 L.--~ I I-_- ~ I _ ~ I ~ ~ 1.-_-- ~ _-_~ • • i~~~vl IrG ~ IOI I~ Sl el ~l ~! L~` ~I ,I+I - -~ i ~~~~ - .' 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JI- ~ JF_ I..L J TERRACE W1N6 o Q ~ O Q Q ~ ~ ~ °> z ~ ~_ G ~ z t11 ~ Q W v ~ I~ ~ w _ _ _ ' I I ~ V ~ I ~ I ~~ ~ I N Q v UNIT G i 0 ~ ".,' ._._.~ ® - _- I a i~~ ~ ~ ~ ~~n - I 'f ,. ~ .... WEST HAVEN DRIVE ~., .o, svv 9Winiau~ C LEVEL ONE - ~?'-OY'14'-O" O l5 15 °~' ~bt LE: I' 10'-O' GRO55 FOOTAGE = 1,045 SQ FT I I SKI LIFT dwt wnib.r X2.4 • • • r I jl ,,,.,.~ ;-I~ ~.~.~.. ti:~.,>o IFT DE _..e.,.o • • • ~, iGPSL- o a I > ~~ ~.. _ I I _ 'Y - -- I , ~ - '--- i~-- r O `• ~ ~ I ~ ....~ O UNIT 10 UNIT II a; ~ ~ ~ ,_. `.: .+~ I ~.b-} "' ~++++~xu~a ~ - ...... L 8' Q ... r ~ '' II __ ~~ . ~ ~ i SKIER v - ----, ~ PA55AbE ° O j j BELOW UNIT 12 ~,-i UNIT 13 • . -~ _~ d ~ -'~ . - - ~ - J L ~' Q # o ~Qo N N ~ Z O z ~ ~ O ~~ w ~ _' IpoQ ~ ~N Q ~ , ~ ~ UNIT 15 v ....,~ '1 UNIT 14 ~ +J ._...- ~._...,.. a - ~-s-- ~ ~ ~~ ~~~, C LEVEL TWO - 88'-O"/85'-O" o s ,µ~s..r,... 9o i~c scue, r . io•-o~ GRO55 FOOTAGE = 14,4'i? SQ FT .°,Iwt NwN»r f~2.5 I / /~ /~ L ---- - JI ~. - -- ~o~ ~- o UNIT I6 "' p UNIT 17 .r, .___. ~~ ~ /~ L o ~ - ---- UNIT 18 0 0 ~ ' p UNIT 19 ,<._.-. ~ ~ :~~ ~ ~1 L ~ J L ~~~ PASSAGE BELOW O Q O Q O Q v. '~n°~j I z o~ O z ui ~ o~ w vg z ~. y ~ oQ v ~~ s~~-~~~ aaM 19 A~gu.t 'OT 9D0 9ibnlttal C LEVEL T1#2EE - 49'-O"/ab'-O"® O ~ 75 13 30 fast 50ALE~ I' ~ 10'-0' GRO55 FOOTAGE = 14,4'(1 SQ FT n."c rr~~n.. L~2.6 __ ~ ~ ~ i Y- ~ I ~~ ~~ ~~ .~.,~.,~ 0 a ~ o ~Q~ ., z ~> O z ui W~~ ~' i i .~ ~ SKIER ~ UNIT 20 d O ~e -- -- - ~ ~ PASSAGE I `~°~ "' V UNIT 22 0 I i 6ELOW ., o ~. UNIT 23 ."..~, - ~~ a .-.. >~ ~~ - ~ ~ 'w~ L ~ .=~~= ~ ~~ ~ ~... 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R.imrFrl. e..Frwae~e Fairyale~9lelW BFeFd1 BrYR 6e~rn'JFllmal Y' Br Cnnra IlFnarflrM D•1N IbYreWee FYYir 111 BFPeBIa Oiea N lalila See1nK I1111y1oY F+IW F+IFrI'a /I~IYaYri Orel R~sl~pari. tliOUR 9Ytli EfMBaa BMII VIRr 8MY //j% wmE maRaes M IRRIGATION SYSTEM N pknOnp 6adt wi91 ben aRd linba and PdMRYW end praaMm~an b be Ylgebd - ~v~wvwrar~ shWlanEtrn/NOrriaOva ierap am an b ba A+v Y+geue erd tla ne9w pnlea b a apFayadea+ia9. nAVMadI. 7900 SF. TOTAL IRRIC.ATm AREA °I O O Q U ~ J W ~> Z '~ w O O ~ ~g U> W u' W Z °o °a ~ ~~ O ~ U I r ~' I o.r: v,warm aoo e~e~mi PRELIMINARY LANDSCAPE PLAN ara rarer L1 • CORNERSTONE CONDOMINIUMS AN AMENDMENT TO TOWN OF VAIL SPECIAL DEVELOPMENT DISTRICT #4, AREA A, CASCADE VILLAGE • • Attachment C • CORNERSTON CONDOMINIUMS AN AMENDMENT TO TOWN OF VAIL SPECIAL DEVELOPMENT DISTRICT #4, AREA A, CASCADE VILLAGE Owner/ADnlicant L-O Westhaven, Inc. Architect Gwathmey Pratt Schultz Lindall Architects, P.C. Civil Engineer Alpine Engineering, Inc.. Landscape Architect Dennis Anderson Associates, Inc. Land Planning Pylman & Associates, Inc. • TABLE OF CONTENTS 1.0 Introduction 1 1.1 Purpose of Report 1 2.0 Cascade Village SDD #4 1 2.1 Cascade Village History 1 2.2 Cornerstone Site History 2 3.0 Proposed Plan 4 3.1 Project Description 4 3.2 Development Statistics 5 3.3 Utilities 7 3.4 Parking Needs Assessment 7 • 3.5 Housing 8 3.6 Rental Opportunities 8 3.7 Other Site Issues 9 4.0 Special Development District Review Criteria 10 5.0 Key Features and Findings 15 5.1 Key Features 15 Appendix Vicinity Map Cornerstone Building Matrix • • 1.0 INTRODUCTION 1.1 Purpose of Report The purpose of this report is to provide information relative to an application for an amendment to Area A of Town of Vail Special Development District # 4, Cascade Village. The application requests development plan approval for development of the Cornerstone Condominiums site located within the Cascade Village Special Development District. Submittal requirements for a formal Amendment to an SDD 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 packet. 2.0 CASCADE VILLAGE SDD #4 2.1 Cascade Village History Cascade Village was approved by the Town of Vail as Special Development • District # 4 in 1976. The overall SDD consists of 97.955 acres and includes four different components identified by areas. Area A, known as Cascade Village, includes the Cascade Hotel and conference facility, the Colorado Mountain College building, the Aria Athletic Club and Spa and a parking garage to serve all the above listed uses. The Liftside and Millrace residential complexes, two single family/primary secondary homes and the Westhaven Condominiums site are also within Arf:a A. The Cornerstone parcel is located within Area A, on the south side of Westhaven Drive immediately adjacent to the Cascade Hotel, the Cascade Village chairlift and the Liftside Condominiums. Area B consists of the 65 unit Coldstream Condominium complex. Area C consists of the Glen Lyon neighborhood, which is approved for 104 units in a single family/primary secondary lot configuration. Area D is the Glen Lyon Office Building located along the South Frontage Road on the east edge of the Cascade Village SDD. Over the course of years following the 1976 approval of the Cascade Village SDD . many of the areas and individual sites have been developed. The Coldstream • Condominiums are completed, there is an office building located on Area D and single family and primary/secondary homes have been built in the Glen Lyon Subdivision. The Cascade Village area, Area A of the SDD, is almost completely built out, with the Cornerstone site representing the last remaining undeveloped parcel. 2.2 Cornerstone Site History The Cornerstone site is a tightly defined building envelope located south of Westhaven Drive in between the Liftside Condominiums and the Cascade Hotel Terrace Wing and conference facility. The total site area is 0.6977 acres in size. The site slopes down steeply from Westhaven Drive to the Cascade Hotel Terrace Wing and chairlift level. The grade at the high point of the Westhaven Drive cul- de-sac is 8074 feet and the lowest grade at the chairlift plaza is 8047 feet for an overall grade change of 27 feet across the site. The Cascade Village chairlift is immediately adjacent to the site. The current public access to the lift is via a narrow wooden stairway that traverses the Cornerstone site and negotiates the grade transition from street to chairlift. A public pedestrian easement allows for this access across the site. A small skier facility building provides ticket office and public restroom space. The chairlift plaza level of the Cascade Hotel Terrace Wing includes a ski rental shop and a small amount of retail space to serve chairlift patrons. • In 1942 the Vail Planning and Environmental Commission (PEC) recommended development plan approval for the Waterford (Liftside) and Cornerstone buildings. The PEC approval was forwarded to Town Council and the Town Council approved the development plan in early 1993. Construction commenced on the Waterford (Liftside) building in the spring of 1993 while the Cornerstone parcel has remained undeveloped. At some point in the construction and marketing phase the Waterford building was re-named as the Liftside Condominiums. The Liftside Condominiums building consists of twenty-seven (27) wholly owned condominium units with approximately 47,000 square feet of GRFA and two (2} EHU's totaling 1100 square feet. The development plan approval for the Cornerstone site included 64 Transient Residential Units of 28,110 square feet of GRFA, three employee units totaling 1800 square feet of GRFA and 11,100 square feet of retail/commercial space for a total building size of 41,010 square feet. The building also was to include 56 on site parking spaces for the residential component and 37 public spaces for the retail component. A Transient Residential Unit (TR) was a crossover condominium/hotel product specifically created for Cascade Village. The intention was to allow a hotel room type of product that could be condominiumized. A TR unit was essentially a . slightly enlarged hotel room that included a small kitchen facility. The definition 2 of a Transient Residential Unit limits the room size to a maximum of 645 square • feet and allows a kitchen area. not to exceed 35 square feet. The kitchen area was required to be designed in such a manner that the kitchen could be locked off in a closet. The kitchen area was apparently only to be used by the unit owner. The 1992 plans for the approved Cornerstone building indicate asix-story building with an additional below grade parking level. While the plans indicated six stories of building from the plaza side (south elevation} the Westhaven Street side (north elevation) appears as a four-story structure due to the grade change of the site. The lowest level of the building was designed below the existing plaza level and contained parking. The plaza level consisted of retail space and the next level up included parking and three 600 square foot employee housing units. The Westhaven street level consisted of additional parking and retail space with three floors of units above. The Cornerstone building ridge in front of the Liftside building was designed to an elevation of 71 feet above the plaza level. In order to allow the different parking levels appropriate access and to provide a physical separation of the public/retail parking from the residential parking there were two points of vehicular access into the building. A skier passage and staircase allowed pedestrian access from the street. to the chairlift. The real estate market never embraced the Transient Residential Unit concept or the retail space and the Cornerstone site did not move into the construction phase in conjunction with the Liftside Building. • • 3.0 PROPOSED PLAN 3.1 Project description The current Cornerstone proposal reflects the evolution of Cascade Village as a hotel and short-term second home residential neighborhood with a limited amount of support commercial uses. The demand for additional commercial space and hotel style accommodations as anticipated by the original Cornerstone approval has failed to gain market support. The current condition of the Cornerstone site, particularly the skier access staircase and the skier services facilities, is not in keeping with the level of quality that the Cascade community and guests have come to expect. This proposal will fill in sidewalk links that are currently incomplete, will provide for an improved skier courtyard, create an improved lift ticket sales plaza, public bathroom areas and public spaces and significantly improve skier access to the Cascade Village chairlift. The skier portal wilt include a covered, heated staircase and a dedicated elevator to provide access from the street level to the chairlift level. The building proposal includes twenty-three (23) free market condominium units and four (4) deed restricted Employee Housing Units. Other than the lift ticket • sales windows at the chairlift level plaza there is no commercial or retail component to the building. All parking will be located in a two level enclosed parking garage beneath the building. The residential portion of the building is designed as two distinct building elements separated by the open skier access corridor. Vehicular access to the garage will enter the building at the western edge of the property. Entering the building at this lower elevation along Westhaven Drive allows access to two full levels of parking beneath the residential portion of the building. An internal ramp at the west end of the garage circulates vehicles down one level below the existing plaza/chairlift level. This lowest level of the building will include parking and mechanical equipment. The next Level up, the plaza level of the building includes parking, owner ski locker areas, and the skier services facilities dedicated to the chairlift operations. The skier services facility includes athree-window ticket sales area, administrative office space for lift ticket operations and public restrooms. A snowmelt equipped exterior staircase and a dedicated elevator will provide skier access to this level from Westhaven Drive. The east wing of the building consists of eight residences on four levels above the parking gazage. Each of the first three levels includes two 1995 square foot units. The fourth floor of residences includes two 3384 squaze foot units that include loft space within the roof area. The roof ridge of this section of the building, • which lies in front of a portion of the Liftside building, has been designed to an elevation of just under 8119 feet, which is slightly below 7I feet above the plaza 4 level grade. This proposed building height is slil;htly lower than the Cornerstone design that was initially approved in 1993, at the same time the Liftside building was approved for development. The west wing of the building steps between four and five stories above the parking garage. The ground level includes the parking ramp, trash facilities ,four Employee Housing Units (EHU's) and one free market unit. The next three floors each consist of four units of approximately 1995 square feet per unit. The fifth floor includes 3,112 square feet of loft area for two of the fourth floor units. The western portion of the building remains at four levels above the garage. The maximum height of the west wing of the building is 82 feet at the highest point. This high point is measured from the plaza level to the ridge of the required fire stair tower. The steep slope of the site and the south side location of the stair tower combine to create this height situation. Approximately half of the roof ridge of this portion of the building falls below 7l feet. Vertical circulation from the parking levels to the residences above is provided by three elevator/stair tower systems. Building materials consist of stone and stucco with a metal roof system. The design provides an upgraded yet complementary material palette to the existing architecture of Cascade Village. 3.2 Development Statistics • The following information outlines the development statistics specific to the Cornerstone Condominiums site as proposed and, as appropriate, compares those to the development statistics for Area A of the Cascade Village SDD as outlined in Town of Vail Ordinance #11 of 1999. This ordinance has expired and the development standards outlined in that ordinance cio not specifically regulate the Cornerstone Condominiums site. Permitted Uses: Multi-Family dwellings Area A of the Cascade Village SDD, as a mixed use commercial, lodging, recreation and residential area includes a lengthy list of permitted uses. Multi- Family dwellings are included within this list. Conditional Uses: None Other than Fractional Fee ownership, none of the uses listed as Conditional Uses in Area A are applicable to the Cornerstone Condominiums site. Fractional Fee ownership is not contemplated for the site. • 5 • Accessory Uses: 1. Home occupations, subject to issuance of a home occupation permit in Accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. The above listed accessory uses are common to many of the SDD's and standard Town of Vail residential zone districts. Densitv: Units Twenty-three dwelling units and four Employee Housing Units (EHU's) The original approval of the Cornerstone site included 64 Transient Residential units. The SDD language includes a 2:1 conversion factor from TR's to dwelling units. This would translate to 32 dwelling units previously approved for the Cornerstone site. Densitv -GRFA . The Gross Residential Floor Area shall not exceed 52,500, square feet. The GRFA for the buildings has been calculated in accordance with Section 13B of Ordinance 14, Series of 2004. The original GRFA approved for Area A of the Cascade Village SDD appears to be 289,145 square feet and the existing build out information states that the existing GRFA in Area A is currently 272,680 square feet. This results in less GRFA available than the 1993 approval contemplated. Cascade Village was originally approved for 35,698 square feet of commercial space, including 11,100 square feet in the Cornerstone building. As Cascade Village has developed and matured it has become apparent that this vision of Cascade Village as a commercial hub will not be viable. Businesses within Cascade Village have struggled to remain successful and some commercial spaces have been converted into residential uses. There are currently plans to convert additional portions of the CMC space and the theatre area to residential use. GRFA and commercial square footage area issues within Cascade Village will require some discussion with the Town of Vail. Setbacks The building setbacks shall be as proposed on the development plan. The Cornerstone property lines appear to be designed as a development footprint area. • 6 The proposed building lies completely within this envelope. In general, the • setbacks are designed to meet building code clearance requirements. Height: Maximum height of the building will be in accordance with the final architectural plans. Previous development statistics for Area A of the Cascade Village SDD specified a 71-foot maximum height limit for the Cornerstone site. The east section of the building maintains this same height design as the original approval. The west portion of the building has been designed with a variable ridgeline that generally falls below 71 feet in height. A portion of this section of the building measures up to 82 feet in height. Site Coverage: The site coverage of the building footprint equals 66°Io of the site. Landscaninv: The proposed plan currently proposes 34°Io percent of the site in landscaping and paved pedestrian walkways. Parking and Loading: 56 fully enclosed parking spaces One hundred percent of the required parking for the proposed development plan is located within an enclosed parking garage. 3.3 Utilities Water and sanitary sewer mains are located within Westhaven Drive. A sewer line also runs along the lower level of the Terrace wing of the Cascade Hotel. Gas, electric, cable television and telephone services are all available at the site. 3.4 Parking Needs Assessment • Parking demand for this project has been calculated in accordance with Parking Schedule B of Chapter 10, Off Street Parking and Loading, of the Town of Vail • Zoning Code: 7 • Residential units between 500-2,000 sq. ft. of GRFA require 2 parking spaces per unit • Residential units greater than 2,000 sq. ft. of GRFA require 2.5 parking spaces per unit 19 units at 500-2,000 sq. ft. GRFA = 38 required parking spaces 4 units greater that 2,000 sq. ft. GRFA = 10 required parking spaces 4 2br. EHU's (less than 2000 sa. ft.l = 8 reauired narkine spaces Total 56 required parking spaces Pazkine Sumrnazv 56 spaces provided on site 56 spaces required per Town of Vail Zoning Code Loadine Summary 1 loading berth shared with Cascade Conference Center 1 loading berth required per Town of Vail Zoning Code 3.5 Housing • The 1995 ordinance detailing the approved Cornerstone plans required three Employee Housing Units to total 1800 square feet in area in the approved design plans. In this proposed plan the design includes 4two-bedroom units of approximately 1000 square feet each. The applicant believes that this proposed unit design is more in keeping with current Town of Vail housing goals than the smaller dormitory style units that have been discussed in the past. The two bedroom unit designs should be very attractive to long-term local residents and the location provides an extremely rare opportunity to provide ski-in ski-out employee housing. The current Town of Vail housing code requires a 10% inclusionary requirement based on the proposed GRFA. The proposed GRFA totals 52,021 square feet. Ten percent of 52,021 equates to an EHU requirement of 5,202 square feet. The proposed on-site housing measures to 3,972 square feet. The remaining 1,230 squaze feet is proposed as a pay-in-lieu amount. At the 2007 Town of Vail pay- in-lieu rate this will result in a payment of $291,079. 3.6 Rental Opportunities . The Vail Cascade Resort & Spa has a total of 292 rooms. In 2006 the Vail Cascade Resort & Spa averaged an annual occupancy rate of 61.9%. The hotel 8 only sold out (defined as 98% occupancy) 29 out. of 365 nights in 2006. There is • no economically justifiable demand to build additional hotel rooms in Cascade Village at this time. Vail Cascade Condominiums, an operating division of Vail Cascade Resort & Spa, provides property management services to all of the condominium associations in the immediate neighborhood. Of the 160 condominium units under management in the Cascade Village neighborhood there are 85 units actively engaged in the short-term rental program. This equates to just over 50% of the units in these managed properties. The short-term rental occupancy of these units, exclusive of owner use, averaged 28°ro and provided 6,723 room nights in 2006. The premium rental rate of these units combined with the 29% occupancy rate provides a significant economic benefit to the community. The condominium guest amenity package is equal to the hotel guest package. The amenity package includes access to the Aria Spa and Athletic Club, use of the resort shuttle to Lionshead, Vail Village and the grocery stores, an on-call shuttle service that connects the condominiums with the hotel, ski and boot storage at the lift, daily housekeeping, room service and use of the hotel pool, hot tubs and library. The amenities and economic return make the short-term rental pool an attractive option for condominium owners. In the Liftside building immediately adjacent • to the Cornerstone site 10 of the 27 units are enrolled in the short-term rental pool. The Cornerstone building will also be managed by the Vail Cascade Condominiums and Cornerstone owners will be encouraged to participate in the short-term rental program. With the prime lift side location and immediate proximity to the hotel these residences will be very attractive for short-term rental. 3.7 Other site issues The development of the Cornerstone site presents an opportunity to redesign and remodel the current Westhaven Drive entry and skier drop off area. This area is currently laid out in a confusing split lane boulevard design with very little formal landscaping. There is poor organization to the bus stop and skier drop off area. The applicant is interested in working with the town to create a new entry design for this area. • 9 • 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 encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." The Municipal Code provides nine design criteria, which shall be used as the principal Criteria in evaluating the merits of the proposed Special Development District. It shall be the burden of the applicant to demonstrate that submittal • material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The 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 resnonse_ The proposed building architecture respects the previous height design for the portion of the building that falls within the view plane of the Liftside building. This will ensure that the view impacts to Liftside are consistent with the expectations created by the initial simultaneous approval of the Cornerstone and Liftside buildings. The open air skier passage to the elevator/staircase allows for an open view to the mountain from the Westhaven Drive entry into Cascade Village and provides a dramatic and functional skier access to the chairlift. The three and four story building elements, as viewed from Westhaven Drive, are consistent with the S urban village design of Cascade Village. The lower level skier plaza will be 10 finished in a high quality manner with a heated snowmelt system and a formal • landscape planting and paver design. The architectural design utilizes similar exterior materials and expresses a scale that is compatible with the adjacent buildings. All required pazking is located within an enclosed heated garage. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Applicant response: The proposed use of twenty-three residential dwelling units is compatible with the surrounding uses. Area A of Cascade Village contains residential, lodging, athletic club and spa, and restaurant uses. The adjacent Liftside building includes twenty-seven wholly owned units. The residential and hotel uses are compatible and the building design and density fits well with the compact village concept of the area. C. Compliance with parking and loading requirements as outlined in Title 12, Chapter 10, of the Town of Vail Municipal Code. . Annlicant response: The parking requirement for the project is 56 parking spaces. The proposed development plan incorporates all 56 spaces within an enclosed heated garage. As a strictly residential building the need for loading facilities is only on an occasional basis. The adjacent Cascade Hotel conference center has a streetside loading dock immediately adjacent to the building that will be shared by the Cornerstone building as necessary. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Applicant response: The goals contained in the Vail Land Use Plan aze 'to be used as the town policy guidelines during the review process of establishing or amending Special Development Districts. The following policies are relevant to the review of this proposal: 1. General Growth/Develonment • 11 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water, and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. • The proposed development plan is in compliance with these applicable elements of The Vail Land Use Plan. 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 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 community. Annlicant response: The building design provides a fully functional residential site plan with good street access, parking that is visually screened from view and a much improved 12 public chairlift access experience. The design complements the urban nature of • the site. There is very little open space associated with this site and there are no sensitive natural features or vegetation issues. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. .Applicant response: The proposed plan addresses vehicular and pedestrian circulation, parking and loading in a positive manner. Vehicles will enter the parking garage at the lowest point of the road frontage along Westhaven Drive. Two levels of parking with 56 spaces are available to the building. All parking is covered and visually screened from public view. Loading will be accommodated at the existing streetside loading zone used by the adjacent conference facility. A sidewalk running the length of the property along Westhaven Drive will connect the parking garage, and other residential properties from the west directly to the heated skier access to the chairlift. This access will accommodate stair and elevator circulation from street level to the chairlift plaza. This sidewalk will also extend to the east and connect Liftside and the public bus stop to the skier access. The entire south side of the building, at the chairlift level, is designed as a landscaped and snowmelt system equipped pedestrian plaza that links the hotel and conference center to the • chairlift and skier services facilities H. Functional and esthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Applicant response: This site has been heavily disturbed by previous construction of the roadway, the surrounding buildings and the chairlift. There are rio natural features of this site that are important to preserve. There are however important recreation and pedestrian functions of this site that are improved and enhanced by this proposed building and the associated landscape and site improvement plan. The proposed landscape plan is in full compliance with the intent of this specific review standard. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Applicant response: 13 The project will be constructed in a single phase. A construction management i and staging plan will be submitted for review prior to any request for a building permit. • 14 5.0 KEY FEATURES 5.1 Key Features This proposed amendment to the Cascade Village Special Development District features: The proposed Cornerstone building will eliminate the existing wooden skier access staircase and replace this staircase with a heated skier plaza at the street level that leads to a heated covered staircase and a dedicated skier elevator. The skier plaza at the chairlift level is also paved and heated. • A much improved skier services facility including lift ticket sales windows, administration space and public bathrooms. • A development plan that consists of uses and densities that fit well within the confines of a small and constrained development site. • An architectural design and scale that fits well within the context of the existing neighborhood. • • A redesign and expansion of the previous employee-housing requirement • in a manner that allows for the creation of larger housing units that are in line with current Town of Vail housing goals. These two bedroom units are suitable for long-term ownership and occupancy and are a significant upgrade from the previously contemplated dormitory style unit. • 15 Cornerstone Site, Cascade Village j • ~ Copyright 2005.Eaale County Governmenx Disclaimer: This map was created by the Eagle County GIS Department. Use of this map should be for genera! purposes only. Eagle County does not warrant the accuracy of the data contained herein. n Ls~~~n~ I~J',:?1;:~''i "113 Pa'J1 _ ! ana3 ~_:~ ~.c~~,. ...'r:l.: ~~: • Page 1 of 2 13-Aug-2007 ~ Cornerstone Study, Cascade Village, Vail Colorado Tota/ Site Area - 0.6977 A C Floor Elev Brief Description GRFA - Includes partial Support Areas attics 8 partial open to below spaces LOWER LEVEL PARKING I Parklna I 17,623 I I I I Common (Stairs. Elev. Elev Lobbies. Elev Mech) 1.484 I I Ch111erlGenerator ~ 1,197 ~ I'~36`alfT,,OTA'LAG"`wpi7P,aikinq~l.~vett~'~Sh"eet~21~~ ,=~. ,~ I:~~a,:;.~,,.,~ - ~~ ~ I ?"~~^~a~~0~~ ':7:= ~ I'~% I I UPPER LEVEL PARKING I I I Parking I 12, 904 I I 1 Common (Stairs, E/ev, E/ev Lobbies, Elev Mech) I 1,739 I I Sforege I 633 I Owner's Lockers & Lounge I 1,484 I I Owner's Off Season Storage I 1,192 I I Owner's Toilet 8 Circulation I 425 Ticket Sales I 623 I. 1 SkierAccess Elevator/Stair I 481 Public Tollefs 8 Janitor I 480 I I GROUND LEVEL I Common (Stairs, Elev, Elev Lobbies) I Parking Ramq, Trash, Deliveries Skier Access Elevator/Stair Mechanical/Electrical I Total SuQQort Areas I EHU: 4 (993 SF Each) I Dwelling Unlfs: Z Tyglcal One 11995 SF Eachl I Dwel/lna Units: 1 TVOlcal Two (1973 SF Each) I Total Residential Areas 15 Unlt Decks not incl in gross) I LEVEL ONE I Skier Passage !Elev. & Stair) I Common Areas (Stairs, Elevators & Passageways) +Total Support Areas ;Dwelling Units: 5 Tvgical One (1995 SF Each) I Dwelling Units: 1 TYglcal Two (1973 SF Eachj I Total Resldentia/ Areas 6 Unlt Decks (not Intl In I LEVEL TWO I Common Areas /Stairs. Elevators B Passagewavs) I Dwelling Units: 5 Tvgical One (1995 SF Each) I Dwelling Units: 1 Tvgical Two (1973 5F Eachj 2333 16 Unit Decks (not Intl in gross) • I ~ I 2,515 I I 3, 924 I I I 588 I I I 1,825 I I I I 1 I 8.852 I 3972 I 3.972 I 3, 990 I 3.990 I 1.973 I 1, 973 I I 9.935 964 I ,:a ~i~o:,a.aa~-~.~~-r .,~.r"~<-y;~o~_+.v~~ w ss~:o,ioi. ~::,;: s+c ~-. 2, 376 I I 2,487 y I I I 4, 863 I 9.975 I 9.975 4 1.973 ~ 1,973 I I 11,948 1,189 ~ I I z ,.I ...:11:9483,;; ;:h',`a'~"'I i11.948''~'.~~`€~=-"-1:6 811~M~"'~=-V I I I 2,488 ~ I I I 9.975 I 9.975 I I 1.973 I 1,973 I 1,189 + I ~. + ~T`--w~-.;. ~, ~ ;~~`~`. Li,t948a~ ~~ 1M''r~Z1.~:_1~4;94.8~~. ~'',h4;436~ u'°< • • ~ . • 17-Apr-2007 Cornerstone Study, Cascade Village, Vail Colorado Total Site Area - 0.6977AC I GRFA - Includes partial Brief Description J Support Areas attics & partla/open to I Salable I Gross 6efaw soaees I LEVEL THREE Common Areas (Stairs, Elevators & Passageways) 2,488 Dwelling Units; 4 Typical One (1995 SF Each) 7,980 7,980 Dwelling Units: 1 Lower Loft One (1995 SF Eachl I 1.995 1.995 Dwelling Units: 1 Lower Loft Two !1973 SF Each) ~ ~ 1,973 1,973 1 189 6 Unit Decks fnot Inc! In dross) ~7'OAT•4L~L~evet~Tlieehe'et;2i6 .` _J~}'„ ,` ~~',~~1a "°`~-: °=~± ~"- ~ ~`. . r;11,948~` "`Y~ ~" I ,s. ~F;=1.1:948.x:'? LEVEL FOUR Common Areas (Sta/rs, Elevators 8. Passageways) 803 ~ 588 Attics Dwelling Units: 2 Lower Loft One (1995 SF Each I 3,990 3990 Dwelling Units: 1 Upper Loft One (1535 SF Each1 1,535 1,259 Dwelling Units: 1 Upper Loft Two (1535 SF Each) I 1.535 1, 259 I Unit Oecks (not incl in .gross) ) 416 LEVEL FIVE I I I Common Areas (Stairs, Elevators 8 Passageways) ~ 0 I Attics 294 I Dweilin~ Units 2 Upper Lon une (1535 SF Each1 I 3 070 2 518 0 Unlt Decks (not Inc! In e~ross) 0 )~110L107x~- ~dtt7'O-T~IT.'Lfievel.Fivet'~Sheetf2r8 ~ .~~a%.~">,:._'~ -"";' ..~~5"+,;t" "~~~~~y "`~.~~3,070 . °~%~~~"I. _x..2,318~.,*;i~4 ~? ;3,364 ,. ,~ . rz, _ I M ALL TOTAL: ALL Levels Support Areas ~~"'~59;7.59+ J _ ALL TOTAL: ALL Levels Gross Residential ~'. ~ ~' S5 909~`~~1 ., I ... _,,.. ~ ,H- ,- ~~ I~~~54,805~`~~ ~ ,. ,ALL' f TOTAL:'~ALL~LevelsS,Gross' SauaceFootage ~ .I ~~ ~ I } `-~~ '~ Ks'- ~ a~ .: `°~ >:126;550;' 1 ORDINANCE NO. 33 SERIES OF 2005 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 12, SERIES OF 2005, CASCADE VILLAGE, AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR AREA A OF SDD NO. 4, IN ACCORDANCE WITH SECTION 12- 9A-10, VAIL TOWN CODE,TO ALLOW FOR THE CONSTRUCTION OF ELEVEN NEW DWELLING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Ordinance No. 11, Series of 1999, has become null and void, thereby necessitating a new approved development plan for the subject property in order to proceed through the development review process; WHEREAS, Ordinance No. 12, Series of 2005, repealed and re-enacted Ordinance No. 8, Series of 1985, to amend and re-establish the approved development plan for Area A, Cascade Village, SDD No. 4, and WHEREAS, the purpose of this ordinance is to repeal and re-enact Ordinance No. 12, Series of 2005, to amend and re-establish the Development Plan for Development Area A, specifically the "CMC Building", to allow for the construction of the proposed Cascade Residences; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and i Ordinance No. 33, Series of 2005 Attachment D WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent • to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the k>est interest of the public health, safety, and welfare to amend and re-establish the Development Plan for Special Development District No. 4, Cascade Village Development Area A. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance Ordinance No. 8, Series of 1985, is hereby repealed and re-enacted by Ordinance No. 12, Series of 2005. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled, and the Town Council has received the recommendations of the Planning & Environmental Commission for an amendment to the Development Plan for Special Development District No. 4, Area A, Westhaven Condominiums. Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites other than the development plan for the Westhaven Condominiums therefore, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. 2 i Ordinance No. 33, Series of 2005 Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning & Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. • Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in amulti-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The Ordinance No. 33, Series of 2005 3 kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible: from common corridors, walks, or balconies without passing through another accomrriodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be aNlowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 9.955 acres and Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4." B. The district shalt consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village Coldstream Condominiums Glen Lyon PrimarylSecondary and Single Family Lots Glen Lyon Commercial Site Dedicated Open Space Roads A 17.955 B 4.000 C 9.100 D 1.800 40.400 4.700 r~ • 4 Ordinance No. 33, Series of 2005 TOTAL 97.955 Development Plan--Required--Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A of the Vail Town Code. • Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-7B- 3, (Commercial Core 1), Vail Town Code, except for in the CMC building, where office and educational uses shall be permitted on the first floor. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, educational, and office except that no professional or business office shall be located on street level or first floor, with the exception noted above, unless it is clearly accessory to a lodge or educational institution except for an office space having a • Ordinance No. 33, Series of 2005 5 maximum square footage of 925 square feet located on the first floor on the northwest • corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots • 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the 6 • Ordinance No. 33, Series of 2005 • Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; 5. Major arcades with no frontage on any public way, street, walkway or mall area. 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums • 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2 Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. • Ordinance No. 33, Series of 2005 7 U 2. Home occupations, subject to issuance of a home occupation permit in • accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, . tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to s • Ordinance No 33, Series of 2005 • permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 1 Z, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. • 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. 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. • 9 Ordinance No. 33, Series of 2005 Density--Dwelling Units • The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of ninety-eight (98) dwelling units for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums 'Sixty-five (65) dwelling units C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots One-hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined Chapter 12-13, of the Municipal Code . . Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GFZFA. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the Primary/Secondary district of the Town of Vail municipal code. 10 • Ordinance No. 33. Series o(2005 • D. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. • • 11 Ordinance No. 33, Senes of 2005 Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site ', MILLRACE I rn MILLRACE II 1:11L1_RACE IIII .Y. MILLRACE IV (COSGRIFF)""" L , WESTIN Alfredo=s Cafe Little Shop Pepi Sports W & H Smith, Vaurnot CMC BUILDING Cascade Wing Clancy-s CI Aus I i 148 -TART 1: Area A Completed Projects DUs 16 GRFA 20,000 Retail/ Commercial Square Foot On-Site Parking 20 Cascade Structure Parking O.DO j-~, ~ 14 17, 534 25 1 0.00 m ~ - a^ ;~ '.~ r uti+r k 3 6,450 7 s 1o,aso 19 0.00 55,457 I 0 00 ` 115 104 Seats 74 Seats 1, 250 2,49'1 8 15,670 900 - ~ Via` ~, ~_ 1,600 0.00 0 00 L' C~ 12 Ordinance No. 33. Series of 2005 • Retail/ Square On-Site Cascade Structure Aus DUs GRFA Commercial Foot Parking Parking Theater I ~ 4,220 I 28 College Classrooms I I 10.00 40 College Office ~ I ( I 10.00 4 Theater/Meeting Room 2J ~ I ~ ~ 1,367 10.00 I 11.5 4 $rc ~ ~~~ lei t T TERRACE WING Rooms I 120 I 58,069 0.00 105 I Retail I I 15,856 10.00 20 ~- ~~a ~a.~rA+~ c 3x~ ~,'. PLAZA 1 Rooms 12U 7,2D5 I 0.00 16 • Retail 1,099 0.00 4 .. i1 y yp ,t fir PLAZA II Conference v l I 10.00 Retail I I ~ 925 I 10.00 {`: ~ ~' CASCADE CLUB Retail I I 30o I 10.00 Bar & Restaurant I I 1252 I 0.00 Office in CMC I ~ I 1828 ~ 0.00 I I I I I I U 3.5 3 I Ordinance No. 33, Series of 2005 13 Wellness Center Office in Club LIFTSIDE (WATERFORD) Units Employee Units TOTALS Cascade Club Addition Wellness Center F'r, a O Tice" TOTALS 1288 AU "Plaza space has already been counted fora i office parking requuemenis *"For the purposes of calculating GRFA allowed for each enclosed parking space o.oo o.oo 7 1.4 z~r7 ~. '!y".~, 27 56 2 1,100 2 27 47,500 58 a ~~ o ~e . ~ ~ "v ..r• 8 ~ r~'~1 4, 500 22.5 _ ~ ~ ~t~ y.~, ,r~ t ~] n r-,~ .. { ~l l ~~ Y,, 1~ ~ ; r _~ a 4 ':~ 76 DU 239,660 24,598 129 (includes 2 EHUS) etail parking requirement The new parking requirem~=.nt is based on the difference between the retail and for the Cosgriff parcel (Millrace IV), no credits shall be given excep t for 300 s.f. to be 14 • Ordinance No. 33. Series of 2005 CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 rn Cascade Parking Structure Less 17.5% Mixed-Use Credit Total Required Parking at Build-Out of Area A in Cascade Structure Existing Parking in Cascade Structure Required Parking in Cascade Structure at Build-Out of Area A With 17.5% mixed-use credit Parking Spaces 461.9 -80.8 381.1 421.0 381.1 v Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. • 15 Ordinance No. 33, Series of 2005 U 3. Waterford, Sheet #2.1, dated 11-13-92, Plan LE;vel 38/43' 3", Gwathmey, Pratt, • Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, Plan LE;vel 48'-6"/53'-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12-14-92, Roof P{an All Levels Gwathmey, Pratt, Schultz. 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plaris Gwathmey, Pratt, Schultz. U 16 • Ordinance No. 33, Series of ?005 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28; 91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. • 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 35. Cosgriff Parcel; Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter JamarAssociates, Inc., revised 11/22/88. 39. Topographic Ivlap, Enter-Mountain Engineering, Ltd, 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. The Approved Development Plan for Area A, Westhaven Condominiums, containing the following Sheets: • Ordinance No. 33. Series of 2005 ~ 7 ~wg. # ~fitle Author (Date ~-1.0 1~itle Sheet orter Architects 03-15-OS ~-l.l Vicinity Map orter Architects 01-31-OS A-1.2 GRFA Summary orter Architects I O3-15-OS 4-1.3 Spring Equinox Sun Shading Morter Architects 01-31-OS A-1.4 Summer Solstice Sun Shading orter Architects 01-31-OS ~-I.5 Fall l;quinox Sun Shading orter Architects O1-3l-OS A-I.6 ' Winter Solstice Sun Shading Morter Architects 01-31-OS A-l.7 Site Plan Morter Architects 03-15-OS 001 Cover Shcct Ipine Engineering 03-14-OS 002 Gradin~~ flan (West Halt) (pine Engineering 03-14-OS 0003 Grading flan (East I {alb Ipine Engineering 03-14-OS 0004 Storm Drainage Plan Ipine Engineering 03-14-OS 0005 Grading and Drainage Details Ipine Engineering 03-14-OS 0006 Utility flan Alpine Engineering 03-14-OS 0007 Utility Details Alpine Engineering I 03-14-OS C008 Demolition Plan Alpine Engineering 03-14-OS L-1 Landscape Plan Dennis Anderson Assoc. 03-15-OS L, 2 _ Landscape Tian -Cascade Club Dennis Anderson Assoc. 03-15-OS A2.0 Parking I,cvcl Plan Morter Architects 03-15-OS A2.1 First l~,lc~e~r Plan Morter Architects 03-15-OS A2.2 Second I.evcl Plan orter Architects 03-15-OS A2.3 ~fhird Level Plan Morter Architects 03-15-OS A2.4 Fourth l.cvcl Plan Morter Architects 03-15-OS A2.5 Roof Plan i Morter Architects 03-15-OS _ ___ A3.1 iHuilding A Elevations Morter Architects 03-15-OS A3.2 13uildin<~~ 13 Ilevations Morter Architects 03-15-OS A4.0 E3uildin~~ Sections Morter Architects 02-14-OS A4.1 i(3uildin~~ Sections Morter Architects 02-14-OS A42 (Building Sections (Morter Architects I02-14-OS • • 18 . Ordinance No. 33. Series of 2005 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets: Conceptual Perspective from Westhaven Drive Conceptual Perspective from Westhaven Drive in photo View From Hotel Court Sheet A1.0 -Proposed Site Plan Sheet A1.1 -Sun/Shadow Plan Sheets A2.0 - A2.5 -Floor Plans East Elevation Plan North Elevation Pl~.~n South Elevation Plan Conceptual 3-D Model * A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. Area C, Glen Lyon Primary/secondary and Single Family Lots • 1. Building.Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Area D, Glen Lyon Cammercia;Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect tl~e integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. 19 Ordinance No. 33, Series vi 2005 Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet: as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Watertord building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Required setbacks shall be governed by Section 12-6D-7 of the IL_~ Primary/Secondary zone district of the Town of Vail Municipal Code. For single-family • Lots 39-1 and 39-2,~tevelopment shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At-grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (2) the distance between the building envelope and the property line, or may project not more than five feet (5') nor more than one-fourth (3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. 20 Ordinance No. 33, Series of 2005 Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a fiat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2 Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace f II: A maximum of 36 feet. 6. Millrace 1V: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single-Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or ,~ mansard roof. E. Area D. Glen Lyon Commercial Site 51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area • Ordinance No 33. Series of 2005 21 shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to 'the highest point of the roof. Development plan drawinns shall constitute the height allowances for Area D. Site Coverage Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in ,Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Gff-street parking shall be provided in accordance with Chapter 12-10, except that 75% of the required parking in Area A shad be located within a parking structure or buildings with the exception of fJlillrace IV, Scenario I, where Ordinance No 33, Series of 2005 22 . U 66.6% and the Westhaven Condominiums, where 71% of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, has been applied ~o the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 58 on-site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces availaLle to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: .~yll required parking for Cornerstone and Waterford shall be • located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 7. Seventy-five percent of the required parking shall ue located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace III. 8. All loading grid delivery shall be located within buildings or as approved in the d~jvelopment plan. B. Area B. Coldstre~+:~~~ Condominiums Fiffy percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscated berm. 23 Ordinance No. 33. Series of 2005 G C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. D. Area D, Glen Lyon Commercial Site 1. Once the parking structure is constructed, the parking and access to Area D shall be n;anaged per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 2. No loading or delivery of goods shall be allowed on the public right-of-way along tf"~e South Frontage Road adjacent to the Area D development. 3. The owner of the property and brewery ranagement shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading hat shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessod • The recreational amenities tax due for the development withL,~ ADD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction wish each construction phase prior to the issuance of building permits. Conservation rrr7d Pollution Controls A. The develo;,er's drainage plan shall include a pravisi~n fir prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general techno{ogy exists at the: time of construction. C. The number of fireplaces permitted shall be as sea forth in the Town of Vail 24 . Ordinance No 33, Series of 2005 Municipal as amended. _ D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overtlow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area G, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Conc~olidated Sanitation District ma f iM~cnitor BOG ;:.rength. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. • J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in ;^,r~as A and D. K. The tv~o employee dv~elling units in Area C' shall only be allo~::::.;' is have gas fireplaces that meet tl ~e Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development District I'Jo. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the develof~rnent to the Village Core area and Licn~f-,sad area us outlined in the appro~cd develoj3'ment plan. B. Area A, Cascade Village 1. The developer of the Westhaven Condon,~iniun~s building shall construct • 25 Ordinance No 33, Series of 2005 ~., a sidewalk the begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park, as indicated on il~e approved development plans referenced in this ordinance. The walk shall be constructed when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The deve~~per shall provide 100-year fl~~u'plcin information for the area adjacent to tho Waterford and Cornerstone builc;i,~~~ to l..e Tc~.~n cf Vail Community Development D~:partment before b~,~ilding pen~nits sre released for either project. 3. Cornerstone The development plan for this area has expired. :. - ~ Ordinance t'o. 8, Series of 1998 fcr previous requirements. C. Area~D, Glen Lyon Commcr;;ial Site. • The development Man for tf~is orea has expired. ~~~: C,dinanc~ ldo. 8, Series of 1998 for previnu;; requii ements. Employee Housing The developrnr-~t cf SDD No. 4 will have i,~~pacts cn ~:vai!-','~ ~,,,~! .,-~0 1„using within the Upper Eraglr; Valley areU. In u,der to help meet this a..'~.i~,ional employee housing need, the developer(s) of Areas A and D shall provide en~iployee housing. In Area D, the above referenced employoe housing requirement clr~ll Ue provided on site. For the Westhaven Condominiums ;rite, the trnployee hcusin~ requ~rcr~,ent shall ~e met as set forth in Condition 3 t,crein. Tlie d~vcloper(s) of Area A shall build a minimum of 3 employee dwelling ur~ts within the Cornerstone Building and 2 vrithin the Liftside (Waterford Building). E~~ch employee unit in the Cornerstone Building shall have a Ordinance No. 33, Series of 2005 26 • • minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum o; 300 square feet and the other a minimum of 800 square feet. The developer of the V'Jesthaven Condominuims building shall provide 4,400 square feet o. employee housing pursuant to the terms of an agreement reached with the Town of Vail as described in Condition 3. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Arca D one employee dwelling unit shat! have a minimur~i GRFA of i95 square feet ~.~,J t'~~c: sec:~nd employee dwelling unit shall have a minimum GRFA cf 000 square feet. Th;. ' ~=:FP. and ,~ur-,ber of employee units shall not be countc~~i tovrard allowable do •,i'.y cr GR;-,'~, f,~r SDD No. 4. Aii Empluyee Housing Uniis shall tJe deed restricted per ::;~~-.;_t~r 12.1, ~a~ amended, of the Vail iv^unicipal Code prior to issuance of buildir~d per~,~its ..r t', ~e r~.:;~:.c,tive project. In Area C, Lols 39-1 and 39-2, shut( be required to ,prc. i _;e ~ T.•;~;.~ It, Er~;.loyee Housing Unit (EHU) per Chapter 12-13 of thy- Zoning Regul;~tio,,~s of at I~~~st 030 ~.~1. ft. each, on • each lot. Those lots shall not be enticed to the 300 ~c. (t. ~( a~'diticra! G';rA. The 500 sq. ft. shall be included in the allo~:~aulo GRFA on ih~~~ !.:.; ach I: t sl ~ ..I also be entitled to 30C sq. ft. of garage area i;redit for the c~~~plc ~, '~~~uring u~~il, ~~n addition to the 600 sq. ft. garage ar~ra credit alloy°~ed per resic'cr.:;e. ~ ~~~ ~'ri~~evru j v.,_;th of 12 is allowed to remain (nc incroase in clrivewaywidti, i_ ,c.;~u~~ ~d; ; :r .II UII;,~~,~_u/required dwelling units and employee housing units on these lots. Time Re.~;:~irem;.nts SDD No. ~; st~sll be governed by tt~e proceuures ou.i, ~;. _1 ~, ~ ';c;.ti .~ , ' 2-~.. of the Town of Vail Municipal Cod~~_, unless su:,h tii ~,~e requircn-~~ ~-~~~ i:: ~~ ~ :~ ~~eJ hursi~ Section 5. If any part, section, subsection, scntence, clause or f;i~iar ~ ..; ',: ~ ; c, nc~ i~ ; ~r any reason held to be invalid, such decision shall not affect the vaLu'ity cf tt~e remaining portions of this • 27 Ordinance No 33, Series of ?005 ordinance; and the Town Council hereby declares it would have f~a~ ~ ~d this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, r; Oardless of the fact that any one or more parts, sections, subsections, sentences, clue, yes or phrases be declared invalid. Section 6. The repeal or the repeal and re-enactment of any provisions or thy: '~.%ail Municipal Code as provided in this ordinance shall not affect any right which has ac~;r~,,ed, any duty i~~nposed, any violation that occurred prior to the effective date hereof, an;. pro. c ':cn comm..;~iced, nor any other action or proceeding as commenced under or by ~~~r'.~_,c c. C ~e ; ~~.~ision r: ~.:,aled or repealed and reenacted. The repeal of any provision hereh~- shall r~c' revive u„ ;-rovision or any ordinance previously repealed or superseded unless expressly dated herein. Section 7. All bylaws, orders, res~~lutions and ordinances, or parts ther~c,f, i, ~ . r„istent her ~~.vith are hereby repealed to thou extent only of such i~ consistency. TI.e r r . ,!er sha(I nct '~e construed ~• to revise any bylaw, crder, resolution cr ordinance, or p:~,; ,~~~rc. ~, ~ ,~ctof;;re r~ , paled. • INTRODUCED, READ, AFPRO~,'`D, Ai JD Or'r`~i-'L=J ~U~' ISHCD L~! . ;E IN FULL ON FIRST READING this 20'h day of Deccn~ber, 2005, anJ ~3 p;,,blic l.:arin~ fcr econd reading of this Ordinance set for the 3rd day of January, 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Radr~e/ r Slifer, M~: ~r ATTEST: Lorelei Donaldson, Town Clerk Ordinance No 33, Series of 2005 28 • INTRODUCED, READ, ADOPTED AND ENACTED OfJ S~~.;OND READfNG AND ORDERED PUBLISHED IN FULL this 3~d day of January 3, 2006. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk • v 0 • 29 Ordinance No. 33, Series of 2005 • Please note: The applicant for Item #4, Fogata, has requested a tabling to the October 8, 2007, PEC meeting; no memo has been included in your packet. This application proposes to shift the South Frontage Road right-of--way to the north in order to remove this physical boundary to the development of a contiguous site. The proposed preliminary plan further more ties the two (2) new lots together as a single development site with development potential being shared across the proposed lot line for zoning review purposes. A vicinity map of the development site and surrounding area has been attached for reference. (Attachment A). A copy of the proposed preliminary plan (Attachment B) and a document entitled Preliminary Plan Reauest to Facilitate the Redevelopment of West Lionshead dated revised September 17, 2007, describing the request in greater detail from the applicant (Attachment C) are attached for reference. III. BACKGROUND The Vail Resorts Maintenance Shop was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. The Holy Cross Lot, Vail Professional Building, Cascade Crossing, and former gas station sites where annexed into the Town of Vail by Ordinance No. 26, Series of 1975, which became effective on December 16, 1975. On December 11, 2006, the Planning and Environmental Commission forwarded a recommendation of approval for amendments to the Lionshead Redevelopment Master .Plan to include the Vail Professional Building and Cascade Crossing parcels within the Master Plan boundaries and to amend the recommendations for the area . known as "West Lionshead". On February 6, 2007, the Vaii Town Council adopted Resolution No. 4, Series of 2007, which implemented the changes to the Lionshead Redevelopment Master Plan regarding West Lionshead and the area now called Ever Vail. IV. ROLES OF REVIEWING BOARDS Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for final approval, approval with conditions, or deniaN of a preliminary plan for a major subdivision. Specifically the the code states in Section 13-3-4, Commission Review of Application; Criteria: The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this Chapter, the Zoning Ordinance and other pertinent regulations that the Planning and Environmental Commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 73-3-3C above. The Planning and Environmental Commission shall review the application and consider its appropriateness in regard to Town policies relating to subdivision control, densities proposed, regulations, ordinances and resolutions and other applicable documents, environmenta! integrity and compatibility with the surrounding land uses and other applicable documents, effects on the aesthetics of the Town. " • Design Review Board: Action: The Design Review Board has NO review authority on a major subdivision, but must review any accompanying Design Review Board application. Town Council: The Town Council is the final decision making authority for a major subdivision and the adoption of easements between a private property owner and the Town. Final actions of Design Review Board or Planning and Environmental Commission maybe 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 • Town of Vail Zoning Code: Title 13: Subdivision Regulations (partial) 13-2-2 Definitions PRELIMINARY PLAN: The preliminary drawings described in these regulations indicating the proposed manner or layout of the subdivision to be submitted to the planning and environmental commission for approval. SUBDIVISION OR SUBDIVIDED LAND: A. Meaning: 1. A tract of land which is divided into two (2) or more lots, tracts, parcels, sites, separate interests (including leasehold interests), interests in common, or other division for the purpose, whether immediate or future, of transfer of ownership, or for building or other development, or for street use by reference to such subdivision or recorded plat thereof; or 2. A tract of land including land to be used for condominiums, timeshare units, or fractional fee club units; or 3. A house, condominium, apartment or other dwelling unit which is divided • into two (2) or more separate interests through division of the fee or title thereto, _ whether by conveyance, license, lease, contract for sale or any other • method of disposition. B. Exceptions: Unless the method of land disposition is adopted for the purpose of evading this definition, the term "subdivision" as defined herein shall not apply to any of the following divisions of land or interests in land: 1. The division of land by order of any court in this state or by operation of law. 2. The division of land by a lien, mortgage, deed of trusf or any other security instrument. 3. The division of land by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity. 4. The division of land which creates an interest or interests in oil, gas or minerals which are. now or hereafter severed from the surface ownership of real property. 5. The division of land by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common and any such interest shall be deemed for purposes of this definition as only one interest; provided, however, that no agreement exists, either recorded or unrecorded, between the cotenants allowing for the use and . occupancy of the property by one or more cotenants to the exclusion of one or more cotenants during any period, whether annually recurring or not if such agreement is in any way binding or effective upon any assignee or future owner of a fractional fee interest or if such agreement continues to be in any way binding or effective upon any cotenant for the sale of any interest in the property. 6. The division of land by reason of the dissolution of a joint venture or other business entity. C. Compliance: No subdivision shall be approved which includes elements not in conformance with the provisions of any applicable zoning ordinance or other ordinance of the town or law or regulations of the state. D. Major Subdivision: Any subdivision involving more than four (4) lots, or a subdivision proposal without all lots having frontage on a public or approved street, or with a request to extend municipal facilities in a significant manner, or a proposal which would negatively affect the natural environment as determined under section 12-12-2, "Applicability" of this code, or if the proposal would adversely affect the development of the remainder of the parcel or the adjacent property. • 4 13-3 Major Subdivisions (in part) 13-3-3, Preliminary Plan A. Preliminary Presentation To Planning And Environmental Commission: Consideration of a major subdivision proposal shaA be formally considered with a preliminary plan presentation by the subdivider and/or his/her representative(s) to the planning and environmental commission at a regularly scheduled meeting. This preliminary presentation shall be a public hearing according to section 12-3-6 of this code. The presentation shall reflect the proposed development for an entire same ownership and shall indicate all adjacent lands owned or under option to the subdivider at the time of subdivision. B. Submittal Requirements: At least thirty (30) days prior to the preliminary plan presentation to the planning and environmental commission, the subdivider shall submit at a scale of one inch equals one hundred feet (1" = 100') or larger, twelve (12) copies of each of the following (exceptions can be granted on individual items by the director of public works or the administrator) to the department of community development: 1. The environmental impact report required. 2. A topographic survey with a north arrow, graphic scale, dimensioned to nearest foot prepared by a Colorado registered land surveyor, shall be submitted including the following information: • a. Boundary lines. b. Preliminary proposed lots and blocks with numbers and sizes. c. Easements: location, width and purpose. d. Proposed streets, their widths of right of way and pavement, approximate grades in percentage and center line radii of curves; areas with cuts and fills exceeding six feet (6') and extent thereof. e. Utilities on and adjacent to the tract, including their type, location, size and invert elevations of sanitary sewers, storm drainage facilities and water mains. If utilities are not found on the tract, distance to, direction of, and size and elevations of the nearest utilities should be indicated. f. Contour intervals of no less than two feet (2') if the site is two (2) acres or less; contour intervals of five feet (5') or less if the tract is more than two (2) acres, elevations to be based on USGS datum. g. Drainage conditions on and adjacent to the tract including location and extent of watercourses, areas of 100-year fioodplain (verified by a registered professional engineer in state of Colorado), perpetual drainage easements and location of natural springs and ground water. • h. Existing conditions on adjacent land: The area within two hundred • feet (200') from each subdivision boundary should be included in the preliminary plan to show its land slope percentage, zoning, location of physical improvements and land uses, owners of said property, division of property into lots or tracts including subdivision names and any significant natural features. The objective of showing how the preliminary plan interfaces with all adjoining properties and uses thereof should be met. i. Existing zoning. j. All areas of forty percent (40%) slope or greater, and avalanche areas indicated as shaded areas. k. Letters from all applicable utility agencies verifying service. I. Indications showing that access to the subdivision is via a maintained public road. m. Soil stability analysis. C. Agencies Review: 1. The administrator shall inform any of the following agencies that copies of the preliminary plan are available for review and comment. Notification shall be mailed at least fifteen (15) days prior to the date set by the planning and environmental commission for public hearing: • a. Department of public works. b. Town fire department. c. Town police department. d. Public Service Company of Colorado. e. Holy Cross Electric Association. f. U.S. West. g. Cablevision company serving the area. h. National forest service. i. Eagle River water and sanitation district. j. Vail recreation district. k. Eagle County ambulance district. I. Other interested agencies when applicable. 2. Such agencies shall be required to make recommendations and comments within fifteen (15) days from the date of receipt of notification • that the preliminary plan is available for review. Failure to make • recommendations and/or comments within the prescribed fifteen (15) day period shall be deemed approval of the preliminary plan. Lionshead Redevelopment Master Plan (in part) Chapter 2 -Introduction (in part) 2.3 Policy Objectives The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. • 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds") through new lodging products. Live beds and warm beds are best described as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock-off units), or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shall be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffrc must be improved within and through Lionshead. • 7 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation • systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to 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 capital may be raised from all possible sources to fund desired private and public improvements. Chapter 4 -Recommendations -Overall study Area (in part) 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, and Cascade Crossing. This area of Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should reasonably increase the square • footage of existing office and have "no net loss" of 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 west withh improved pedestrian connections, new retail and office activity and other improvements. While lift access will certainly energize this area during the winter months, attention should be given to creating ayear-round attraction within this area of Lionshead (see detailed plan recommendations in Chapter 5) The master plan recommends that this 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 residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus 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. Consideration should be given to integrating employee housing into the redevelopment: of West Lionshead in accordance with the 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 creates a catalyst for • an structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on-site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard could be reduced in size, as some functions can be moved to less central locations. It 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 redevelopment 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. Chapter 5 -Detailed Plan Recommendations (in part) 5.17 West Day Lot/ Vail Associates Service Yard/ Holy Cross Site/ Gas Station Site/ Vail Professional Building/ Cascade Crossing Planning for the western end of Lionshead must consider two different scenarios: the realignment of South Frontage Road and its retention in the existing alignment. 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 an increase of existing office square footage and "no net loss" of retail square footage as a result of the redevelopment of these parcels. Higher densities and building heights may be appropriate in this area, particularly to encourage the development of employee housing. However, any development must meet the overall character and visual intent of the master plan and be compatible with the adjacent existing development of the Marriott and the Vail Spa. 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 strong pedestrian connection with 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 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 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 pedestrian traffic and activity. However, consideration should 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 example, quality • architecture and the creation of appealing outdoor spaces in and of itself wil! encourage people to visit this area. This could be reinforced by awell-crafted program of specialty retailers, offices, and restaurants. An active program of public art, residential units that 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 activity. In conjunction with any application to development a new ski lift, aretail/commercial market study which analyzes the area for the appropriate amount of square footage of retaiUcommercial that should be included 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 allowances of these zone districts, building height and massing shall be responsive to the Gore Creek corridor, the Interstate, and how building massing transitions at the western end of Lionshead. Buildings at the westernmost end of West Lionshead shall gradually "step down" from the maximum allowable height limits of the Lionshead Mixed Use zone districts. Figure 5-25 provides a general depiction of how building height shall gradually lower at the western end of this study area. The intent of these height standards is that building height reduces by entire floor levels in the locations as generally depicted on Figure 5-25. Notwithstanding 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 taller building mass. On the Interstate side of this area building design shall be articulated to avoid large expanses of shear/unbroken wall planes. a. Retention of Existing Frontage Road Alignment If the Frontage Road remains in its current location the Maintenance Yard/Holy Cross parcels, the Vail 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 feasible, the old gas station site 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 to create a strong connection befinreen 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. It is assumed that these parcels would be re-zoned to Lionshead Mixed Use I. 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 asset or amenity of this redevelopment area. • io b. Frontaae Road Realianment behind the Maintenance Yard and Holv Cross site The greatest benefit of this realignment 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. )t also creates the best pedestrian environment in creating an extension of the Lionshead Retail area in that it provides the potential to establish a convenient and desirable pedestrian connection to the rest of Lionshead. With this alternative 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 gas station site would not 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 accessible to the community and an aesthetically pleasing water feature. One possibility may be to pond the creek just south of the I-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 modification or enhancement to the creek corridor would be subject to U.S. Army Corp of Engineers approval. A strong east-west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. Yail Land Use Plan (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 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. 11 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. 1.5 Commercial strip development of the Valley should be avoided. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if: a) Community objectives are met as articulated in the Comprehensive Plan. b) The parcel is adjacent to the Town boundaries, with good access. c) The affected neighborhood can be involved in the decision-making process. 2. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. • Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more 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 options to improve year-round tourism. 2.5 The community should improve non-skier recreational options to improve year-round tourism. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 2.8 Day skier needs for parking and access should be accommodated through creative solutions such as: a) Increase busing from out of town. • 12 • b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. 3. Commercial 3.2 The Village and Lionshead areas the best location for hotels to serve the future needs of destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More night-time businesses, on-going events and sanctioned "street happenings" should be encouraged. 4. Village Core /Lionshead 4.1 Future commercial development should continue to occur primarily in • existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 5. Residential 5.1 Additional. residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. • 6. Community Services 6.1 Services should keep pace with increased growth. 13 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. VI. SUROUNDING LAND USES AND ZONING Land Use North: Interstate 70 East: Mixed-use West: Mixed-use South: Open Space VII. SITE ANALYSIS Zonina No zoning Lionshead Mixed Use 1 SDD No. 4, Cascade Village Natural Area Preservation Proposed Lot 1, Ever Vail Preliminary Plan Comprised of the Vail Resorts Maintenance Yard, Holy Cross Lot, former gas station sites, and a portion of the South Frontage Road right-of-way Current Zoning of Parcels: Lionshead Mixed Use-2 District and unzoned Land Use Plan Designation: Lionshead Redevelopment Master Plan Current Land Use: Industrial Development Standard Allowed Prooosed Lot Area: 10,000 sq. ft. 330,402 sq. ft. Dimension: ~ 80'X80' min. exceeds 320'X320' Frontage: 30' min. Approximately 800 feet along the realigned South Frontage Road and 500 feet along the realigned West Forest Road Access: Access to the site will be via the South Frontage Road and West Forest Road. Proposed Lot 2, Ever Vail Preliminary Plan Comprised of the Vail Professional Building and Cascade Crossing sites, and a portion of the South Frontage road right-of-way. Zoning: Arterial Business District Land Use Plan Designation: Community Office Current Land Use: Retail/Commercial and office Development Standard Lot Area: Dimension: Allowed 10,000 sq. ft. 80'X80' min. Proposed 156,162.6 sq. ft. exceeds 220'X 220' • • 14 • Frontage: 30' min. Approximately 900 feet along the realigned South Frontage Road Access: Access to the site will be via the South Frontage Road. VIII. APPLICATION CRITERIA AND FINDINGS Before recommending approval, approval with conditions or disapproval of the preliminary plan, the planning and environmental commission shall consider the following criteria with respect to the proposed subdivision: 1. The extent fo which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff Response: The redevelopment of the properties incorporating the Ever Vail project began in early 2006, with the start of public meetings and hearings to discuss incorporation of several parcels into the Lionshead Redevelopment Master Plan and amendments to the Master Plan for the area known as "West Lionshead". !n early 2007, Town Council adopted, through resolution, the amendments to the Master Plan that evolved over a year of public process. The proposed Ever Vail Preliminary Plan is one of the steps in effecting the • change in Ever Vail that was anticipated through the adoption of the changes to the Master Plan. Staff has reviewed the proposed preliminary plan and found it to be in compliance with the multiple elements of the Vail Comprehensive Plan. Within Section V of this memorandum staff provided the Policies and Goals identified in both the Lionshead Redevelopment Master Plan and the Vail Land Use Plan which apply to this request. The proposed preliminary plan will be the basis for creating the foundation from which many of the policies and goals of the Vail Comprehensive Plan can be achieved. From the relocation of the South Frontage Road, redevelopment and improvement of the Vail Resorts service yards, to the enhancement of the Red Sandstone Creek, and to the incorporation of a new mixed-use portal to access the mountain, the proposed preliminary plan will allow these and other elements to be achieved. Moving forward through the redevelopment process, staff believes that the incorporation of the Red Sandstone Creek, through the establishment of a stream tract, should be achieved. This addition to the existing stream tract system the Town currently has will address Goals 1.2 and 1.13 of the Vail Land use Plan. Staff believes that this can be accomplished in a manner that will not negatively affect the development potential of the proposed redevelopment in terms of the maximum and minimum standards required by the Vail Town Code. Staff believes the proposed preliminary plan complies with this criterion. • 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited fo, fide 12, "Zoning Regulations", of this code, 15 and other pertinent regulations that the planning and environmental commission • deems applicable; and Staff Response: The Town Staff, especially the Planning and Public Works Departments have been working extensively on the proposed Ever Vail Preliminary Plan. Staff has ensured that the requirements of Chapter 13•-3, Major Subdivisions, Vail Town Code, have been adhered to. Staff has been working diligently with the applicant on several issues, the largest being the plans for the relocation of the South Frontage Road to the north to parallel the interstate and the generation of traffic reports which attempt to anticipate the traffic generation of the proposed uses within Ever Vail. Staff believes the proposed preliminary plan depicts a layout of new rights-of-way for the South Frontage road and West Forest Road. Staff further believes that the proposed roundabout located at the eastern edge of proposed Lot 1 is adequate to handle the anticipated traffic generated by current uses in the Town and those proposed within Ever Vail. However, as the project moves forward the Federal Highway Administration (FHWA) and Colorado Department of Transportation (CDOT) will be reviewing the plans proposed for the relocation of the South Frontage road and the roundabout and may require changes to be made to the design. Furthermore, the traffic studies analyzing the current traffic impacts and future impacts of Ever Vail with regard to the design of the South Frontage road and the roundabout continue to proceed as the project evolves. The outcome of the FHWA and CDOT review and the continued traffic analysis may result in changes to the South Frontage Road and the proposed • roundabout. Staff does believe the currently proposed Ever Vail Preliminary Plan is achievable, with exception to the items listed above. Staff believes the proposed preliminary plan complies with this criterion. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff Response: The proposed preliminary plan is the first step ire the adoption of a final plat for the subdivision that would become known as Ever Vail. From the development and review of the amendments to the Lionshead Redevelopment Master Plan and the review of the proposed preliminary plan staff believes that the proposed subdivision will result in a harmonious, convenient, and workable relationship among adjacent land uses. The proposed redevelopment of the area known as Ever Vail will take into account the challenges of locating adjacent to a water and sewage treatment facility. Staff believes the proposed preliminary plan complies with this criterion. 4. The extent of the effects on the future development of the surrounding area; and Staff Response: They redevelopment of the area know as Ever Vail will be of a large scale and will • have significant effects on the area. However, this development is located on the 16 western edge of the developed Lionshead Core which contains multiple projects of a large scale and to the east of the proposed project is a large distance of no development until the eastern edge of the Cascade Village development. Staff believes that the effects of the proposed Ever Vail Redevelopment will be positive to the surrounding areas as it will be a continuation of Lionshead and will provide a great deal of mixed-uses which will serve the new portal created in Ever Vail and the larger Lionshead area. Staff believes the proposed preliminary plan 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 Staff Response: The proposed preliminary plan will result in the planned subdivision of land to accomplish multiple goals found within the Vail Comprehensive Plan. The incorporation of the properties found within Ever Vail into the Lionshead Redevelopment Master Plan will result in planned redevelopment with the ability to anticipate impacts. The proposed preliminary plan will not result in a in a "leapfrog" pattern or spatial patterns that cause inefficiencies. Staff believes the proposed preliminary plan complies with this 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 undersized lines; and Staff Response: Per the requirements of the 13-3-3C, Preliminary Plan, Vail Town Code, staff sent a cover letter and attached plans for the proposed Ever Vail Preliminary Plan to all the reviewing agencies identified within the Code. It has be more than 15 days since that letter was sent and per the Code, the agencies have 15 days to make recommendations or comment. No contact from these agencies was received and therefore per the requirements of Section 13-3-3C(2), Preliminary Plan, Vail Town Code, the Preliminary Plan is deemed approved. There will undoubtedly need to be relocation of utility and service lines for most if not all of the utilities. in fact most services will need to be upgraded and resized to accommodate the growth proposed within Ever Vail. Staff has been working closely with several of the utility companies throughout the adoption of the amendments to the Lionshead Redevelopment Master Plan and through this process and the availability of services does not appear to be of concern for the utility companies. Staff believes the proposed preliminary plan complies with this criterion. 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 17 StafF Response: • The proposed preliminary plan will result in the growth of an order{y viable community that serves the best interests of the community as it will accomplish multiple goals found within the Vail Comprehensive Plan, which are listed in Section V of this memorandum. The incorporation of the properties found within Ever Vail into the Lionshead Redevelopment Master Plan will result in planned redevelopment with the ability to anticipate impacts and serve the interests of the community. Staff believes the proposed preliminary plan complies with this criterion. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water qualify, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff Response: The proposed Ever Vail Preliminary Plan and the possible redevelopment of the area will result in improvement and protection for Red Sandstone Creek and the incorporation of green building techniques within the project. The possible redevelopment is proposed to incorporate LEED design standards and other green building techniques. 9. Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision. • 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 A of Phis section. 2. That the subdivision is consistent with the adapted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 3. That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 4. That the subdivision promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves with conditions the preliminary plan for the Ever Vail Subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, • to allow for the creation of two new lots for the redevelopment of the properties is • known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this preliminary plan, the Community Development Department recommends the Commission pass the following motion: The Planning and Environmental Commission approves with conditions the preliminary plan for the Ever Vail Subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two new lots for the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unp/atted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve this preliminary plan, the Community Development Department recommends the Commission make the following findings: Pursuant to Section 13-3-4, Commission Review of Application: Criteria, Vail Town Code, the applicant has proven by a preponderance of the evidence before • the Planning and Environmental Commission that the subdivision is in compliance with the criteria listed in Subsection A of this section; 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; that the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 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. Should the Planning and Environmental Commission choose to approve this preliminary plan, the Community Development Department recommends the Commission apply the following conditions: 1. That the applicant cannot proceed forward with the review and approval of a final plat for Ever Vail until such time as the Federal Highway Administration, the Colorado Department of Transportation, and the Town of Vail has approved the relocation and design of the South Frontage Road, West Forest Road, and the location of the proposed roundabout. 2. That the applicant shall provide adequate Right of Way for the construction of a two lane roundabout if the single lane roundabout does not provide sufficient excess capacity for the long term future. The current preliminary analysis • indicates the need for a single lane roundabout, however it would not be prudent to eliminate the ability to increase the size of the roundabout in the future by 19 confining it by private property/buildings. Based on current trends and similar • designs the needed excess capacity may be between 30%-50%, this shall be further analyzed and reviewed within the final Traffic Report. Any necessary changes to the roundabout design based on the final approved Traffic Impact Report shall be shown on the plans submitted for review and approval in conjunction with the Ever Vail Final Plat. 3. That the applicant establishes a stream tract for the Red Sandstone Creek and provides this tract to the Town of Vail for inclusion into the stream tract system. The stream tract shall be depicted upon the plans submitted for review and approval of the Ever Vail Final Plat. X. ATTACHMENTS A. Vicinity Map B. Copy of the proposed preliminary plan C. Copy of a applicant's document entitled Preliminary Plan Reauest to Facilitate the Redevelopment of West Lionshead dated revised September 17, 2007 D. 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L C` Preliminary Plan Request to Facilitate the Redevelopment of West Lionshead Applicant: Vail Resorts Submitted on March 26, 2007 REVISED September 17, 2007 • Submitted by: 1~i~:~~ Mauriepo Planning tiroup Attachment C Table of Contents Table of Contents ............................................................................... 2 Directory ............................................................................................... 3 Introduction of the Request .............................................................. 4 Review Criteria for a Preliminary Plan for Subdivision ................... 6 Adjacent Addresses ......................................................................... 16 ~~ :7 2 • Directory Thomas Miller Project Manager Vail Resorts Development Company 137 Benchmark Road Avon, CO 81620 (o) 970-754-2544 (f) 970-754-2555 Tmillerl @vailresorts.com Mauriello Planning Group PO Box 1 127 Avon, CO 81620 970.748.0920 (ph) 970.748.0377 (f) Dominic@mpgvail.com Sam Ecker Gore Range Surveying, LLC PO Box 15 • 5129 Longsun Lane Avon, CO 81620 (970) 479-8698 (970) 479-0055 (fax) sam@gorerange.net CALLISON 1420 Fifth Avenue #2400 Seattle, WA 98101-2343 Ph. (206) 623 4646 F. (206) 623 4625 Alpine Engineering, Inc. P.O. Box 97 Edwards, CO 81632 Ph. (970) 926-3373 F. (970) 926-3390 C 3 • Introduction of the Request We are submitting a request for a preliminary review of a major subdivision to facilitate the redevelopment of West Lionshead, into a mixed use hub with the new name of Ever Vail to create new development parcels and relocating S. Frontage Road. The major subdivision will include a substantial portion of the West Lionshead area, including the sites of the Vail Professional Building, Cascade Crossing, the Vail BP, and the Holy Cross lot, along with the Frontage Road right-of-way. Some of these properties are currently unplatted. We will be proposing a new subdivision, titled Ever Vail Subdivision. The site is currently occupied by Vail Mountain's vehicle maintenance shop yard and warehouse, a retail and office complex and a gas station. The new resort village plans call for approximately150-250 whole ownership condominium units, approximately 75-125 fractional ownership condominium units, an approximately 100,000-square-foot-room hotel, 100,000-150,000 square feet of commercial retail, office, and restaurant space and an approximately 100,000-square-foot mountain operations facility. The project will also include a gondola to serve as the fifth base portal to Vail Mountain, and a new public parking structure. • It is important to consider this as one of the first steps for the overall redevelopment of the Ever Vail area. Ever Vail is envisioned to become a mixed-use hub, including office, retail, and housing. The area will include employee housing to serve the new uses in the area. The Frontage Road will be re-aligned, locating the road adjacent to I-70, as it is in many parts of Town. Ever Vail will become more of a village, like Vail Village or Lionshead, and not be bisected by a major vehicular thoroughfare. We are working closely with CDOT in this process, and CDOT is supportive of the road realignment. n U 4 r~ L • Review Criteria for a Preliminary Plan for Subdivision 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopfed goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Our Analysis: To be the Premier Mountain Resort Community... We share this vision wits ~ the Town of Vail. It is our intent to further this vision through the addition of world-class facilities in West Lionshead, in anew mixed use village, called Ever Vail. This subdivision will enable the redevelopment of Ever Vail. This vision is further supported by stated development objectives of the Town of Vail. The purpose statement of the Lionshead Mixed Use-2 Zone District states: The Lionshead mixed use 2 district is intended to provide sites for a • mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives . for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan 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 6 redevelopment projects. Public amenities which will be evaluated • with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. The Lionshead Redevelopment Master Plan provides the framework for the Town of Vail to review this major subdivision application to facilitate the redevelopment of West Lionshead. The Lionshead Redevelopment Master Plan, originally adopted in December of 1998, describes the Town's intent in the adoption of the Master Plan: 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. Vifalify and Amenifies 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. 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. Recent amendments to the Lionshead Master Plan, provide additional direction regarding the West Lionshead Area and more specifically deal with the possibility of an additional portal onto the ski mountain: With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this port 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 west with improved pedestrian connections, new retail and • office activity and other improvements. While lift access will 7 certainly energize this area during the winter months, attention . should be given to creating ayear-round attraction within this area of Lionshead (see detailed plan recommendations in Chapter 5J. The master plan recommends that this hub become aresidential/ mixed use area with an emphasis on meeting the needs of both the local community and our guests. Appropriate uses could include high density residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit functions and a ski tiff connection to Vail Mountain. The catalyst for this mixed use hub is ski tiff access to Vail Mountain. Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with the Town's employee housing policies and regulations. To the extent possible development pafferns 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 liff access in this location creates a catalyst for a structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on-site. • 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 redevelopment without the realignment of the Frontage Road white Figure 4-9a depicts redevelopment with a partial realignment of the Frontage Road. Potential Realignment The concept of realigning the South Frontage Road at the western end of the study area grew out of public discussions about land development and traffic flow in West Lionshead. Relative to traffic flow, realignment will remove the conflict that now exists between through-traffic and mountain service vehicles (snow-cats and snowmobiles) entering and exiting the Vail Associates service yard. Realignment will position the road to the north of most new development, thus reducing the potential for conflicting turning . movements. 8 Regarding future land use, the realignment of South Frontage Road will allow the west day lot and the service yard to be combined into a contiguous development parcel. This is an important consideration for the development conceptually depicted in figure 4-9a, and it would be necessary if the service yard property is used for a secondary public parking facility or other uses. Any existing parking 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 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 figure 4-9a. Critical design issues include the width of the road and the radius of the curves. Both of these factors will be important in reducing the speed of vehicles entering the Lionshead area and the amount of land consumed by the two curved road sections. Cooperation . between property owners, developers, the Town of Vail, and the Colorado Department of Transportation will be necessary to implement the realignment of the Frontage Road. b. West Lionshead Circle Connection It is proposed fhat Wesf Lionshead Circle connect back to the frontage road at the west side of the Vail Spa. The alignment depicted in figure 4-9a 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 southeast corner of this intersection. c. Forest Road Connection Forest Road could be realigned to cross through the newly created develcpment 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 9 is necessary to provide athrough-transit route to the west • end of Lionshead and also keeps in place the existing utility corridor. e. Feasibility of Realignment The ability to realign the frontage road will be heavily influenced by costs, CDOT (Colorado Department of Transportation), and the Federal highway administration. Future west Lionshead developments will require significant upgrades and widening of South Frontage Road, potentially including the widening or reconstruction of the bridge over Red Sandstone Creek. The cost of realigning the frontage road is in addition to the mandatory costs of improving the road. f. Future Frontage Road Re-alignment The opportunity may exist to re-locate the Frontage Road the full -ength of the West Lionshead planning 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 would require coordination with other surrounding land owners, it could warrant further study and evaluation in the future. • The preliminary plat approval of this major subdivision allows Vail Resorts to move forward in the development of the Ever Vail into the mixed-hub desired by the Town of Vail and described by the Lionshead Redevelopment Master Plan. We envision this as step one in working with the Town of Vail to further its development objectives in West Lionshead. 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", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and Our Analysis: The proposed subdivision complies with all of the Town's codes. Each parcel created by this subdivision meets the minimum lot area requirements of 10,000 sq. ft. This plat is being submitted in conjunction with a rezoning request so that the entirety of Parcels 1 and 2 will be zoned Lionshead Mixed Use-2. 10 Parcel 1: Parcel 1 is the eastern portion of the Ever Vail site, encompassing the parcels currently platted as Tracts A and B, South Frontage Road Subdivision (which is to be vacated by the proposed Ever Vail plat). It also encompasses the current portion of the Frontage Road right-of- way along this portion. It is 7.585 acres (330,403 sq. ft.). Approximately 7.70 of Parcel 1 consists of slopes in excess of 40% (25,374 sq. ft.) and 15,182 sq. ft. are with in the floodplain. Subtracting the total area of the site with slopes in excess of 40~o minus the areas in the floodplain (excluding the areas which overlap) from the total site area leaves a 6.72 acres or 292,835 sq. ft of buildable area. Parcel 2: Parcel 2 is the western portion of the Ever Vaii site, just to the West of Red Sandstone Creek, and is the current location of the Vail Professional Building and Cascade Crossing (zoned ABD), along with the portions of the existing Frontage Road along this site. Parcel 2 is 3.585 acres (156,163 sq. ft.) with 7,238 sq. ft. with excess of 40% slopes and 9,884 sq. ft. in the floodplain. This equates to a total of 3.21 acres or 139,920 sq. ft. of buildable area. . 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Our Analysis: Ever Vail provides a unique opportunity for redevelopment. The existing uses in the area vary from office uses to more industrial uses. The proximity of the site to both the ski mountain and Gore Creek creates remarkable opportunities to capitalize on these assets, while providing uses and services that the Town desires and needs. The relocation of the S. Frontage Road furthers these opportunities by creating a site that can fit these uses while minimizing impacts to adjacent properties. Moving the S. Frontage Road to a location along side I-70 consolidates these major thoroughfares, thus minimizing the effects of traffic on nearby properties and provides a more efficient vehicular corridor. While a subdivision does not typically address land uses, and instead focuses on the division of property, the uses proposed for Ever Vail include the following (all sq. ft. and unit counts are approximate): • Total gross developable square feet = 900,000 - 1,000,000 • Total salable square footage = 600,000 - 700,000 • Whole ownership condominiums in square footage = 250,000 - 350,000 (150-250 units) • Fractional ownership condominiums in square footage = 150,000 - 250,000 (75-125 units) • Hotel in square footage = 100,000 - 150,000 • Commercial development square footage = 100,000 - 150,000 • Mountain Operations facilities square footage = 70,000 - 100,000 • Project Components o Ski Lift o Public-Private Parking Structure o Retail Village o Onsite Employee Housing 4. The extent of the effects on the future development of the surrounding area; and Our Analysis: The proposed subdivision will allow for uses consistent with the zoning on the property and compatible with the surrounding area. The subdivision allows for the redevelopment of a Brownfield area that will have a positive effect on the surrounding area. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Our Analysis: The major subdivision is necessary to facilitate the redevelopment of the Ever Vail area. As a result, this subdivision is highly efficient as public utilities already exist in the site. Because Ever Vail is a redevelopment project, it does not result in a "leapfrog" pattern of development. The project is more consistent with in-fill development patterns. It is taking an existing, underutilized area and redeveloping it to a better use. The realignment of the S. Frontage Road will allow vehicular traffic to flow more efficiently through the area. • 12 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 undersized lines; and Our Analvsis: High capacity utility lines already exist in the area and since this area was already considered in the master planning of the area, proper planning of utility capacity was already undertaken. 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 Our Analvsis: The re-alignment of the S. Frontage Road will allow for development to occur in a more logical pattern, along with consolidating and minimizing the impacts of the traffic associated with the S. Frontage Road and I-70 into one corridor. The alignment of the S. Frontage Road parallel to I-70 has been successful in other parts of Town and allows for an efficient flow of traffic. In addition, the properties in the Ever Vail area are a mix of unplatted, metes and bounds legal descriptions and platted lots. The proposed subdivision will allow this area to be developed in a more orderly pattern. The subdivision is one step in the overal{ process to allow for the redevelopment of the West Lionshead area into Ever Vail. The subdivision allows for the provision of public parking, a new ski lift and mixed-use hub for the Vail community. The applicant believes that this redevelopment serves the best interest of the community as a whole. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Our Analvsis: • This major subdivision request will not result in adverse impacts on the natural environment. The site is currently developed with commercial 13 uses and quasi-industrial uses on the site. All development proposals • on the site will be completed with the utmost concern for the protection of the natural environment in the area, as we consider natural areas amenities to the guests of Ever Vail. As future applications will indicate, we are hoping to improve the riparian characteristics of Red Sandstone Creek, which borders the property to the east of the Vail Professional Building. We hope to make the creek a great asset to the area and to do so, we will ensure that there are no adverse impacts to the natural environment. Vail Resorts has made it a priority to create an environmentally beneficial project in Ever Vail: • Brownfield Redevelopment. The Amoco site, which Vail Resorts purchased for inclusion in this redevelopment project, had previous oil and gas spills. Vail Resorts is in the process of having the soils rejuvenated in order to develop a LEED certified building and ski lift on that site as part of the development. The development will encourage the reuse of land by developing a previously developed site, not forest or open space, reducing the impact of development on undeveloped land. The project is the environmentally conscious redevelopment of property on which previous uses have and currently include: fuel storage and disbursement, alight-industrial machine shop, light industrial oil refining operations, vehicle and heavy machinery maintenance and repair, and warehousing. Wetland and Water Body Conservation. The project will conserve natural hydrology and habitat and preserve biodiversity though conservation and improvement of onsite wetlands by removing a culvert and day-lighting Red Sandstone Creek and enhancing its surrounding wetlands. • LEED Certified Green Buildings - For the LEED Neighborhood certified buildings requirement, West Lionshead must meet all the criteria for LEED New Construction standards for at least 50% of the building in the project. Vail Resorts plans to have all buildings in the project meet at least certification level. Some specific construction products that the Company plans to use to meet the standards are as follows: o Salvaged Products such as: bricks, millwork, framing lumber, plumbing fixtures, and period hardware. o Recycled Products such as: Iron-ore slag used to make mineral wool insulation, fly ash used to make concrete, and PVC scrap from pipe manufacture used to make shingles. o Certified wood products that carry an FSC stamp. 14 o Windows - NFRC-rated unit U-factor of 0.25 or lower. If the • frame material is non-green, such as PVC (vinyl), the energy standard is more stringent: U-factor of 0.20 or lower. o Equipment that conserves energy and manages loads such as: water heaters, refrigerators, dishwashers, and clothes washers. o Products that do not release significant pollutants into the building such as: zero- and low-VOC paints, caulks, and adhesives. o Products with very low emissions, such as: nonformaldehyde manufactured wood products. o Products that remove indoor pollutants such as: certain ventilation products, filters, radon mitigation equipment. o Products that warn occupants of health hazards in the building such as: carbon monoxide (CO) detectors, lead paint test kits, and other IAQ test kits. o Products that improve light quality such as: tubular skylights, specialized commercial skylights, and fiber-optic daylighting systems, full-spectrum lighting systems and highly reflective ceiling panels. • • 15 • Adjacenfi Addresses 210312109003 GLEN LYON OFFICE BUILDING C/O ANDREW D. NORRIS 1000 S FRONTAGE RD W STE 200 VAIL, CO 81657 210312100005 934 FRONTAGE RD VAIL CORPORATION PO BOX 959 AVON, CO 81620-0959 210312100004 1031 FRONTAGE RD SOHO DEVELOPMENT LLC 950 17TH ST STE 1600 DENVER, CO 80202 210312100002 953 FRONTAGE RD • SOHO DEVELOPMENT LLC 950 17TH ST STE 1600 DENVER, CO 80202 210312124001 923 FRONTAGE RD W VAIL CORP PO BOX 7 VAIL, CO 81658 • 210312100010 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 210312109004 SUB:GLEN LYON SUBDIVISION LOT:39- 2 ROBERT J. ROSEN 2005 QPRT NANCY ROSEN 2005 QPRT 1 127 LAKE AVE GREENWICH, CT 06831 210312109005 9345 FRONTAGE RD HAGOPIAN 8~ PENNINGTON,LLC C/O BRENTWOOD ASSOC 8~ T.M. PENNINGTON 11 150 SANTA MONICA BLVD 1200 LOS ANGELES, CA 90025 210312109002 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 210107200001 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 210107216001 846 FOREST RD EAGLE RIVER WATER 8~ SANITATION DIST 846 FOREST RD VAIL, CO 81657 210312100005 934 FRONTAGE RD VAIL CORPORATION PO BOX 959 AVON, CO 81620-0959 210107213001 862 FRONTAGE RD W VAIL CORP PO BOX 7 VAIL, CO 81658 210107216001 846 FOREST RD EAGLE RIVER WATER 8~ SANITATION DIST 16 w • 846 FOREST RD VAIL, CO 81657 210107200001 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 210107211032 826 FOREST RD VAIL RESORTS DEV PO BOX 959 AVON, CO 81620 210107211031 816 FOREST RD VAIL RESORTS DEV PO BOX 959 AVON, CO 81620 210107211033 798 FOREST RD • GANNETT, KATHRYN 690 ARDSLEY RD WINNETKA, IL 60093 210107211034 796 FOREST RD GANNETT, KATHRYN 690 ARDSLEY RD WINNETKA, IL 60093 210107218002 TOWN OF VAIL 75 S FRONTAGE RD W VAIL, CO 81657 210107.218001 TOWN OF VAIL 75 S FRONTAGE RD W VAIL, CO 81657 210107217004 825 FOREST RD GORE CREEK PLACE LLC • PO BOX 7 VAIL, CO 81658 210107217002 728 LIONSHEAD CIR VAIL CORP PO BOX 7 VAiL, CO 81658 Condo Parcel Number 210106317011 210106317024 210106317053 210106317055 210106317057 210106317010 210106317028 210106317056 210106317020 210106317039 210106317050 2]0106317019 210106317031 210106317044 210106317001 210106317022 210106317033 210106317045 210106317051 210106317016 210106317025 210106317048 210106317008 210106317012 210106317041 000710 LIONSHEAD CIR VAIL SPA CONDOMINIUM ASSOC 710 W LIONSHEAD CIR VAIL, CO 81657 DANN PETER -Registered Agent PO BOX 5480 AVON, CO 81620 17 • • • Condo Parcel Number 210312104032 210312104031 210312104012 210312104025 210312104039 210312104037 210312104029 210312104044 210312104050 210312104058 210312104009 210312104040 210312104016 210312104048 210312104064 210312104059 210312104005 210312104062 210312104008 210312104021 210312104054 210312104066 210312104033 210312104004 210312104007 001000 LIONS RIDGE LOOP VAIL RUN RESORT COMMUNITY 1000 LIONS RIDGE LOOP VAIL, CO 81657 William (Fleischer -Registered Agent 1000 LIONSRIDGE LOOP VAIL, CO $1657 CDOT 4201 E. Arkansas Avenue Denver, CO 80222 18 • TD-9N OF PAIL ~y THtS 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 23, 2007, at 1:00 pm in the Vail Public Library Community Room, in consideration of: A request for a final approval of a preliminary plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two new lots for the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC07-0020) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and South Frontage Road West right-of-way which is not zoned to Lionshead Mixed Use 2, properties known as "Ever Vail" (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right-of--way, (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC07-0021) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3- 7, Amendment, Vail Town Code, for proposed text amendments to Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of art, and to Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the grading, and setting forth details in regard thereto. (PEC07-0041) Applicant: Town of Vail Planner: Rachel Friede A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend a platted building envelope, located at 1314 Spraddle Creek Road/Lot 15, Spraddle Creek Estates, and setting forth de#ails in regard thereto. (PEC07-0044) Applicant: William and Julie Esrey Planner: Scot Hunn Attachment D 1~°~ V~ ' 1 /1 p1 a-~ ~~ ~ v Page 1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 24, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and South Frontage Road West right-of--way which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right-of--way, (a complete legal description is available for inspection at the Town of Vai! Community Development Department), and setting forth details in regard thereto. (PEC07-0021) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell I. SUMMARY The applicant, Vail Resorts Development Company, represented by Thomas Miller, has submitted a request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and South Frontage Road West right-of-way which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right-of-way, (a complete legal description is available for inspection at the Town of Vai( Community Development Department), The applicant has submitted the application in anticipation of the redevelopment of the area known as Ever Vaii and the possible adoption of a final plat creating Lots 1 and 2 of the Ever Vail Subdivision. Staff is recommending that the Planning and Environmental Commission forwards a recommendation of approval, with conditions of the proposed rezonings subject to the findings and conditions outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Vail Resorts Development Company, represented by Thomas Miller, has submitted a request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and South Frontage Road West right-of-way which is not zoned to Lionshead Mixed Use-2. The purpose of the application is to amend the Official Zoning Map of the Town of Vail whereby the unplatted Vail Professional Building and Cascade Crossing properties and South Frontage Road right-of-way wilt be rezoned to Lionshead Mixed Use-2 zone district. The applicant has submitted the application in anticipation of the • redevelopment of the area known as Ever Vail and the possible adoption of a final plat creating Lots 1 and 2 of the Ever Vail Subdivision. This requested recommendation is to rezone the Lots 1 and 2 created by the Ever Vail Final Plat, if adopted, to Lionshead Mixed Use-2 District. A vicinity map of the development site and surrounding area has been attached for reference. (Attachment A). A copy of a plan depicting the proposed property rezonings (Attachment B) and a document entitled Rezonina Request from ABD to LMU-2 and to zone portions of the existina S. Frontaae Road riaht-of-wav to LMU-2 dated revised September 17, 2007, describing the request in greater detail from the applicant (Attachment C) are attached for reference. III. BACKGROUND The Vail Resorts Maintenance Shop was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. The Holy Cross Lot, Vail Professional Building, Cascade Crossing, and former gas station sites where annexed into the Town of V<~il by Ordinance No. 26, Series of 1975, which became effective on December 16, 1!75. On December 11, 2006, the Planning and Environmental Commission forwarded a recommendation of approval for amendments 'to the Lionshead Redevelopment Master Plan to include the Vail Professional Building and Cascade Crossing parcels within the Master Plan boundaries and to amend the recommendations for the area known as "West Lionshead". On February 6, 2007, the Vail Town Council adopted Resolution No. 4, Series of 2007, which implemented the changes to the Lionshead Redevelopment Master Plan regarding West Lionshead and the area now called Ever Vail. IV. ROLES OF THE REVIEWING BODIES Rezonina/Zone District Boundary Amendment Planning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Design Review Board: The Design Review Board has no review authority on zoning/rezonings. Staff: The staff is responsible for ensuring that all suk>mittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: The Town Council is responsible for final approval/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations (Title 12. Vail Town Code1 Lionshead Mixed Use-2 District 12-71-1: Purpose: The Lionshead mixed use 2 district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone • district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public, off site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Lionshead Redevelopment Master Plan (in part) Chapter 2 -Introduction (in part) 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 environrnent 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 i:o enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds") through new lodging products. Live beds and warm beds are best described as residential or lodgincl rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock-off units), or dwelling units which are • included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shalt be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 2.3.6 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 all possible sources to fund desired private and public improvements. C7 a • Chapter 4 -Recommendations -Overall study Area (in part) 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, and Cascade Crossing. This area of Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should reasonably increase the square footage of existing office and have "no net loss" of 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 west with improved pedestrian connections, new retail and office activity and other improvements. While lift access will certainly energize this area during the winter months, attention should be given to creating ayear-round attraction within this area of Lionshead (see detailed plan recommendations in Chapter 5) The master plan recommends that this hub become aresidential/ mixed use • area with an emphasis on meeting the needs of both the local community and our guests. Appropriate uses could include high density residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus 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. Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with the 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 creates a catalyst for an structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on-site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard could be reduced in size, as some functions can be moved to less central locations. It 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 redevelopment 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. Chapter 5 -Detailed Plan Recommendations (in party • 5.17 West Day Lot! Vail Associates Service `~fard/ Holy Cross Site/ Gas Station Site/ Vail Professional Buildingl' Cascade Crossing Planning for the western end of Lionshead must consider two different scenarios: the realignment of South Frontage Road and its retention in the existing alignment. 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 49a, and 4-9b for the Frontage Road realignment alternatives. Notwithstanding these different Frontage Road scenarios there should be an increase of existing office square footage and "no net loss" of retail square footage as a result of the redevelopment of these parcels. Higher densities and building heights may be appropriate in this area, particularly to encourage the cevelopment 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-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 strong pedestrian connection with the rest of Lionshead. A strong connection alonca the Gore Creek corridor already exists. Streetscape improvements along West Lionshead Circle between • Concert Hall Plaza (currently 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 aid public art are just some examples of what couild strengthen this corridor and in doing so further integrate this area with they 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 pedestrian traffic and activity. However, consideration should 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 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 awell-crafted program of specialty retailers, offices, and restaurants. An active program of public art, residential units that 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 activity. In conjunction with any application to development a new ski lift, aretail/comme:rcial market study which analyzes the area for the appropriate amount of square footage of retail/commercial • • that should be included 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 allowances of these zone districts, building height and massing shall be responsive to the Gore Creek corridor, the Interstate, and how building massing transitions at the western end of Lionshead. Buildings at the westernmost end of West Lionshead shall gradually "step down" from the maximum allowable height limits of the Lionshead Mixed Use zone districts. Figure 5-25 provides a general depiction of how building height shall gradually lower at the western end of this study area. The intent of these height standards is that building height reduces by entire floor levels in the locations as generally depicted on Figure 5-25. Notwithstanding 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 taller building mass. On the Interstate side of this area building design shall be articulated to avoid large expanses of shear/unbroken wall planes. a. Retention of Existing Frontaae Road Alignment If the Frontage Road remains in its current location the Maintenance Yard/Holy Cross parcels, the Vail 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 feasible, the old gas station site 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 to create 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. It is assumed that these parcels would be re-zoned to Lionshead Mixed Use I. 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 asset or amenity of this redevelopment area. b. Frontaae Road Realignment behind the Maintenance Yard and HoIY Cross site The greatest benefit of this realignment 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 best pedestrian environment in creating an extension of the Lionshead Retail area in that it provides the potential to establish a convenient and desirable pedestrian connection to the rest of Lionshead. With this alternative 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 gas stai:ion site would not 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 accessible to the community and an aesthetically pleasing water feature. One possibility may be to pond the creek just south of the I-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 modification or enhancement to the creek corridor would be subject to U.S. Army Corp of Engineers approval. A strong east-west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. Vail Land Use Pian (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantNally revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council ar~d now represent policy guidelines i in the review process for new development proposals. These goal statements should be used in conjunction with the adopi:ed Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 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. 1.2 The quality of the environment inclluding air, water and other natural resources should be protected as tl-ie Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.5 Commercial strip development of the Valley should be avoided. 1.7 New subdivisions should not be permitted in high geologic hazard areas. n • 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if: a) Community objectives are met as articulated in the Comprehensive Plan. b) The parcel is adjacent to the Town boundaries, with good access. c) The affected neighborhood can be involved in the decision-making process. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2. Skier (Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more 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 options to improve year-round tourism. 2.5 The community should improve non-skier recreational options to improve year-round tourism. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 2.8 Day skier needs for parking and access should be accommodated through creative solutions such as: a) Increase busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. 3. Commercial 3.2 The Village and Lionshead areas the best location for hotels to serve the future needs of destination skiers. 9 3.3 Hotels are important to the continued success of the Town of Vail, • therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More night-time businesses, on-going events and sanctioned "street happenings" should be encouraged. 4. Village Core / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share units should be accommodated to help keep . occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited iincentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to kE;ep pace with the needs of peak periods. • io • VI. ZONING ANALYSIS The following zoning analysis provides a comparison of the development potential currently allowed under Arterial Business District (ABD) to that of the proposed Lionshead Mixed Use-2 District (LMU-2). Legal Description: Unplatted Land Use Designation: Community Office Lot Size: 87,120 sq. ft./2.0 acres Development Standard ADB LMU-2 Lot Area: 25,000 sq. ft. min. 10,000 sq. ft. min. Setbacks: Front: 15 ft. 60% of frontage 10 ft. all sides 20 ft. 40% of frontage Sides: 15 ft. Rear: 10 ft. Height: 70% between 32 ft. and 40 ft. 82.5 ft. max. 30% less than 32 ft. 71 ft. average Density Control: No dwelling units allowed 70 d.u.s, • Type III EHUs conditional unlimited a.u.s, f.f.u.s, e.h.u.s, timeshare (33% over existing or 35 d.u.s/acre whichever is greater) GRFA: 52,272 sq. ft. 217,800 sq. ft. (33% over existing or 250% of buildable area whichever is greater) Site Coverage: 52,272 sq. ft. 60.984 sq. ft. (60%) (70%) Landscaping: 21,780 sq. ft. 17,424 sq. ft. (25%) (20%) Parking Per Chapter 10 of Per Chapter 10 of the Zoning the Zoning Regulations Regulations The following zoning analysis provides an explanation of the development potential that would be applied to the unplatted and unzoned South Frontage Road right-of- • way if it were to be rezoned fo Lionshead Mixed Use-2 District (LMU-2). This analysis took into account the area of right-of--way being incorporated into Lots 1 and 11 2 of the Ever Vail Prelimii the relocated right-of-way. Legal Description: Land Use Designation: Lot Size: Development Standard iary Plan minus the property provide from existing lots to • Unplatted Not Applicable 139,778 sq. ft./3.21 acres LMU-2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 112 d.u.s, unlimited a.u.s, f.f.u.s, e.h.u.s, timeshare GRFA: 349,445 sq. ft. if entire site is buildable Site Coverage: 97,844.6 sq. ft. (70%) Landscaping: 27,955.6 sq. ft. (20%) • Parking Per Chapter 10 of the Zoning Regulations The following is a zoning analysis of the development potential of Lots 1 and 2 as depicted on the Ever Vail Preliminary Plan, if adopted as shown. Legal Description: Lot 1, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Ptan Lot Size: 330,402.6 sq. ft.l7.585 acres Development Standard LMU-2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 112 d.u.s, unlimited a.u.s, f.f.u.s, e.h.u.s, timeshare GRFA: 732,087.5 sq. ft. (292,835 sq. ft. buildable site area) Site Coverage: 231,281.4 sq. ft. (70%) • 12 Landscaping: 66,080.5 sq. ft. • (20%) Parking Per Chapter 10 of the Zoning Regulations Legal Description: Lot 2, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 156,162.6 sq. ft./3.585 acres Development Standard LMU-2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 125 d.u.s, unlimited a.u.s, f.f.u.s, e.h.u.s, timeshare GRFA: 349,800 sq. ft. (139,920 sq. ft. buildable site area) Site Coverage: 109,313.8 sq. ft. (70%) • Landscaping: 31,232.5 sq. ft. (20%) Parking Per Chapter 10 of the Zoning Regulations VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: Interstate 70 No zoning East: Mixed-use Lionshead Mixed Use 1 West: Mixed-use SDD No. 4, Cascade Village South: Open Space Natural Area Preservation VIII. CRITERIA AND FINDINGS Amendment to the Official Zonina Map of the Town of Vail lrezoninal Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town Code authorizes amendme nts to the Official Zoning Map of the Town of Vail. Pursuant to Section 12-3-7, Amendments, in part, "an application to amend the district boundaries of the Zoning Map may be initiated by petition of any resident or property owner in the Town." • 13 Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and • Environmental Commission and Town Council shall consider with respect to a request to amend the Zoning Map. The applicant is seeking a recommendation of approval to rezone two unplatted properties, from ADB to LMU-2 and a portion of unplatted and unzoned South Frontage Road right-of-way to LMU-2. According to Section 12-3-7 C, of the Vail Town Code, Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The redevelopment of the properties incorporating the Ever Vail project began in early 2006, with the start of public meetings and hearings to discuss incorporation of several parcels into the Lionshead Redevelopment Master Plan and amendments to the Master Plan for the area known as "West Lionshead". In early 2007, Town Council adopted, through resolution, the amendments tc- the Master Plan that evolved over • a year of public process. The proposed rezoning of two properties and portions of the unplatted South Frontage Road right-of-way is one of the steps in effecting the change in Ever Vail that was anticipated through the adoption of the changes to the Master Plan. Staff has reviewed the proposed rezoning request and found it to be in compliance with the multiple elements of the Vail Comprehensive Plan. Within Section V of this memorandum staff provided the Policies and Goals identified in both the Lionshead Redevelopment Master Plan and the Vail Land Use Plan which apply to this request. The requested rezonings in conjunction with the possible adoption of a Ever Vail Final Plat will be the basis; for creating the foundation from which many of the policies and goals of the Vail Comprehensive Plan can be achieved. The proposed rezoning is consistent and compatible with the Vail Comprehensive Plan and the Town's development objectives. 2. The extent to which the zone district. amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; and 14 • The Lionshead Mixed Use-2 District establishes zoning that is consistent with both existing and proposed uses on the subject properties. Currently, the Ever Vail area contains industrial uses, a public utility, commercial, and office. As a part of the redevelopment the remaining adjacent uses will be the water treatment plant and the Glen Lyon Office Building. Staff believes that the permitted and conditional uses listed within the LMU-2 District are suitable uses to be adjacent to the remaining properties. The proposed use of the properties within Ever Vail will be a mixed use development containing a combination of retail/commercial, office, dwelling units, accommodation units, time share, and employee housing. Special attention should be given to the Detailed Plan Recommendations outlined Chapter 5 of the Lionshead Redevelopment Master Plan for the area known as Ever Vail. This language is found in Section V of this memorandum. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The LMU-2 District is consistent with the existing and proposed use of the property. The proposed zone district implements specific goals of the Vail Land Use Plan and Lionshead Redevelopment Master Plan. Staff believes that the proposed rezoning presents a harmonious, convenient, • and workable relationship with land uses in the area consistent with the existing and proposed use of the property. For example, while the overall density of development on the subject properties will increase as a result of the zone district boundary amendment, the relocation of the South Frontage Road right-of-way, the detailed plan recommendations for the development site, and the anticipated off site vehicular and pedestrian improvements ensures a workable relationship among land uses. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and The proposed rezoning establishes consistent zoning for the subject properties with regards to their adjacent zoned LMU-2 District properties. This rezoning will create a zone district consistent with the existing and proposed use of the property. The proposed rezoning and development plan provide for the development of an orderly viable community consistent with the Town's development interests as expressed in the Lionshead Redevelopment Master Plan. The purpose of the LMU-2 District is, in part, "fo provide sites for lodges, hotels, fractional fee clubs, lodge dwelling units, and timeshares", "to provide economic incentives for properties to redevelop", and "to create an economically vibrant lodging, housing and commercial core area." Rezoning the subject properties to LMU-2 District will allow for the redevelopment of the Ever • Vail area consistent with the recommendations found in the Master Plan for Ever Vail. 15 Staff believes that this amendment furthers the development objectives of • the Town and serves the best interest of the community as a whole. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed rezoning will change the existing character and uses currently present on the subject properties. However, staff does not foresee any adverse impacts on the natural environment to include water quality, air quality, noise, vegetation, ~stc. In fact, given the language as adopted for the detailed recommendations for the site, it could be reasonably expected that beneficial impacts could result from the rezoning and redevelopment of the site. For example, an intended outcome of the redevelopment of this site, according to the Lionshead Redevelopment Master Plan, is the restoration and enhancement of the Red Sandstone Creek riparian corridor. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The LMU-2 District is proposed for the subject properties. The proposed zone district amendment is consistent with the intended purpose of that • zone district. A copy of the purpose statement of the LMU-2 District is provided in Section V of this memorandum. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. Since the original adoption of zoning on the property, the Town of Vail has undergone an extensive study for the redevelopment of the Lionshead area of Town. As such„ the Town has adopted clearly identifiable goals and objectives for development in this general area of Town. In order to ensure that these goals and objectives for development are carried out, the Town adopted two zone districts; one of which is the LMU-2 District. If approved, the applicant will be afforded the opportunity to redevelop the Vail Professional Building and Vail Cascade properties and portions of the unplatted South Frontage Road with the Town's goals in mind. To that end, the Lionshead Redevelopment Master Plan, through the adoption of Resolution No. 4, Series of 2007, outlines very clear and specific objectives for development on the properties to be rezoned. These objectives can be found in Chapter 5 of the Lionshead Redevelopment Master Plan. 8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. • 16 . IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and South Frontage Road West right-of- way which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right-of-way, (a complete legal description is available for inspection at the Town of Vail Community Development Department). This requested recommendation is to rezone the Lots 1 and 2 created by the Ever Vail Final Plat, if adopted, to Lionshead Mixed Use-2 District. Staff's recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this zone district boundary amendment, the Community Development Department recommends the Commission pass the following motion: The Planning and Environmental Commission is forwarding a recommendation of approval, with conditions, to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of properties from Arterial Business • • District and South Frontage Road West right-of-way which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right-of-way, (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. This forward of a recommendation of approval with a condition is to rezone Lots 1 and 2 created by the Ever Vai! Final Plat, if adopted, to Lionshead Mixed Use-2 District. Should the Planning and Environmental Commission choose to approve this zone district boundary amendment, the Community Development Department recommends the Commission pass the following findings: "Before recommending and/or granting an approval of an application for a zone district boundary amendment fhe Planning & Environmental Commission and the Town Council shall make the following findings with respect fo fhe requested amendment: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and • 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious 17 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." Should the Planning and Environmental Commission choose to approve this preliminary plan, the Community Development Department recommends the Commission apply the following conditions: 1. That this request to amend the zone district boundaries cannot be adopted by ordinance by Town Council without the review and approval of the Ever Vail Final Plat by the Planning and Environmental Commission, thus establishing Lots 1 and 2 of the Ever Vail Subdivision. X. ATTACHMENTS A. Vicinity Map B. Copy of the proposed rezoning plan C. Copy of the applicant's document entitled Rezoning Request from ABD to LMU-2 and to zone portions of the existing S. Frontage Road right-of-wav to LMU-2 dated revised September 17, 2007 D. Public notice • • 18 . • • 19 - ~ 1" a' $~ Sj; N y _ 1 o .a •o w r r ~• q a°e q~ ~'r~y a a` ~t A ~ V" ;r o z~ b~ ~' ~ `~ o C'Z `= 4T' ~ Nt' p! ~N ~ .i'~ ~I ~1 N ~D ~ ~ ~ 9 m ~ ~ ~ ~ ~ ~~ ~& ~ w w ~ ~ 'aa ¢ ~ ~ ~~~ ~~ ~ ~ ~ ~ ~ N m !~' ~ c~~y~n~~o ~y v~ ' ~ ~ 6 ~nlNa N N m~ ~~ u~i ., ~ ~ .a N m \ 9 ~` ~ Si ~ , \ '+~ ~ 004 i ~ s~ ~~ ~ `~ ~ ~ ~ gyp. ;.'-~. :: \ / ~ \ L \ ~ ~ ~~ _ ' 9~~ Pay , ' \ ~vr m ~ \ 9~ ~ ~~1 ~ a ~ ~J 9 ~ "c-t ., mCS~i4g ~~ - ~ 9y, , \ \ \ ~ ~ <fJO ~ Y ldgI`1 A~S~~ ~ ~~ p rw p ~ ~ z s ~ mN ~n ~ N" ~ r ~ ~ Cs7 `~'' ^i'~i _ ~, 9 WL `.~ \ -1~ I A v F1 ' L9 L70 ~ ~ ~ ~ ~ ~i ,~~,4Mr T(pAC $"0 ~~y/ \. ~r ACE' RT A ~y "i .•. ~ 1 ~ "~ ~ ~ 1 ~ -~ ~. " • ~ : - '~ ate'' -~~'. ~J. .~ - '-~ r~ ~ ~ ,~ .. _ _ ~ . _~- --~° a,~ \ $~ '~ A N o ` ~ ~ ~'w~ t~~ ~ 11 s ~ o q 1 ~ ,•~ ' \ ~ ~ ~ 11 .~ ~ 1 • .~ ; o ~ t ~ c J v A o~ q ~y~ ~ m~'mQclr~e~~ ~ . ' ~ O z ~ tt ip .P N w S" z g / ~ ~+_.~ ... 1 ~ ~' / '.' 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L u ~ fs r ~~ ~ /~~~ ~~ 8 \ a~ I +Mo \ 1 y9 tT/C~ my 'ui ~ o C s ~ \ ~ ~ y G 7 QJ _ ~ ~ I~ N vi ~ .- ei I- N ~ ~m~¢¢ b {{.~ LL~ \ m 1 - LL V, ~~ ~ 26 ~ ¢¢ QQ ¢¢ ¢¢ QQ U b~ \ ~ V~. aWa 22 d ~~ q • U 2 u u ~OO O C3 i s LLO ~ w ~~° ~~ 'Z ~ J Ill W U U .-. ~ Dmj ~' U(~ 6Q`~ LLLL 00 gqLLIL S I G6 as ~ ~ ~~~ ~~x ~~ ~ ~ a a¢~d ge ti ~ w W~ w?Z q22 ¢~ ~a s 8 m g ~ F ~~ N¢ ¢ o¢ ~ ~ q, a mm0 mm 3\ \ i° ~ I m N \ J Z ~ N°~ b = pUw \ ~ ~ ~^y ~ C1 ~ 4?d~ ~~~ C = ~~ \PO lJ M i \\• r • ~V~R~'AIl • Rezoning Request from ABD to LMU-z and to zone portions of the existing S. Frontage Road right-of-way to LMU-z Applicant: Vail Resorts Submitted on March i6, zoos REVISED ON September ~7, zoo7 Submitted by: ~ 1~1 ~ ~~ Mauriello Planning Group • Attachment C • Table of Contents Table of Contents .......................................................................................... 2 Directory ........................................................................................................ 3 Introduction of the Request .........................................................................4 Vision of Ever Vail and LEED Certification ....................................................6 Review Criteria for a Rezoning Request .................................................... ~o Adjacent Addresses .....................................................................................~7 • 2 Directory Thomas Miller Project Manager Vail Resorts Development Company X37 Benchmark Road Avon, CO 8~6zo (o) 970-754-z544 (f) 970-754-z555 Tmiller~~a vailresorts.com Mauriello Planning Group PO Box ~iz7 Avon, CO 8~6zo 970.748.ogzo (ph) 970.748.0377 (f) dominic~a mpgvail.com Sam Ecker Gore Range Surveying, LLC PO Box ~5 • 5~z9 Longsun Lane Avon, CO 8~6zo (970) 479-8688 (970) 479-0055 (fax) samba gorerange.net CALLISON ~4zo Fifth Avenue #z4oo Seattle, WA g8~o~-2343 Ph. (zo6) 6z3 4646 F. (zo6) 6z3 4625 Alpine Engineering, Inc. P.O. Box 97 Edwards, CO 8i63z Ph. (970) 9z6-3373 F• (970) 9z6-3390 3 Introduction of the Request We are submitting a request for a rezoning from ABD to LMU-Z for Parcel 2, created by the Evervail Subdivision. The site is currently zoned Arterial Business District and is the site of the Vail Professional Building and Cascade Crossing, located at 953 and io3i Frontage Road. In addition, we are also requesting to zone the portion of the S. Frontage Road right-of-way, which is currently unzoned, to LMU-Z. The end result will be the entirety of the Evervail Subdivision will be zoned Lionshead Mixed Use - Z. We are proposing to rezone the site to Lionshead Mixed Use - Z, primarily due to the recent inclusion of the site into the Lionshead Redevelopment Master Plan. Vail Resorts Development Company is proposing to construct a public parking structure on a portion of the site, as well as offices, retail uses, residential, and employee housing. Section~2-71-5: Conditional Uses; Generally (on all levels of a building or outside of a building) allows "Public or private parking lots" as a conditional use in the Lionshead Mixed Use - Z zone district. On December ~5, X962, Vail Mountain opened with 3 lifts and recorded a total of just 55,000 skiers in the X962-1963 season. By 1969, it was the most popular resort in Colorado. Today, there are 33 lifts, and total skier and snowboarder visits for the Zoos-ZOO6 season was ~,676,i~8. Vail continually strives to improve the guest • experience through quality infrastructure improvements on the mountain. As a result, Vail has continually been ranked the #i ski resort in North America. The Vail Village parking structure was originally completed in 1975 with only 850 spaces, until it was expanded in ~g88. The Lionshead parking structure was originally constructed in X980. Currently, there are approximately 2,500 parking spaces available at Vail's two parking garages. The parking spaces, i,8oo of them covered, allow skiers and snowboarders quick and easy access to Vail Mountain via the Vista Bahn ski lift in Vail Village, Eagle Bahn Gondola in Lionshead or Riva Bahn ski lift at Golden Peak. The proposed parking structure in West Lionshead will be adding approximately 400 public parking spaces. This is in addition to the parking constructed to meet the commercial, office, and residential needs of the Evervail development. The parking structure will reduce the vehicular traffic and skier (pedestrian) traffic in the more congested areas and portals of the Town, helping to improve the guest experience town-wide. 4 e~IST:~c ulvlx; .~ ~~ i ~:1 LR VAIL / ~ ~ 1 n N ~ i7f '~ ;I I_ I uUK I Y of LAaLE. S9 1 IT of r(1LUR 4U!) I I~~~ •, ~~ . ~ 'tea? ~ ~ "1 - .an.,,, "~~ RSA ub.~-, i ~` i L ` S ^ ~ .._. '~-. ~ I_ - _ _ _.~.. ~ ~ `~, l / ?~~/ _ _ I PARCEL ? - ~^+' y L \. ,,,, ..~i~lr `` ~,.ar.f ~~iT~~i ~ ~ __ - -. I_ -- ~..-.. rr i r ~,~ ~~ r~~ • / / _ ~~ ~- / / ILaFtERINS RI:SINF SRC STRICT TONED ~ ION51 fAD ANI ~7URR_N ICY LOr~EL Range Ir i..7 (1 i. RI(!I~-O+-WAS .r, s~mmml...~_... _.I c~a+tEN^-~ u+ZwE~ -~M/A • • i ' ~j/ , l/ ~.,.. _ ~.. I _ ~ i / ~ J + ~ r~~ _ .../ ~ / i / __ ~_ r R I / ~~ ~~ ~ I ~ r~ ~ .._...... ; ~ ` ' I ~'~ I ~ ~ ~ __„~ ~.,,, ;° ` , 1 ~= I f _ J ~ .! *, ~,,.. .~,., u ..~ w. I s ~ ~ ~ ~ I 1 R y ®m I E ; .,. : ` ~ _~ u j ~ ~~ ,R,..,~. _ _ ti ,~..-em _ ~- .._..., i - ,_-. ~_ - __~ _..__. i EAJ - ~IJ~Y ILD SE - _ -'Ga.ennre Surmnng. .u - ~ M J - ] - ZONED AHU ~. ... ... ~ •f _~,._ .. I~ .. . PROF(1tiLU /.[ ICI ~G uW.A UI l ,A f I. (-t>l A 1 Y I )I 1_'a; LTC. ~ I n I tC OF CULUR,IDO 5 Vision of Ever Vail and LEED Certification It is important to consider this first step with an understanding of the overall redevelopment of the Ever Vail. Ever Vail is envisioned to become amixed-use hub, including office, retail, and housing. The area will include employee housing to serve the new uses in the area. The Frontage Road will be re-aligned, locating the road adjacent to I-7o, as it is in many parts of Town. West Lionshead will become more of a village, like Vail Village or Lionshead, and not be bisected by a major thoroughfare. We are working closely with CDOT in this process, and CDOT is supportive of the road realignment. Ever Vail generally encompasses one million square feet and will include between 600,000 and 700,000 saleable square feet of residential and commercial space. The site is currently occupied by Vail Mountain's vehicle maintenance shop yard and warehouse, a retail and office complex, and a gas station, offering the opportunity for a true "Brownfield" redevelopment. The new resort village plans call for approximately~5o-z5o whole ownership condominium units, approximately 75-~z5 fractional ownership condominium units, an approximately ~oo,ooo-square-foot- room hotel, ~oo,000-~50,00o square feet of commercial retail, office, and restaurant space and an approximately ioo,ooo-square-foot mountain operations facility. The project will also include a gondola to serve as the fifth base portal to Vail Mountain, and a new public parking structure. The U.S. Green Building Council has developed a LEED for Neighborhood Development Rating System. All of the following information regarding LEER is from their document entitled LEED for Neighborhood Development Rating System. The U.S. Green Building Council, the Congress for the New Urbanism, and the Natural Resources Defense Council-three organizations that represent some of the nation's leaders among progressive design professionals, builders, developers, and the environmental community-have come together to develop a national set of standards for neighborhood location and design based on the combined principles of smart growth, new urbanism, and green building. The goal of this partnership is to establish these standards for assessing and rewarding environmentally superior development practices within the rating framework of the LEED (Leadership in Energy and Environmental Design) Green Building Rating SystemT"". The Neighborhood Development rating system is designed to certify exemplary development projects that perform well in terms of smart growth, new urbanism, and green building. Projects may constitute whole neighborhoods, fractions of neighborhoods, or multiple neighborhoods. Smaller, infill projects that are single use but complement existing neighboring uses should be able to earn certification as well as larger and mixed use developments. • 6 Evervail has been accepted to be a LEED certified neighborhood development. The • following components are part of the Ever Vail program: • Brownfield Redevelopment. The Amoco site, which Vail Resorts purchased for inclusion in this redevelopment project, had previous oil and gas spills. Vail Resorts is in the process of having the soils rejuvenated in order to develop a LEED certified building and ski lift on that site as part of the development. The development will encourage the reuse of land by developing a previously developed site, not forest or open space, reducing the impact of development on undeveloped land. The project is the environmentally conscious redevelopment of property ~ ~' ~ on which previous uses have ~°''~!+,. -- ,~.,~; J and currently include: fuel ~ ~, ~ '~ °~-- storage and disbursement, a ~:•y,,. ~ •~- '~ -..~,. light-industrial machine shop, ";~' ,; ~' ;: ,r'''~''Mk ,~ r ~~ ~}.~r~'b° ~ ,; li ht industrial oil refinin ~ ~ ~ ~'~' ~'~~`'~?-~~"'!~4~`- .! ~ Ain' ,~. h ~•, operations, vehicle and heavy yy~~~"'~ r, ~~ `~;r:,?;~•" ~, machinery maintenance and '~ - ~ ~ YwC'~ repair, and warehousing. ~~~ ' Y ;~ ~ ~ ~; Wetland and Water Body "~-~' ~- - - _-"- Conservation. The project will conserve natural hydrology and habitat and preserve biodiversity though conservation and improvement of onsite wetlands by removing a culvert and day-lighting Red Sandstone Creek and enhancing its surrounding wetlands. LEED Certified Green Buildings -For the LEED Neighborhood certified buildings requirement, Ever Vail must meet all the criteria for LEED New Construction standards for at least 50% of the building in the project. Vail Resorts plans to have all buildings in the project meet at least certification level. Some specific construction products that the Company plans to use to meet the standards are as follows: • Salvaged Products such as: bricks, millwork, framing lumber, plumbing fixtures, and period hardware. • Recycled Products such as: Iron-ore slag used to make mineral wool insulation, fly ash used to make concrete, and PVC scrap from pipe manufacture used to make shingles. • Certified wood products that carry an FSC stamp. • Windows - NFRC-rated unit U-factor of o.z5 or lower. If the frame material is non-green, such as PVC (vinyl), the energy standard is more stringent: U-factor of o.zo or lower. • • Equipment that conserves energy and manages loads such as: water heaters, refrigerators, dishwashers, and clothes washers. 7 • Products that do not re-ease significant pollutants into the building such • as: zero- and low-VOC paints, caulks, and adhesives. • Products with very low emissions, such as: nonformaldehyde manufactured wood products. • Products that remove indoor pollutants such as: certain ventilation products, filters, radon mitigation equipment. • Products that warn occupants o f health hazards in the building such as: carbon monoxide (CO) detectors, lead paint test kits, and other IAQ test kits. • Products that improve light quality such as: tubular skylights, specialized commercia{ skylights, and fiber-optic daylighting systems, full- spectrum lighting systems and highly reflective ceiling panels. • • 8 Review Criteria for a Rezoning Request A. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Our Anal~s: The Lionshead Redevelopment Master Plan provides the framework for the Town of Vail to review this rezoning request from Arterial Business District to Lionshead Mixed Use-z, along with the zoning of the Frontage Road right-of-way. The Lionshead Redevelopment Master Plan, originally adopted in December of i998~ describes the Town's intent in the adoption of the Master Plan: 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. • 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. Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traf fic must be improved within and through Lionshead. Improved Infrastructure The infrastructure o f 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 o f our guests and residents. Resolution No. 4, Series of zoo7, adopted amendments to the Lionshead Redevelopment Master Plan, specifically dealing with the redevelopment of the West Lionshead area. The Town Council, Planning Commission, and the Town Staff reviewed these Master Plan amendments in detail over a • significant period of time and are very familiar with the modifications. As a 10 result, we have only pulled out portions of the amended Lionshead Redevelopment Master Plan that apply specifically to a rezoning request. Greater detail can be provided in future applications. The following language was added to the Master Plan: 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 formergas station, the Vail Professional Building, and Cascade Crossing. This area o f Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should reasonably increase the square footage of existing of fice and have "no net loss" of 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 o f Lionshead to the • west with improved pedestrian connections, new retail and office activity and other improvements. While lift access will certainly energize this area during the winter months, attention should be given to creating a year-round attraction within this area o f Lionshead. The master plan recommends that this hub become aresidential/ mixed use area with an emphasis on meeting the needs o f both the local community and our guests. Appropriate uses could include high density residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit functions and a ski li ft connection to Vail Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain. Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with the 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 o f north-south building orientation may be difficult given the relatively narrow east-west orientation o f this area. In addition, the introduction o f ski lift access in this location creates a catalyst for a structured public parking facility. All service and delivery demands • created by development in this area sha-f be accommodated on-site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard could be reduced in size, as some functions can be moved to less central locations. It 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 redevelopment 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 o f Vail in-town transit system. Connection to West Lionshead West Lionshead consists o f the West Day Lot, the Vail Associates service center, the sanitation plant, the Holy Cross lot, the former gas station site, the Vail Professional Building, and Cascade Crossing. Because it is an area of potentially significant growth, it is important that it be fully integrated into the Town o f Vail transit system. The West Lionshead properties are at the outside edge of the acceptable walking distance to the ski yard (zoo feet). 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. In addition, the update o f the Vail Transportation Master Plan shall 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 o f a ski lift in this area would make this area more viable to redevelopment as it would be within the acceptable walking distance o f a li ft (,zoo feet). Maximum F f ficiency and Utilization The following recommendations are made to enhance the of ficiency and functionality of the Lionshead transit connections in anticipation of future redevelopment in the area: Potential New Parking Sites West Lionshead The construction of a new public parking facility at the west end of Lionshead has been a planning consideration since the completion of the Vail Transportation Master plan in ~99~. This site is currently undeveloped (except for the Vail Associates maintenance yard) and is large enough to meet projected parking demand. It is well located in relation to the potential new eastbound t-7o 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 existing deficiency of off-street 12 parking on peak days and the shi fting demand o f parking created by the introduction o f a new ski lift in V'/est Lionshead. It is anticipated that the new public parking structure would contain approximately 400 public parking spaces, which would be in excess o f any parking requirements generated by proposed development. The update o f the Vail Transportation Plan should provide final direction on the location and quantity o f additional public parking spaces in the Town o f Vail. The location of additional public parking should consider where parking is most optimal for both guests and employees, year round utilization, mountain operations, and overall traf fic circulation. • Given the location for this parking facility, it had been assumed that regular transit or shuttle service would be necessary because of its distance from the retail core area and the ski yard (greater than a zoo-foot walking radius). However, the location of the parking structure would be proximate to the new li ft and as such the need for regular shuttle service would be minimized. However, some provisions for bus stops and/or a transit facility should be considered for the parking structure. West Day Lot/ Vail Associates Service Yard/ Holy Cross Site/Gas Station Site /Nail Professional Building/ Cascade Crossing ~I As compared to a separate, free-standing portal, West Lionshead is considered a part o f the greater Lionshead area. In order for this area to be success f ul, it is important to have a strong pedestrian connection with the rest of Lionshead. A strong connection along the Gore Creek corridor already exists. Streetscape improvements along West Lionshead Circle between Concert Half Plaza (currently the western end o f Lionshead retail influence) and the Ritz-Carlton Residences will strengthen existing conditions, and in doing so, improve the viability o f mixed uses in West Lionshead. Improvements to street lighting, walking surfaces, seating areas and public art are just some examples o f what could strengthen this corridor and in doing so further integrate this area with the rest of Lionshead. It is assumed that the development standards of Lionshead Mixed Use ~ or i will guide the design of redevelopment in this area. Notwithstanding the height allowances o f these zone districts, building height and massing shall be responsive to the Gore Creek corridor, the Interstate, and how building massing transitions at the ~,~vestern end o f Lionshead. Buildings at the westernmost end of West Lionshead shall gradually "step down" from the maximum allowable height limits of the Lionshead Mixed Use zone districts. • 13 We believe that it was the intent of the Town to rezone that portion of West • Lionshead zoned Arterial Business District to Lionshead Mixed Use - z, as the Lionshead Redevelopment Master Plan clearly states. B. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and Our Analysis: As the above analysis indicates, the Lionshead Redevelopment Master Plan clearly indicates these properties to be a part of the West Lionshead mixed-use development. Adjacent properties to the east are currently zoned Lionshead Mixed Use - z. The property to the south (Glen Lyon Office Building) is zoned Special Development District. The proposed site is bounded by I-7o to the North. The re-alignment of the Frontage Road will allow this area to become one cohesive development and the zoning of Lionshead Mixed Use - z to the property is more suitable than the current zoning designation of Arterial Business District. C. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and • Our Analvsis: The rezoning from Arterial Business District to Lionshead Mixed Use - z of these properties will allow for a more harmonious, convenient, and workable relationship in the proposed redevelopment of the West Lionshead area. These properties are the only properties zoned Arterial Business District in the Town of Vail. Rezoning them to Lionshead Mixed Use - z allows for redevelopment which meets the town's development objectives as outlined in the Lionshead Redevelopment Master Plan, Zoning Regulations, Vail zo/zo, etc. D. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and Our Ana~sis; As the adjacent area to the east is zoned Lionshead Mixed Use - z and this area is part of the Lionshead Redevelopment Master Plan study area, it is clear that this does not constitute a spot zoning. This amendment will help to allow the redevelopment of the West Lionshead area into a mixed use hub, serving the . needs of guests and residents alike. 14 E. The extent to which the zone district amendment results in adverse or beneficial . impacts an the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Our Analysis: This rezoning request will not result in adverse impacts on the natural environment. The site is currently developed with commercial uses on the site. All development proposals on the site will be completed with the utmost concern for the protection of the natural environment in the area, as we consider it an amenity to the guests of West Lionshead. As future applications will indicate, we are hoping to improve the riparian characteristics of Red Sandstone Creek, which borders the property to the east of the Vail Professional Building. We hope to make the creek a great asset to the area and to do so, we will ensure that there are no adverse impacts to the natural environment. F. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and Our Analysis: • The purpose statement of the Lionshead Mixed Use -z Zone District is as follows: The Lionshead mixed use z district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead mixed use z 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 o f buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal o f these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal o f the incentives is to create economic conditions favorable to inducing private redevelopment • consistent with the Lionshead redevelopment master plan. Additionally, the 15 incentives are created to help finance public, of f site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. The application of Lionshead Mixed Use - z to this site, as part of the Lionshead Redevelopment Master Plan study area, is consistent with the above purpose statement. The rezoning will further the goals of the Town of Vail, and ensure consistency with the Lionshead Mixed Use - z Zone District. G. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and Our Analysis: The Arterial Business Zone District was originally adopted in i98z. At the time, Vail and Eagle County was a different place. The population of the entire county in ~98o was just under X5,000. ~ Today, it's estimated to be over 50,000. Beaver Creek Mountain opened in X980. The Lionshead Parking Structure was completed in X980. The Vail Professional Building was constructed in 1985, and Cascade • Crossing was constructed in i99o. Twenty-five years ago, the idea of a "billion dollar" renewal of Vail was unfathomable. Arterial Business District was not a zone district applied to a property which would be envisioned to become a mixed use hub, with a parking structure and ski lift. Arterial Business District is no longer appropriate for the site. • Adjacent Addresses z1o31z1ogoo3 GLEN LYON OFFICE BUILDING C/O ANDREW D. NORRIS loon S FRONTAGE RD W STE zoo VAIL, CO 81657 z1o31z1oooo5 934 FRONTAGE RD VAIL CORPORATION PO BOX 959 AVON, CO 816zo-0959 z1o31z1oooo4 1031 FRONTAGE RD SOHO DEVELOPMENT LLC 950 17TH ST STE 1600 DENVER, CO 8ozoz z1o31z1ooooz 953 FRONTAGE RD SOHO DEVELOPMENT LLC • 95017TH ST STE 1600 DENVER, CO 8ozoz z1o31z1z4oo1 9z3 FRONTAGE RD W VAIL CORP PO BOX 7 VAIL, CO 81658 z1o31z1oool0 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 z1o31z1ogoo4 SUB:GLEN LYON SUBDIVISION LOT:39-z ROBERT J. ROSEN zoos QPRT NANCY ROSEN zoos QPRT 11z7 LAKE AVE GREENWICH, CT 06831 z1o31z1ogoo5 9345 FRONTAGE RD HAGOPIAN & PENNINGTON,LLC C/O BRENTWOOD ASSOC 8c T.M. PENNINGTON 11150 SANTA MONICA BLVD lzoo LOS ANGELES, CA gooz5 z1o31z1ogooz TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 z1o1o7zooool TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 210107216001 846 FOREST RD EAGLE RIVER WATER 8c SANITATION DIST 846 FOREST RD VAIL, CO 81657 z1o31z1oooo5 934 FRONTAGE RD VAIL CORPORATION PO BOX 959 AVON, CO 816zo-0959 z1o1o7z13oo1 86z FRONTAGE RD W VAIL CORP PO BOX 7 VAIL, CO 81658 z1o1o7z16oo1 846 FOREST RD EAGLE RIVER WATER 8c SANITATION DIST 846 FOREST RD VAIL, CO 81657 z1o1o7zooool TOWN OF VAIL 17 CEO FINANCE DEPT PO BOX 7 • 75 S FRONTAGE RD VAIL, CO 8658 VAIL, CO 8657 Condo Parcel Number zio~o7z~~o3z z~o~o63i7o~~ 8z6 FOREST RD zio~o63i7oz4 VAIL RESORTS DEV z~oio63~7053 PO BOX 959 z~o~o63i7o55 AVON, CO 8i6zo z~oio63~7057 z~oio63i7oio z~oio7ziio3i zio~o63i7oz8 8i6 FOREST RD z~o~o63i7o56 VAIL RESORTS DEV zioio63~7ozo PO BOX 959 z~o~o63i7o39 AVON, CO 8~bzo zioio63i7o5o zio~o63i7o~9 z~o~o7z~~o33 z~oio63~7o3i 798 FOREST RD zio~o63~7044 GANNETT, KATHRYN z~oio63i7oo~ 69o ARDSLEY RD z~oio63~7ozz WINNETKA, IL 60093 z~o~o63~7033 z~o~o63~7045 z~o~o7z~~o34 z~o~o63~7o5i 796 FOREST RD z~o~o63~70~6 . GANNETT, KATHRYN z~oio63i7oz5 Ego ARDSLEY RD z~o~o63i7o48 WINNETKA, IL 60093 z~o~o63i7oo8 zioio63~7o~z zioio7zi8ooz zio~o63~704~ TOWN OF VAIL 75 S FRONTAGE RD W o007~o LIONSHEAD CIR VAIL, CO 8i657 VAIL SPA CONDOMINIUM ASSOC 7io W LIONSHEAD CIR zio~o7z~8ooi VAIL, CO 8i6S7 TOWN OF VAIL 75 S FRONTAGE RD W DANN PETER -Registered Agent VAIL, CO 8657 PO BOX 5480 AVON, CO 8i6zo z~o~o7z~7oo4 8z5 FOREST RD GORE CREEK PLACE LLC PO BOX 7 VAIL, CO 8658 z~o~o7z~7ooz Condo Parcel Number • 7z8 LiONSHEAD CIR zio3~zio4o3z VAIL CORP 2103121O4o3~ 18 r~ ~J .7 • zto3tzto4otz zto3tzto4oo6 zto3tzto4oz5 zto3tzto4o33 zto3izto4o39 zto3tzto4004 zto3tzto4o37 zto3tzto4oo7 zto3tzto4oz9 zto3tzto4o44 ootooo LIONS RIDGE LOOP zto3tzto4o5o VAIL RUN RESORT COMMUNITY zto3tzto4o58 tooo LIONS RIDGE LOOP zto3tzto4oo9 VAIL, CO 81657 zto3tzto4o4o zto3tzto4ot6 William (Fleischer -Registered Agent zto3tzto4o48 tooo LIONSRIDGE LOOP zto3tzto4o64 VAIL, CO 81657 zto3tzto4o59 zto3tzto4oo5 zto3tzto4o6z CDOT zto3tzto4oo8 4zo~ E. Arkansas Avenue zto3tzto4ozt Denver, CO 8ozzz zto3tzto4o54 19 :~ TDI'VN OF YAIL 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 , Juty 23, 2007, at 1:00 pm in the Vail Public Library Community Room, in consideration of: A request for a final approval of a preliminary.plan for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation of two new lots for the redevelopment of the properties known as "Ever Vail" (1Nest Lionshead), located at 862, 923, 934, 953, 1031 South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC07-0020) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and South Frontage Road West right-of-way which is not zoned to Lionshead Mixed Use 2, properties known as "Ever Vail" (V11est Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right-of--way, (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC07-0021) Applicant: Vail Resorts Development Company, represented by Thomas Miller Planner: Warren Campbell A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3- 7, Amendment, Vail Town Code, for proposed text amendments to Chapter 14-2, Definitions, Vail Town Code, to provide definitions for terms of art, and to Chapter 14-6, Grading Standards, Vail Town Code, for proposed changes to the grading, and setting forth details in regard thereto. (PEC07-0041) Applicant: Town of Vail Planner: Rachel Friede A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend a platted building envelope, located at 1314 Spraddle Creek Road/Lot 15, Spraddle Creek Estates, and setting forth details in regard thereto. (PEC07-0044) Applicant: William and Julie Esrey Planner: Scot Hunn • Attachment D ~~ v~ 1 v~ ~~p't W~ (l~ i ~ v Page 1 • 2101 • PROOF OF PUBLICATION STATE OF COLORADO } S.S. COUNTY OF EAGLE I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 9/7/2007 and that the last publication of said notice was in the issue of said newspaper dated 9/7/2007. In witness whereof has here unto set m~ d thi~~Is 14th day of September, 2007 f) I\ r/ lislYer/General Manager/Bditor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 14`h day of September, 2007. J l ~~ ~amela Joan Schultz Notary Public • T4lK ITEM MAY AFFECT YOUR Pti..r cn, PUBLIC NOTICE NOTICE 1S HEREBY GIVEN that the P;,:.,,,;,,,, and Envirpnmental Commission of Cre Tpwn of Vail will hold a public hearing in accordance with section 12-3 Vaif Town Code, on September 24, 2007, at 7 pm in Ole town of Vail Municipal BttiWing, in .. aeration ot: A r t for a final recom .,~ lion b tfra YaN Town Council on a ,.....,,,,,,+d major am: t to Spppuueclatl Development Dis[nct Npoec4, Vail Cascade, District, Vail TowneCotle9to allow for ~Veincrease in the number of Owellinp units, located at 1310 Westhaven DnveNeil Cascade Subdivision, and setting forth details in regard thereto. (PEC07-0058) Applicant:Vai Cascade Residences, LLC, repre- sented by MaurieOo Planrring Group Planner. of Hunn ~~, A request for a final recommendation to the Vail Town Council on a proposed major amendment to' Special Development lstrict No. 4, Vail C~3....,:~, ~ pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for the develop- i ment of a mixed use project on the property known' as the Cornerstone site, located at 1276 West- haven DdveNail Cascade Subdivision and setting forth details in regard thereto. (PEC07-0055) Applicant:L-O Westhaven ,Inc., representetl by , Rick Pylman, Pylman 8 Associates Planner.Scot Hunn The applications and information about the propos- als are available fm public inspection during office hours at the Town of Vail Community Develop- ment Department. 75 South Frontage Road. The public is invked to attend project orientation and the site visits that precede the public hearing in the i Town of Vail Community Development Departmem. Please call 970-47 138 for additional infonna- Sign language interpretation is available upon re- quest, with 24-hourrtotification. Please call 970-479-2356, Telephone for the Hearing Im- paired, for information. Published September 7, 2007, in the Vail Daily(628364) My Commission expires: November 1, 2007